Invitation for Bid #251-25-79 Ice Cream_FINAL (CNS).pdf

Memorandum from Purchasing Department

Letter of Instruction for RFP #251-25-79

To: Prospective Parties

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

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

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

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

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

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

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

mailto:bids-mcalvert@wcpss.net

Request for Proposal #251-25-79

1551 Rock Quarry Rd – Bldg. F DUE DATE: April 30, 2024 @ 2:00PM ET

I. Raleigh, NC 27610 Contract Type: Open Market

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

Commodity: 731318 Ice Cream Products for Child Nutrition Services

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

SYSTEM

NOTICE TO VENDORS

Sealed proposals, subject to the conditions made a part hereof, will be received at this office (1551 Rock Quarry Road, Building F, Raleigh, NC) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Refer to page 2 for proper mailing instructions.

Proposals submitted via facsimile (FAX) machine or email in response to this Request for Proposal will not be acceptable.

Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Request for Proposal, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the time specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without collusion.

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

BIDDER: FEDERAL ID OR SOCIAL SECURITY

NO.

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE

NUMBER:

TOLL FREE

TEL. NO

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

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

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for 60 days from date of proposal opening unless otherwise stated here: ____ days.

Prompt Payment Discount: _______ % __________________ days.

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

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

MAILING INSTRUCTIONS: Mail only one fully executed proposal with copies, unless otherwise instructed, and only one proposal package with copies per envelope. Address envelope and include proposal number as shown below. It is the responsibility of the Vendor to have the proposal in this office by the specified time and date of opening.

DELIVER TO:

PROPOSAL NO. RFP 251-25-79

Wake County Public School System

Attention: Marcella Calvert

1551 Rock Quarry Road, Bldg. F

Raleigh, NC 27610

RFP SCHEDULE

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

Event Responsibility Date and Time (ET)

Issue RFP WCPSS 4/19/2024

Submit written questions to bids-mcalvert@wcpss.net

(Reference RFP # in the subject line)

Vendor 4/23/2024 by 2:00 PM

Provide Responses to Questions WCPSS 4/26/2024 by End of Business Day

Submit Proposals Vendor 4/30/2024 @ 2:00 PM

PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions, in written form by the above due date. WCPSS will not respond to questions via telephone or telephone message(s). Written questions must be emailed to bids-mcalvert@wcpss.net by the date and time specified above. Vendors should enter “RFP

#251-25-79 Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

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

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

PROPOSAL EVALUATION

All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for additional information and/or elect to conduct interviews with finalists to clarify information provided in the proposals.

The services that are the subject of this RFP are not required to be bid under North Carolina law, and none of the statutory requirements regarding public bidding apply to this RFP. This document, and not those statutes, will govern the selection process.

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

WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS have any obligation to explain its decision to recommend or not to recommend any particular vendor or to invite or exclude any particular vendor from consideration at any stage of the process. Instead of recommending that contracts be awarded to one or more vendors who presented proposals, WCPSS may, at its sole discretion, reject the proposals and repeat the process, enter into direct contract negotiations with one or more vendors (possibly including vendors who have not previously submitted proposals) or take any other action WCPSS deems advisable under all the circumstances.

WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems relevant.

Factors often considered include qualifications, relevant experience, fee, and ability to perform work in a timely manner.

WCPSS retains sole discretion to award the contract to the vendor(s) it believes will best serve the interests of WCPSS and may consider any factors, documents, or information it deems relevant in making that determination. WCPSS shall not have any obligation to explain its decision to select or not select any individual vendors or to invite or exclude any individual vendors from consideration at any stage of the process. The decision of WCPSS to accept or reject any proposals and to award contract(s) to any one or more vendor(s) shall be final and not subject to further review.

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

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

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

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

● Any form of bid collusion or bid rigging.

METHOD OF AWARD

All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation which is best for WCPSS. Vendors SHALL not be considered who are not approved or authorized by The State of North Carolina to do business with The State of North Carolina. WCPSS Child Nutrition Services (CNS) reserves the right to waive any minor informality or technicality in proposals received.

See page 6 for Award Criteria.

IMPORTANT: CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WCPSS regarding this solicitation. All communication should be directed in written form to the WCPSS contact indicated on pages 1, 2, and 3.

