ITB - RSD - Dairy 2022-2027 - Final.pdf

Dairy Products - Invitation to Bid Invitation to Bid #001

Date of Issue: August 11, 2022 Closing Date: August 29, 2022

Single Point of Contact (SPC):

Lauren Tonn

Reynolds School District 1204 NE 201st Ave.

Fairview, Oregon 97024 procurement@rsd7.net

(503) 661-7200

Nondiscrimination. The contractor agrees to comply with (a) Title IV of the Civil Rights Act of 1964, (b) Section V of the Rehabilitation Act of 1973, (c) The Americans with Disabilities Act of 1990 and ORS.659.425, (d) all regulations and administrative rules established pursuant to the foregoing laws and (e) all other applicable requirements of federal and state civil rights and rehabilitations statutes, rules and regulations

Reynolds School District – Dairy Products Bid School Year 2022-2023

1 | P a g e

INVITATION TO BID

FOR Dairy Products Notice is hereby given that the Reynolds School District, hereafter referred to as the RSD, will receive bids for fresh or frozen dairy products including and not limited to, fluid milk, sour cream, cottage cheese, cream cheese, ice cream, popsicles for 2022-2023 school year, with (4) four optional (1) one year annual renewals through the 2026-2027 school year.

Calendar of Events

Event Date Release ITB for Public Notice August 11, 2022 Bidder’s Written Questions and Requests Received

August 19, 2022

Release of Addendums to ITB August 23, 2022 Bidder Responses Due August 29, 2022 Public Opening of Bids August 29, 2022 Intent to Award September 6, 2022 Protest Period September 13, 2022 Contract Signed September 14, 2022

We will make every effort to administer the ITB process in accordance with the Calendar of Events.

However, we reserve the right to modify the ITB process and dates as deemed appropriate.

SECTION I

Instructions to Bidders:

Bidders are asked to read all instructions, specifications, and attendant information carefully and thoroughly. The Single Point of Contact (SPC) for this ITB is identified on the Cover Page, along with the SPC’s contact information. Bidders shall direct all communications related to any provision of the ITB, whether about the technical requirements of the ITB, contractual requirements, the ITB process, or any other provision only to the SPC.

An agreement will be made in writing to the most responsive and responsible bidder with the lowest price total for all items solicited. Where specified in bidding documents, factors such as discounts and transportation cost must be considered in determining which bid is lowest firm fixed price.

Quote all prices NET and Freight on Board (FOB) to the district destination. Please submit firm fixed prices for all items as given in the specifications. Bidders should indicate if the bid price quoted includes any special promotions or discount from the manufacturer of the item.

2 | P a g e

Bids will be received for consideration by the Reynolds School District until 02:00 PM, Monday, August 29, 2022. No bids will be accepted after that time and date. Electronic copies should be sent to procurement@rsd7.net, no later than 02:00 PM, Monday, August 29, 2022. No hard-copy submissions will be accepted.

The Public Bid Opening will occur via Zoom promptly at 3:00 PM PST on August 29, 2022.

Contact Lauren Tonn at procurement@rsd7.net for the link.

LATE BIDS: Bids received after the specified due date and time shall not be considered. The RSD reserves the right, at its discretion, to consider offers that have been delayed or mishandled by the

RSD.

Bidders must return all required attachments below with bid submission:

1. Section IV Proposal Submittal Form, signed and dated.

2. Section IV Questionnaire of this ITB

3. Attachment A, Certification of Non-Discrimination and Residence

4. Attachment B, Signed Signature Page certification sheet

5. Attachment C, Certification of Business Inclusion and Diversity Plan

6. Attachment D, Certificate of Federal Matters

7. Attachment E, Suspension and Debarment Certificate

8. Attachment F, Clean Air and Water Certification

9. Attachment G, Certification regarding Lobbying Disclosure of Lobbying Activities

10. Attachment H, Return Policy

11. Attachment I, Pricing Proposal Spreadsheet

12. Signed Addenda

13. References

Qualifications of Bidder will be evaluated when determining award of bid. In order to qualify for consideration, the certification and contract offer must be signed by an individual of the company who is authorized to act in that capacity before an award will be made. Failure of responsible officer of the organization to properly sign the bid will result in no consideration being given to the bid.

MODIFICATION OR WITHDRAWAL: Bidders may modify or withdraw their submitted bid only prior to the ITB due date and time. Any modification or withdrawal shall be made in writing, prepared on the Bidder’s letterhead, signed by an authorized representative of the bidder, and shall state the action requested (e.g., the modified offer supersedes the prior offer; the submitted offer is withdrawn).

Modifications or withdrawals must be submitted electronically to SPC at procurement@rsd7.net.

