RFP DAIRY.pdf

Junction City School District

REQUEST FOR PROPOSAL

DAIRY

PROPOSALS DUE MAY 22, 2024, 9:00 AM LOCAL TIME

AT

JUNCTION CITY SCHOOL DISTRICT

FOOD SERVICE DEPARTMENT

325 MAPLE STREET

JUNTION CITY, OR 97448

FOOD SERVICE DIRECTOR

GWENDA BAUMAN

541-998-6311 X5605

SOLICITATION NO: 24-0522-11

JUNCTION CITY SCHOOL DISTRICT

REQUEST FOR PROPOSAL

DAIRY

RFP 24-0522-11

GENERAL INFORMATION

Junction City School District is submitting a Request for Proposal (RFP) for competitive proposals for Dairy Products. Vendors who demonstrate an ability to meet the enclosed requirements, specifications and timelines are invited to submit a proposal as specified herein.

Proposal Submission Each Proposer shall submit one (1) unbound reproducible original copy and one electronic copy of all required documents on a flash drive. Proposals must include a printed copy of the Price Proposal Spreadsheet. To obtain the Price Proposal Spreadsheet, please email gbaumam@junctioncity.k12.or.us . Sealed proposals must be received by Gwenda Bauman, Food Service Director, at Junction City School District, Food Service Department, 325 Maple Street, Junction City, Oregon, 97448, no later than:

MAY 22, 2024 AT 9:00 AM LOCAL TIME

At which time and place acceptance of proposals will be closed, and all proposals received will be opened, but not read. Proposals delivered after the deadline or delivered electronically will not be accepted. Proposals submitted will remain confidential in nature until a notice of intent to award has been issued by the District.

CALENDAR OF EVENTS

Proposed Timetable April 16, 2024 Issue Request for Proposal April 30, 2024 End of Proposer’s written questions and requests May 07, 2024 Release of Amendment to RFP, if appropriate May 22, 2024 Proposals Due May 23, 2024 Intent to Award May 30, 2024 End of Protest Period June 6, 2024 Contracts signed

We will make every effort to administer the proposal process in accordance with the Calendar or Events. However, we reserve the right to modify the proposal process and dates as deemed appropriate.

Junction City School District reserves the right to (1) reject any or all proposals within a period not exceeding ten (10) business days from the date of the bid opening, and (2) select the proposal which appears to be in the best interest of Junction City School District Food Service Department.

mailto:gbaumam@junctioncity.k12.or.us

JUNCTION CITY SCHOOL DISTRICT

325 MAPLE STREET

JUNCTION CITY, OR 97448

DAIRY RFP 24-0522-11

Junction City School District is requesting competitive proposals from qualified vendors to provide dairy products. Vendors who demonstrate an ability to meet the enclosed requirements, specifications and timelines are invited to submit a proposal as specified herein.

Offer must be received by the undersigned at the Junction City School District, 325 Maple Street, Junction City, OR 97448, no later than:

May 22, 2024 at 9:00 AM local time

Notice of Intent to award will be posted on the District’s food service website by May 23, 2024 by 4:00 PM local time.

Method of award: The District intends to award to the top successful proposer a one (1) year contract for the school year 2024-2025 with the option to extend for a maximum of four (4) additional one (1) year periods. The effective date of this contract shall be July 1, 2024.

Proposer shall submit their offer on the attachments provided in accordance with the instructions provided herein. All required documents will be listed as attachments. The Proposer’s Signature Page form shall be completed and signed by the person authorized to bind the Proposer.

Questions and comments regarding this Request for Proposal, its terms and conditions should be directed to the undersigned at (541) 998-6311 x5605 or by email at gbauman@junctioncity.k12.or.us

Please review the enclosed document carefully.

Sincerely, Gwenda Bauman Food Service Director mailto:gbauman@junctioncity.k12.or.us

SECTION I

INSTRUCTION TO PROPOSERS

1. INTRODUCTION: These instructions outline the offer submission procedures, evaluation of offers, and the award of a contract. The term “District” refers to the Junction City School District. The term “Proposer” refers to any entity submitting an offer in response to this solicitation. The term “Vendor” refers to any Proposer(s) awarded a contract.

