Sampson RFB# 820-25-26 Beverage Bid.docx

Sampson County Schools RFB# 820-25-26 Beverage Bid

Sampson County Schools School Nutrition Services Request for Bid (RFB) RFB# 820-25-26 Beverage Bid

USDA NON-DISCRIMINATION STATEMENT

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.

Sampson County Schools School Nutrition Department RFB# 820-25-26 Beverage Bid Request for Bid

This invitation is issued to Vendors with interest in bidding a contract for the procurement and delivery of beverage products – to include coolers, vending machines, and/or merchandisers - as listed in this contract for federally-funded School Nutrition programs operating in our School District. This awarded contract becomes the FIRST YEAR of a contract with the potential of four – one year renewals provided both Vendor and School District agreement terms are accepted.

BID QUESTIONS – SCHOOL DISTRICT CONTACT

Phone: 910-592-4111 ext. 1

BID PERIOD: August 1, 2025 – July 31, 2026

BID OPENING DATE: Wednesday, May 14, 2025 TIME OF BID OPENING: 9:00 a.m.

LOCATION: Sampson County Schools Auxiliary Services Complex School Nutrition Conference Room (new mobile unit in back of complex) 2081 Indian Town Road, Clinton, NC 28328

VENDORS SUBMITTING RFB/CONTRACT BIDS:

· Information needed to complete this bid is in the attached RFB/Contract and Official Bid Spreadsheets.

· Bids that are hand-delivered should be received prior to 9:00 a.m., Wednesday, May 14, 2024. Envelopes should be labeled:

RFB# 820-25-26 Beverage Bid SEALED BID 5/14/25 9 a.m.

· Bids mailed or sent via commercial carrier must be received by 4:30 p.m., Tuesday, May 14, 2024. It is the Vendor’s sole responsibility to assure a mailed bid is received by the deadline, no exceptions. Mail tracking delivery with signature is recommended. Please note different addresses below, depending on method of delivery.

· Specification sheets for bid products must be submitted with bid documents.

BID OPENING PROCEDURES:

· Required (1) bid signatures and (2) evidence of contract language changes are reviewed by the School District representative at the opening. These are non – negotiable contract requirements and will result in immediate bid disqualification.

· Only Bid Totals and the Apparent Preliminary Bid winner will be announced at the Bid Opening.

· Absolutely no open discussion or questions will be allowed regarding the bid procedures or bid language at the Opening. Vendor questions pertaining to such shall be put in writing and delivered to April H. Jordan. Official clarification will be e-mailed to all vendors after the Official Bid Opening.

ACTIONS REQUIRED PRIOR TO SCHOOL DISTRICT ANNOUNCEMENT OF BID AWARD

· Vendor bid tabulations for line items are reviewed, corrected and Vendor Bid Total is verified by the School District. Mathematical errors made by the Vendor are reported by the School District to the vendor in writing (e-mail) and corrected.

· Preliminary Award Letter is sent from the School District to ALL Vendors bidding noting the verified bottom line bid totals from each bidder.

· Local School District approval for the bid contract is received for the Preliminary Awarded Vendor.

· The Official Bid Certification and Agreement page is signed by School District Representative after local approval. One copy is filed by the School District and one copy is mailed to Awarded Vendor.

· Final Official Notification of bid award is the issuance of a Purchase Order to the Awarded Vendor.

BID CERTIFICATION AND AGREEMENT

Vendor Directions: Prepare two (2) copies of this Bid Certification and Agreement with original signatures.

VENDOR NAME _____________________________________________________________________________________________________________________________

ADDRESS ______________________________________________________CITY & STATE_________________________________________ZIP_________________

DEFINITIONS

· The awarded contract may be renewed for up to four (4) one-year agreements. The first bid period is August 1, 2025 thru July 31, 2026. In such renewals, the School District and the current Vendor agree to “renew, lower, or increase” the firm fixed price of the original RFB/Contract. Price increases at renewal are based on the Consumer Price Index and not to exceed 5%.

· The term “RFB/Contract,” means the comprehensive collection of the following items sent to eligible Vendors as information and to be completed and to be returned to the School District as part of the Official Documents of the Bid Packet:

1. Bid Invitation to Vendor – Notification to Vendors of Bid Opening Date and details of requirements.

1. RFB# 820-25-26 Beverage Bid Terms and Conditions – Copy for Vendors file, do not return with bid packet.

1. RFB# 820-25-26 Beverage Bid Attachments A – J – Completed and signed with original Vendor signature and returned with bid packet.