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

PURPOSE AND BACKGROUND

This solicitation is requesting bids for ice cream from qualified distributors with the intent to award a contract to procure ice cream products in accordance with applicable State statutes and Federal regulations governing federally funded child nutrition programs for designated regions in the Wake County Public School System (WCPSS), herein after referred to as the “school district”. The school district is requesting bids for ice cream products for the 2024-2025 school year.

For background purposes, The Wake County Public School System (WCPSS) is currently the largest school district in North Carolina and the 15th largest in the United States. There are currently 198 schools serving a student population of approximately 162,000, with approximately 20,000 staff. Wake County covers 854 square miles. Additional information about the school system can be accessed via the internet site (www.wcpss.net). The Child Nutrition Services department (hereafter referred to as CNS) serves approximately 52,000 reimbursable lunches and 21,000 reimbursable breakfasts daily. Bidders must provide: Brand, Manufacturer’s Product Code, Country of Origin, and Unit Price based on a direct shipment to the designated location as needed, to include all freight and unloading charges for each item quoted. This contract will establish a maximum price that WCPSS CNS will pay for any item covered by the contract during the term of that contract.

(Reference Template)

REFERENCES

Name of Organization Contact Person

Name

Annual Contract Value Contact Person Title

Contract Start Date Contact Person

Telephone Number

Contract End Date Contact Person Email

Address

AWARD CRITERIA

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

1. Prices offered.

2. Conformity with Smart Snack specifications herein.

3. Delivery schedule based off of the WCPSS provided school calendars.

4. Location and availability of service and personnel.

5. References provided for proposed product(s).

6. Samples of proposed product(s); if required.

It is not the policy of the WCPSS to purchase on the basis of low bid price alone. All bid items are subject to evaluation and approval by the WCPSS. In evaluating the bids received and determining the best value, WCPSS may consider any combination of the following criteria: (1) the purchase price; (2) the reputation of the vendor and of the vendor’s goods and/or services; (3) the extent to which the goods and/or services meet the needs of the WCPSS; (4) the vendor’s location, service, and delivery capabilities; (5) the vendor’s past performance with the WCPSS; (6) student preferences;

(7) the warranties offered and the bidder’s warranty service history; (8) the probability of continuous availability of the goods/and or services offered; (9) the impact on the ability of the WCPSS to comply with any applicable laws or rules;

(10) the total long-term cost to the WCPSS to acquire the vendor’s goods and/or services; (11) packaging or the products and in some cases preferences is given to a vendor who provides all the components relative to the complete package, and (12) any other relevant factor that a public or private entity could consider in selecting a vendor.

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

CONTRACT SPECIFICATIONS

Product Specification(s):

1. Economic Price Adjustment

2. Delivery

a. All delivery services shall be made between the hours of 7:00 A.M. and 2:00 P.M. Monday through Friday (except holidays, teacher workdays, and inclement weather days) and placed in the designated Frozen Food storage area as requested by Child Nutrition Service manager or designee.

b. All ice cream deliveries shall be made weekly or as needed to all schools or in accordance with a schedule mutually agreed upon with the successful bidder. Only one ice cream delivery per school site per week is anticipated, but the WCPSS reserves the right to require more/less than one delivery per week, as needed and volume requires. After-hours dock deliveries will not be accepted and will result in a contract cancellation. 100% fill rate is expected. Minimum deliveries shall be mutually agreed upon.

c. Deliveries must be made in mechanically refrigerated trucks maintaining a temperature appropriate for all products shipped. The WCPSS reserves the right to reject the use of equipment by a carrier if it is not in clean, sanitary condition and suitable for hauling of all items.

d. In case of inclement weather forcing cancellation of schools on a delivery day, the delivery will be made on an alternate day agreed upon by the Child Nutrition Senior Director and/or designee and the Vendor. The school system reserves the right to cancel deliveries due to inclement weather for extenuating circumstances.

e. The Vendor must immediately notify the Child Nutrition Senior Director or designee at the WCPSS placing the order, by telephone and/or email, if any delays occur. The Child Nutrition Senior Director or designee placing the order will have the option to cancel the order if they are unable to accept the delay. At the discretion of the WCPSS placing the order, items received after the due date, for which the WCPSS has not been notified regarding the delay, may be returned at the Vendor’s expense with no penalty to the

WCPSS.

