IFB Ice Cream 163-03282025TB.pdf

THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION

Invitation for Bid #: 163-03282025TB

Commodity: Ice Cream (UNSPSC Code: 501923 Desserts and Dessert Toppings)

It is the intent of CMBE to purchase Ice Cream and Frozen Fruit Products from a qualified vendor (this purchase must comply with Federal regulations and State statutes). These products will be dispensed in cafeterias during school lunches for Charlotte-Mecklenburg Schools’ (CMS) students.

Date Issued: 03/28/2025

Bid Opening Date: 04/14/2025

At 3:00 PM ET

Direct all inquiries concerning this IFB to:

Anthony A Becker

Senior Procurement Agent

Email: anthonya.becker@cms.k12.nc.us

Phone: 980-343-6390

Ver: 11/2023 1

FOR STATE USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by ______________________________________________________

The Charlotte-Mecklenburg BOE INVITATION FOR BIDS NO.163-03282025TB

Bids will be publicly opened: Monday, April 14, 2025

3:00 PM EST (Prevailing Local Time) 4421 Stuart Andrew Blvd.

Charlotte NC 28217 Contract Type: AGENCY SPECIFIC TERM CONTRACT

Refer ALL Inquiries to: ANTHONY A BECKER Telephone No.980-343-6390

Commodity: Ice Cream (UNSPSC Code: 501923 –Desserts and Dessert Toppings)

E-Mail: ANTHONYA.BECKER@CMS.K12.NC.US Using Agency Name: The Charlotte Mecklenburg Board of Education

Website: www.cms.k12.nc.us

NOTICE TO BIDDERS

ONLY Electronic responses will be accepted for this solicitation. You must register to submit a bid. Register as soon as possible! It may take 3 to 5 days for your account to become active. NO MAILED, COURIERED, FAXED, OR EMAIL SUBMISSIONS WILL BE ACCEPTED. Bids are subject to rejection unless submitted on this form. Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). Federal Uniform Guidance: “Contracts funded with federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200). Including the prohibitions outlined in (2 C.F.R. 200.216).” Additional information can be found at: https://www.cmsk12.org/Page/8947

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor 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 proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), none of its 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 it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

By executing this proposal, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and THE CHARLOTTE MECKLENBURG BOARD OF EDUCATION GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late bids cannot be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL:

VALIDITY PERIOD

Offer shall be valid for at least sixty (60) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this IFB.

BID ACCEPTANCE

If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The Charlotte-Mecklenburg Board of Education Standard Term and Conditions are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

(Authorized Representative of CHARLOTTE MECKLENBURG OF EDUCATION) http://www.cms.k12.nc.us/

Bid Number: 163-03282025TB Vendor: ____________________________________

Ver: 11/2023 2

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

1.2 PRICE ADJUSTMENTS

1.3 CONTRACT AND PURCHASE ORDER REQUIREMENTS

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

2.4 IFB SCHEDULE

2.5 BID QUESTIONS

2.6 BID SUBMITTAL

2.7 BID CONTENTS

2.8 ALTERNATE BIDS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2.10 INDEFINITE ORDER QUANTITY

2.11 REGULATORY COMPLIANCE

2.12 EMPLOYMENT HOUR & WAGE LAW

2.14 USDA CIVIL RIGHTS REGULATIONS AND POLICIES

2.15 RETENTION OF RECORDS

2.16 PRODUCT CHANGES

2.17 FACILITIES AND EQUIPMENT

2.18 SANITATION REQUIREMENTS

2.19 RIGHT TO ASSURANCE

2.20 ASSURANCE OF NON-COLLUSION

2.21 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS

2.22 REMIDIES FOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION OF CONTRACT

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 BID EVALUATION PROCESS

3.3 EVALUATION CRITERIA

3.4 PUBLIC BID OPENING

3.5 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.6 BID CONSIDERATION

3.7 BUY AMERICAN PROVISION

3.8 LUNSFORD ACT

3.9 N.C. LAW CLAUSE

3.10 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 ESTIMATED QUANTITIES

4.3 PRODUCT IDENTIFICATION

4.4 TRANSPORTATION AND IDENTIFICATION

4.5 DELIVERY

4.6 AUTHORIZED RESELLER

4.7 WARRANTY

Ver: 11/2023 3

4.8 MAINTENANCE OPTION

4.9 SAMPLES AND DESCRIPTIVE LITERATURE

4.10 HUB PARTICIPATION

4.11 REFERENCES

4.12 VENDOR’S REPRESENTATIONS

4.13 FINANCIAL STABILITY

4.14 AGENCY INSURANCE REQUIREMENTS MODIFICATION

4.15 LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

5.0 PRODUCT SPECIFICATIONS

5.1 CERTIFICATION AND SAFETY LABELS

5.2 QUALITY

5.3 PRODUCT INSPECTION, TESTING, AND DEFECTIVE ITEMS

5.4 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD PROJECT REVIEW MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 PERIODIC STATUS REPORTS