1. RFB# 820-25-26 Beverage Bid Spreadsheets with Product Usage Estimates – Vendor is to complete and return with the School District bid package.

1. Bid Certification and Agreement - Signed and returned by the Vendor. School District Official signs after School District approval of award and the completed/signed Agreement copy is mailed to the awarded Vendor. The agreement is effective by the issue to the Vendor of a School District Purchase Order.

1. School District Profile – Updated profile of local schools provided to the awarded Vendor by School District.

· BIDDER DISQUALIFICATION: Vendor failure to include any of the required documentation at the time of bid submittal or multiple bid errors MAY be considered grounds for bidder disqualification as determined by the School District. School District officials will make the final determination regarding Vendor submittal errors other than the two Vendor errors defined below as an immediate Non-Responsive Bid:

· FAILURE TO SIGN THE OFFICIAL VENDOR BID CERTIFICATION & AGREEMENT FORM

0. ANY CHANGE TO THE RFB/CONTRACT BID LANGUAGE

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 RFB and the subsequent Contract shall comply with 7 CFR Parts 210, 220, 225, 250, 2 CFR 200 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 the RFB/Contract, and subject to all conditions required therein, the undersigned offers and agrees to furnish and deliver, any or all items upon which prices are bid, at the “firm fixed fee” prices set correlating to each item and within the time frame specified.

· By responding to this RFB/Contract, the Vendor certifies that the Bid Offer 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 no one connected to this company has had any connection with the development or drafting of this RFB/CONTRACT. 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 of North Carolina laws or regulations. By signing this Bid Certification, the individual whose name is shown assures that the Vendor has read and understands all the Terms and Conditions in RFB # 820-25-26 Beverage Bid and agrees to be bound by them, and is authorized to submit Bids on behalf of the Vendor.

VENDOR BID CERTIFICATION AND SIGNATURE

I certify by my signature below that the required prices quoted and brands specified in the bid spreadsheets of this RFB/CONTRACT are correct and that I have the authority to obligate the company named to perform under requirements of this Bid Certification and all Terms and Conditions stated in the RFB, Attachments, Special Conditions and attached addenda.

Date________________________

SCHOOL DISTRICT OFFICIAL ACCEPTANCE SIGNATURE

If any, or all parts, of the Vendor Bid are accepted by the School District, an authorized School District representative shall affix their signature hereto and collectively this Bid Certification and Agreement, along with the Attachments, Addenda and the Vendor’s bid sheets shall become the Contract and shall represent the agreement between the School District and the Vendor. The sections outlined in the Terms and Conditions of the RFB/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.

Local School District approval by the Sampson County School Board of Education are prerequisites PRIOR TO School District signature on the Bid Certification and Agreement. One (1) original copy is mailed to the awarded Vendor and one (1) original copy retained by the School District. The agreement is finalized with (1) the signature and return of this document by the vendor to the School District and (2) issue of Purchase Order to the vendor.

Name of School District

School District Profile School Name/ Manager Name

Meals Per Day Merchandiser needed

Clement Elementary Ellen Diego

910-567-2112 ext. 5

Hargrove Elementary Sharon Weeks

910-533-3444 ext. 5

Hobbton Elementary Paula Horne

910-594-0392 ext. 5

Hobbton Middle Shelby Bryant

910-594-1420 ext. 5

Double side

Hobbton High Sharon Sutton

910-594-0242 ext. 5

Double side & Vend machine

Lakewood High Lesia Bennett

910-525-5171 ext. 5

Double side

Midway Elementary Cathy Hood

910-567-2244 ext. 5

Midway Middle Brandi McLean

910-567-5879 ext. 5

Double side

Midway High Mandy Barefoot

910-567-6664 ext. 5

Double side

Plain View Elem.

Christina Slaughter

910-891-4354 ext. 5

Roseboro Elementary Ashley Melvin

910-525-4538 ext. 5

Roseboro-Salemburg Middle Rebecca McLamb

910-525-4764 ext. 5

Double side

Salemburg Elem.