f. If the Vendor is delivering products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan MUST carry or have timely access to all awarded items and MUST be able to respond to orders in a timely manner. Unless otherwise specified in this IFB, product substitutions are not allowed, and the involvement of multiple distribution centers will not be construed as to alter the restrictions against product substitutions. In the event the Vendors uses multiple distribution centers, the WCPSS Child Nutrition Services will have ONE CONTACT PERSON for overall contract management relative to any contract resulting from any award under this IFB, and the WCPSS WILL NOT be required to deal with multiple Vendor contracts for overall contract management.

g. When the needs of the WCPSS require immediate response, the right to pick up products awarded under this IFB on an “over the counter” basis must be available for the majority of the items awarded to a bidder.

Under such circumstances, the WCPSS personnel may pick up products at the Vendor’s warehouse location at the bid price with no minimum purchase required.

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

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

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

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

“Discount from Catalog” IFBs require a single discount percentage to be applied to all items in the offeror’s published catalog, which must be supplied with the bid response.

Allowable costs will be paid from the nonprofit school food service account to the offerer/contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA. The offeror/contractor agrees to fully disclose all discounts, rebates, allowances, and incentives received by the Company from its suppliers. If the offeror/contractor receives a discount, rebate, allowance, or incentive from any supplier, the offeror/contractor must disclose and return to WCPSS the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of WCPSS. All discounts, rebates, allowances, and incentives must be returned to WCPSS during a mutually agreed upon timeframe that is beneficial to the School District.

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

Each item is to be priced separately by offering the standard unit price as per designation in the description. In the event that the unit designation required by the specification is different than the standard package offered by a bidder, that bidder shall convert the quantities to conform to the unit set forth in the specifications. Failure to make the conversions may be cause for rejection.

Proposed prices must be firm for acceptance from July 01, 2024 through June 30, 2025, unless otherwise specified in this IFB or in the offeror’s response. The awarded vendor may only petition for an increase in the cost of materials to be effective at the time of renewal. If an event or events should occur that, through no fault of the contractor, would cause an unusual, unseasonable escalation and it would be unreasonable to wait until the next scheduled petition period for a price change, WCPSS Child Nutrition Services will listen to a request for re-pricing at a time other than set forth above. Any request for a price increase is subject to a negotiation and will be approved or disapproved on the basis of supplier invoicing as well as data provided from third party market sources. Final decision on approving or disapproving requested price increase will be made solely by the Child Nutrition Services Senior Director. Any petition for change in bid pricing needed due to unexpected market conditions must be submitted in writing to the Senior Director of Child Nutrition Services, at least thirty (30) days in advance of the proposed price change. Price adjustments will only be allowed for changes in the vendor’s cost of materials.

If during the term of the Contract, a successful offeror’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 WCPSS.

4. Product Recall - The Vendor awarded the Contract shall be expected to voluntarily comply with all Federal, State and local mandates regarding the Identification and Recall of foods from the commercial and consumer marketplace. The Vendor shall have a process in place to immediately respond to a manufacturer food recall;

the process must include accurate and timely communications to the School District and assurance that unsafe products are identified and removed from school sites in an expedient, effective and efficient manner.

The Vendor is responsible for any consequences arising from the failure to make immediate notification. A one-page summary of the Vendor’s Food Recall Policy/Procedures is required to be submitted with the Bid in

FORM M.

5. HACCP Program- Vendor must provide a letter with the offer stating that they have a HACCP program in place or documentation of manufacturing practices that follow current food safety compliance standards.

6. Country of Origin - The spreadsheet document MUST identify the Country, or Countries of Origin, (source) for each product priced. USDA regulation requires the Country, or Countries of Origin, of ALL Non-Domestic foods from the Vendor to be approved in advance by the School District CN Administrator. A space for Country-of-Origin documentation is provided on the bid spreadsheets and is required to meet the Food Safety, Recall, and Buy American federal requirement. Changes to the Country of Origin, not specified on the bid document, require notification and written approval in advance of delivery of the product to the School District.

7. Nutritional Information- Nutritional Analysis Data Sheets, including food allergen information, and CN labels (if applicable) MUST be included in each of the returned bid packets. Failure to include the requested information may result in disqualification of the bid quote for each item lacking the information.