CHANGE, CLARIFICATION OR PROTEST: Bidders may request changes or clarification to, or protest the contract terms and conditions and/or the specifications of the ITB. Bidder’s comments must be made in writing and received by the RSD at least seven (7) calendar days prior to the ITB due date to allow enough time for issuance of an addendum, if required. Such comments shall include:

A. A detailed statement of the legal and factual grounds for the change, clarification, or protest; and mailto:procurement@rsd7.net

3 | P a g e

B. A description of the resulting prejudice to the Bidder; and C. A statement of the form of relief requested or any proposed changes to the contract terms and conditions or specifications.

All Bids are to remain valid for sixty (60) days from the due date. All envelopes containing requests or protests must be clearly marked to SPC. The SPC shall not consider a Bidder’s request for change or protest after ITB due date and time. The SPC shall provide notice to the applicable Bidder if it entirely rejects the request or protest. If the RSD agrees with the Bidder’s request or protest, in whole or in part, the RSD shall issue an addendum reflecting its determination.

ADDENDA: Changes or additions to ITB documents shall be accomplished by written addenda.

Addenda shall be issued prior to the ITB due date to allow Bidder sufficient time to consider the changes or additions in preparing their offers. The Bidder shall acknowledge receipt of all addenda issued on the appropriate submittal tab enclosed. At its discretion, the RSD may extend the ITB due date and time to allow Bidders time to analyze and adjust to any changes. The SPC shall notify Bidders of any such changes to the due date and time in the addenda. Bidders are responsible to make inquiry as to any addenda issued.

MISTAKES BY BIDDER: The RSD has the authority to waive any and all minor deviations, informalities or inadvertent nonjudgmental mistakes on any offer. Such mistakes must be a matter of form, rather than substance, which is clearly evident regarding the offer or an insignificant mistake that can be waived or corrected promptly without prejudice to other Bidders or the RSD. Errors in judgment made in an offer by a Bidders shall not be waived.

RESPONSIVE/RESPONSIBLE BIDDER: A responsive Bidder is one that conforms in all-material respects to the ITB. The RSD reserves the right to waive technicalities or minor informalities in determining a Bidder’s responsiveness. A responsible Bidder is a person or firm that has the capability in all respects to perform fully the contract requirements, as well as the tenacity, perseverance, expertise, integrity, reliability, capacity, facilities, equipment, staff, and credit that will assure good faith performance.

CLARIFICATION OF RESPONSES: RSD reserves the right to request clarification of any item in a firm’s bid or to request additional information necessary to properly evaluate a particular bid. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a bid has met minimum requirements, all requests for clarification and responses shall be provided to the SPC.

COLLUSION: A person or firm submitting a Bid hereby certifies that no officer, agent or employee of RSD has a pecuniary interest in this Bid; that the Bid is made in good faith without fraud, collusion or connection of any kind with any other Bidder and that the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

RECYCLED MATERIALS AND SUSTAINABLE PRODUCTS AND PROCESSES:

4 | P a g e

A. USE OF RECYCLED MATERIALS

Vendor shall use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

B. PREFERENCE FOR RECYCLED MATERIALS

As required by Law, the District shall prefer materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

C. SUSTAINABLE PRACTICES AND PRODUCTS

The District supports and encourages the use of sustainable products by the Vendor. To contribute to a clean environment for present and future generations, Vendor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract. Products and practices utilized by the Vendor shall be based upon long-term environmental impact, social costs, and operational costs.

CONFIDENTIALITY: The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). The District will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

a. It shall be clearly marked in bulk and on each page of the confidential document.

b. It shall be kept separate from the other ITB documents in a separate envelope or package.

c. Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

d. Where such conflict (in c above) occurs, the Bidder is instructed to respond with the following: “Refer to confidential information enclosed.”

e. This statement (in d. above) shall be inserted in the place where the requested information was to have been placed.

Bidders who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire ITB cannot be marked confidential, nor, shall any pricing. Should an ITB be submitted in this manner, no portion of it can be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

Notwithstanding the above procedures, the RSD reserves the right to disclose information that the RSD determines, in its sole discretion, is not exempt from disclosure or that the RSD is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the RSD will notify the Bidder. If the Bidder disagrees with the RSD’s decision, the RSD may, but is not required to enter into an agreement not to disclose the information so long as the

5 | P a g e

Bidder bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

METHOD OF AWARD:

A. The contents of the ITB of the successful Bidder will become contractual obligations if an award is made. Failure of the successful Proposer to accept any contractual obligations may result in cancellation of the award.

B. A contract shall be awarded only to responsible bidders that submits the best-fixed price for all items with most responsive bid which meets and complies with all solicitation requirements as determined by the specification document, provided that the bid is reasonable, and it is in the best interest of the RSD member districts to accept it.

C. A Notice of Intent to Award (NIA) will be published after the bid evaluation process is complete.

Public notice of award will be made by posting the NIA on the Reynolds School District website.