Karen Oates

910-525-5547 ext. 5

Union Elementary Jessica Tyndall

910-532-2104 ext. 5

Union Intermediate Kala Starnes

910-592-2287 ext. 5

Union Middle Wendy Phillips

910-592-4547 ext. 5

Double side

Union High Amy Foss

910-532-6300 ext. 5

Double side

Vending machines required at following locations. (Drinks to be delivered by vendor and stocked by school personnel. Pricing to remain consistent with bid pricing for schools.) ***Drinks for these machines do not have to adhere to Smart Snack Standards.*** Auxiliary Services Office – 2081 Indian Town Road, Clinton, NC 28328

1.0 GENERAL PROVISIONS OF THE RFB/CONTRACT

2.0 CONTRACT DECLARATIONS AND PROFILE

3.0 VENDOR MINIMUM QUALIFICATIONS

4.0 VENDOR INSURANCE REQUIREMENTS

5.0 VENDOR PERSONNEL REQUIREMENTS

6.0 VENDOR BID ERRORS AND PRICING REQUIREMENTS

7.0 FIRM FIXED PRICE BID PROCEDURES AND ECONOMIC PRICE ADJUSTMENT

8.0 VENDOR BID AWARD METHOD

9.0 RFB – CONTRACT DEFINITIONS

10.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION

11.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES

12.0 TIE BID, BID ERRORS, BID REJECTION AND USE OF PIGGYBACK CLAUSE

13.0 PRELIMINARY VENDOR BID AWARD

14.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS

15.0 TRANSMITTAL OF DELIVERY ORDERS

16.0 BILLING AND PAYMENT REQUIREMENTS

17.0 SITE DELIVERIES

18.0 OPTION FOR CONTRACT RENEWAL AND PROCEDURES

19.0 PRODUCT USAGE REPORTS FROM VENDOR

20.0 RECORDS RETENTION REQUIREMENTS

21.0 ASSURANCE OF NON-COLLUSION

22.0 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS

23.0 REMEDIES FOR VENDOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION OF CONTRACT

24.0 FORCE MAJEURE PROCEDURES

25.0 WAIVER

26.0 RIGHT TO ASSURANCE

27.0 REGULATORY COMPLIANCE

VENDOR REQUIRED BID ATTACHMENTS

ATTACHMENT A – EVIDENCE OF REQUIRED INSURANCE

ATTACHMENT B – LUNSFORD ACT COMPLIANCE

ATTACHMENT C – HACCP SUMMARY

ATTACHMENT D - FOOD RECALL POLICY/PROCEDURES

ATTACHMENT E – HUB CERTIFICATION

ATTACHMENT F – CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, LOBBYING AND COOPERATIVEAGREEMENTS

ATTACHMENT G – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTIONS

ATTACHMENT H – BRAND LABELS

ATTACHMENT I – NO BID RESPONSE

ATTACHMENT J – VENDOR INFORMATION FORM

ADDITIONAL BID ATTACHMENTS:

· SCHOOL DISTRICT PROFILE AND CALENDAR

GENERAL PROVISIONS OF THIS RFB/ CONTRACT

FEDERAL COMPLIANCE: 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 RFB and the subsequent Contract shall comply with 7 CFR Parts 210, 220, 225, 250, 2 CFR 200 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.

1.1 THIS SOLICITATION IS INTENDED TO PROMOTE COMPETITION. If the language, specifications, terms, and conditions, or any combination thereof, restricts or limits the requirements in this solicitation to a sole source, it is the responsibility of the interested Vendor to notify Melissa Smith, in writing via e-mail, at msmith@sampson.k12.nc.us no more than five (5) working days after the date the RFB/CONTRACT is issued by the School District. The solicitation may, or may not, be changed, but a review of such notification will be made prior to the award of a Contract.

1.2 ADVERTISMENT OF BID: As required by the NC State Division of Purchase and Contract, solicitation for this RFB/Contract Bid has been advertised with the State of North Carolina Interactive Purchasing System a minimum of two weeks in advance of the bid opening.

1.3 A WRITTEN ADDENDUM IS THE ONLY OFFICIAL RESPONSE METHOD WHEREBY INTERPRETATION, CLARIFICATION AND ADDITIONAL INFORMATION REGARDING THIS BID CAN BE GIVEN. Once issued, all addenda shall become part of this contract. All addenda will be issued electronically to each Vendor known to have received the initial RFB/Contract. Addenda may be issued until May 10, 2024. However, before submitting an RFB/Contract, it shall be the responsibility of each Vendor to determine whether additional addenda were issued. INQUIRIES concerning interpretation or additional clarification or additional information pertaining to this RFB must be made in writing (electronic accepted) within nine (9) calendar days prior to the bid opening date. For inquiries contact Melissa Smith, in writing via e-mail, at msmith@sampson.k12.nc.us.

