Haywood County Schools

1233 North Main Street

Waynesville, NC 28786

828 456 2400

HAYWOOD COUNTY SCHOOLS

SCHOOL NUTRITION SERVICES

INVITATION FOR BID (IFB)

Date IFB Issued:

May 18, 2026

Description:

Haywood County School Nutrition has issued this Invitation for Bid (IFB) with the goal of entering into a contract to procure local ground beef for the Federally funded School Nutrition Programs in the following districts of the Western Co-op: Buncombe, Caldwell, Haywood, and Henderson Counties (herein after referred to as Districts).

Date Bid Opens:

Thursday, June 4, 2026

Time Bid Opens:

2:00 Deliver Bids to:

Alison Francis

5855 Crabtree Rd.

Clyde, NC 28721 Instructions:

Deliver one of the complete bids, all with original signatures, in a sealed envelope labeled as follows:

Local Ground Beef IFB

Opening on Thursday, June 4, 2026, at 2 pm

Name and Title of person authorized to sign the Bid documents

The complete Bid must include the original IFB/Contract, the Vendor’s complete Bid Specification Spreadsheet(s), Attachments A – J, any Special Conditions, and any Memoranda that may be issued after the issuance of this IFB.

The Vendor is responsible for delivering the sealed Bid in a sealed envelope to the correct location, and before 2:00 p.m., as evidenced by a bid sign-in sheet at the time of opening, or if the bid is received by mail, the bid will be time-stamped and dated when received at Haywood County Schools.

**Notice to Bidders:**

Sealed bids will be accepted at this location until the specified date and time, after which they will be publicly opened. Please note that no decisions regarding the award of bids will be made at the time of the opening. Bids submitted after the deadline will not be considered.

The Districts reserve the right to maintain all bids for a period of sixty (60) days and to reject any and all bids. They may also waive any informalities or irregularities in the bids received.

Contract Period:

July 1, 2026, to June 30, 2027. An extension clause is included in Section

20.2.

Type of Contract:

Firm price

Method of Award.

Bottomline Firm Price Discussions/Negotiations

By submitting a bid, the Vendor agrees that, from the time the bid is issued until the notification of intent to award the Contract, they will discuss this procurement only with Alison Francis. We reserve the right to reject any and all bids and to cancel this solicitation if it is in the best interest of the Districts. The Districts will not be responsible for any expenses incurred in the preparation or presentation of the Vendor’s response to this solicitation.

The Districts reserve the right, at any time after the bids are opened and before an award is made, to request clarification from any Vendor, address technical questions, or seek additional information regarding the Vendor's bid. This process may be used to help clarify the bid, ensure mutual understanding, and determine the Vendor's responsiveness or responsibility.

This solicitation aims to promote competition. If any language, specifications, terms, conditions, or any combination thereof restricts the requirements in this solicitation to a single source, it is the responsibility of the interested Vendor to notify Alison Francis at Haywood County Public Schools in writing at afrancis@haywood.k12.nc.us within five (5) working days after the issuance of the IFB by Haywood County Schools. While the solicitation may be changed, we will review such notifications before awarding a contract.

INQUIRIES ABOUT THE IFB

Any inquiries, disputes, or requests for interpretation, clarification, or additional information related to the Invitation for Bids (IFB) must be submitted in writing to Alison Francis at afrancis@haywood.k12.nc.us on behalf of the school district. These requests should be received no later than five (5) working days before the bid opening date. We will provide a written response. Only written addenda will be the official method for delivering interpretation, clarification, or additional information. Once issued, all addenda will become part of this IFB. All addenda will be sent electronically to each vendor known to have received the initial IFB. However, it is the vendor's responsibility to contact Alison Francis at afrancis@haywood.k12.nc.us before the bid opening to confirm whether any additional addenda have been issued.

ACCEPTANCE OF BID AND AWARD OF CONTRACT

If the Vendor’s Bid is accepted by the school district, an authorized representative shall affix their signature hereto, and collectively this IFB and the Vendor’s Bid shall become the Contract and shall represent the entire agreement between the Districts and the Vendor. The sections outlined in the General Terms and Conditions of the IFB/Contract are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document.

The term “Contract,” as used in this document, means the comprehensive collection of:

1. The IFB, including Product Specifications (paper and electronic copies) and any subsequent additions to the Product Specifications by the school districts;

2. Any and all Addenda or special written provisions specified by the school district;

3. The Vendor’s Bid Certification, which must be completed, signed by an authorized representative of the Vendor, and returned with the Vendor’s response, along with this ENTIRE document and all Attachments included with this IFB; and the

4. Notice of Award document from Alison Francis to the selected Vendor and put into effect by the issuance of a Purchase Order(s) signed by an authorized representative of each School District after the Contract is awarded.

Note: Addenda added by vendors will not be allowed.