2. SOLICITATION REVIEW: Proposer must carefully review this document and are responsible for knowing and understanding the terms and conditions included in or applicable to, this document. Unless defects, ambiguities, omissions or errors are brought to the District’s attention in advance of the date the proposal is due, protests or appeals based on such defects, ambiguities, omissions, or errors will not be favorably considered.

3. CHANGE, CLARIFICATION OR PROTEST: Proposers may request changes or clarification to, or must protest the contract terms and conditions and/or the specifications of the RFP. Proposer’s comments must be made in writing and received by the District by the date listed on Calendar of Events 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

b. A description of the resulting prejudice to the Proposer; and

c. A statement of the form of relief requested or any proposed changes to the contract terms and conditions or specifications.

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

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

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

5. MODIFICATION OR WITHDRAWAL: Proposers may modify or withdraw their submitted proposals only prior to the RFP due date and time. Any modification or withdrawal shall be made in writing, prepared on the Proposer’s letterhead, signed by an authorized representative of the Proposer, 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 in an appropriately marked, sealed envelope to the appropriate, responsible person designated to receive offers.

6. SUBMITTING PROPOSAL: Proposers are solely responsible for delivering the offer in the designate manner to the designated delivery point prior to the RFP due day and time. Proposers must submit one

(1) unbound reproducible original copy and one electronic copy of all required documents on a flash drive.

a. To ensure proper identification and handling, offers shall be submitted in a sealed, appropriately addressed envelope marked with the RFP name in large block letters and numbers on the lower left quadrant.

b. Offers shall be mailed or delivered to Junction City School District, Food Service Department, 325 Maple Street, Junction City, Oregon, between the hours of 8:00 am to 3:30 pm, Monday through Friday.

c. Facsimile or electronic offers will not be accepted.

d. Properly marked envelopes will not be opened until the RFP due date and time.

e. The District shall not be responsible for the premature opening or failure to open an offer that is not properly addressed and identified.

7. MINIMAL SUBMITTAL REQUIREMENTS: See Section II Proposal Submittal Procedures for minimal submittal requirements.

8. RECEIVING OFFERS: Each offer will be dated as received as listed

a. Each offer will be electronically or mechanically time-stamped or marked by hand the date and time it was received. Offers shall be held unopened and stored in a secure place until the RFP due date and time. The District shall not be responsible for the premature opening or failure to open an offer that is not properly addressed and/or identified. If offers are opened inadvertently or are opened prior to the RFP due date and time due to improper marking and identification by the Proposer, the opened offer will be resealed and stored.

b. Failure to submit proposals in the specified format shall be considered just cause for rejection of the proposal at the sole discretion of the District.

c. When the proposal due date and time has passed, the District will cause the proposals to be opened and recorded. The number of proposals received, the identity of Proposers, or the contents of a proposal will not be disclosed to the public until all proposals are evaluated and recommendation for award has been determined.

9. LATE PROPOSALS: Proposals received after the specified due date and time shall not be considered and shall be held unopened by the district until after the award of the contract. The District shall make no concessions regarding postal service or any other form of conveyance of the offer document even when timely delivery of the offer fails through no fault of the proposer. The District reserves the right to, at its discretion, to consider offers that have been delayed or mishandled by the District.

10. OFFER ACCEPTANCE:

a. By signing and returning a Proposal, the Proposer acknowledges it has read and understands the terms and conditions contained in the Request for Proposal Document and that it accepts and agrees to be bound by the terms and conditions of the Request for Proposal Document.

b. A Proposer’s offer shall be firm, irrevocable, valid and binding on the Proposer for not less than 60 days from the Proposal due date and time unless otherwise specified. The District may request either orally or in writing that a Proposer extends the time for acceptance.