1.4 FIRM FIXED PRICE BID: The method for calculation of this bid is Firm Fixed Price. The firm fixed price shall encompass the costs of the product’s distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation costs of the line items bid.

2.0 SCHOOL DISTRICT RFB – CONTRACT DECLARATIONS AND PROFILE

Sampson County Schools is herein after referred to as the School District, is requesting to receive Bids from an OFFERING ENTITY, herein after referred to as the Vendor, defined as a company that is offering to provide the services of ordering, warehousing and delivery of beverages for use in the School District’s School Nutrition Program.

Sampson County Schools reserves the right, at any time after opening and prior to award, to request from any Vendor clarification of processes or procedures, address technical questions, items bid, or to seek other information regarding the Vendor’s bid offer. This process may be used for such purposes as providing an opportunity for the Vendor to clarify their bid, to assure mutual understanding and/or aid in determinations of responsiveness, or responsibility, of the Vendor.

Sampson County Schools reserves the right to reject any or all bids, or parts thereof, and to waive informalities and/or irregularities thereof.

Sampson County Schools reserves the right to retain all Bids for a period of sixty (60) days or until approval by the Local Board of Education, whichever comes first. The submittal of a Bid shall constitute an irrevocable Offer to Contract with the School District. In accordance with the terms of the RFB/Contract, the offer may not be withdrawn until or unless rejected or not accepted by the School District.

Sampson County Schools requires the RFB/Contract and all attachments and addenda hereto awarded to become the Contract between the School District and the awarded Vendor.

Sampson County Schools requires the Vendor awarded the Contract be fully acquainted with General Terms and Conditions relating to the scope and restrictions involved in the execution of the work described in this contract for the School District. 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 and may be grounds for disqualification.

Sampson County Schools requires that the Local School District issue the approved and appropriately signed Official Certification Form to the Awarded Vendor and the issue of a local Purchase Order to the Vendor as the Final Bid Award.

Sampson County Schools will provide a SCHOOL DISTRICT PROFILE which includes pertinent information about the district such as the school names, addresses and current average daily lunch meals served and the type of merchandiser needed for each school. The School District will provide the awarded Vendor the School Calendar.

3.0 VENDOR MINIMUM QUALIFICATIONS

Vendor awarded the Contract must have a minimum of one (1) year of experience in commercial food warehousing/delivery business and must maintain all required state and local business licenses and a Certificate of Authority from the Secretary of the State of North Carolina. Vendor shall provide documentation of applicable license, certification, commercial experience, storage and delivery equipment and/or letters of current customer and supplier reference upon request of the School District for qualification to furnish products and services in accordance to the General Terms and Conditions of this RFB. The School District reserves the right to make the final determination as to the Vendor’s ability to provide the products and services requested herein.

https://www.sosnc.gov/Guides/launching_a_business/register_your_business

4.0 VENDOR INSURANCE REQUIREMENTS

4.1 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 must provide Evidence of Insurance that it currently has, and agrees to purchase and maintain, during its performance under this Contract, from one or more insurance companies authorized to do business in the State of North Carolina. In addition, the School District Board of Education shall be named by endorsement as an additional insured on the General and Automobile Liability policies.

4.2 Certificates of such insurance shall be furnished by Provider to the School District Contact and shall contain an endorsement to provide the School System at least 10 days written notice of any intent to cancel or terminate by either Provider or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this Contract. ATTACHMENT C - provide summary and mail certificates to School District.

4.3 Commercial General Liability – Vendor shall maintain Commercial General Liability insurance that shall protect the Vendor from claims of bodily injury or property damage which arise from performance under this Contract in the amount of $1,000,000 each occurrence and Personal & Advertising Injury $1,000,000 each occurrence with $2,000,000 General Aggregate.

4.4 Vehicle Bodily Injury and Property Damage - 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.

4.5 Worker’s Compensation - The Vendor shall meet the statutory requirements of the State of North Carolina for worker’s compensation coverage and employer’s liability insurance of all employees participating in the provision of services under this contract.