6.5 ACCEPTANCE OF WORK

6.6 INVOICES

6.7 DISPUTE RESOLUTION

6.8 PRODUCT RECALL

6.9 PRICE ADJUSTMENTS

6.10 TAXES

6.11 CONTRACT CHANGES

6.12 FORCE MAJEURE

7.0 ATTACHMENTS

ATTACHMENT A: PRICING FORM

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: CHARLOTTE MECKLENBURG BOARD OF EDUCATION STANDARD TERMS & CONDITIONS

ATTACHMENT D: MINORITY, WOMEN’S, SMALL BUSINESS ENTERPRISES

ATTACHMENT E: CUSTOMER REFERENCE FORM

ATTACHMENT F: NC LUNSFORD

ATTACHMENT G: LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

ATTACHMENT H: CONTRACT TEMPLATE (SAMPLE)

ATTACHMENT I: CERTIFCATION REGARDING DEBARMENT

ATTACHEMENT J: CERTIFICATION OF INDEPENDENT PRICE

ATTACHEMENT K: CERTIFICATION OF FINANCIAL CONDITION

ATTACHEMENT L: CERTIFICATION OF NUT FREE FACILITY

Ver: 11/2023 4

1.0 PURPOSE AND BACKGROUND

It is the intent of CMBE to purchase Ice Cream and Frozen Fruit Products from a qualified vendor (this purchase must comply with Federal regulations and State statutes). These products will be dispensed in cafeterias during school lunches for Charlotte- Mecklenburg Schools’ (CMS) students. See ATTACHEMENT A: PRICING for description of required goods.

The intent of this solicitation is to award an Agency Specific Contract.

1.1 CONTRACT TERM

The Contract shall be from July 1, 2025, to June 30, 2026.

At the end of the Contract’s initial term, The Charlotte Mecklenburg Board of Education shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to three (3) additional one-year terms. The Charlotte Mecklenburg Board of Education will give the Vendor written notice of its intent to exercise each option no later than ninety (90) days before the end of the Contract’s then-current term. In addition, The Charlotte Mecklenburg Board of Education reserves the right to extend a contract term after the last active term.

Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto.

1.2 PRICE ADJUSTMENTS

Successful bidder may petition by email by Friday December 1, 2025, for a price increase due to market conditions effective January 1, 2026. Petition(s) shall be emailed to anthonya.becker@cms.k12.nc.us and snfood@cms.k12.nc.us . Any request for a price increase is subject to negotiation and will be approved or refused on the basis of comparison of supplier invoicing at time of bid opening (dated not more than 1 month prior to the opening of the bid) and invoicing at time of request to increase price. Third party market reports will also be used to determine market conditions. In the event there is an uncustomary drop in the market price of any item or items covered by the contract, CMBE will request a voluntary reduction in pricing by the bidder. CMBE reserves the right to audit invoices from the successful bidder’s suppliers periodically throughout the bid period. Whenever an audit reveals an overcharge, a credit will be due on each case delivered at the incorrect price. Whenever an audit reveals an undercharge, an adjustment will not be permitted.

1.3 CONTRACT AND PURCHASE ORDER REQUIREMENTS

A response to this IFB is an offer to contract with CMBE based upon the Item Specifications and the Terms and Conditions contained in the IFB. Offers do not become contracts unless and until they are both accepted by CMBE through an Award Notice to the offeror and put into effect by the issuance of a Purchase Order(s) signed by an authorized representative of CMBE.

This contract shall collectively include (1) the Terms and Conditions and the Item Specifications included in the IFB and any subsequent addenda thereto, (2) the offeror’s signed Bid Certification and any subsequent addenda thereto, (3) the offeror’s entire response to the IFB, (4) the offeror’s Notice of Award document, (5) and any additional terms, conditions, or instructions contained in each individual Purchase Order. All binding agreements should be submitted as part of the bid packet.