The Healthy Hunger Free Kids Act requires that food products and ingredients must contain zero grams of trans fat per serving. Ice Cream must be compliant with “Smart Snacks” regulations. All food products listed on the bid must be accompanied by the nutrition label or manufacturers specifications in order to ensure that no products containing trans-fat are awarded. Labels must also include calories, saturated fat and sodium content per serving. If the product is a meat item and includes a minimal amount of naturally occurring trans-fat, the nutritional specifications must document the source of the trans-fat.

8. Quality – All ice cream products are to be kept at proper temperature (0°F or less) before and during delivery.

All ice cream products shall be in a firm condition upon delivery. Partially thawed or refrozen items shall not be accepted.

All products shall conform to Federal Pure Food and Drug Law. The vendor shall bear all expense associated with compliance.

All ice cream products covered by this document are to be processed and delivered under the most sanitary conditions.

All ice cream products must be marked with appropriate product identifying information as indicated on the purchase order: Size of serving, ice cream content and code dates. Utilizing only a case code date is not acceptable.

Products which are compliant with Federal “Smart Snack” rules may be provided. If a problem is found, WCPSS/CNS has the right to request an immediate pickup of the product with a full replacement or credit of the product.

9. Bid Evaluation and Award All bids received in response to this IFB which are submitted in accordance with the instructions and restrictions contained in this General Terms and Conditions document entitled “Bid Preparation and Submission Procedures” will initially be considered for award; however, initial consideration of any bid will not constitute an assessment of its meeting the necessary qualifications, and any bid may be disqualified at any time during the process of evaluating bids for failure to meet any other terms or conditions contained anywhere else in the bid request.

WCPSS reserves the right to waive any or all bid irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products offered, and may accept or reject any bids in their entirety, or may reject any part of any bid without affecting the remainder of that bid, and may award the individual items included in the bid in any combination or any way to best serve the interests of its members as it perceives those interests to be in its sole discretion.

It is not the policy of WCPSS to purchase on the basis of low bid price alone. All bid items are subject to evaluation and approval by WCPSS. In evaluating the bids received and determining the best value for , WCPSS may consider any combination of the following criteria: (1) the purchase price; (2) the reputation of the vendor and of the vendor’s goods and/or services; (3) the extent to which the goods and/or services meet the needs of WCPSS; (4) the vendor’s location, service, and delivery capabilities; (5) the vendor’s past performance with WCPSS; (6) student preferences; (7) the warranties offered and the vendor’s warranty service history; (8) the probability of continuous availability of the goods and/or services offered; (9) the impact on the ability of WCPSS to comply with any applicable laws or rules; (10) the total long-term cost to WCPSS to acquire the vendor’s goods and/or services; (11) packaging of the products and in some cases preference is given to a vendor who provides all the components relative to the complete package, and (12) any other relevant factor that a public or private entity could consider in selecting a vendor. In the case of a tie bid, preference shall be given to goods and services produced in North Carolina or provided by North Carolina persons, firms, or corporations, if such a choice is available; otherwise, the tie shall be decided by lot.

Brand names must be identified, and a USDA Grade Certificate may be requested on any or all items before or after bid opening.

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

The successful offeror(s) will be notified by “Notice(s) of Award” issued by WCPSS.

WCPSS reserves the right to require a performance bond as it is deemed necessary.

10. Invoices – Successful bidder shall be able to provide an electronic standard EDI810 file delivered to a WCPSS FTP/SFTP site/FNS folder within one year of contract start date. If the successful bidder cannot provide this capability at the start of the contract, then the bidder must provide monthly progress reports to WCPSS that indicate progression towards implementation. At such time as it has been determined by WCPSS that the successful bidder is not making reasonable progress by the end of the contract term, WCPSS reserves the right to award the contract to the next responsible bidder in lieu of a contract extension.

CONTRACT TIME PERIOD

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

This will be a one-year term contract beginning July 1, 2024 through June 30, 2025 with the option to renew for three additional years (in one-year increments). WCPSS will notify awarded Vendor(s) approximately 60 days prior to July 1, 2025 with option to renew.

ECONOMIC PRICE ADJUSTMENT

Whenever a manufacturer, packer, or supplier increases or decreases, rather than extends the cost of a product, the Vendor must solicit and document the cost from other approved sources (i.e. Recognized Market Reports, Consumer Price Index-Cost of Food Away from Home) in the same manner as for the initial Bid. The Vendor shall shop the market for “Best Buys” and maintain, and provide, upon request, documentation of such efforts on behalf of the WCPSS.