4.6 Should any of the above required insurance be cancelled or terminated before the expiration, the issuing company will provide at least ten (10) days written notice to the School District.

5.0 VENDOR PERSONNEL REQUIREMENTS

5.1 The Vendor’s personnel are to always present a professional appearance 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 School District facilities.

5.2 The Vendor’s personnel are forbidden to consume alcohol or use illegal drugs, use tobacco (to include vapor products), or possess firearms on school property at any time.

5.3 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.

5.4 NC LUNSFORD ACT N.C. GENERAL STATUTE 14-208.18: The Vendor acknowledges that N.C. General Statute 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly, among other things, being on the premises of any school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children’s museums, child care centers, nurseries and playgrounds. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense. LUNSFORD ACT compliance is addressed in the ATTACHMENT D.

6.0 VENDOR BID ERRORS AND PRICING REQUIREMENTS

6.1 BID ERRORS: The following two bid errors are non – negotiable and may result in bid disqualification.

1) NO ORIGINAL SIGNATURE ON THE VENDOR BID CERTIFICATION FORM. An Original signature in Blue Ink is preferred, but a scanned copy of the form with an original signature of an authorized company official will be accepted.

2) ANY CHANGE TO RFB/CONTRACT LANGUAGE BY THE VENDOR

6.2 BUY AMERICAN PROVISION AND COUNTRY OF ORIGIN: 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 School Nutrition Programs be of domestic origin to the maximum extent practicable. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the U.S. and a food product that is processed in the U.S. substantially using agricultural commodities produced in the U.S. Report language accompanying the legislation noted that “substantially means over 51% from American products.” Therefore, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed/manufactured domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume as determined by the SFA. For products procured by SFAs for use in the School Nutrition Programs using nonprofit food service account funds, the product’s food component is considered the agricultural commodity. FNS defines food component as one of the food groups which comprises reimbursable meals. The food components are meats/meat alternates, grains, vegetables, fruits, and fluid milk. Please refer to 7 CFR 210.2 for full definitions. Any product processed by an awarded vendor must contain over 51% of the product’s food component, by weight or volume, from U.S. origin and be processed in the United States. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are considered domestic products under this provision as these products are from the territories of the U.S. This definition of domestic product serves both the needs of schools and American agriculture.

6.3 SPREADSHEET PRICING DIRECTIONS: The INSTRUCTIONS for completing the Bid Spreadsheets are provided with the bid spreadsheets.

6.4 MULTIPLE FLAVORS AND VARIETIES FOR A SINGLE LINE ITEM: ONE PRICE is required for all flavors or varieties of the item the Vendor will stock. The Vendor and School District must communicate after the award as to flavors and volume to be stocked. Multiple pricing per line item is not allowed.

6.5 NON – STOCKS - The Vendor will insert the letters “NS” (NON - STOCK) in the block for the Vendor code to indicate it is a “non-stock” item due to low usage. The School District will review Non - Stock items with the Vendor prior to the final bid award to determine items required for their District, quantities intended and lead order time as needed. This method is applicable for “NS” line items and “NS” flavors within a line item when multiple flavors are available. The School District is responsible for purchasing non-stock (Special Order) products requested from the Vendor brought into stock on their behalf. However, the School District will not be responsible for more than a 60 - day average usage, or the remainder of the minimum shipment, after notification to the Vendor the product will no longer be needed or ordered.

6.6 PRICE FOR EACH PRODUCT: A cost price should be submitted for each bid specification identified for Vendor pricing in the bid spreadsheets.

6.7 PRODUCT CODES AND PACK: All efforts are made to provide correct specification before bids are mailed. All interpretations of the specifications shall be made on the basis of the following statement: If the bidder discovers or suspects error in the item specification or change in manufacturer formulation, the Vendor shall contact Melissa Smith, Director of School Nutrition, at msmith@sampson.k12.nc.us. The Director shall make the final determination of product equivalency and advise all potential bid parties through an e-mail Bid Addendum.

6.8 UNIT PRICE/EXTENSION DISCREPANCY: In the event of a discrepancy between the unit price and extension, the unit price will be considered correct. Errors found in Vendor extensions will be corrected and reported to the affected Vendor(s.) All Vendors will be notified of the corrected bottom line by the School District in the Preliminary Award Letter.

