IFB-GCS-2026-DAIRY.pdf

GASTON COUNTY SCHOOLS

SCHOOL NUTRITION DEPARTMENT

500 Reid Street

Lowell, NC 28098

P: (704) 836-9110 F: (704) 824-8442

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Milk & Fresh Orange Juice

Invitation for Bid

GCS-2026-DAIRY

April 17, 2026

Deadline to Respond

Tuesday May 5th, 2026

8:45 a.m. (Local Time)

Please review the following information and instructions contained in this Invitation for Bid (IFB).

Should you need additional information, please email Kelsey Keltz @ krkeltz@gaston.k12.nc.us.

Gaston County School Nutrition and/or Gaston County Board of Education reserves the right to reject any or all proposals and to award the contract in best interest of the district.

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SCOPE AND PURPOSE:

It is the intent of Gaston County Schools, School Nutrition Department to identify a vendor and execute a contract to deliver milk and fresh 100% orange juice to all Gaston County Schools

Cafeterias and the Central Kitchen Production Site (this purchase must comply with Federal regulations and State statutes).

TYPE OF CONTRACT:

1. MILK

Escalating or de-escalating in accordance with market changes in the Class I raw milk prices based on the Federal-Milk-Order (FMO) announcements for applicable geographical zones.

2. 100% FRESH ORANGE JUICE

Bottom-line firm bid and will not change during the contract period.

MILK PRICING AT START OF CONTRACT:

Proposals are to be based on the April-issued Federal-Milk-Order (FMO) for May 2026. Prices at start of contract will reflect these prices adjusted as indicated by subsequent FMOs.

MILK PRICE ADJUSTMENTS:

Beginning August 2026, prices will escalate, de-escalate or remain constant based on changes in

Class I raw milk prices based on Federal-Milk-Order announcement for the applicable geographical zone.

Prices shall remain fixed for an entire calendar month.

Petition to adjust the price shall arrive no later than the 25th of the month prior to the adjustment.

Should the 25th fall on a weekend, then the petition must arrive by the next non-holiday workday. The petition shall be emailed to Bessie Harvey at blharvey@gaston.k12.nc.us, copying: Tina Franks at tlfranks@gaston.k12.nc.us; Kelsey Keltz @ krkeltz@gaston.k12.nc.us and may be made on the following basis: +/- $.001 per half pint for each full $.15 increase in raw milk per hundredweight.

Any petition to change prices must be accompanied by an appropriate copy of the Federal-Milk-Order and an explanation including conversion calculations showing the manner of arriving at change. The vendor will provide an email address to submit acceptance or rejection of the petition. This notification will be returned no later than the last non-holiday working day of the month prior to the adjustment.

CONTRACT PERIOD:

The contract shall be valid for one (1) year from August 1, 2026 through July 31, 2027. Each contract may be renewed for four (4) one (1) year periods through negotiation between the vendor and Gaston

County School Nutrition. Negotiation may be initiated no later than ninety (90) days prior to the termination of the current agreement.

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AWARD CRITERIA:

It is the intent of Gaston County Schools to award this contract to a single bidder considered by

Gaston County School Nutrition to be most advantageous or to constitute its best interest.

After the public opening of bids, Gaston County School Nutrition will require at least ten (10) working days for review. The bid award will be made by Gaston County School Nutrition and following approval by the Gaston County Board of Education. A bid award letter will be mailed to the successful vendor following Gaston County Board of Education approval.

any or all proposals.

DELIVERY:

1. During the academic year, all Gaston County Schools cafeterias will receive deliveries at 54 individual school sites on weekdays that school is in session prior to 12:00 p.m. (local time). Most schools require at least two deliveries per week. The Central Kitchen Production Site receives a delivery once a week.

2. During the winter and spring holiday periods deliveries are required if requested.

3. During the summer months, delivery routes will be arranged with the vendor, once the school sites are established to run the Summer Food Service Program.

4. Orders will be placed directly with the vendor by the cafeteria manager or her/his designee.

5. A delivery schedule for the SY 26-27 must be emailed to Kelsey Keltz (krkeltz@gaston.k12.nc.us) by July 1, 2026 and shall remain constant throughout the school year unless a written mutually-agreed-to change in this schedule is made. Contact information for both drivers and route supervisors should be included in case of emergencies or school cancellations

6. In the event of some unforeseen problem, such as delays or vehicle breakdown, contact Kelsey

Keltz at krkeltz@gaston.k12.nc.us, (704) 836-9110 Ext. 6.