AGGRIEVED BIDDERS: Any adversely affected Bidder may submit a written protest of the RSD’s Notice of Intent to Award (NIA). Protest(s) must be received no later than 12:00 noon on the seventh (7th) calendar day after the NIA is published.

A. A Bidder is only adversely affected if the Bidder is eligible for award of the contract. The protesting Bidder must claim that the selected Bidder is ineligible for award:

1. Because their offer was non-responsive; or

2. The RSD committed a substantial violation of a provision in the ITB document or of an applicable administrative rule and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the selected Bidder.

B. The written protest must include the name of the person submitting the protest, the name of the Bidder represented by that person, the specific ITB including the solicitation number that is being appealed, and a detailed explanation of the reasons (facts of evidence) for the appeal.

C. RSD shall not consider a protest that is submitted after the established time period.

D. The aggrieved Bidder must serve all other Bidder with notice of its appeal to allow for rebuttal.

E. Failure to give written notice of appeal to the RSD as provided herein constitutes a waiver by the aggrieved Bidder of any objections to the NIA.

F. Disagreement with the bidding process is not justification for appeal.

G. Protest Decision: Upon receipt of any appeal, the SPC or designee shall review the protest and submit a written decision to the protester within fourteen (14) calendar days of the date of receipt of the protest. The affected Bidder must take further protest to the RSD Board. The aggrieved Bidder must notify the SPC in writing before such action is taken.

PRICES: Prices quoted must be exclusive of federal, state, and local taxes. If the Bidder believes that certain taxes are payable by the member School District, the Bidder may list such taxes separately, directly below the unit prices for the affected item.

PROPOSAL PREPARATION COSTS: RSD is not liable for any costs incurred by the Bidder in preparation of the Bid.

6 | P a g e

SAFETY: The vendor shall comply with all application provisions of the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708) throughout the duration of this agreement

SECTION II

General Terms and Conditions:

ACCEPTANCE: Signature on an agreement shall constitute acceptance of the offer including all the terms and conditions specified in the solicitation. Receipt of a fully executed agreement shall cause initiation of performance by the Vendor. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Vendor are rejected unless expressly agreed to in writing by an authorized representative of RSD.

All Vendors are required to comply with the provisions of Federal and State statues, regulations, and provisions for the award. Attention is directed to 2 CFR 200 subpart D and Appendix II, 7 CFR 210.21, ORS 244. Government Ethics; ORS 279 Public Contracts and Purchasing; ORS chapter 125, Division 300 to 360 Public Contract Exemptions; and State of Oregon Department of Justice Attorney Generals Model Public Contract Rules manual. Bidders must clearly indicate resident or non-resident status as required in ORS 279A.120(1).

Pursuant to ORS 279B.100, RSD reserves the right to reject any bid not in compliance with prescribed public bidding procedures and requirements and may reject all bids if it is in the public interest to do

so. RSD expressly reserve the following rights:

(1) to select or reject any and/or all bids or portions thereof,

(2) to waive any and/or all irregularities in the bids submitted,

(3) to reject any bids not in compliance with all prescribed public bidding procedures and requirements,

(4) to consider the competency and responsibility of bidders in making any award,

(5) to reject any and/or all bids not meeting the specifications set forth herein.

(6) to award the contract by lot or by individual item as the RSD deems appropriate, unless otherwise specified,

(7) to make the award based on their best judgment as to which merchandise or services comply with the specifications,

(8) to increase or decrease specified quantities by 15% on any item listed herein with the understanding that bid price per unit will apply on revised quantity.

ASSIGNMENT: This agreement or any interest hereunder shall not be assigned or transferred by the Vendor without the prior written consent of the RSD.

No alteration in any of the terms, conditions, delivery, quality, quantity, or specifications will be effective without the prior written consent of the RSD. No charges will be allowed for handling which includes but not limited to, packing, wrapping, bags, containers, or reels, etc., unless specifically stated.

7 | P a g e

Prices quoted should not include federal excise or transportation taxes, nor state or sales taxes as the RSD is exempt from such taxes. Federal excise exemption certificate will be furnished if required.

The vendor warrants all articles supplied under this contract to conform to specifications herein, to be fit and sufficient for the purpose manufactured, merchantable, of good material and workmanship, and free from defects

Modification of Contracted Product Lists to Acquire Additional Goods or Increase Quantities of Listed Goods: During the term(s) of a contract awarded under this solicitation, additional purchases not included in this solicitation list and resulting awarded contract may become necessary and benefit the Program. Both parties agree that the aggregate value of added purchases during each year of the contract, if renewable, shall not exceed 10 % of the estimated total value of the contract. The total value of the contract must be agreed upon and the dollar value listed in every contract and contract renewal. Such additions may be included in the awarded contract list during the contract renewal through a contract amendment, and the total contract value adjusted accordingly. For each contract renewal, the total actual value of the contract in the preceding year and the additions made during the contract term, will be the basis for determining the maximum dollar amount not to exceed 10% of additional goods that will be allowed during the next contract renewal year

BUY AMERICAN PREFERANCE: Vendor shall purchase for resale through the Agreement, to the maximum extent practicable, domestic Food Service Products and shall comply, as applicable, and shall cause each of its sub-vendors to comply, with the applicable requirements and responsibilities set forth in the Buy American code of federal regulations 7 CFR 210.21(d) and 7 CFR 220.16(d).