11. CANCELLATION/REJECTION OF OFFERS: The District may cancel the solicitation if such cancellation is in the best interest of the District. The District may reject for good cause any offer:

a. That is not in compliance with the prescribed RFP procedures and requirements; or

b. Upon the District’s written determination, it is in the public interest to do so; or

c. If the Proposer is not responsible, e.g., the Proposer has failed to perform under some other contract of a similar nature with the District; or

d. If the offer is not signed in ink; or

e. When the Proposer fails to supply on offer security or performance bonds, specifications, samples, descriptive literature, references, etc., when such is required or requested; or

f. When the Proposer fails to include acknowledgement of all addenda issued; or

g. When the offer contains an alteration or erasure, which is not initialed by the signer.

12. MISTAKES BY PROPOSER: The District has the authority to waive any and all minor deviations, informalities or inadvertent nonjudgmental mistakes on any offer. Such mistakes must by 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 Proposers or the District. Errors in judgment made in an offer by a Proposer shall not be waived.

13. RESPONSIVE/RESPONSIBLE PROPOSER: A responsive proposal is one that conforms in all material respects to the RFP.

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

15. REFERENCES: References are required as part of the response to this solicitation. Please refer to Section II for required references to be provided with proposal submissions. Failure to provide references as specified shall be grounds for rejection of proposal.

District reserves the right to investigate references including customers other than those listed in Proposer’s submission. Investigation may include past performance of any Proposer with contractual obligations its completion or delivery of a project on schedule, and its lawful payment of employees and workers.

16. PUBLICITY: News release pertaining to this project will not be made without prior approval by, and in coordination with the Communications Director of the District.

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

18. RECYCLED MATERIALS AND SUSTAINABLE PRODUCTS AND PROCESSES:

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 cost.

19. CONFIDENTIALITY: The District is subject to the Oregon Public Records Law (ORS 1920410 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 RFP 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 Proposer 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.

Proposers 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 RFP cannot be marked confidential, nor, shall any pricing. Should an RFP 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 District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the District will notify the Proposer. If the Proposer disagrees with the District’s decision, the District may, but is not required to enter into an agreement not to disclose the information so long as the Proposer 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.

20. METHOD OF AWARD:

a. The contents of the proposal of the successful Proposer 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 the responsible Proposer that submits the highest scoring and most responsive proposal which meets and complies with all solicitation requirements as determined by the evaluation factors, provided that the proposal is reasonable and it is in the best interest of the District to accept it.

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

Public notice of award will be made by posting the NIA on the District’s Food Service website.

21. PROPOSER PREFERENCE: In determining the lowest responsible Proposer, the District shall, for the purpose of awarding the contract, add a percent increase on the offer of a non-resident Proposer equal to the percent, if any, of the preference given to that Proposer in the state in which the Proposer resides. Each Proposer must identify whether the Proposer is a “Resident Proposer” as defined in ORS 279A.120 (1).

22. EVALUATION AND AWARD:

a. Evaluation.

i. The District shall review offers to determine whether an offer is responsive and/or a Proposer is responsible. The District will award a contract only to a responsible Proposer with a responsive offer.

ii. The District may set forth special evaluation criteria (other than price) in Section III Special Terms and Condition that will be used to determine the successful Proposer. No offer shall be evaluated for any criteria not disclosed herein.

iii. Unless expressly authorized, Proposers shall not make their offer contingent upon the District’s acceptance of any specifications of contract terms that conflict with or are in addition to those in this Bid.

b. Award.

i. The District shall award the contract only to the responsible Proposer that submits the successful offer and that meets any special evaluation criteria.

ii. After the evaluation process is complete the District shall provide written notice to all

Proposers of the District’s intent to award the Contract (Notice of Intent to Award - NIA). Public notice of award will be made by posting the NIA on the District’s Food Service website.

iii. The District’s award shall not be final until the latter of the following:

1. Seven (7) days after the date of the NIA, unless otherwise provided; or

2. Until the District provides a written response to all timely-filed protests (if any) denying the protest and affirming the award. See the Aggrieved Proposer clause for more on protest.