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

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.

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, The Charlotte Mecklenburg Board of Education Standard Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all mailto:anthonya.becker@cms.k12.nc.us mailto:snfood@cms.k12.nc.us

Ver: 11/2023 5 requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB.

If Vendors have questions or issues, or exceptions regarding any component within this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The Charlotte Mecklenburg Board of Education may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contact award.

Other than through this process or negotiation under 01 NCAC 05B.0503, The Charlotte Mecklenburg Board of Education rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The Charlotte Mecklenburg Board of Education may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive.

2.4 IFB SCHEDULE

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

Event Responsibility Date and Time

Issue IFB CMS Friday, March 28, 2025 Hold Pre-Bid Conference/Site Visit CMS NOT APPLICABLE Submit Written Questions Vendor Friday, April 4, 2025, No Later Than 12:00

PM (EST)

Provide Responses to Questions CMS Tuesday, April 8, 2025 Submit Bids Vendor Monday, April 14, 2025 @ 3:00 PM (Virtual meeting information Section for attendance to this opening.)

Contract Award CMS Upon CMS review and CMBOE Award Contract Effective Date CMS July 1, 2025

2.5 BID QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible.

To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum.

Written questions shall be e-mailed to anthonya.becker@cms.k12.nc.us by the date and time specified above. Vendors will enter “IFB # 163-XXXXXXTB Questions” as the subject for the email. Question submittals will 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, The Charlotte Mecklenburg Board of Education’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the electronic Vendor Portal (eVP), Ver: 11/2023 6 https://evp.nc.gov, and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State 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.

2.6 BID SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. The date and time of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid submission deadline will be rejected.

If applicable to this IFB and using eVP, all proposal responses shall be submitted electronically via the electronic Vendor Portal (eVP).

Additional information can be found at the eVP updates for Vendors link: https://eprocurement.nc.gov/news-events/evp-updates-vendors.

Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). Vendors are strongly encouraged to allow sufficient time to upload bids.

Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding on this IFB periodically check the State’s eVP website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto.

2.7 BID CONTENTS

Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in The Charlotte Mecklenburg Board of Education rejecting Vendor’s bid, in The Charlotte Mecklenburg Board of Education’s sole discretion

Vendor IFB responses shall include the following items and attachments, which shall be arranged in the following order:

a) Cover Letter, which must contain all of the following; (i) a statement that confirms that the Vendor has read the IFB in its entirety, including all links, and all Addenda released in conjunction with the IFB; (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein; and (iii) Vendor’s agreement to comply with all instructions, terms and conditions, and attachments.

b) Title Page: Include the company name, address, phone number and authorized representative along with the Bid Number.

c) Completed and signed version of EXECUTION PAGES, along with the body of the IFB.

d) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned.

e) Completed version of ATTACHMENT A: PRICING (in its original stand-alone form and part of submitted total PDF)

f) Completed and signed version of ATTACHMENT D: MWSBE

g) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

h) Completed and signed version of ATTACHMENT F: NC LUNSFORD

i) Completed and signed version of ATTACHMENT G: LOBBYING ACTIVITY CERTIFICATION FOR FEDERAL GRANTS

j) Completed and signed version of ATTACHMENT I: CERTIFICATION REGARDING DEBARMENT

k) Completed and signed version of ATTACHMENT J: CERTIFICATION OF INDEPENDENT PRICING

l) Completed and signed version of ATTACHMENT K: CERTIFICATION OF INDEPENDENT PRICING

m) Completed and signed version of ATTACHMENT K: CERTIFICATION OF NUT FREE FACILITY https://evp.nc.gov/

Ver: 11/2023 7

2.8 ALTERNATE BIDS

Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bids must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the legend: “Alternate Bid #___ [for ‘name of Vendor’]”. Each bid must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate bid. Each bid must be complete and independent of other bids offered.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors referenced below which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this IFB:

CMBE – Charlotte Mecklenburg Board of Education

CMBOE – Charlotte Mecklenburg Board of Education

CMS – Charlotte Mecklenburg Schools

SN – Student Nutrition

2.10 INDEFINITE ORDER QUANTITY

Bidders are informed that this quote is for an estimated quantity of goods. No guarantees in order quantities exist until bidder receives release order from The Charlotte Mecklenburg Board of Education. The quantities listed in this IFB are for estimation and planning purposes only. The listed quantities are subject to change, with no guaranteed minimum order implied by this request for bid. The pricing reflected in bids are considered valid for the period shown under “execution” section of this quote. The Charlotte Mecklenburg Board of Education will procure certain goods through the term (term contract period) of this quote only upon actual award. The Charlotte Mecklenburg Board of Education conveys to bidder that purchases will be made as a matter of convenience (convenience contract) to The Charlotte Mecklenburg Board of Education. Award of items to certain vendors pertaining to this quote do not guarantee purchase of stated quantities.