Domestic Food Service Products mean:

1. An agricultural commodity that is produced in the United States, and;

2. A Food Service Product that is processed in the United States substantially using agricultural commodities that are produced in the United States

•As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR Part 210.21(d).

• RSD participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d).

• Substantially means over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically.

• Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted in writing to a designated official, a minimum of 10 days in advance of delivery.

The request must include the:

8 | P a g e

(a) Alternative substitute (s) that are domestic and meet the required specifications:

(I) Price of the domestic food alternative substitute (s); and (II) Availability of the domestic alternative substitute (s) in relation to the quantity ordered

(b) Reason for exception: limited/lack of availability or price (include price):

(I) Price of the domestic food product; and (II) Price of the non-domestic product that meets the required specification of the domestic product.

Vendor will provide the district with point of origin for all products and alert the district if product cannot reasonably be provided domestically due to lack of availability or without a significant price increase.

SMALL, MINORITY, AND WOMEN BUSINESS: Pursuant to 2 CFR 200.321 and Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, RSD encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. RSD also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit http://www.oregon4biz.com/How-We-Can-Help/COBID/ If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Plan (Attachment C) prior to execution.

NON-DISCRIMINATION: The Vendor shall comply with the applicable provisions of the Federal Civil Rights Act of 1964 and all Amendments thereto and the Equal Employment Opportunity Act and all amendments thereto, the RSD’s administrative regulations, and all regulations issued hereunder by the Federal and State governments. If the Vendor fails to comply with such acts and regulations, the RSD shall have the right to immediately terminate this Agreement.

EQUAL OPPORTUNITY: 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 DAS (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:

http://www.oregon4biz.com/How-We-Can-Help/COBID/

9 | P a g e

(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.

TERMINATION FOR CONVENIENCE: RSD may terminate a contract, in whole or in part without showing cause upon giving written notice to the Vendor. RSD shall pay all reasonable costs incurred by the Vendor up to the date of termination. The Vendor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination.

TERMINATION FOR DEFAULT:

A. The RSD may, at its option, terminate or cancel an agreement, for any material violation of the provisions of the Agreement. Such provisions generally include, but are not limited to:

1. Standard terms and conditions included in all Contracts

2. Product or service Specifications

3. Delivery or completion requirements; or

4. Pricing and price escalation/de-escalation clauses

B. The RSD’s termination of an agreement or of a Vendor’s performance shall not restrict or abrogate any other remedy available to the RSD that is provided either by law or under the Agreement, unless other remedies are expressly limited by the terms of the Agreement.

C. Unless otherwise agreed upon in the Agreement, the RSD board will provide the Vendor Written notice of its intent to terminate the Agreement or the Vendor’s performance. If the Vendor provided a performance and payment bond, the surety shall also be provided with a copy of the notice of termination. Unless otherwise provided in the Agreement, the notice shall include:

1. The effective date of termination (which may be the date of notice receipt);

2. The grounds for termination,

3. Notice of the time (if any) in which the RSD will permit the Vendor to correct the failure to perform.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT:

Vendor’s submitting bids must agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

DEBARMENT AND SUSPENSION:

mailto:program.intake@usda.gov

10 | P a g e

RSD will not make a contract award (see 2 CFR 180.220) to parties listed on the government wide exclusions in the System for Award Management (SAM). All bidders must complete and submit a debarment and suspension certification with their bids and all contract renewals.

BYRD ANTI-LOBBYING AMENDMENT:

All Bidders must complete and submit the required certification with their bid that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

INDEMNIFICATION: Except for claims arising out of acts caused by the sole negligence of the RSD, the Vendor, and employees of such, agrees to indemnify and hold harmless RSD, and its employees, from acts or omissions of any nature whatsoever of the Vendor, its agents, servants, and employees, causing injury to, or death of person (s) or damage to property arising out of services provided and from any expense incident to the defense of RSD there from. The Vendor agrees to hold the RSD harmless from and to defend it against, any and all claims arising out of this Agreement.

DELAYS: The Vendor shall not be liable for any delays in delivery caused by circumstances beyond its control including acts of God or of the public enemy, acts of the United States Government, fire, floods, epidemics, quarantine restrictions, strikes, or embargoes. When any delays in delivery will occur or are anticipated the Vendor should immediately give notice thereof to the member School District.