7. Orders may be adjusted or canceled when school is canceled due to weather or other reasons.

Vendor will be contacted regarding necessary adjustments.

8. Repeated failure to meet delivery dates will constitute a breach of contract by the vendor.

9. Milk and juice should be delivered at the proper temperature, no more than 41 degrees Fahrenheit or less than 33 degrees Fahrenheit and well within the recommended date of use.

10. The bidder shall deliver milk and orange juice in sanitary condition in properly maintained storage crates to all locations. Delivery crates should be clean and in good condition. Empty crates should be picked up daily.

11. All goods delivered shall be in the current year standard commercial pack.

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12. Cartons must be marked with appropriate product identifying information, and embossed with a clearly labeled expiration date.

13. A delivery ticket/invoice must be furnished with each delivery, listing (a) name and address of the vendor, (b) receiving delivery location, (c) product name, (d) quantity delivered, (e) unit price, (d) total price by item. and (f) invoice total.

14. Delivery person shall request the authorized school receiver to verify the accuracy of each item(s) quantities, brand, code number, condition and temperature upon delivery. Variations shall be noted on each invoice and initial by both the delivery person and the authorized school receiver.

Full credit or replacement will be issued for any shortages, products delivered outside proper temperature ranges, with an exceeded expiration date or spoiled products still ‘in-date’.

15. The authorized school receiver must sign all delivery ticket(s)/invoice(s) at the time of delivery.

Unsigned tickets will not be paid. Two (2) copies of the delivery ticket(s)/invoice(s) must be left with the receiver.

16. 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.

17. Product substitutions are not allowed, and the involvement of multiple distribution centers will not be construed as to alter the restrictions against product substitutions.

18. In the event the vendor uses multiple distribution centers, Gaston County School Nutrition will have ONE CONTACT PERSON for overall Contract management relative to any Contract resulting from any award under this IFB, and Gaston County School Nutrition WILL NOT be required to deal with multiple Contacts for overall contract management. Except for items that have hidden defects or that do not meet specification.

19. Should Gaston County Schools, School Nutrition Department have any Federal meal reimbursement funds reclaimed due to failed or untimely delivery of milk and/or absence of required milk products as specified in the contract, the vendor will be charged the reclaimed amount and expected to pay that amount.

SANITATION REQUIREMENTS:

Vendors agree to comply with all local and state standards of sanitation in their operations. Gaston

County School Nutrition reserves the right to inspect the vendor’s operating facilities at any time. All items are to be delivered in clean, pest-free vehicles. Refrigerated goods are to be stored and delivered at the appropriate temperature. The district reserves the right to refuse or return items which are leaking, show evidence of temperature abuse or are damaged in any way. The district will be inspecting delivery trucks and products on delivery as outlined in the district HACCP plan. Vendor agrees to cooperate with such inspections and make necessary corrections because of them.

QUALITY, BEST USED BY DATE, ROTATION OF PRODUCT:

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All milk products and juice are to be delivered fresh with a ‘Best Used By’ date of at least 7 days. It is the responsibility of the delivery driver to rotate product within the cooler upon delivery to help ensure that the oldest product is used first. The determination of quality or acceptability of products offered will be made by Gaston County School Nutrition.

SUBSTITUTIONS:

Gaston County School Nutrition will not accept product substitutions on delivery after the bid has been awarded unless the substitutions have received prior approval from Gaston County School

Nutrition. Unauthorized substitutions may be grounds for termination of the contract and may jeopardize any future business with Gaston County Schools.

BUY AMERICAN PROVISION:

Section 104(d) of the William F. Goodling Child Reauthorization Act of 1998 requires schools participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) to purchase to the maximum extent possible, domestic commodities or products used in meals serves in the NSLP and SBP. “Domestic commodity or product” is defined as one that is produced in the United

States and over 51 percent of the final processed product consists of agricultural commodities that are grown domestically.

PRODUCT CHANGES:

Each item that is awarded must be shipped as the approved brand and product submitted on the bid. Vendors reformulating awarded product codes shall notify Bessie Harvey at blharvey@gaston.k12.nc.us and copy Kelsey Keltz at krkeltz@gaston.k12.nc.us and Margaret

Cameron mhcameron@gaston.k12.nc.us with the subject header, PRODUCT CHANGE, a minimum of two months before the existing-formula product is discontinued. New formula product(s) shall not be shipped without approval in writing. Substituting without the prior approval of Gaston County

School Nutrition will constitute a breach of contract by the vendor.