7.0 FIRM FIXED PRICE BID PROCEDURES AND ECONOMIC PRICE ADJUSTMENT

The Fixed Price shall remain firm for the duration of the Contract, and for the duration of any Summer Nutrition Programs offered by the School District. The awarded contract may be renewed for up to four (4) one-year agreements.

7.1 FIRM FIXED PRICE/FEE –The Fixed Price/Fee shall encompass the costs of the product’s distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation costs of the line items bid.

7.2 ECONOMIC PRICE ADJUSTMENT: Product pricing may be adjusted annually at bid renewal based on the Consumer Price Index, but not to exceed 5%.

8.0 VENDOR BID AWARD METHOD

The award method is lowest bottom line price from the bidding sheets and as recorded on the Official Vendor Bid Tabulation Sheet and after calculations are verified and corrected, as needed, by the School District.

8.1 PACK SIZE: The Vendor is to bid the pack size that they stock and indicate it on the bid sheet. Vendors may change the number of bottles per case to the pack size that will be the best value. If a Vendor changes the case size, the servings per case must also be changed.

8.2 The unit price is to be provided in CASES and EACH individual serving unit.

9.0 RFB - CONTRACT DEFINITIONS

9.1 ACCURACY OF PRICING: The accuracy of all unit prices and statements contained in this Bid is the responsibility of the Vendor, and no change or cancellation may be made except as provided in this RFB/Contract or it’s amendments(s).

9.2 BILL BACKS: Per USDA Regulation 210.21, all manufacturer cash discounts, label allowances, group allowances, and any such promotion shall go to the benefit of the School District. Any documentation pertaining to such discounts, bill backs or allowances, will be provided upon request by the School District.

9.3 BRAND LABELS: The vendor should submit specification labels for all products bid. ATTACHMENT H

9.4 BUY AMERICAN CERTIFICATION – Certification required to be provided for all Vendor bid food product specifications to meet USDA Buy American requirement. Due at bid award and/or renewal of each year for products bid and any changes in products to be delivered to School Districts. Certifies the products were both processed in the U.S. and contain over 51% of its agricultural food component, by weight or volume, from the U.S.

9.5 PRODUCT USAGE ESTIMATE is a guide for the Vendor as to the potential product usage, but under no circumstances guarantees total product usage.

9.6 COMMUNICATION: The awarded Vendor shall communicate continuously via electronic messaging with the School District customer concerning product orders, product movement levels, substitutions, inventory, manufacturer shortages, etc.

9.7 CUSTOMER ISSUES: The vendor will provide prompt response to customer issues regarding product quality, product delivery, and product damage, credits or billing transaction documentation. Failure to resolve customer issues in a timely manner may result in contract termination, or future bid disqualification.

9.8 VENDOR FACILITIES: The warehouse facilities and delivery vehicles shall be clean, be free of insects and rodents, and meet all federal and state regulations for storing and delivery of beverage products.

9.9 HACCP: All Vendors submitting bids must provide a current Hazard Analysis Critical Control Point Summary (HACCP) describing the Vendors on – site food sanitation and safety practices meeting federal regulation. The awarded bidder must maintain a current HACCP plan through the duration of this contract. ATTACHMENT C

9.10 INTERFACE WITH MANUFACTURERS: The Vendor must communicate district problems relating to product levels and product quality and provide the School District notification of supplier issues; including but not limited to: production, shortages, transportation or product discontinuance. A Manufacturer Letter describing the circumstances and effective dates is required from the Vendor to the School District for documentation of the issue.

9.11 MANUFACTURER REBATES AND BILL BACKS - The regulations at 7 CFR 210.21(t), 220.16(e) and 215.14a(d) require that school food authorities (School Districts) must include in all cost reimbursable contracts, contracts including cost reimbursable provisions and solicitations for such contracts, provisions which limit use of non-profit school foodservice account funds to costs resulting from proper procurements and contracts. Specifically, the regulations require that SCHOOL DISTRICTs may use nonprofit school food service account funds to pay only for allowable costs - those costs net of all applicable discounts, rebates and other applicable credits. The regulations at, 7 CFR 200, Office of Management and Budget Guidance, 7 CFR 210.21(c) (i), 215.14a(c) and 220.16 (c) ensure that School Food Authorities receive the full benefit of any applicable discounts, rebates or credits intended specifically for the School Districts by manufacturers, suppliers and/or Vendors arising from purchases made under this RFB (hereinafter “Applicable Discounts, Rebates or Credits”). Vendor may receive and retain earned income, defined as income and profit earned by the Vendor for work or services performed by the Vendor and/or consistent with industry standards. Some examples of earned income include but are not limited to, freight management, procurement leverage, consolidated warehousing, quality assurance, performance-based product marketing, and management of competitive conditions. The total bid price is not adjusted for earned income.