NEGOTIATION WITH AWARDED VENDOR: The RSD reserves the right to negotiate final contract terms with the awarded Vendor to the fullest extent allowed by law and as in the best interest of member districts.

COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Vendor shall comply with all applicable Federal, State and Local laws and ordinances and all lawful orders, rules and regulations hereunder, including the applicable provisions of the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Federal Civil Rights Act of 1964, the Equal Employment Opportunity Act, and all regulations and standards and any amendments issued pursuant thereto. RSD shall have the right to immediately terminate this agreement if the Vendor fails to comply with such acts and regulations.

IDENTIFICATION OF VENDOR’S EMPLOYEES: The Vendor shall be responsible for furnishing to each employee and for requiring each employee engaged with member district to display such identification.

BACKGROUND CHECKS: All company personnel that will be on member districts school premises shall agree to a thorough background check, and possible random re-check. Vendor will provide the member districts with a list of all company personnel that will be on-site and will update/notify district member’s nutrition services department five days prior to new employees visiting sites.

11 | P a g e

VENDOR’S TAX ID NUMBER: If goods or services procured through the ITB must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the member districts before payment will be made. Awarded Vendor must complete a W9 form.

INSURANCE: Before commencing work, Vendor shall procure and maintain insurance with an insurance carrier satisfactory to the RSD. Certificates of such insurance issued by the Vendor’s insurance carrier shall be filed with RSD before commencement of work. RSD shall be additionally insured on auto and liability policies:

A. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY: As required by statute.

B. COMPREHENSIVE AUTOMOBILE LIABILITY including owned, non-owned and hired vehicles:

$2,000,000.00 Combined Single Limit Bodily Injury and Property Damage any one occurrence and in the aggregate.

C. COMMERCIAL GENERAL LIABILITY to include premises operations, independent Vendors, products/completed operations, and blanket contractual: $2,000,000.00 Combined Single Limit Bodily Injury, Property Damage, and personal injury-any one occurrence and with an annual aggregate limit of $4,000,000.00.

D. PROFESSIONAL LIABILITY INSURANCE covering errors and omissions of Vendor and employees with a limit of $2,000,000.00 per occurrence and with an annual aggregate limit of $4,000,000.00.

E. Certificates of Insurance shall be issued to:

Lauren Tonn Reynolds School District 1204 NE 201st Ave.

Fairview, OR 97024

F. The Vendor agrees to pay for the insurance specified and agrees to provide the District with a thirty (30) day notice of cancellation if non-renewal occurs during the agreement period.

CHANGES: RSD, at any time, and from time to time by written order from the District’s Purchasing Department to the Vendor, may make changes in any one or more of the following:

(a) method of shipment or packing; and

(b) time and/or place of delivery, including adding or changing delivery locations and to increase or decrease the number of deliveries to delivery locations; and

(c) the quantity of items ordered. If such change causes an increase or decrease in the price of the order or the time required to perform, an equitable adjustment shall be made and the order modified in writing accordingly. Any claim by the Vendor hereunder must be asserted in writing within fifteen (15) days from the date the change is ordered. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the District, except when confirmed in writing by the SPC.

12 | P a g e

SECTION III

Special Terms and Conditions

SCOPE: Reynolds School District is seeking bidders to provide Dairy Products, including liquid milk, lactose free liquid milk and sour cream products. The objective is to minimize costs while providing flexibility and productivity to our School District.

BACKGROUND: RSD is a Public School District that operates 17 school sites.

CONTRACT PERIOD: The contract period shall be from July 1, 2022 through June 30, 2023. The initial contract is for a one-year period with the option of four one-year renewals.

RENEWAL OPTION: This contract may be renewed upon mutual agreement of Reynolds School District and the Vendor for four (4) additional one (1) year periods (up to June 30, 2027).

SERVICES REQUESTED:

A. The Vendor must have the following:

1. Delivery and Sales representative that will be assigned to RSD.

2. Fully trained delivery and sales representative in sufficient number to guarantee acceptable service response.

3. Regular office hours compatible with the district’s normal 8-5, Monday through Friday workweek.

4. Access to sufficient trucks, delivery hardware, and product to service these accounts.

B. The Vendor must:

1. Be a dairy distributor with five years’ experience.

2. Offer prompt, courteous and responsive delivery service.

3. Act as a resource for coordinating timely delivery schedules.

4. Provide new marketing and product information, as they become available on the market.

5. Be able to make deliveries before 7 AM.

6. Be able to deliver to all school and support locations throughout the RSD.

C. The Vendor must provide a list of user references that have similar delivery service contracts.

TERMS:

A. All bids shall be for merchandise delivered F.O.B. destination.

B. All shipping/handling charges are to be included in bid amount.

C. Terms are net 30 from the end of the month in which all the purchases for the month are collated and summarized into a statement. Payment will be made within 30 days after receipt of both product and invoice, from whichever date is later. Receiving records and invoices must match exactly before payment will be processed. Invoices must be mailed or e-mailed by the 5th of the month following services.