FEDERAL PROGRAM REGULATIONS

The School Nutrition Programs receiving goods and services under this Contract are Federally-funded programs operated under the authority of the United States Department of Agriculture (USDA). This IFB and the subsequent Contract shall comply with 7 CFR Parts 210, 220, 225, 250, 3015, and 3016 and applicable cost circulars issued by the Office of Management and Budget (OMB), including A-87 Cost Principals, A -102 Administrative Requirements, and A -133 Audit Requirements.

In compliance with this IFB, and subject to all conditions required herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set correlating to each item, within the time specified. By responding to this IFB, the Vendor certifies that the Bid is made without prior understanding, agreement, or connection with any firm, corporation, or person submitting a Bid for the same items, and is in all respects fair and without collusion or fraud. The Vendor also certifies that no one associated with this company has been involved in the development or drafting of this IFB. Under penalty of perjury, the undersigned Vendor certifies that this Bid has not been arrived at collusively or otherwise in violation of Federal or State (North Carolina) laws or regulations.

By signing this Bid Certification, the individual whose name is shown below assures that the Vendor has read and understands all the General Terms and Conditions in this document and agrees to be bound by them, and is authorized to submit Bids on behalf of the Vendor. The Bid submitted by the Vendor conforms to all specifications, the General Terms and Conditions, and any other instructions, requirements, or schedules outlined or included in this IFB/Contract.

Print Name of Person Authorized to Sign Bid Signature of Person Authorized to Sign Bid Print Name of Vendor/Company/Organization Date

SPECIFICS FOR THE

LOCAL GROUND BEEF IFB

To Whom It May Concern:

Haywood County Schools, in collaboration with the Districts' Buncombe County Schools, Caldwell County Schools, and Henderson County Schools in North Carolina, are requesting bids for Local Ground Beef. Please use the enclosed form to submit your bids for the supply period from July 1, 2026, to June 30, 2027.

1. The enclosed bid form outlines the estimated quantities needed for one school year. Please note that any awards resulting from this invitation to bid will not obligate the Districts to accept any quantities beyond their actual needs. It is expected that the quantities indicated will not vary more than 15% above or below the estimates. All bids must include all costs related to transportation and delivery.

2. If the company requests that an employee stay after 2:00 p.m. to receive delivery, and overtime is incurred, the company will be required to pay the employee 1 ½ times their normal salary. If an employee cannot remain at the delivery site after 2:00 pm., the company will have to make other arrangements to deliver the items before lunch the next day.

3. Company labels must accurately represent the quality specified. Most bid items will require additional information from each vendor before the lowest bid can be determined. Any items listed that lack complete information, such as counts or packaging details, will not be considered for the award. It is understood that all bid prices must remain firm throughout the entire bid period. Any exceptions to the terms or conditions must be clearly stated in writing and attached to the bid form upon its return.

4. The company that is awarded the bid must provide a product nutrient information sheet for all items, as well as other select items, as requested by the Districts. The information sheets should be provided within 30 days of the bid being awarded.

5. An extension of up to four years will be considered at the end of each school year. Prices will be requested, and service will be considered before a determination is made. Bid prices will be expected for all items added from the previous year. All terms of the bid will apply to the new-year contract unless the terms are in writing and signed by the participating districts. If prices change, documentation must be provided to explain the change. Price changes will be limited to increases in manufacturer prices to the distributor or to documented economic conditions that greatly impact production or distribution.

6. The timetable for this bid is as follows:

Monday, May 18, 2026 -- Bid packets emailed to companies

Thursday, June 4, 2026 -- Bid form required by 2:00 p.m.

Tuesday, June 9, 2026-- Notification of Bid Awards

Procedures for the award of this bid are as follows:

1) For a bid to be acceptable, the company must have readily available and place a bid price on 100 percent of the items listed.

2) If a company does not enter a bid price on an item, that item is not considered in arriving at the grand total for any company.

3) Award of this contract shall be to the lowest, most responsive, and responsible bidder based on the method of award listed.

4) School districts may request direct delivery to each warehouse.

5) Deliveries must be made to each school district as requested by each district.

6) Any items not delivered will be subject to be delivered the following day, if the menu permits. Substitutions are not to be made without the consent of the Director or designee involved before delivery.

7) With the exception of such foods as olives, tuna, mandarin oranges, pineapple, frozen Mexican strawberries, and various other foodstuffs. Preference may be given to domestically produced foods rather than imported ones. All products must conform to the Federal Pure Food and Drug Law. The vendor shall bear all expenses associated with this compliance.

8) USDA requires certification regarding debarment, suspension, ineligibility, and voluntary exclusion for any organization that provides goods and services for any federal agency or user of funds in the amount of $25,000 or more. Please complete the attached certification document and return it with the proposal for food and supplies.

The Districts reserve the right to accept or reject any or all bids. Thank you for your interest.