PRICING:

All freight, delivery, and handling charges, including unloading and inside deliveries when required are the responsibility of the vendor. Title to all products shall pass to Gaston County School Nutrition upon receipt and acceptance at the time of delivery.

All foods, beverages and food service supplies procured through Gaston County School Nutrition are exempt from sales and use tax. State Sales and Use Tax Certificates of Exemption form will be issued upon request. Sales tax shall be added where applicable.

The bidder is responsible for clearly noting any differences in proposed packaging and/or units of measure in the quote response, and the bidder shall understand that if the item in question is awarded to the bidder, the quantity specified for that item will be adjusted to achieve an approximately equivalent amount of the product.

mailto:krkeltz@gaston.k12.nc.us mailto:mhcameron@gaston.k12.nc.us

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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 Gaston County School Nutrition.

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

This is not an E-Procurement purchase and consequently not subject to the 1.75% fee. In order that you may present competitive bids, please ensure that you have not marked up your bid to cover this fee.

INVOICE, WEEKLY STATEMENT, AND PAYMENT CONDITIONS:

1. A delivery ticket/invoice must be furnished with each delivery ticket.

2. The authorized school receiver must sign all delivery ticket(s)/invoice(s) at the time of delivery.

3. Weekly statements shall be sent to Tina Franks at tlfranks@gaston.k12.nc.us and Kelsey Keltz at krkeltz@gaston.k12.nc.us by Wednesday of the following week. Statements must have itemized invoices showing delivery location, delivery date, invoice number, product delivered and quantity delivered for each product. It is the policy of Gaston County School Nutrition to make payment by reconciling delivery tickets/invoices with statements. All invoices will be paid within thirty days of the invoice date.

4. It is the responsibility of the vendor to make sure that invoice pricing is consistent with bid pricing.

Invoices with incorrect prices or other errors or inconsistencies will not be paid until corrected, whether by credit memo(s) or issuance of a corrected invoice.

5. All credit memos should be emailed to tlfranks@gaston.k12.nc.us or mailed to 500 Reid Street, Lowell, NC 28098. Sending credit memos directly to schools will delay payment of invoices to which they relate.

6. Payment will be made only after satisfactory delivery and acceptance of merchandise in good order, including the necessary documentation indicated above, and only after receipt of a correct invoice form the vendor, including the necessary information indicated above.

TERMINATION OF CONTRACT:

Gaston County School Nutrition may terminate the contract, if terms of contract are not met; and the successful contractor may terminate the contract if Gaston County Schools, School Nutrition

Department is in breach of contract.

Potential reasons to terminate may include, but are not limited to:

Failure to meet delivery schedule.

Poor service or poor quality products as determined by the Director of School Nutrition.

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Excessive out of stock items.

Substituting products without prior approval by the Director of School Nutrition or designee.

Shipping products that do not meet specifications.

Each party shall follow the procedure outlined below, if a contract is to be terminated:

Step 1: Issue warning letter outlining violations and time given to correct the problem.

Step 2: Issue letter of Intent to Cancel Contract, if problems are unresolved by a given date.

Step 3: Issue letter to cancel the contract.

In the event that the physical facilities of the contractor are destroyed or a labor dispute makes performance under the terms of this contract impossible, the contractor will not be held liable by the

Gaston County Schools.

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Exhibit List:

Attachment A: GCS Standard Terms and Conditions

Attachment B: School Nutrition Standard Terms and Conditions

Exhibit 1: Gaston County Schools Delivery Addresses

Exhibit 2: Proposal Reply Section

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Attachment A

GCS Standard Terms and Conditions

1. Payment Terms. Payment terms are Net 30 days after receipt of applicable invoice.

2. Compliance with All Laws. Service Provider warrants that all performance hereunder shall be in accordance with all applicable federal, state and local laws, regulations and orders.

3. Registered Sex Offenders. Service Provider acknowledges that GCS Policy “Registered Sex offenders Banned from property – Policy Code 5021” prohibits anyone registered or required to register as a sex offender from being present on any GCS Property for any reason, whether before, during or after school hours. Service Provider expressly agrees that it, and any of its employees, will comply with this policy and acknowledges that any individuals that violate this policy are subject to removal from GCS Property by GCS and/or law enforcement officials and may also be subject to criminal prosecution. “GCS Property” includes all property owned or operated by the Gaston County Board of Education, including school campuses and buildings, athletic fields, playgrounds, parking lots, bus stops, vehicles, school buses, activity buses and any other properties owned or controlled by GCS. If Service Provider, any of Service Provider’s employees, or any of Service Provider’s subcontractors or employees of subcontractors will have any direct interaction with students, then Service Provider or the subcontractor must (i) on an annual basis conduct a check of the N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program and the National Sex Offender Registry for all such employees; and (ii) prohibit individuals listed on such registries from being on GCS Property.