Appropriate product documentation consists of manufacturer or supplier’s invoice to Vendor (with applicable dates) showing cost increase along with a recognized marketing report verification. Annual Contract pricing increases will not take effect until the last delivery to Summer Nutrition Programs provided by WCPSS.

Product price adjustment for food, snacks, and supplies may be requested in writing sixty (60) days in advance of the effective date of February 1 of the contract year, and/or sixty (60) days in advance of the effective date of the Contract renewal with appropriate product documentation to allow for the WCPSS approval or provide opportunity to make other provisions as deemed appropriate. Appropriate product documentation consists of manufacturer or supplier’s invoice to Vendor (with applicable dates) showing cost increase along with a recognized marketing report verification. Annual Contract pricing increases will not take effect until the last delivery to Summer Nutrition Programs provided by WCPSS.

EXTENSION CLAUSE

This contract may be extended for up three additional years unless sooner terminated in accordance with the provisions of this Contract if the Vendor and the WCPSS mutually agree, no increases in costs are incurred except for the growth and the maximum allowable escalation price is capped by consumer price index increases.

DELIVERY

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

All freight, delivery, and handling charges are the responsibility of the bidder, and all bid prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery, and handling charges, including unloading and inside deliveries. The bid package includes a summary listing of the participating schools of the WCPSS.

SUBSTITUTIONS

The WCPSS will not accept any substitutes after items(s) have been awarded as specified, unless such substitutions are deemed to be in the best interest of the WCPSS Child Nutrition Services, and unless prior agreements have been reached and reduced to writing regarding such substitutions. Substituting without a 48-hour prior approval by the WCPSS designee or CNS Senior Director will constitute a breach of contract by the Vendor which may result in the initiation of actions covered in section #32 of this General Terms and Conditions document entitled “Remedies for Non- Performance of Contract, and Contract Termination” and the associated financial impacts attached thereto, and may jeopardize any future business from the WCPSS.

CHARGES FOR INCONVENIENCE

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

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

COMPLIANCE WITH CLEAN AIR AND WATER ACT

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

COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT

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

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

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

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

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

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.

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

DEVIATIONS

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

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

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

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

FIRM BID

Prices and any other entry made hereon by the bidder shall be considered firm and not subject to change or withdrawal.

WITHDRAWAL OR MODIFICATION OF BID

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

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

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

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

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

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

PRICING

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

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

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

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

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

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

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

FIRM FIXED FEE

The Fixed Fee shall encompass the costs of the product’s distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation costs.

The Fixed-Fee shall remain firm for the duration of the Contract, and for the duration of any Summer Nutrition Programs offered by WCPSS and any future Contract renewal period(s). Exceptions: Fuel Increase Force Majeure.

In the event of a substitution, the Fixed - Fee charged by the Vendor shall also apply to all other pre-approved brands in that specification and any optional brand priced or offered by the Vendor and approved by WCPSS for that bid specification.

VALUE ADDED

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

NON-COLLUSION CERTIFICATION

By signing this bid, the bidder certifies that, to the best of his/her knowledge:

a) neither the bidder nor any business entity represented by the bidder has received compensation for participation in the preparation of the item specifications or the General Terms and Conditions related to this IFB,

b) this bid or proposal has been arrived at independently and is submitted without collusion with any other bidder, 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 bidder an unfair advantage over any other bidder with respect to this bid,

c) the bidder 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 the WCPSS in connection with any information or submission related to this bid, any recommendation, 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 service related to this bid,

d) neither the bidder, 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 this State with regard to this bid, and this bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed to any other bidder, competitor, or potential competitor prior to the opening of bids or proposals for this project,

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

The person signing this bid or proposal certifies that he/she has fully informed himself/herself regarding the accuracy of the statements contained in this certification.

SUITABILITY FOR INTENDED USE

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

WARRANTY

The contractor warrants to the owner that all item(s) furnished under this specification will be new, of good material and workmanship, and agrees to replace promptly any part or parts which by reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum period of twelve (12) months from date put in operation. Such replacement shall include all parts, labor, and transportation cost to the location where item(s) are located and free of any charge to the owner or his representative.

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

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

EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCLOSURES

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

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

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

FORCE MAJEURE

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

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