9.12 MINIMUM SHIPMENTS: The awarded Vendor must provide bid product items requested by the School District, provided the School District meets minimum shipment requirements to the Vendor.

9.13 NON – DOMESTIC FOODS: Any non-domestic product (non - manufactured in the U.S. and containing less than 51% U.S. ingredients) delivered to the School District, without the prior, written approval of the School Nutrition Director, or designee, shall be rejected at the delivery point.

9.14 ON – SITE INSPECTIONS: The School District reserves the right to request of the Vendor documentation, on-site inspections of facilities, delivery vehicles and records at any time during the Contract period.

9.15 PRODUCT RECALL: The Vendor awarded the Contract shall be expected to voluntarily comply with all Federal, State and local mandates regarding the Identification and Recall of foods from the commercial and consumer marketplace. The Vendor shall have a process in place to immediately respond to a manufacturer food recall; the process must include accurate and timely communications to the School District and assurance that unsafe products are identified and removed from school sites in an expedient, effective and efficient manner. The Vendor is responsible for any consequences arising from the failure to make immediate notification. A one-page summary of the Vendor’s Food Recall Policy/Procedures is required to be submitted with the Bid in ATTACHMENT D.

9.17 QUALITY CONTROL ISSUES: It is the responsibility of the School District and awarded Vendor to collaborate on solving local problematic order, delivery, and product issues.

10.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION

10.1 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. All products delivered are to be from the most recent manufacturer pack date and to meet bid product specification.

10.2 Any change to brand and code product specifications shall be provided to the School District immediately by the Vendor. In addition, changes to a product specification, due to substitution or other reason, must be available to the School District for prior approval to the Vendor a minimum of 24 hours before delivery.

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

11.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES

Quantities reflected in this RFB are estimates based on the projected needs of the School District during the Contract period. These quantities are the best estimate of anticipated needs available at the time of publication of this RFB, but the accuracy of this estimate may be affected by numerous factors including but not limited to, budgetary adjustments, product pricing, 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.

12.0 TIE BID, BID ERRORS, BID REJECTION AND USE OF PIGGYBACK CLAUSE

12.1 TIE BID: In the event of a tie, the deadlock will be decided by using the following order:

· Documented evidence of unresolved service issues with a Vendor.

· Vendor is certified as Small Business/Minority Business/Women Owned Business.

· All else being equal, by coin toss by the School District with tie Vendor present.

12.4 PIGGYBACK CLAUSE: The Piggyback Clause is a Legal Provision that may be employed by a local School District in the circumstance of no bids received or all bids received are disqualified. If employed, documented Vendor Agreement, Legal Advertisement of Waiver for Competitive Bidding and Local Board Approval by both Districts is required. Pursuant to G. S. 143-139 (g), when a Local Board of Education (BOE) determines it is in the best interest of the 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 district to purchase from the bid/contract with any other district. The requesting 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 district provided that district’s BOE is in agreement and the Vendor is willing to extend the same or more favorable prices, terms and conditions to the requesting district for which competitive bidding has been waived.

13.0 PRELIMINARY VENDOR BID AWARD

Awards are considered “PRELIMINARY” until the following is completed: The School District reviews the line-by-line prices for accuracy of additions and extensions, brands, and compliance with all instructions to ascertain that the offer is made in accordance with the terms and conditions of the RFB. School officials who find error(s) in calculations will make adjustments and corrections and notify bidders individually. The corrected bottom line calculations will be shown in the Preliminary Award letter sent to all bidders.

14.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS

The Vendor awarded the Contract shall order goods from manufacturers in economical quantities and maintain inventories at a sufficient level to prevent out of stock situations while avoiding excessive inventories which may be counter-productive to efficiency. 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 due to Vendor order errors may jeopardize future business from the School District or invoke Termination Proceedings.

14.1 Any Vendor substitution that is not pre-approved, in advance, in writing by the School Nutrition Director or her/his designee, will be rejected by the School District. The School District will not be responsible to purchase quantity of School District estimated usage affected by Vendor substitution.