2.11 REGULATORY COMPLIANCE

(1) The offeror and The Charlotte Mecklenburg Board of Education mutually agree to comply with all applicable standards, orders or requirements issued pursuant to Section 306 of the Clean Air Act (42 USC 1857 [h]), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 117389 and Environmental Protection Agency regulations (40 CFR Part 15). Any violations thereof shall be reported to the Administrator for Enforcement or other appropriate authority. Each party shall not be responsible to the other for acts beyond its control or acts caused by the negligence of the other party.

(2) The offeror agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 – 163).

(3) The offeror 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.

(4) The offeror shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-6, “Civil Rights Compliance and Enforcement in School Nutrition Programs”.

(5) The offeror shall comply with the “Buy American” provision for Contracts that involve the purchase of food and/or beverages as per 7 CFR Part 250.

(6) The offeror shall comply with the provisions of the Consumer Product Safety Act.

(7) The offeror shall complete the Certification of Independent Price Determination form, complete and sign the: Certification

Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions form; Certification for Contract, Grants, Loans and Cooperative Agreements – Lobbying and if applicable, Disclosure Form to Report Lobbying and shall include these documents as part of the Agreement. (See Attachments)

Ver: 11/2023 8

(8) Also refer to ST&C item 12, Compliance with all Laws. The offeror shall abide by all applicable State and Federal laws and policies of the State Board of Education when providing services under this Contract.

2.12 EMPLOYMENT HOUR & WAGE LAW

The contractor must comply with applicable federal, state, and local laws and regulations pertaining to wages, hours, and conditions of employment.

2.13 DRUG FREE WORKPLACE

The contractor must comply with all terms and conditions of the Drug Free Workplace Act, S.C. CODE ANN. 44-107-10 et seq. (1976, as amended), if this contract is for a stated or estimated value of $50,000 or more.

2.14 USDA CIVIL RIGHTS REGULATIONS AND POLICIES

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: http://www.ascr.usda.gov/complaint_filing_cust.html, 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:

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

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

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

This institution is an equal opportunity provider.

2.15 RETENTION OF RECORDS

By signing this bid, the offeror understands that The Charlotte Mecklenburg Board of Education, the U.S. Department of Agriculture, the NC Department of Public Instruction, 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.

Additionally, the offeror must provide all documents as necessary for the independent auditor to conduct The Charlotte Mecklenburg Board of Education’s Single Audit. The Charlotte Mecklenburg Board of Education will contract to have the Single Audit conducted as a regular, direct expense to CMBE; Child Nutrition funds may not be used for this purpose

The offeror must retain pertinent records for a minimum of three years after The Charlotte Mecklenburg Board of Education makes final payments. In the event of any unresolved audit findings, the records shall be retained beyond the three (3) year period for as long as required for resolution of the issues raised by the audit.

2.16 PRODUCT CHANGES

Each item that is awarded must be shipped as the approved brand and product submitted on the bid. Vendors reformulating or repackaging awarded product codes shall notify Cheri Taylor at cheri.andre@cms.k12.nc.us with the subject header, PRODUCT mailto:cheri.andre@cms.k12.nc.us

Ver: 11/2023 9

CHANGE, a minimum of two months before existing-formula or packaging of the product is discontinued. Deviation of the awarded product shall not be shipped without approval in writing. Substituting without the prior approval of The Charlotte Mecklenburg Board of Education will constitute a breach of contract by the vendor which may result in the initiation of actions covered in these Standard Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Termination of Contract” and the associated financial impacts attached thereto and may jeopardize any future business from The Charlotte Mecklenburg Board of Education.

2.17 FACILITIES AND EQUIPMENT

The contractor shall have adequate warehouses to supply products.

2.18 SANITATION REQUIREMENTS

School officials may routinely inspect Contractor’s warehouse and trucks. The warehouse and truck shall be clean, be free of insects and rodents, and be adequate for storing and delivering products.