4. E-verification. Service Provider shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

5. Indemnification. Service Provider shall indemnify and hold harmless GCS, its officers, agents, employees and assigns from and against all claims, losses, costs, damages, expenses, attorneys' fees and liability that any of them may sustain

(a) arising out of Service Provider's failure to comply with any applicable law, ordinance, or regulation or (b) arising directly or indirectly out of Service Provider's performance or lack of performance of the terms and conditions of the Contract. In the event Service Provider, its employees, agents, subcontractors and or lower-tier subcontractors enter premises occupied by or under the control of GCS in the performance of the Contract Documents, Service Provider agrees that it will indemnify and hold harmless GCS, its officers, agents, employees and assigns, from any loss, costs, damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out of, as a result of, or caused by the negligence or willful misconduct of such entrant.

6. Insurance. The Service Provider certifies that it currently has and agrees to purchase and maintain during its performance under this contract the following insurance from one or more insurance companies acceptable to GCS and authorized to do business in the State of North Carolina and with an AM Best rating of A:X or better. GCS shall be named as an additional insured on the Automobile and Commercial General Liability policies.

● Worker’s Compensation and Employer’s Liability Insurance – Worker’s Compensation insurance with limits as required by statute with Employer’s Liability limits of $500,000 each accident, $500,000 disease policy limit, $500,000 disease each employee.

● Automobile Insurance - The Service Provider shall purchase and maintain Automobile Liability insurance providing coverage against losses resulting in bodily injury or property damage caused by or arising out of ownership, maintenance or operations of any motor vehicle, owned or nonowned used in the performance of this contract. A minimum limit of $1,000,000 per occurrence is required.

● Commercial General Liability – The Service Provider shall purchase and maintain Commercial General Liability insurance providing coverage against losses resulting in bodily injury, personal injury and property damage caused by or arising out of the operations under this contract. Such insurance shall include coverage for premises operations, and products and completed operations. A minimum limit of $1,000,000 per occurrence with a $2,000,000 aggregate is required.

● Sexual Abuse, Molestation Coverage – Limits of $1,000,000 for each occurrence.

● Environmental Impairment Liability and Pollution Liability – Limits of $1,000,000 per occurrence.

● Umbrella Excess Liability – Contractor shall carry umbrella excess liability including auto, general liability, employer’s liability, and professional liability in the amount of $1,000,000 over existing primary insurance and over self-insured hazards.

Certificates of such insurance shall be furnished by the Service Provider to GCS, naming GCS as additional insured as required above, and shall contain the provision that GCS be given 30 days written notice of any intent to amend, cancel or nonrenew by either the Service Provider or the insuring company. Failure to furnish insurance certificates or to

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7. Termination for Convenience. In addition to all of the other rights which GCS may have to cancel this Order, GCS shall have the further right, without assigning any reason therefore, to terminate any work under the Contract Documents, in whole or in part, at any time at its complete discretion by providing thirty (30) days’ notice in writing from GCS to Service Provider. If the Contract is terminated by GCS in accordance with this paragraph, Service Provider will be paid for Services actually provided up through the date of termination at the rates provided herein.

8. Termination for Default. Either party may terminate the Contract, in whole or in part, immediately and without prior notice upon breach of the other party. In addition to any other remedies available to GCS law or equity in connection with an uncured breach of the Contract by Service Provider, GCS may procure upon such terms as GCS shall deem appropriate, Services substantially similar to those so terminated, in which case Service Provider shall be liable to GCS for any excess costs for such similar supplies or services and any expenses incurred in connection therewith.

9. Contract Funding. It is understood and agreed between Service Provider and GCS that GCS's obligation under the Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of GCS for any payment may arise until funds are made available to GCS’s Finance Officer and until Service Provider receives notice of such availability. Should such funds not be appropriated or allocated, the Contract shall immediately be terminated. GCS shall not be liable to Service Provider for damages of any kind (general, special, consequential or exemplary) as a result of such termination.