23. AGGRIEVED PROPOSERS: Any adversely affected Proposer may submit a written protest of the District’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 Proposer is only adversely affected if the Proposer is eligible for award of the contract. The protesting Proposer must claim that the selected Proposer is ineligible for award:

i. Because their offer was non-responsive; or

ii. The District committed a substantial violation of a provision in the RFP document or of an applicable administrative rule and the protesting Proposer was unfairly evaluated and would have, but for such substantial violation, been the selected Proposer.

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

c. The District shall not consider a protest that is submitted after the established time period.

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

e. Failure to give written notice of appeal to the District as provided herein constitutes a waiver by the aggrieved Proposer 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 Food Service Director 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 Proposer must take further protest to the School Board. The aggrieved Proposer must notify the Food Service Director in writing before such action is taken.

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

25. ACCEPTANCE PERIOD: All offers submitted shall remain in force for a period of sixty (60) days in order to provide time for evaluation of offers received and approval of proposed awards. The District shall request in writing any extension of this sixty (60) day acceptance period.

26. PROPOSAL PREPARATION COSTS: The District is not liable for any costs incurred by the Proposer in preparation of the Proposal.

27. CONTRACT FUNDING: Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the District’s Board of Directors, the District reserves the right to cancel fixed quantity, multi-year term or requirements contracts at no penalty.

28. CONFLICTING TERMS: In the event that the Special Terms and Conditions (Section III) conflict with the Conditions of Purchase (Section II) or the Instructions to Proposers (Section I), the Special Terms and Conditions shall take precedence.

29. SAFETY: The vendor shall comply with all application provisions of the Occupational Safety and Health Act throughout the duration of the specified work.

SECTION II

GENERAL PROVISIONS

1. 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 the District’s Purchasing Department.

2. APPLICABLE LAW AND DISPUTES: Any dispute with respect to this Order shall be governed by the Junction City School District’s Administrative Regulation DJC.

3. ASSIGNMENT: This Agreement or any interest hereunder shall not be assigned or transferred by the Vendor without the prior written consent of the District. The District shall not consent to any proposed assignment unless and until the Vendor furnishes the District with two (2) executed copies of the assignment.

4. BANKRUPTCY: the District may terminate this Agreement in whole or in part by written or telegraphic notice:

a. If the Vendor shall become insolvent or makes a general assignment for the benefit of creditors:

or

b. If a petition under any bankruptcy act or similar statue is filed by or against the Vendor and is not vacated within ten (10) days after it is filed. Termination under this clause shall be in accordance with “Termination for Default” clause.

5. 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. The District shall have the right to immediately terminate this agreement if the Vendor fails to comply with such acts and regulations.

6. IDENTIFICATION OF VENDOR’S EMPLOYEES: The Vendor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work site to display such identification as may be approved by the District. All prescribed identification shall immediately be delivered to the District, for cancellation upon the release of any Vendor employee. The Vendor shall include a clause containing the substance of this clause in all subcontracts hereunder.

7. BACKGROUND CHECKS: All company personnel that will be on Junction City School premises shall agree to a thorough background check, and possible random re-check. Vendor will provide the District with a list of all company personnel that will be on-site and will update/notify Food Services and the District HR department five (5) days prior to new employees visiting sites.

8. VENDOR’S TAX ID NUMBER: If goods or services procured through the RFP 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 District before payment will be made. Awarded Vendor must complete a W9 form.

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

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

b. COMPREHENSIVE AUTOMOBLE 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 Administrative School District No. 69, 325 Maple Street, Junction City, Oregon, 97448

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.

10. 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 District.

11. INDEMNIFICATION: Except for claims arising out of acts caused by the sole negligence of the District, its agents, servants or employees, the Vendor, and employees of such, agrees to indemnify and hold harmless the District, its agents, servants, and 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 the District there from. The Vendor agrees to hold the District harmless from and to defend it against, and all claims arising out of this Agreement.