13 | P a g e

D. All costs and/or charges must be clearly identified in the bid document submittals E. Any rebate or savings that the vendor receives must be passed on to the RSD.

PROPOSAL REQUIREMENTS: It is the intent of the RSD to review and accept bids from qualified vendors that can provide the products, specified service and meets all other conditions addressed throughout this document. RSD intends to enter into an agreement with the successful bidders based on the terms and conditions contained herein.

OBJECTIVE: The objective of the RSD Price Agreement is:

A. Minimizes product costs.

B. Includes delivery requirements.

C. Maintains product quality throughout the agreement period.

D. Includes service requirements of all products available.

E. Allows flexibility in order placement.

F. Defines the time frame.

G. Gives price stability for budget planning.

H. Considers total cost for district.

PRODUCTS: Are to be furnished and delivered in accordance with the following:

Products must be processed in accordance with standards of best commercial practice. All products must be labeled with:

1. Product Name

2. Product number (if applicable)

3. Finished product net weight

4. Expiration Date

5. Items produced or grown in Oregon must be indicated as such

Product Quality: All products sold to RSD shall be warranted and guaranteed to be merchantable by the Vendor and fit for the purpose for which it is intended. Products shall have a minimum of 95% left on the “sell by”, “freshness date”, or “pull date” at time of delivery. “Pull date” is the end of the shelf life for purposes of this proposal.

Products shall arrive from suppliers that have passed a third party audit verification of GAP (USDA Good Agricultural Practices) and/or GHP (USDA Good Handling Practices).

Deviations from specifications: If there is any deviation in the pack, source, quality, etc. of an item requested, from that prescribed in the specifications, the difference must be clearly indicated and approved by RSD. During the term of the contract, Vendor must adhere to the pack and size specifications.

Packaging and Labeling: All products shall be packed and prepared under sanitary conditions and in accordance with good commercial practice. All packaging shall be wholesome, safe and in sanitary condition. Cartons and carriers used to transport products from the Vendor’s plant shall be clean and

14 | P a g e sanitary at all times. Labeling of all containers shall comply with Federal Food, Drug and Cosmetic Acts and related legislation including latest revisions. Packaging must be in accordance with good commercial practice. Package size to be manufacturer’s standard unless otherwise specified.

Proposers are advised to make notations for items found on Pricing Attachment which have had packaging changes by the producer and price accordingly. Failure to make notation will be construed as merchandise being furnished as specified. Each shipping container shall be labeled legibly to show:

1. Name of product contained

2. Item number

3. Product number

4. Net Weight

5. Plant number

6. Name, address and date packed (month, day, year)

7. Best Used By/Expiration Date

8. Chilled products shall be marked “Keep Under Refrigeration”

9. “ROOM TEMPERATURE” held products shall be labeled as such

10. Labels shall display clearly the Port of Origin and Country of Origin.

Vendor will provide split cases as requested by the District. No case split fees shall apply as a result of this request.

VENDOR DELIVERABLES AND RESPONSBILITIES:

Delivery and Performance Schedule Vendor must meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that RSD are purchasing.

The Vendor shall make delivery to RSD as requested throughout the school year. Deliveries shall be made as needed and within the timeframe requested for each school. Delivery charges are (F.O.B.)

and must be included in the Bidder’s pricing.

General Delivery Requirements:

Vendor shall meet the following conditions:

Provide packing slips with each shipment identifying items ordered by the member districts. Packing slip will include item number(s), quantity ordered, purchase order, master PO number and associated invoice numbers.

All deliveries shall be organized for easy off loading and receipting.

Delivery schedule and frequency will be determined by the member district to assure proper inspections. Delivery schedule can be amended to allow additional delivery sites and times as required by the member district. No dark stops allowed.

Expected delivery sites:

DAIRY PRODUCTS DELIVERY SITES

15 | P a g e

Building Delivery Address Delivery Time

– Earliest

Someone Is on Site to Receive

Cook Manager

Alder Elementary 17200 SE Alder St.

Portland, OR 97233

7:15 am Jeff Walter

(503) 491-2722 x4836

Davis Elementary 19501 NE Davis St.

Portland, OR 97230

7:15 am Rikka Witham

(503) 665-9193 x 1647

Fairview Elementary 225 Main St.

Fairview, OR 97024

6:45 am Yvonne Rust

(503) 667-2954 x 4137

Glenfair Elementary 15300 NE Glisan St.