Sealed bids in envelopes marked “Local Beef” 2026 IFB with the COMPANY NAME, DATE, and TIME OF OPENING must be received by Thursday, June 4, 2026, at 2:00 p.m. either by mail or in person to:

Alison Francis, Director

School Nutrition Program

5855 Crabtree Rd.

Clyde, NC 28721

School Nutrition Program

VENDOR BID CERTIFICATION

Bidder Failure to execute/sign the Bid prior to submittal shall render the Bid invalid.

ADDENDUMS ____ THRU ____ WERE RECEIVED PRIOR TO BID SUBMITTAL

VENDOR: ___________________________________________________________________

FEDERAL ID OR SOCIAL SECURITY NUMBER ____________________________________

ADDRESS: __________________________________________________________________

CITY & STATE ______________________________________________ZIP: _____________

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING THIS BID AND PROVIDE E-MAIL:

NAME/TITLE: ________________________________________________________________

E-MAIL _____________________________________________________________________

I certify by my signature below that the PRICES quoted in this IFB are correct and that I have the authority to obligate the company to perform under the terms and conditions stated in this IFB/Contract.

AUTHORIZED SIGNATURE: __________________________________DATE: ____________

COMPANY_________________________________________________________________

THE METHOD OF AWARD WILL BE BOTTOM LINE:

*Local Ground Beef – Freshly made to order, 80/20 lean-to-fat ratio, with no fillers or preservatives. Beef to come from humanely raised cattle that are fed a vegetarian diet, with no antibiotics or added hormones. Vendor must be GAP-certified and recommended by Appalachian Sustainable Agriculture Project or NCDA to ensure it meets GAP standards. A specification sheet must be included.

*For the purposes of the IFB, local is defined as raised and harvested in North Carolina.

Bottom Line price per pound:

Forecasted Pounds per School Year (July 1 – June 30): 72, 360 pounds

Buncombe - 41,800 lbs Caldwell – 12,560 lbs (The bulk of their order is in the spring for their cook chill operation).

Haywood – 8,000 lbs Henderson – 10,000 lbs I certify by my signature below that the PRICES quoted in this IFB are correct and that I have the authority to obligate the company to perform under the terms and conditions stated in this IFB/Contract.

Print Name of Person Authorized to Sign Bid Signature of Person Authorized to Sign Bid Print Name of Vendor/Company/Organization Date

GENERAL TERMS AND CONDITIONS

1.0 SCOPE AND PURPOSE

1.1 The Districts are requesting to receive Bids from an OFFERING ENTITY, (herein after referred to as Vendor), defined as a company that is offering to order, warehouse and deliver Local Fresh Beef for use in the School Nutrition Program.

1.2 The Districts have the mission to procure high-quality, reasonably priced local products for Federally-funded School Nutrition programs operating in North Carolina.

1.3 This IFB and all attachments and addenda hereto will become the Contract between the Districts and the successful Vendor.

2.0 VENDOR qualification and responsibility 2.1 The Vendor awarded the Contract must be fully acquainted with the terms and conditions relating to the scope and restrictions involved in the execution of the work as described in the IFB/Contract. Failure or omission of the Vendor to be familiar with existing conditions shall in no way relieve the company of obligation with respect to this Contract.

2.2 The Vendor awarded the Contract must have a minimum of one (1) year of experience in the food business and must maintain a current business license from the State of North Carolina. Vendors shall provide documentation of applicable license, certification, and or commercial experience upon request.

2.3 The Vendor awarded the Contract must, upon request of the Districts, furnish satisfactory evidence of their ability to furnish products in accordance with the terms and conditions of the IFB. The Districts reserve the right to make the final determination as to the Vendor’s ability to provide the products requested herein.

2.4 The Vendor awarded the Contract is expected to constantly search for items that offer a better value; promote the introduction of new items; respond promptly to problems with products, delivery, or transaction documentation; provide timely cost and usage reports; and perform all Contractual requirements in a manner consistent with the terms and conditions of the Contract.

2.5 The Vendor awarded the Contract will be required to interface with the manufacturers about problems relating to product quality to the satisfaction of the Districts.

2.6 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 effectively respond to a food recall; the process must include accurate and timely communications to the Districts and assurance that unsafe products are identified and removed from school sites in an expedient, effective and efficient manner. A one-page summary of the Vendor’s recall policy and procedures is required to be submitted with the Bid in Attachment D.

2.7 The Districts reserve the right to request documentation, conduct on-site inspections of the Vendor’s facilities, delivery vehicles, and records, pertaining to this IFB at any time during the Contract period. The warehouse and delivery vehicles shall be clean, free of insects and rodents, and adequate for storing and delivering products (dry, chilled, and frozen). The Vendor awarded the Contract must have an on-site HACCP Plan and attach a summary of the plan with this Bid in Attachment E.