2.19 RIGHT TO ASSURANCE

Whenever one party to this contract in good faith has reason to question the other party’s intent to perform the questioning party 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.

2.20 ASSURANCE OF NON-COLLUSION

(1) Neither the offeror nor any business entity represented by the offeror has received compensation for participation in the preparation of the item’s specifications or the Terms and conditions related to this IFB,

(2) This bid has been arrived at independently and is submitted without collusion with any other offeror, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any offer an unfair advantage over any other offer with respect to this IFB.

(3) The offeror has not accepted, offered, conferred or agreed to confer, and will not in the future accept, offer confer, or agree to confer any benefit or anything of value to any person or entity related to CMBE or any of its members in connection with any information or submission related to this bid, any recommendations, decision, vote or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or served related to this bid,

(4) Neither the offeror, nor any business entity represented by the bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of the state of North Carolina with regard to this bid, and this bid has not been knowingly disclosed, and will not be knowingly disclosed to another offeror, competitor, or potential competitor prior to the opening of bids.

(5) No attempt has been or will be made to induce any other person or entity to submit or to not submit a bid.

2.21 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS

(1) he/she has read and understands all the Terms and conditions in this document and agrees to be bound by them, and is authorized to submit bids on behalf of the offering entity,

(2) the offeror has noted any and all relationships that might be conflicts of interest and included such information with his/her bid response,

(3) the bid submitted conforms with all item specification, these Terms and conditions, and any other instructions, requirements, or schedules outlined or included in this IFB,

(4) if this bid is accepted, in whole or in part, the offering entity will furnish any item(s) awarded to them under this IFB to CMBE at the proposed price and in accordance with the item specifications and the terms and conditions contained in this IFB,

(5) the offering entity has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with this bid,

(6) the offering entity has a high degree of integrity and business ethics, and a satisfactory record of performances, and has not been notified by any local, state or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from participating in this bid, it would in no other way whatsoever be disqualified to propose or receive any award or contract related to this bid, and the offeror will comply with any reasonable request from CMBE to supply any information sufficient to substantiate the proposing entity’s ability to meet these minimum standards,

(7) concerning paragraph (6) above, the offering entity has identified and disclosed in this written bid any and all known suspected matters that would disqualify it from participating in this bid or receiving any award or contract related to this bid, Ver: 11/2023 10 recognizing that the offer’s failure to identify and disclose any such matters constitutes its affirmation that no such matters exist, and that failure to disclose in this bid any such matters which do exist is a material breach of contract which would void the submitted bid or any resulting contracts, and subject the offeror to removal from all procurement lists and possible criminal prosecution

(8) the offering entity has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals or licensed necessary for lawful performance of its obligations under this contract,

(9) the prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality and/or performance of the products offered in the bid are and will remain the same or better than those offered to the vendor’s most favored customer under equivalent circumstances,

(10) the offering entity will comply with all laws relating to intellectual property, will not infringe on any third party’s intellectual property rights, and will indemnify, defend, and hold CMBE and its members harmless against any claims for infringement of any copyrights, patents, or other infringements related to its activities under this contract (also refer to ST&C, item 37, Intellectual Property),

(11) the offering entity will maintain, at the offering entity’s expense, any insurance necessary to protect CMBE and its members from all claims for bodily injury, death, or property damage that might arise from the performance by the offering entity or the offering entity’s employees or its agents or any service required of the offering entity under this contract; however, the existence of such insurance will not relieve the offering entity of full responsibility and liability for damages, injury, death or loss as described or as otherwise provided for by law,

(12) neither CMBE nor any of its members shall be liable to the offering entity for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) in the event that CMBE declares the offering entity in default (also refer to ST&C, item 15, Indemnification),

(13) he/she understands that by signing the bid with any false statement is a material breach of the contract which will void the submitted bid or any resulting contract(s), and subject the bidder to removal from all procurement lists, and possible criminal prosecution,

(14) Offerors must comply with the State of North Carolina Conflict of Interest requirement as defined in General Statutes, Chapter 14-234 (http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-234).

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C.

20250-9410, or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

2.22 REMIDIES 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 CMBE 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, this Contract shall terminate upon the expiration of the contract term as stated on the Bid Certification.