10. Accounting Procedures. Service Provider shall comply with any accounting and fiscal management procedures prescribed by GCS to apply to the Contract and shall assure such fiscal control and accounting procedures as may be necessary for proper disbursement of and accounting for all project funds.

11. Improper Payments. Service Provider shall assume all risks attendant to any improper expenditure of funds under the Contract. Service Provider shall refund to GCS any payment made pursuant to the Contract if it is subsequently determined by audit that such payment was improper under any applicable law, regulation or procedure. Service Provider shall make such refunds within 30 days after GCS notifies Service Provider in writing that a payment has been determined to be improper.

12. Contract Transfer. Service Provider shall not assign, subcontract or otherwise transfer any interest in the Contract without the prior written approval of GCS.

13. Contract Personnel. Service Provider agrees that it has, or will secure at its own expense, all personnel required to perform the services set forth in the Contract.

14. Key Personnel. Service Provider shall not substitute for key personnel (defined as those individuals identified by name or title in the Contract Documents or in written communication from Service Provider) assigned to the performance of the Contract without prior written approval from GCS Project Coordinator (the individual at GCS responsible for administering the Contract).

15. Contract Modifications. The Contract may be amended only by written amendment duly executed by both GCS and Service Provider. However, minor modifications may be made by GCS Project Coordinator to take advantage of unforeseen opportunities that: (a) do not change the intent of the Contract or the scope of Service Provider's performance; (b) do not increase Service Provider's total compensation or method of payment; and (c) either improve the overall quality of the product or service to GCS without increasing the cost, or reduce the total cost of the product or service without reducing the quantity or quality. All such minor modifications to the Contract must be recorded in writing and signed by both the Project Coordinator and Service Provider, and placed on file with the Contract. No price adjustments will be made unless the procedure has been included in the Contract and a maximum allowable amount stipulated.

16. Relationship of Parties. Service Provider is an independent contractor and not an employee of GCS. The conduct and control of the work will lie solely with Service Provider. The Contract shall not be construed as establishing a joint venture, partnership or any principal-agent relationship for any purpose between Service Provider and GCS.

Employees of Service Provider shall remain subject to the exclusive control and supervision of Service Provider, which is solely responsible for their compensation.

17. Advertisement. The Contract will not be used in connection with any advertising by Service Provider without prior written approval by GCS.

18. Nondiscrimination. During the performance of the Contract, Service Provider shall not discriminate against or deny the Contract's benefits to any person on the basis of sexual orientation, national origin, race, ethnic background, color, religion, gender, age or disability.

19. Conflict of Interest. Service Provider represents and warrants that no member of GCS or any of its employees or officers who may obtain a direct benefit, personal gain or advantage for themselves or a relative or associate as a result of the Contract, subcontract or other agreement related to the Contract is in a position to influence or has attempted to influence the making of the Contract, has been involved in making the Contract, or will be involved in administering the

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Contract. Service Provider shall cause this paragraph to be included in all Contracts, subcontracts and other agreements related to the Contract.

20. Gratuities to GCS. The right of Service Provider to proceed may be terminated by written notice if GCS determines that Service Provider, its agent or another representative offered or gave a gratuity to an official or employee of GCS in violation of policies of GCS.

21. Kickbacks to Service Provider. Service Provider shall not permit any kickbacks or gratuities to be provided, directly or indirectly, to itself, its employees, subcontractors or subcontractor employees for the purpose of improperly obtaining or rewarding favorable treatment in connection with a GCS Contract or in connection with a subcontract relating to a GCS Contract. When Service Provider has grounds to believe that a violation of this clause may have occurred, Service Provider shall promptly report to GCS in writing the possible violation.

22. Monitoring and Evaluation. Service Provider shall cooperate with GCS, or with any other person or agency as directed by GCS, in monitoring, inspecting, auditing or investigating activities related to the Contract. Service Provider shall permit GCS to evaluate all activities conducted under the Contract. GCS has the right at its sole discretion to require that Service Provider remove any employee of Service Provider from GCS Property and from performing services under the Contract following provision of notice to Service Provider of the reasons for GCS’s dissatisfaction with the services of Service Provider’s employee.

23. Financial Responsibility. Service Provider is financially solvent and able to perform under the Contract. If requested by GCS, Service Provider agrees to provide a copy of its latest audited annual financial statements or other financial statements as deemed acceptable by GCS's Finance Officer. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Service Provider, the inability of Service Provider to meet its debts as they become due or in the event of the appointment, with or without Service Provider’s consent, of an assignee for the benefit of creditors or of a receiver, then GCS shall be entitled, at its sole option, to cancel any unfilled part of the Contract without any liability whatsoever.