14.2 Any substitution for a bid specification brought in by the Vendor to alleviate a Vendor out of stock, or discontinued production, must be (1) of the same or higher quality as the regular stock and (2) the same or similar cost as the regular stock. Substituted products are approved by the School District. The invoiced price for a substituted product is to be adjusted to the current or lower bid price per serving/unit to avoid incorrect billing at time of delivery.

14.3 Any substitution for a bid specification brought in by the Vendor to alleviate a manufacturer out of stock, or discontinued production, must be (1) of the same or higher quality as the regular stock and (2) the same or similar cost as the regular stock. The invoiced price for a substituted product is to be adjusted to the current or lower bid price per serving/unit to avoid incorrect billing at time of delivery. Substituted products are approved by the School District.

14.4 The fact that a substitute is being made shall be clearly stated on the invoice, or provided on a separate invoice. If a School District employee signs the invoice for a non-approved product, it may be refused and picked up within seven (7) days by the Vendor.

14.5 Any substitution of a Non-Domestic product for a domestic product, originally a part of the RFB must be approved in advance, in writing, by the School Nutrition Director, prior to the delivery of the product to the School District.

14.6 If a substitute product is not approved by the School Nutrition Director, or designee, the School District 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, which would have been paid, had the product been delivered. The Vendor shall have no basis to complain that a 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.

14.7 If a substitute product is not available OR if the Vendor delivers an item that is rejected due to being delivered in improper conditions, the School District 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, which would have been paid, had the product been delivered. The Vendor shall have no basis to complain that a 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.

14.8 If a bid product is discontinued by the manufacturer, the Vendor shall immediately notify the School District to recommend a replacement product.

15.0 TRANSMITTAL OF DELIVERY ORDERS

15.1 Orders will be submitted to the Vendor awarded the Contract by the School District on a schedule and by a method that is mutually agreeable to both parties. The School District prefers the shortest lead time possible in order to minimize inventory levels at schools. The School District will give a 24-hour notice for an order cancellation not related to weather.

15.2 Orders may be transmitted verbally, electronically or by fax as mutually agreed upon by the Vendor awarded the Contract and the School District. Order guides (pre-printed) 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 use of their ordering system to necessary School District personnel. The Vendor must block non-bid items from electronic ordering systems available to the School District.

15.3 The Vendor awarded the Contract shall provide a representative to screen orders, discuss orders with the School Nutrition Director, or designee, as needed; the representative shall 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.

16.0 BILLING AND PAYMENT REQUIREMENTS

16.1 Payment will be due to the Vendor awarded the Contract within thirty (30) days of date of the statement, or more frequently, as designated by the School District.

16.2 The Vendor awarded the Contract shall provide each School with two copies of delivery ticket.

16.3 The Vendor awarded the Contract shall issue credit memorandums for returned/picked up items within ten (10) working days from the request to do so. Failure to issue credit memorandums in a timely basis shall constitute grounds for withholding payments.

16.4 It is understood and agreed that all products ordered directly by the district will be shipped to a location designated by the district at the established contract prices as awarded in this contract and in effect on dates orders are placed. Invoices will be provided by the Vendor within 30 days of the date of purchase. Invoicing at variance with this condition will be subject to correction to the contract price prior to payment being made. The district agrees to pay invoices within 30 days of receiving a correct invoice. Vendor may withhold shipments if the district fails to pay correct invoices on time. Under no circumstances may a Vendor withhold shipment of goods when the failure to pay is the result of the Vendor not providing a correct invoice.

17.0 SITE DELIVERIES

17.1 Deliveries shall be made to schools on a regular schedule between hours that are mutually agreed upon by the School Nutrition Director and Vendor in a meeting after award of the Contract. Normal delivery hours are 7 am to 2 pm Monday thru Friday. Any deviation of the Vendor from the schedule will require notification of the School Nutrition Director, or designee.

17.2 Delivery schedules shall be submitted by the Vendor to the School Nutrition Director for approval a minimum of two (2) weeks prior to the first delivery and remain constant. To the degree possible, delivery routes should feature dedicated trucks that deliver in sequence to district schools on a predictable time – table. Conflicts with arrival and departure of students may require Vendor changing delivery routes for safety concerns.

17.3 The Vendor…