If any delay or failure of performance is caused by a Force Majeure event as described in the Terms and Conditions document entitled “Force Majeure,” CMBE 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 within the 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 thirty

(30) 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:

http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-234

Ver: 11/2023 11

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

(2) the vendor delivering any product(s) that fail to meet the Item Specifications included in this IFB relating to the awarded product(s),

(3) the vendor delivering any substitution(s) of product(s) different than those originally proposed and awarded without the prior written approval of CMBE,

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

(5) the vendor’s violation of any other provision contained within these Terms and conditions or any attachment thereto which provides for contract termination as a remedy.

Notwithstanding anything contained in this section, in the event of the vendor’s breach of any provision in this contract, CMBE 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 its members, 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 CMBE elects to purchase other products from other sources, CMBE will invoice the vendor for any increased costs to CMBE, and the vendor agrees, by submission of a bid response, to promptly pay any such charges invoiced.

In the event CMBE terminates this Contract, in whole or in part, for any reason provided for within the contract, CMBE reserves the right to award the canceled Contract, or any portion thereof, to the next lowest or most responsible offeror as it deems such award to be in the best interest of CMBE.

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 Terms and Conditions are of the essence.

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria The Charlotte Mecklenburg Board of Education shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in The Charlotte Mecklenburg Board of Education’s best interest.

All responsive bids will be reviewed, and award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications to include any required verifications set out herein such as but not limited to past performance, references, and financial documents.

While the intent of this IFB is to award a Contract(s) to a single vendor or multiple Vendors for all line items, The Charlotte Mecklenburg Board of Education reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to The Charlotte Mecklenburg Board of Education to do so.

The Charlotte Mecklenburg Board of Education reserves the right to waive any minor informality or technicality in bids received.

3.2 BID EVALUATION PROCESS

Only responsive submissions will be evaluated.

The Charlotte Mecklenburg Board of Education will conduct an evaluation of responsive Bids, as follows:

Bids will be received according to the method stated in the Bid Submittal section above.

All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated.

Ver: 11/2023 12

The tabulation shall be made public at the time it is created. When negotiations after receipt of bids is authorized pursuant to G.S.

143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification.

Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD.

Upon completion of the evaluation process, The Charlotte Mecklenburg Board of Education will make Award(s) based on the evaluation and post the award(s) to the State’s eVP website under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to The Charlotte Mecklenburg Board of Education.

The Charlotte Mecklenburg Board of Education reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.3 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State:

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. The intent of "Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement.

A ranking method of source selection will be utilized in this procurement using evaluation criteria listed in order of importance in the Evaluation Criteria section below to allow The Charlotte Mecklenburg Board of Education to award this RFP to the Vendor(s) providing the Best Value and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against, other non-price factors.

EVALUTION METHOD: Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to The Charlotte Mecklenburg Board of Education.

All qualified proposals will be evaluated, and award made based on considering the following criteria listed to result in an award most advantageous to The Charlotte Mecklenburg Board of Education:

1. Pricing

2. Vendor Qualifications

3. Vendor Technical Approach

4. Vendor Experience with Related program [including references]

5. Completeness of Proposal

Ver: 11/2023 13

3.4 PUBLIC BID OPENING

Since bid submissions will be opened electronically when they are released to the buyer by the State of North Carolina’s software, the public bid opening (reading of the names of the companies submitting bids) will be facilitated either by a conference call or by online meeting software. Should you wish to join the public bid opening, contact the buyer at the email listed on the first page of the bid no later than 10 am (EST) the day of the bid opening. If you do not receive confirmation within the hour, please phone the buyer.

3.5 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Line 28 of the Instructions To Vendors entitled

COMMUNICATIONS BY VENDORS.

Each Vendor submitting a bid to this IFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting 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 proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this IFB or inquiries directed to the purchaser named in this IFB regarding requirements of the IFB (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.6 BID CONSIDERATION

Unless stated otherwise by Vendor on page 1, prices and any other entry made hereon by the Vendor shall be considered firm and not subject to change or withdrawal for 90 days.

3.7 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.

3.8 LUNSFORD ACT

The Vendor acknowledges that N.C. General Statute 14-208.18 prohibits anyone required to register as a sex offender under article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense.

3.9 N.C. LAW CLAUSE

Upon award of a contract under this bid, the person, partnership, association, or corporation to whom the award is made must comply with the laws of North Carolina which require such person or entity to be authorized and/or licensed to do business in this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed bid, the successful bidder agrees to subject him/herself to the jurisdiction and process of the courts of the State of North Carolina as to all matters and disputes arising or to arise under…