24. Governmental Restrictions. In the event any governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Service Provider to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. GCS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract.

25. Inspection at Service Provider’s Site. GCS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to Contract award, and during the Contract term as necessary for GCS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

26. Confidential Information. Student Information: If, during the course of Service Provider's performance of the Contract, Service Provider should obtain any information pertaining to the students' official records, Service Provider agrees to keep any such information confidential and to not disclose or permit it to be disclosed, directly or indirectly, to any person or entity. The Contract shall not be construed by either party to constitute a waiver of or to in any manner diminish the provisions for confidentiality of students' records. Additionally, pursuant to N.C.G.S. 115C-401.1, it is unlawful for a person who enters into a contract with a local board of education to sell personally identifiable information that is obtained from a student as a result of that person’s performance under the Contract. Employee Personnel Information:

If, during the course of Service Provider's performance of the Contract, Service Provider should obtain any information pertaining to employees of GCS’s personnel records, Service Provider agrees to keep any such information confidential and to not disclose or permit it to be disclosed, directly or indirectly, to any person or entity. Other Confidential Information: (a) Service Provider agrees that it will at all times hold in confidence for GCS all designs, know-how, techniques, devices, drawings, specifications, patterns, technical information, documents, business plans, item requirements, forecasts and similar data, oral, written or otherwise, conveyed by GCS to Service Provider in connection herewith; or procured, developed, produced, manufactured or fabricated by Service Provider in connection with Service Provider's performance hereunder (collectively, "Information"). Service Provider shall exercise the same degree of care to prevent disclosure of any Information to others as it takes to preserve and safeguard its own proprietary information, but in any event, no less than a reasonable degree of care. Service Provider shall not, without the prior written consent of GCS, reproduce any Information; nor disclose Information to any party; nor use any Information for any purpose other than performance for the benefit of Service Provider hereunder. (b) Any technical knowledge or information of Service Provider which Service Provider shall have disclosed or may hereafter disclose to GCS in connection with the Goods or other performance covered by the Contract shall not, unless otherwise specifically agreed upon in writing by GCS, be deemed to be confidential or proprietary information.

27. No Pre-Judgment or Post-Judgment Interest. In the event of any action by Service Provider for breach of contract in connection with the Contract, any amount awarded shall not bear interest either before or after any judgment, and Service Provider specifically waives any claim for interest.

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28. Background Checks. At the request of GCS’s Project Coordinator, Service Provider (if an individual) or any individual employees of Service Provider shall submit to GCS criminal background check and drug testing procedures.

29. Mediation. If a dispute arises out of or relates to the Contract, or the breach of the Contract, and if the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to litigation. Such mediation shall occur at a mutually agreed upon location in Gaston County, North Carolina.

30. No Third Party Benefits. The Contract shall not be considered by Service Provider to create any benefits on behalf of any third party. Service Provider shall include in all contracts, subcontracts or other agreements relating to the Contract an acknowledgment by the contracting parties that the Contract creates no third party benefits.

31. Force Majeure. If either party is unable to perform its obligations or in the case of GCS, to accept the Services because of Force Majeure (as hereinafter defined), the time for such performance by such party or in the case of GCS, acceptance of Services will be equitably adjusted by allowing additional time for performance or acceptance of services equal to any periods of Force Majeure. “Force Majeure” shall mean any delays caused by acts of God, riot, war, terrorism, inclement weather, labor strikes, material shortages and other causes beyond the reasonable control of the affected party.

32. Ownership of Documents. All documents created pursuant to the Contract shall, unless expressly provided otherwise in writing, be owned by GCS. Upon the termination or expiration of the Contract, any and all finished or unfinished documents and other materials produced by Service Provider pursuant to the Contract shall, at the request of GCS, be turned over to GCS. Any technical knowledge or information of Service Provider which Service Provider shall have disclosed or may hereafter disclose to GCS shall not, unless otherwise specifically agreed upon in writing by GCS, be deemed to be confidential or proprietary information.

33. Strict Compliance. GCS may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous course of dealing or course of performance between the parties to the contrary.

34. General Provisions. GCS's remedies as set forth herein are not exclusive. Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach, or default. If GCS should prevail in any action instituted by Service Provider hereunder, GCS shall be entitled to recover costs and reasonable attorney's fees. Service Provider may not assign, pledge, or in any manner encumber Service Provider's rights under this Order, or delegate the performance of any of its obligations hereunder, without GCS's prior, express written consent.