2.8 The Vendor awarded the Contract shall maintain all necessary insurance for the period during which purchases are made, including Comprehensive General Liability Insurance, Property Damage Insurance, Workers Compensation Insurance, and Automobile Liability Insurance. The Vendor shall provide evidence in Attachment F that it currently has, and agrees to purchase and maintain, during its performance under this Contract, the following insurance from one or more insurance companies authorized to do business in the State of North Carolina:

1.

The Vendor shall maintain bodily injury and property damage liability insurance covering all owned, non-owned, and hired vehicles. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each person/each occurrence.

2.

Commercial General Liability – Vendor shall maintain Commercial General Liability insurance that shall protect the Vendor from claims of bodily injury or property damage that arise from performance under this Contract. This insurance shall include coverage for Contractual liability. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each occurrence/annual aggregate.

3.

The Vendor shall meet the statutory requirements of the State of North Carolina for workers’ compensation coverage and employer’s liability insurance.

Should any required insurance be canceled before the expiration, the issuing company will mail thirty (30) days' written notice to the Districts.

2.9 The Vendor’s personnel are to present a professional appearance at all times while on school property. Personnel shall be neat, clean, well-groomed, properly uniformed, and conduct themselves in a respectable and courteous manner while performing duties at any of the School District facilities.

2.10 The Vendor’s personnel are forbidden to consume alcohol, use tobacco, or possess firearms on school property at any time.

2.11 The employment of unauthorized aliens by the Vendor is considered a violation of Section 247A (e) of the Immigration Reform and Control Act of 1986. If the Vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the Contract.

2.12 Vendors are required to conduct an annual check of the State Sex Offender Registry and

Public Protection Program and the State Sexually Violent Predator Registration Program on all personnel who may be sent to perform tasks on or deliver products to school property. Persons who are subject to this registry may not be sent onto school property for any reason. The Vendor must submit the procedure for complying with this requirement in Attachment K.

3.0

PROPOSAL REQUIREMENT

3.1 The Vendor will provide a sealed, written proposal at the time and place specified on the Request for

Proposal. Neither the proposal form's date nor mailing it by this date will meet the requirements.

Proposal must be received on/or before the date and time stated. The school district reserves the right to reject any and all proposals and to waive any and all informalities.

3.2 Correction of Mistakes: All quotations must be in ink or typewritten. No erasures are permitted.

Mistakes may be crossed out and corrections inserted adjacent. The person signing the quotation must initial corrections in ink.

3.3 Return Instructions:

1. Attachment A form must be used without alterations.

2. All contract sections and attachments shall be in a sealed envelope, with the address of the school district, company name, proposal name, and opening date on the outside of the envelope, as they appear on the Request.

3. Addendum: No addendum will be issued later than five (5) working days prior to proposal opening.

4.0

FACTORS FOR REVIEWS AND AWARD

4.1 Award of this contract shall be to the lowest, most responsive and responsible bidder based on the method of award listed. Consideration of the award shall be based on the information submitted by the Vendor as shown on the Bid Certification and verified by the Districts.

4.2 The award will be made to the qualified bidder with the lowest bottom-line price as listed on the Line of the Bid Certification and verified by the Districts.

4.3 Prices stated must be in units specified in the Bid Specification Spreadsheet(s). In the event of a discrepancy between the unit price and extension, the unit price will be considered correct.

4.4 After the public opening of this IFB, the Districts officials will require at least five (5) working days for review.

4.5 The proposal will be checked for accuracy. All proposals shall/may be subject to verification. If errors on math and brands that are within tolerance described in this contract, the bottom line (where applicable) will be adjusted, and if the proposal is still low, the proposal disclosure procedure will continue.

4.6 Mathematical Accuracy of Proposed Offered -- Ninety percent (90%) of the mathematical calculations shall be correct. The following items will be classified as mathematical calculations:

Any error in a line item in conversion, addition, or multiplication, which results in an incorrect calculation, will be counted as one (1) error.

Any error in addition to arrive at the bottom line will be counted as follows: Each 1-% change in the bottom line will count as an error.

4.7 Charges for Consistent Inconvenience to the Districts or Contractor

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

If the contractor is consistently unable to deliver an approved product, the

Districts may purchase a product of equal or greater quality from another source. The difference between the price paid and the contract price may be charged to the contractor.

4.8 Decimals: Any mathematical calculation that involves decimals shall be treated as follows:

1. All decimals shall be carried only two (2) places.

Fractions shall not be rounded up or down.

5.0 SPECIAL CONDITIONS and ADDITIONAL PRODUCTS 5.1 The Districts may add additional products, which are exclusive to the Districts, to this IFB under the terms and conditions outlined in this IFB though out the term of the contact. The Districts reserve the right to request prices for new items that they might like to try during the school year.

6.0

DETERMINATION OF PRODUCT PRICE FOR BID AND VENDOR FIXED-FEE FOR BID

6.1 The product price of items in all lots must be fixed for the term of the contract.

Best price for one item for each product line on the bid is required, even if “0” quantity is shown in the Estimated Usage column.