12. 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 Junction City School District 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 District shall have the right to immediately terminate this Agreement.

13. NO WAIVER OF CONDITIONS: The District’s failure to insist upon strict compliance shall not be deemed to be a waiver of any rights and waiver of a right under this Order shall not constitute a waiver of any other right or waiver of any other default under this Order.

14. CHANGES: The District may, at any time, and from time to time by written order from the District’s Purchasing Department to the Vendor, 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 a member of the District’s Purchasing Department.

15. TERMINATION FOR CONVENIENCE: The District may terminate a contract, in whole or in part without showing cause upon giving written notice to the Vendor. The District 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.

16. NO MODIFICATION OF ORDER: The terms and conditions contained in this Order may not be added to, modified, superseded or otherwise altered except by a written modification sighed by an authorized representative of the District’s Purchasing Department.

17. TERMINATION FOR DEFAULT:

a. The District 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:

i. Standard terms and conditions included in all Contracts

ii. Product or service Specifications

iii. Delivery or completion requirements; or

iv. Pricing and price escalation/de-escalation clauses

b. The District’s termination of an agreement or of a Vendor’s performance shall not restrict or abrogate any other remedy available to the District 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 District 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:

i. The effective date of termination,

ii. The grounds for termination,

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

18. NEGOTIATION WITH AWARDED VENDOR: The District 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 the District.

19. SMALL, MINORITY, AND WOMEN BUSINESS: Pursuant to 2 CFR 200.321 and Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, Junction City School District encourages the participation of minority, women, and emerging small business enterprises in all contraction opportunities. Junction City School District also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit http://www.oregon4bix.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 prior to execution.

20. BUY AMERICAN: 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:

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

http://www.oregon4bix.com/How-We-Can-help/COBID/

b. 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).

• The District 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 ten (10) days in advance of delivery.

The request must include the:

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.

21. AUDIT: Junction City School District, The Oregon Department of Education, USDA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any book, documents, papers, and records of the vendor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The vendors must maintain all required records for three years after districts make final payment and all other pending matters are closed. (2CFR 200)

22. ETHICS IN PUBLIC CONTRACTING: By submitting a proposal, Proposers certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Proposer, supplier, manufacturer or sub-vendor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, or services.

23. EQUAL OPPORTUNITY: In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:

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

2. fax:

(833) 256-1665 or (202) 690-7442; or

3. email:

Program.Intake@usda.gov

This institution is an equal opportunity provider.

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

SECTION III

SPECIAL TERMS AND CONDITIONS

SPECIAL TERMS AND CONDITIONS

1. SCOPE: Food Services Department of the District is seeking proposals for providing dairy products for the school year 2024-2025. The objective is to minimize costs while providing flexibility and productivity. Features that the District would like to continue in this agreement include, but are not limited to, a multi-year agreement; dairy offered at the lowest competitive price.

2. BACKGROUND: The District is a publicly supported school system serving the Junction City area. The District operates four (4) schools.

3. CONTRACT PERIOD: The contract period shall be from July 1, 2024 through June 30, 2025. The initial contract is for a one (1) year period with four possible one (1) year renewals.

4. RENEWAL OPTION: This contract may be renewed upon mutual agreement of the District and the Vendor for four (4) additional one (1) year periods (up to June 30, 2030).

5. SERVICES REQUESTED: The Vendor must:

a. Have regular office hours compatible with the District’s normal 8:00 to 4:00, Monday through Friday workweek

b. Offer prompt, courteous and responsive delivery service.

c. Hold dairy products in refrigeration at a temperature not to exceed 40 degrees F continuously at shipping point, in route, while in processor’s plant and during delivery to the District.

d. Make deliveries during food service working hours at each site. Proposers are responsible for verifying normal working hours of each site. Delivery during meal hours is discouraged.

e. Provide milk coolers for storage of ½ pint milk cartons. Maintenance and repair of milk coolers will be the responsibility of the Vendor.

f. Place deliveries in the designated storage area. All items must be delivered under the most sanitary conditions.

g. Provide a legible delivery receipt to be signed at the time of delivery by a food service staff member.

h. Be able to deliver to all school locations throughout the district, should it be required.

i. Provide a list of user references that have similar delivery service contracts.