35. Contract Situs. All matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of the Contract, will be determined in Gaston County, North Carolina. North Carolina law will govern the interpretation and construction of the Contract.

36. Entire Contract. This Contract constitutes and expresses the entire agreement and understanding between the parties concerning the subject matter of this Contract. This document (including exhibits, if any), any purchase order used in connection with this Contract and any other document expressly incorporated in this Contract by reference supersede all prior and contemporaneous discussions, promises, representations, agreements and understandings relative to the subject matter of this Contract.

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Attachment B

School Nutrition Standard Terms and Conditions

A. The contractor shall comply with applicable federal, state and local laws and regulations pertaining to wages, hours, and conditions of employment. In connection with contractors ”performance of work” under this contract, the contractor agrees not to discriminate against any employee(s) or applicant(s) for employment because of age, religious creed, sex, national origin, or disability.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.

Submit your completed form or letter to USDA by:

mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

fax: (202) 690-7442; or email: program.intake@usda.gov

B. The contractor agrees to retain all books, records, and other documents relative to this agreement for three (3) years after the final payment. The district, its authorized agents, and/or state/federal representatives shall have full access to, and the right to, examine any of said materials during said period. If an investigation or audit is in progress, records shall be maintained until the issue is officially resolved.

C. By signing this document the contractor certifies that this contract is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The contractor certifies that collusive bidding is a violation of federal law and can result in fines, prison sentences, and civil damage awards.

mailto:program.intake@usda.gov

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Exhibit 1: Gaston County Schools Delivery Addresses

School# School Name Address City

31000 Ashbrook High 2222 South New Hope Road Gastonia, NC 28054

32000 Belmont Central Elementary 310 Eagle Road Belmont, NC 28012

32400 Belmont Middle 1020 South Point Road Belmont, NC 28012

33200 Bessemer City Central 1400 Puetts Chapel Road Bessemer City, NC 28016

33600 Bessemer City High 119 Yellow Jacket Lane Bessemer City, NC 28016

43600 Bessemer City Middle 525 Ed Wilson Road Bessemer City, NC 28016

33800 Bessemer City Primary 1320 North 12th Street Bessemer City, NC 28016

34000 Brookside Elementary 1925 Auten Road Gastonia, NC 28054

34400 Carr Elementary 307 South Pine Street Dallas, NC 28034

34800 Catawba Heights Elementary 101 Ivey Street Belmont, NC 28012

35200 Chapel Grove Elementary 5201 Lewis Road Gastonia, NC 28052

36400 Cherryville Elementary 700 East Academy Street Cherryville , NC 28021

36000 Cherryville High 313 Ridge Avenue Cherryville, NC 28021

37600 Costner Elementary 353 Old 277 Loop Road Dallas, NC 28034

38000 Cramerton Middle 601 Cramer Mountain Road Cramerton, NC 28032

39000 East Gaston High 1744 Lane Road Mount Holly, NC 28120

39600 Forestview High 5545 Union Road Gastonia, NC 28056

40000 Gardner Park Elementary 738 Armstrong Park Road Gastonia, NC 28054

40800 Grier Middle 1622 East Garrison Boulevard Gastonia, NC 28054

49200 H.H. Beam Elementary 200 Davis Park Road Gastonia, NC 28052

42000 Hawks Nest STEAM Academy 3430 Robinwood Road Gastonia, NC 28054

41800 Highland School of Technology 1600 North Morris Street Gastonia, NC 28052

42600 Holbrook Middle 418 South Church Street Lowell, NC 28098

42800 Hunter Huss High 1518 Edgefield Avenue Gastonia, NC 28052

43100 John Chavis Middle 103 South Chavis Drive Cherryville, NC 28021

43200 Kiser Elementary 311 East College Street Stanley, NC 28164

43800 Lingerfeldt Elementary 1601 Madison Street Gastonia, NC 28052

44000 Lowell Elementary 1500 Power Drive Lowell, NC 28098

44800 McAdenville Elementary 275 East Wesleyan Drive McAdenville, NC 28101

45600 Mount Holly Middle 124 South Hawthorne Street Mount Holly, NC 28120

46400 New Hope Elementary 137 Stowe Road Gastonia, NC 28056

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46800 North Belmont Elementary 210 School Street Belmont, NC 28012