6.2 This total price indication on the bid specification spreadsheet should include the manufacturer’s price and the fixed fee as set by the distributer.

6.3 Product price shall be based upon the latest manufacturer or official manufacturer confirmation letter prior to the Bid opening, or cost-update, to the Districts. The latest manufacturer’s invoice shall be dated no more than four (4) weeks prior to the Bid opening or cost-update.

6.4 Distributor cash discounts, label allowances, group allowances, promotion allowances, “billbacks” or other purchasing incentives intended for the customer shall accrue to the benefit of the Districts. Evidence of such discounts or allowances will be available for audit upon request.

6.5 The Vendor shall solicit the BEST PRICING from manufacturers and packers to purchase food and supplies from the pre-approved brands listed on the attached Bid Specification Spreadsheet(s), locking in pricing for the greatest extent of time to avoid price increases during the duration of the Contract.

6.6 All product price confirmations used MUST include the authorized manufacturer signature on manufacturer’s company letterhead. In addition, the confirmation must reference the pricing as authorized specifically for the Districts. This confirmation shall be maintained on file with the Vendor for audit purposes and is not required to be submitted with the Vendor’s Bid.

6.7 All items purchased by Inner Company billing and/or Group Buying billing will be identified in the Bid Specification Spreadsheet(s). All price increases must be supported with a market bulletin(s) from an independent source; such documentation shall be maintained on file with the Vendor for audit purposes and is not required to be submitted with the Vendor’s Bid.

6.8 All items that will be purchased as Distributor Manufactured Items shall be identified in the Bid Specification Spreadsheet(s). The price of the product charged must be based on an independent market bulletin. The Vendor shall keep the market bulletin that served as the basis for the cost and the calculation for this Bid on file for audit purposes and is not required to be submitted with the Vendor’s Bid.

6.9 Manufacturer pricing offered under this Contract is NOT transferable to other School Districts in North Carolina that are not associated with this IFB.

6.10 The fixed-fee shall encompass the cost of the product’s distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation.

6.11 The fixed fee shall remain firm for the duration of the Contract, and for the duration of any Summer Nutrition Programs offered by the Districts and any future Bid renewal period(s).

7.0

PRODUCT REQUIREMENTS

7.1 All food products supplied by the Vendor awarded the Contract will comply with Standards of Identity, Quality, and Fill as described in 21 CFR Part 100 of the Food, Drug, and Cosmetic Act regulations.

7.2 The Districts have automatic product protection recourse against suppliers for products that are misrepresented. According to Federal regulations, the supplier whose name and address appears on the package is the responsible party. The Vendor awarded the Contract is expected to take immediate action to correct any situation in which product integrity is violated.

8.0

PRODUCT ESTIMATED QUANTITIES

8.1 Quantities reflected in this IFB are estimates based on the combined projected needs of the Districts during the Contract period. These quantities are the best estimate of anticipated needs available at the time of publication of this IFB, but the accuracy of this estimate may be affected by numerous factors, including but not limited to budgetary adjustments, product pricing, inclement weather, availability of Federal funds or other subsidies, changing market forces, or unintentional errors or omissions. Actual needs may be greater or less than the estimated quantities provided.

8.2 The District's product usage estimate provides Vendors a guide as to potential product usage of the district, but under no circumstances does it guarantee product usage.

9.0 BID AWARD, VENDOR OPTION TO DECLINE, NEGOTIATION, PIGGYBACK CLAUSE

9.1 The submittal of a Bid shall constitute an irrevocable offer to Contract with the Districts. In accordance with the terms of the IFB/Contract, the offer may not be withdrawn until or unless rejected or not accepted by the School District.

9.2 The accuracy of all prices, fixed fees, and statements contained in the Bid is the responsibility of the Vendor, and no change or cancellation may be made. The Districts reserve the right to request clarification from the Vendor.

9.3 In the event the District made an error in a product specification, that item would be excluded from the tabulation. Any item excluded from the tabulation will be excluded for all bidders for evaluation purposes only.

9.4 The Vendor awarded the Contract has the option to decline the award. If the Vendor is awarded the Contract and chooses to decline the award, the Vendor is required to provide a written request for relief to Alison Francis within three (3) days of the date of the final award.

9.5 The Districts reserve the right to negotiate final terms and conditions with the Vendor with the lowest, most responsive, and responsible Bid.

9.6 The Districts reserve the right to reject any and all Bids, or parts thereof.

9.7 Pursuant to G. S. 143-139 (g), when a Local Board of Education (BOE) determines it is in the best interest of the member district over which it has authority, the requirement for competitive bidding may be waived for the purchase of food and supplies contained herein, including all subsequent Amendments, to allow the member district to purchase from the bid/contract with any other member district. The member district’s BOE, having approved the waiver for competitive bidding, may enter into a new and separate contract with a vendor who has contracted with another member district provided the member district’s BOE is in agreement and the vendor is willing to extend the same or more favorable prices, terms and conditions to the member district for which competitive bidding has been waived. (Piggy Back Clause) 10.0 Bid Acceptance 10.1 The period for acceptance of this Bid will be six (6) calendar days.