Portland, OR 97230

7:15 am Megan Aldrich

(503) 491-2720 x 4930

Hartley Elementary 701 NE 185th Place Portland, OR 97230

6:15 am Annette Stamm

(503) 665-0134 x 1433

Margaret Scott Elementary

14700 NE Sacramento St.

Portland, OR 97230

7:15 am Jayme Hayes

(503) 491-2721 x 4425

Rockwood Prep Academy

740 SE 182nd Ave.

Portland, OR 97233

6:00 am Shelley Pollack

(503) 907-1023

Salish Ponds Elementary 1210 NE 201st Ave.

Fairview, OR 97024

6:45 am Wendy Wierschke

(503) 491-7260 x 3035

Sweetbriar Elementary 501 SE Sweetbriar Lane Troutdale, OR 97060

7:15 am Patti Leisy

(503) 666-9441 x 2126

Troutdale Elementary 648 SE Harlow Ave.

Troutdale, OR 97060

7:15 am Sonya Vanhook

(503) 665-4182 x 2225

Wilkes Elementary 17020 NE Wilkes Rd.

Portland, OR 97230

6:15 am Donna Crompton

(503) 491-2724 x 4631

Woodland Elementary 21607 NE Glisan St.

Fairview, OR 97024

6:45 am Crystal Pardue

(503) 674-8188 x 1562

Lee Middle 1121 NE 172nd Ave.

Portland, OR 97230

5:30 am TBD

(503) 491-2723 x 4073

Reynolds Middle 1200 NE 201st Ave.

Fairview, OR 97024

5:30 am Rhonda Bates

(503) 665-8166 x 3513

Walt Morey Middle 2801 SW Lucas Ave.

Troutdale, OR 97060

5:30 am Jolene Lange

(503) 491-1935 x 1784

Reynolds High 1698 SW Cherry Park Road Troutdale, OR 97060

5:30 am Jessica Dorotiss

(503) 667-3186 x 1144

1. Deliveries will be accomplished by 10:30 AM at each of the supplied addresses unless both parties mutually agree to a different time.

2. Delivery shall be twice a week unless both parties mutually agree on a different frequency.

3. Describe order process and lead time needed. Please include whether or not on-line ordering is available.

4. Additional items available: Bidder to attach product list, Specifications, Nutritional Labels including pack size and pricing.

16 | P a g e

Products that do not meet District or HACCP Specifications may be rejected and replacement of the rejected products shall occur within 24 hours of the delivery date at no cost to the member District.

Refrigeration/Climate Control:

Product temperature FOR EACH LINE ITEM must be maintained at a suitable temperature to maintain freshness, quality, shelf life and nutritional value. Product shall be transported in a climate-controlled container regulated to keep the item(s) in good condition and in accordance with the current US Department of Agriculture guidelines and food handling practices during all stages of processing, distribution and storage.

Transportation of refrigerated/ frozen products shall be made in clean mechanically refrigerated trucks with the refrigeration equipment operating and the interior of the refrigeration unit not to exceed recommended temperature.

Delivery Delays:

If delivery delays are foreseen the member district must be notified within 24 hours of Vendor’s knowledge of such delay. Vendor shall keep the member district advised of the status of deliveries.

Failure to meet delivery dates may constitute a breach of Contract by Vendor which may subject Vendor to termination under terms and conditions of the resultant Contract.

In the event of default by the Vendor of their obligations, the District reserves the right to obtain the required products elsewhere. Vendor would be responsible for any differences in price for the replacement products.

Holidays/School Closures:

In the event of a school holiday or schools are closed for inclement weather, then deliveries will be made the next day that the schools are open, or deliveries will be coordinated between member district and Vendor.

Product Recall:

If a product recall is instituted on an item that has been delivered, the Vendor will immediately notify the member district within 24 hours. The Vendor will be responsible for all costs associated with replacement product, shipping charges, and/or product credit.

If at any time it is determined that the health and/or safety of the customers at the member district are affected by the usage of this product, the Vendor and/or Vendor’s processor must and will assume full liability.

Food Safety Testing:

RSD reserves the right to submit a sample of any product to an independent laboratory for analysis as listed for each product. Testing of perishable products may include monitoring acceptable chemical levels and maximum bacteria levels on designated products. Random sample testing may be performed during the resultant contract as required by the member districts. Such analysis is to be paid for by the district if the product meets the specifications. If the product fails to meet specification analysis, Vendor will be billed for the analysis by the laboratory and shall pay all such billings within thirty (30) days. Additionally, the Vendor shall immediately replace or refund the district for all remaining affected product within five (5) working days of notification. Vendor will be responsible for

17 | P a g e all shipping, disposal, return, and restocking fees. The district reserves the right to have non-compliant products shipped to and stored in commercial storage facilities at the Vendor’s expense if the five (5) working day deadline is not met.