6. TERMS:

a. All proposals shall be for merchandise delivered F.O.B. destination (Junction City).

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

c. The Vendor will send a monthly statement summarizing the purchases for that month to

Junction City School District’s Accounts Payable Department, which includes individual delivery charges. Receiving records and invoices must match exactly before payment will be processed.

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 District.

7. PROPOSAL REQUIREMENTS: It is the intent of the District to review and accept proposals from qualified vendors that can provide the products, specified service and meets all other conditions addressed throughout this document. The District intends to enter into a contract with the successful Proposer based on the terms and conditions contained herein.

Each Proposer shall submit one (1) unbound reproducible original copy and one electronic copy of all required documents on a flash drive on or before the due date to Junction City School District, 325 Maple Street, Junction City, Oregon, 97448, by 2:00 PM local time.

8. OBJECTIVE: A dairy contract plan for the District.

a. Minimizes dairy product cost.

b. Includes delivery requirements.

c. Maintains product quality throughout the agreement period.

d. Includes service requirements of all dairy available.

e. Allows flexibility in order placement.

f. Defines the time frame.

g. Gives price stability for budget planning.

h. Considers total cost for the District.

9. PRODUCT QUALITY: All products sold to the District 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 90% 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.

10. UNUSABLE PRODUCT: Unusable products must be replaced or credited. Credit for all unusable items not replaced is to be noted on the delivery receipt.

11. PRODUCT LABELING: All products must be labeled with:

a. Product name

b. Product number (if applicable)

c. Finished product net weight

d. Expiration date

12. 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 the District. During the term of the Contract, Vendor must adhere to the pack and size specifications.

13. 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 conditions. Cartons and carriers used to transport products from the Vendor’s plant shall be clean and 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:

a. Name of product contained

b. Item number (if applicable)

c. Product number

d. Net Weight

e. Plant number

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

g. Best Used By/Expiration Date

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

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

j. 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.

14. VENDOR DELIVERABLES AND RESPONSBILITIES

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

The Vendor shall make delivery to the District 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 Proposers pricing.

General Delivery Requirements

The Vendor shall meet the following conditions:

Provide a receipt with each delivery identifying the item, quantity, item number (if applicable) and date of delivery.

Delivery schedule and frequency will be determined by the District to assure proper inspections.

Delivery schedule can be amended to allow additional delivery sites and time as required by the District.

Special Delivery Although special deliveries are not a requirement, the ability to provide deliveries on non-regular delivery days would be favorable.

Expected delivery sites and times:

School Year: August 10 through June 30 Laurel Elementary, twice weekly, between 6:00 AM to 11:00 AM (No deliveries between 7:30 AM to 8:15 AM) Oaklea Middle School, once weekly, between 6:00 AM to 11:00 AM Junction City High School, once weekly, between 6:45 AM to 11:00 AM

Summer Program: If applicable, July 1 through August 10 Laurel Elementary, once weekly, between 8:00 AM to 10:00 AM

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 District. The Vendor shall not set minimum delivery limits by dollar or by volume and shall not charge the District additional charges for smaller than normal orders.

Refrigeration/Climate Control Products 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 product shall be made in clean mechanically refrigerated trucks with the refrigeration equipment operating and the interior of the refrigeration unit not to exceed the temperature 40 degrees F.

Delivery Delays If delivery delays are foreseen the District must be notified within 24 hours of Vendor’s knowledge of such delay. Vendor shall keep the 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, scheduled school closer 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 District and Vendor.

Product Recall If a product recall is instituted on an item that has been delivered, the Vendor will immediately notify the 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 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 The District 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 District. 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 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 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 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 District and in…