11.0 Protest procedure 11.1 Protests of awards exceeding $25,000 in value must be submitted to Alison Francis, issuing of this IFB. Protests must be in writing and provide specific reasons with supporting documentation for the protest.

11.2 The protest must be received by the School Nutrition Director within ten (10) calendar days from the date the Contract is awarded.

12.0

WAREHOUSING

12.1

The Vendor awarded the Contract is responsible for the proper warehousing of all products prior to delivery to the Districts. Products must be held at the proper temperatures and humidified as recommended by packers or manufacturers, so as to maintain the products and packages at optimum levels of quality and condition. The Vendor shall be liable for the safety and appearance of products and packaging materials. Any products or packages received that are out of condition, as per HACCP guidelines, or not hard frozen in the case of frozen products, will be returned for full credit.

13.0

TRANSMITTAL OF DELIVERY ORDERS

13.1 Orders will be submitted to the Vendor awarded the Contract by the individual districts on an as needed schedule and by a method that is mutually agreeable to both parties. The Districts prefer the shortest possible lead time to minimize inventory levels at schools.

13.2 Orders may be transmitted electronically, by fax, or directly to a salesperson as mutually agreed upon by the Vendor awarded the Contract and the Districts. Order guides (preprinted) shall be furnished by the Vendor for recording and/or transmitting orders. If Internet-based, electronic ordering systems are used, the Vendor will provide training on the use of the ordering system to the necessary School District personnel. The Vendor must block non-bid items from electronic ordering systems available to the School District. Regular orders shall be placed at least three (3) workdays before the delivery time requested. Any add-on orders should be placed 24 hours before delivery. Purchase order numbers should be listed on delivery tickets.

13.3 The Vendor awarded the Contract shall provide a representative to screen orders, discuss orders with the School Nutrition Directors, or designees, as needed; ensure compliance with scheduled delivery, discuss substitutions and shortages, facilitate approval of substitutions, finalize orders for delivery, and screen delivered orders for shortages, errors, and pricing mistakes as well as make arrangements when deliveries are delayed or cancelled due to school cancellations and inclement weather.

14.0 DELIVERIES

14.1 The frequency of delivery will vary by district.

14.2 Deliveries should be delivered and placed in the appropriate facility between the hours of 7:00 a.m. and 10:00 a.m. Any deliveries after 2:00 p.m. will require payment of time and a half to employees who agreed to remain on duty to receive the delivery. Payment should be made within one month.

14.3 Holiday deliveries -- (Holiday shall be defined as any week that has less than five

(5) school days). If the holiday falls on a scheduled delivery day, the delivery shall be made on a day to be mutually agreed upon by the school district and the successful contractor.

14.4 Delivery schedules shall be submitted to school district officials for prior approval and shall remain constant from delivery to delivery.

14.5 Drivers and helpers shall deliver merchandise into designated storage areas (dry, chilled, and frozen). Drivers or helpers shall not be required to stow merchandise on shelves.

14.6 Drivers and helpers shall request the authorized site receiver, or the designated representative, to verify the accuracy of quantities of each item, brand and code numbers of each item, and condition of merchandise. A designated site receiver shall sign each delivery ticket. The designated site receiver shall note variations from the norm, i. e., shortages, damages, etc. The contractor shall not be required to issue credits for errors not detected at the time of delivery, except for hidden damage. Two (2) copies of the delivery ticket must be left with the receiver.

14.7 Special or intermediate deliveries shall be required only if a contractor fails to deliver a product on a regularly scheduled delivery.

14.8 Each delivery must be made in a single vehicle that will adequately protect frozen, dry, or chilled products in accordance with manufacturers/packers recommendations. The types of delivery vehicles used may be influenced by school sites, and the vendor should be familiar with the facilities. All Local products must be delivered in a completely refrigerated state, 41 degrees F or below. Items showing any temperature compromise or deterioration at the time of delivery will not be accepted. Any item delivered in an unacceptable condition will not be accepted.

14.9 Packaging must be marked with appropriate product identifying information as indicated on the Purchase Order and packaged in containers that are new, appropriately designed for the products, and sturdy enough to protect the products in the loading, transit, unloading, and storage process.

15.0

BILLING AND PAYMENT

15.1 Payments: All invoices for products received and inspected by the last working day of the month will be paid by the 26th of the next month. All invoices shall be sent to the District’s central office location, and payment will be made by the school system.

15.2 The Vendor awarded the Contract shall provide the School District with separate invoices and statements for food and supplies. The School District will provide separate Purchase Orders for each group.