Failure of the product to meet specifications and acceptable chemical and bacterial levels may be considered a breach of Contract and addressed as stated in the Contract terms and conditions.

All noncompliant products at the time of analysis must be picked up and a refund issued to the District within 48 hours.

Food Security Preventive Measures:

Food Security Preventive Measures shall be employed by the selected Vendor to minimize the risk that food under their control is subject to tampering or criminal or terrorist actions.

It is understood that unless specifically approved by the member district, all products furnished by Vendor shall be maintained in facilities owned and operated by the Vendor, during the term of any resultant Contract.

Food Safety:

The Vendor’s premises, equipment, supplies and warehouse facilities shall be maintained, throughout the life of the contract, in conditions satisfactory to the member districts and in compliance with the State of Oregon Health and Sanitation Code. The Vendor shall adhere to the highest standards of cleanliness and sanitary practices, including the food distributor’s employee’s appearance and performance in the preparation, service, transportation, and storage of food and related items.

The Vendor’s facility shall be subject to inspection at all times. If in the opinion of the member district sanitary conditions are unsatisfactory, this may be considered a breach of Contract and shall be addressed as stated in the Contract terms and conditions. Any losses incurred by the District as a result of such a termination shall be charged against the Vendor

Inspection:

Delivery of items that do not meet all requirements will be rejected. Rejected items shall be removed and replaced promptly by the Vendor at no cost to the member district.

PRICING:

All pricing submittals shall be entered into the Price Bid Spreadsheet.

RSD is asking for a firm fixed price for all items based on the USDA AMS Federal Milk Order for the Pacific Northwest http://www.fmmaseattle.com/classcomponent.html. Please include domestic and non-domestic item pricing for all items if available.

The firm fixed price will be subject to a monthly escalator/de-escalator provision, based on the USDA AMS Federal Milk Order for the Pacific Northwest http://www.fmmaseattle.com/classcomponent.html.

Use the monthly price listing (provide copy monthly to the SPC) for the 1 month periods from July 2022 to June 2023.

Discount Payment Terms:

Proposer may indicate any discounts proposed for early payment.

http://www.fmmaseattle.com/classcomponent.html http://www.fmmaseattle.com/classcomponent.html

18 | P a g e

Estimated Purchase Quantities:

The volume of service indicated is an estimate of anticipated one-year purchases and are offered solely for the purpose of bid submission and evaluation. The estimates provided are based on the previous year purchases. Larger or smaller volume may be purchased, and there is no guarantee of purchases as a result of this solicitation.

Description Unit Size Est. QTY Required

1 Milk, 1% carton 8oz 398,773 each 2 Milk, non-fat carton 8oz 30,650 each 3 Milk, Chocolate non-fat carton 8oz 582,266 each

4 Milk, 1% ½ gallon 50 each 5 Milk, Dairy-Free

Alternatives (Lactose free 1% Soy, Almond, Coconut, Etc.)

Almond 18/8oz Soy 24/8oz

Apple 100% Juice 4oz Case (40/4oz) 2727 cases

Orange 100% Juice 4oz Case (40/4oz) 698 cases

Grape 100% Juice 4oz No History Sour Cream 2/5# 30 Cottage Cheese 2/5# 30 Any Oregon Processed or

Grown Items Itemize Itemize

SECTION IV

Bid Submittal Procedures

Bid Deadline:

19 | P a g e

Sealed Bids will be accepted until 02:00 P.M. local time August 29, 2022. Submit electronically to procurement@rsd7.net. The subject line should be labeled “Invitation to Bid – Dairy Products”. All bids received after the date and time indicated above shall be rejected. No more than one bid may be submitted by each proposing firm.

Restrictions on RSD Contact:

From the issue date of this ITB until the award of the agreement, all contact with RSD concerning the ITB must go through the SPC: Lauren Tonn, ltonn@rsd7.net.

Right to Reject Proposals:

RSD reserves the right to retain all bids submitted and to use any ideas in a bid regardless of whether that bid is selected. Submission of a bid indicates acceptance by the firm of the conditions contained in this ITB unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the District and the awarded firm. We reserve the right without prejudice to reject any and all bids.

Cost of Preparing a Bid:

The ITB does not commit RSD to paying any costs incurred by any Bidder in the submission or presentation of a Bid, or in making the necessary studies for the preparation thereof.

BID CONTENT AND FORMAT:

To simplify and expedite the review process, RSD requests that candidates prepare bids in the standard format specified below:

Title Page Proposer should identify the ITB subject, name of the firm, local address, telephone number, fax number, name and title of contact person, date of submission, and period for which the Bid is effective (non-rescindable).

Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted.

Transmittal Letter The transmittal letter should be not more than two pages long and should include as a minimum the following:

a) A brief statement of the Bidder's understanding of the objective of the services to be performed;

b) A positive commitment to perform the services within the time period specified;

c) The names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the…