47000 North Gaston High 1133 Ratchford Road Dallas, NC 28034

43000 Page Primary 215 Ewing Drive Belmont, NC 28012

47800 Pinewood Elementary 1925 North Main Street Mount Holly, NC 28120

48000 Pleasant Ridge Elementary 1260 Floyd Lane Gastonia, NC 28052

48200 Rankin Elementary 301 West Central Avenue Mount Holly, NC 28120

48800 Robinson Elementary 3122 Union Road Gastonia, NC 28054

39200 Sadler Elementary 3950 West Franklin Boulevard Gastonia, NC 28052

49000 Sherwood Elementary 1744 Dixon Road Gastonia, NC 28054

49400 South Point High 906 South Point Road Belmont, NC 28012

49800 Southwest Middle No. 1 Roadrunner Drive Gastonia, NC 28052

49900 Springfield Elementary 900 South Main Street Stanley, NC 28164

50000 Stanley Middle 317 Hovis Road Stanley, NC 28164

37800 Stuart W. Cramer High 101 Lakewood Road Belmont, NC 28012

50400 Tryon Elementary 2620 Tryon Courthouse Road Bessemer City, NC 28016

51000 W.A. Bess Elementary 4340 Beaty Road Gastonia, NC 28056

33900 W.B. Beam Intermediate 401 East First Street Cherryville, NC 28021

51400 W.C. Friday Middle 1221 Ratchford Drive Dallas, NC 28034

37200 Warlick School 1316 Spencer Mountain Road Gastonia, NC 28054

39400 Webb Street School 1623 North Webb Street Gastonia, NC 28052

52000 Woodhill Elementary 1027 Woodhill Drive Gastonia, NC 28052

52600 York Chester Middle 601 South Clay Street Gastonia, NC 28052

81000 School Nutrition Central Kitchen 500 Reid Street Lowell, NC 28098

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Exhibit 2: Proposal Reply Section

By submission of the proposal reply section, you are guaranteeing that all goods and services meet the requirements of this solicitation during the contract period.

In order for your proposal to be considered, this section shall be executed completely, correctly and returned in a sealed envelope clearly displaying the bidder's name, “GCS-2026-DAIRY”, opening date

5/5/2026 and time 9:00 a.m.

Submission can be by mail or in person to:

Gaston County School Nutrition

Attn: Kelsey Keltz

500 Reid Street

Sealed proposals must be received by Gaston County School Nutrition on/or before 8:45 a.m. (Local

Time) Tuesday May 5, 2026.

Late proposals shall not be accepted. Proposals that are not sealed or not clearly marked as indicated above will not be accepted or considered.

Interested parties are invited to attend a non-mandatory public bid opening held on May 5, 2026 at

9:00 a.m. If you would like to participate in the meeting, please send a request to Kelsey Keltz at krkeltz@gaston.k12.nc.us

All proposers must be able to comply with all the terms and conditions described in this Invitation for

Bid (IFB).

Should you need additional information, please email Kelsey Keltz at krkeltz@gaston.k12.nc.us any or all proposals and to award the contract in the best interest of the district.

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CHECK LIST

A. Certification For Contracts, Grants, Loans And Cooperative Agreements

B. Historically Underutilized Business (Hub) Certification

C. Certification Regarding Debarment, Suspension, And Other Responsibility Matters - Primary

Covered Transactions

D. NC Lunsford Act N.C. General Statute 14-208.18

E. Proposer References

F. Proposal Price Summary Sheet / Labels

G. Bid Certification And Signature

H. Proposer Federal Identification Number

500 Reid Street

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A. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS

Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report

Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature of Authorized Representative Date

Company Name (Please Print)

500 Reid Street

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B. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION

Companies submitting bids that have been certified by the North Carolina Department of Administration as Historically

Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this Request for

Bid.

I certify that my company has been certified by the North Carolina Department of Administration as a Historically

Underutilized Business (HUB), and I have attached a copy of our HUB Certification to this form. (Required documentation for recognition as a HUB).

o Minority o Small Business o Woman Owned

- OR -

My company has NOT been certified by North Carolina as a Historically Underutilized Business (HUB).

500 Reid Street

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C. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS - PRIMARY COVERED TRANSACTIONS (see instructions on next page)

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

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

b. have not within a three-year period preceding this bid been convicted of or had a civil 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 a 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;

c. 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

d. 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.

2. 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.

500 Reid Street

This institution is an equal opportunity provider.