15.3 The Vendor awarded the Contract shall issue credit memorandums for returned/picked up items within ten (10) business days from the request to do so.

15.4 Failure to issue credit memorandums in a timely basis shall constitute grounds for withholding Vendor payments.

15.5 Food and certain non-food items purchased under this Contract by the Districts are not subject to State and Federal Taxes. Taxable items shall be invoiced separately and shall be billed on a separate statement. The tax exemption certificate will be furnished upon request. Out-of-state Vendors shall comply with the tax laws of the State of North Carolina for food and non-food items.

16.0 PRODUCT DATA SHEETS AND UTILIZATION REPORTS

16.1 The Vendor awarded the Contract shall provide product data sheets within five (5) working days after request. Product data sheets shall include, but will not be limited to, ingredients, allergens, and other product information, nutrition information statements, pack sizes, instructions for preparation and serving, and other pertinent product information. Payments for the month prior to the due dates for receiving the product data sheets may be withheld at the discretion of the District officials until product data sheets are received.

16.2 The Vendor awarded the Contract shall provide utilization reports to the School Nutrition Directors, or designees, upon request. These reports shall be submitted for total quantity delivered per item in terms of Bid units per school delivery point and a combined district total. Utilization reports shall be submitted within fifteen (15) calendar days after the end of a month. Payments for the month prior to the due dates for the utilization reports may be withheld at the discretion of the District officials until utilization reports are received.

17.0

SUBSTITUTION REQUIREMENTS

17.1

The Vendor awarded the Contract shall order goods from manufacturers in economical quantities and maintain inventories at an ample level to prevent out of stock situations, while avoiding excessive inventories which might be counter productive to product conditions. Product substitutions due to out of stock situations should be held to an absolute minimum. Vendor “out of stock” percentage is expected at 3% of invoice orders or less. Excessive substitution may jeopardize future business from the Districts or invoke Termination Proceedings

17.2 Substitutions may not be made without prior, written or verbal approval from the School Nutrition Directors or his/her designees. The Vendor's representative must contact the SN Directors, or designees, no later than two (2) complete business days in advance, to request a substitution approval. Due to dietary and possible allergen issues, the exact specifications for the proposed substitute(s) must be e-mailed or faxed to the School Nutrition Directors or designees, at the time of request for approval. Any substitution that is not approved, in advance, in writing or verbally by the School Nutrition Directors or her/his designees, will be rejected. Delivering brands that are not pre-approved may be a reason for rejection of the product, termination of the contract, and shall be considered non-delivery of the product.

17.3 For the sake of meeting delivery schedules, the Vendor may deliver any pre-approved brand at the same price, with a minimum of 24 hours' notification and prior written/verbal approval of the School Nutrition Director. Any other substitutions brought in by the Vendor to alleviate out-of-stock situations must be of the same or higher quality as the regular stock, and must be delivered at the same or lower portion cost than regular stock.

17.4 The fact that a substitute is being made shall be clearly stated on the invoice or provided on a separate invoice. Payment will not be made for unauthorized substitutions. If substitutions are made without the written authorization of the School Nutrition Directors (or designees) and an adverse action is experienced within the districts, all costs associated with the adverse actions within the Districts will be assumed by the Vendor.

17.5 If a substitute product is not approved by the School Nutrition Directors, or designees, the Districts shall, in good faith and in its sole discretion, purchase a product of equal or greater quality from another source. The Vendor shall be responsible and liable for the difference in the cost between the amount paid for the substituted product and the amount that would have been paid had the product been delivered. The Vendor shall have no basis to complain that the substituted product purchased could have been purchased at a lower price, and the difference in cost (with documentation) will be subtracted from the amount due the Vendor.

17.6 To meet food safety and recall regulations, the Vendor will notify the School Nutrition Directors, or designees, and obtain written approval in advance whenever there is a change of Bid product sources, including when any non-domestic agricultural products are substituted for domestic agricultural products.

18.0 BUY AMERICAN Provision

18.1 The Vendor shall comply with the “Buy American” provision for Contracts that involve the purchase of agricultural products. Federal regulations require that all foods purchased for the Districts be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist: Exceptions to the Buy American provision are possible when (1) the product is not produced or manufactured in the U.S. in sufficient, reasonable and available quantities of a satisfactory quality; and (2) competitive Bids reveal the cost of a domestic product is significantly higher than a non-domestic product.

18.2 ALL non-domestic products bid as part of this IFB must be identified as such in the Bid document with the country of origin listed and a list of non-domestic products must be sent to School Nutrition Directors for prior written APPROVAL in advance of delivery. The Vendor must submit written documentation to substantiate any non-domestic item included in this Bid with the exception of the following products: pineapples, mandarin oranges, olives, tuna, bananas and coffee.

18.3 Any substitution of a non-domestic product for a domestic product (which was originally a part of the IFB), must be approved, in writing, by the School Nutrition Directors, prior to the delivery of the product to the Districts.

18.4 Any non-domestic product delivered to the Districts, without the prior, written approval of the School Nutrition Directors, will be rejected. Should non-domestic substitutes that were not pre-approved in writing, by the School Nutrition Directors be delivered to and rejected by the Districts, the Vendor shall be held accountable for all over-claims that result from failure to meet the District’s required meal pattern.

18.5 Agricultural products which are canned or packed outside of the United States may be accepted with proof from manufacturer that poor Market conditions exist (weather, and/or supply availability of market); this requirement applies to “private labels” as well as other labels.

19.0 ECONOMIC PRICE ADJUSTMENT

19.1 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 Districts.

19.2 Product price adjustment for beef may be requested in writing thirty days in advance of the effective date of the Contract renewal or roll over with appropriate product documentation to allow the school district 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 affect until the last delivery to any Summer Nutrition Programs provided by the Districts.

20.0

BID EXTENSION CLAUSE (OPTION TO EXTEND OR RENEW CONTRACT)

20.1 Unless this Contract is renewed or extended by mutual agreement of both parties beyond the expiration of the Contract time period as stated on the Bid Certification, this Contract shall terminate at the end of the term stated on the Bid Certification.

20.2 A extension of up to four years will be considered at the end of each school year. Prices will be requested and service will be considered before a determination will be made. Bid prices will be expected for all items added from the previous year. All terms of the bid will be applicable for the new year contract unless terms are in writing and signed by the Districts.

20.3 The Districts reserve the right to renew with the Vendor(s) for a period not to exceed four (4) additional terms of one (1) year each, with mutual agreement of both parties about the following:

1. Product Price – including an economic adjustment for the renewal period (with appropriate manufacturer and market documentation) and rental fees.

2. Any increase in the fixed fee will be based on fuel cost only. A document of fuel cost will be required.

3. Contract renewal prices and fixed fees shall take effect after the completion of any

Summer Nutrition Programs that are operated by the Districts.

20.4 In - Contract brand additions of a new product may occur at annual renewal as requested by the Districts.

20.5 Fiscal Funding: If the effective dates of this proposal extend beyond July 31 of the current fiscal year, it shall be understood that purchases in the next fiscal year are conditional on the receipt of federal and/or state funds. In the event of the discontinuance or a decrease in federal and/or state funds the Districts reserve the right to change the item identifications, decrease the quantities and/or delete items

21.0 Records Retention Requirements 21.1 By signing this Bid, the Vendor awarded the Contract understands that the District, the U.S. Department of Agriculture, the NC Department of Public Instruction, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific Contract, for the purpose of audits, examinations, excerpts, and transcriptions.

21.2 Additionally, the Vendor awarded the Contract must provide all documents as necessary for the independent auditor to conduct the District’s single audit. The Districts will contract to have the single audit conducted as a regular, direct expense to the Districts. Funds from the non-profit School Nutrition Program may not be used for this purpose.

21.3 The Vendor awarded the Contract must retain all pertinent records identified by source, type, and category for a minimum of three (3) years after the Districts make the final payments. In the event of any unresolved audit findings, the records shall be retained beyond the three (3) year period for as long as required for resolution of the issues raised by the audit.

22.0 Assurance of Non-Collusion

22.1 Neither the Vendor nor any business entity represented by the Vendor has received compensation for participation in the preparation of the items specifications or the General Terms and Conditions related to this IFB.

22.2 This Bid has been arrived at independently and is submitted without collusion with any other Vendor, 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 Vendor an unfair advantage over any other Vendor with respect to this IFB.

22.3

The Vendor 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 Districts or any of its members in connection with any information or submission related to this Bid, any recommendations, decision, vote or award related to this Bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to this Bid.

22.4 Neither the Vendor, nor any business entity represented by the Vendor, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the Antitrust Laws of the State of North Carolina with regard to this Bid; furthermore, this Bid has not been knowingly discussed with nor disclosed to, and will not be knowingly discussed with nor disclosed to another Vendor, competitor, potential competitor or School District officials or personnel whose district is not a member of this IFB, prior to the opening of Bids.

22.5

No attempt has been or will be made to induce any other person or entity to submit or to not submit a Bid.

23.0

Assurances regarding Legal and Ethical Matters 23.1 The Vendor has noted any and all relationships that might be conflicts of interest and included such information with his/her Bid response.

23.2 If this Bid is accepted, in whole or in part, the Vendor will furnish any item(s) awarded to them under this IFB/Contract to the School District at the proposed price and in accordance with the item specifications and the terms and conditions contained in this IFB/Contract. Sub-contracting or out-sourcing of item(s) awarded is not permitted.

23.3 The Vendor has, or has the ability to obtain, such financial and other resources, including inventories, as3may be required to fulfill all the responsibilities associated with this IFB/Contract.

23.4 The Vendor has a high degree of integrity and business ethics, and a satisfactory record of…