WSFCS Child Nutrition Bolton equipment 260-04042024-481015.pdf

WINSTON SALEM/FORSYTH COUNTY SCHOOLS

Procurement Services Department

WINSTON SALEM, NC 27105

(336) 748-4005

REQUEST FOR PROPOSAL FOR:

COMMERCIAL KITCHEN EQUIPMENT

RFP #: 260-04042024-481015

DATE ISSUED: Monday, April 8, 2024

DEADLINE FOR SUBMTTING QUESTIONS:

DATE: Friday April 19, 2024, BY 3:00 P.M.

BIDS WILL BE RECEIVED: Tuesday April 30, 2024 @ 2:00 P.M.

SEALED bids shall be mailed to:

WS/FCS Purchasing Department ATTN: John Mann

Procurement Services Director 3367484005 jwmann@wsfcs.k12.nc.us mailto:jwmann@wsfcs.k12.nc.us

BID #260-04042024-481015

Commercial Kitchen Equipment

4/8/2024

General Terms and Conditions

1.1 Purpose/Scope of Bid

The purpose of this Bid is to solicit the service of an equipment supplier to provide kitchen equipment. Please see the Scope of Work in this RFP for detailed description of requirements to fulfill this duty and be eligible for bid award.

1.2 Proposal Due Date

The due date of this bid is Tuesday April 30, 2024, by 2:00 pm. An original and two (2) copy shall be provided.

1.3 Instructions to Vendors

The department responsible for this bid is WSFCS Purchasing Department, John Mann Jr., Director of Procurement Services, 475 Corporate Square Drive, Winston Salem, NC 27105, 336-748-4005.

Questions can be sent electronically to jwmann@wsfcs.k12.nc.us .The deadline for submitting questions is Friday April 19, 2023 by 3:00 p.m. There will be no response to questions submitted after this date. All questions and answers will be published and provided to all vendors as soon as possible.

Submission: The submission of a response shall be prima facie evidence that the vendor has full knowledge of the scope, nature, quality of work to be performed, the detailed requirements of the project, and the conditions under which the work is to be performed.

Faxed/emailed proposals ARE NOT acceptable. All bids must be submitted by the date and time of public opening (see above). Bids must be submitted on the forms provided in a sealed envelope clearly marked (typed or blocking lettering only) with the vendor's name, return address, Bid Kitchen Equipment, and the opening date and time. An original and two (2) copy of the bid shall be provided.

Bids must be addressed to: Winston Salem/Forsyth County Schools, Attn: John Mann Jr., Director of Procurement Services located at 475 Corporate Square Drive, Winston Salem, NC 27105. Include bid number on outside mail packaging.

Bids not submitted in the format as instructed by this bid may not be accepted. Addendums to this bid, once filed, may be submitted in a sealed envelope only and must be properly identified, prior to the opening hour.

Receipt of Bid / Late Bid: Sealed bids shall be received at the place and until the time indicated in this bid. It is the sole responsibility of the vendors to ensure timely delivery of the bid. WS/FCS will not be responsible for failure of service on the part of the U.S. Postal Service, courier companies, or any other form of delivery mailto:jwmann@wsfcs.k12.nc.us service chosen by the vendor.

Bids received after the date and time specified shall be considered LATE and shall not be considered for award.

Accuracy of Proposals / Withdrawal of Proposals prior to Bid Opening: Proposals will represent a true and correct statement and shall contain no cause for claim of omission or error. Proposals may be withdrawn in writing or by facsimile {provided that the facsimile is signed and dated by vendor's authorized representative) at any time prior to the opening hour. However, no proposal may be withdrawn for a period of one hundred twenty (120) days subsequent to the opening of the bid.

Addenda: The only method by which any requirement of this solicitation may be modified is by written addendum. If an addendum to the proposal document is required, WS/FCS will mail the addendum within a reasonable time prior to the due date. WS/FCS is not responsible if a vendor does not receive the proposal revision in time to include the information with the proposal submission. Proposals may not be considered if they do not include acknowledgement of a formal addendum. Addendums will be mailed to all vendors of record and such addendum shall be acknowledged by signing and including in your proposal submission.

Indemnification: The vendor shall protect, indemnify and hold WS/FCS harmless against any liability claims and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any incident to or arising out of occupancy, use, service, operations or performance of work in connection with the contract, resulting in whole or in part from the negligent acts or omissions of the vendor.

Disclosure: Vendor shall note any and all relationships that might be a conflict of interest and include such information with the RFP.

Subcontracting: No portion of this contract may be subcontracted without prior permission of the WS/FCS.

Minority businesses are encouraged to submit proposals for this project. Winston Salem/Forsyth County Schools reserves the right to reject any or all bids and to waive any irregularities or technicalities.

In accordance with Federal Law and U.S. Department of Agriculture policy, the Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, Section 168A-3.To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer

DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WINSTON SALEM FORSYTH COUNTY SCHOOLS (WS/FCS) may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. WS/FCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to WS/FCS.

GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. WS/FCS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. No goods or services should be shipped or provided prior to issuance of a Purchase Order to the vendor/contractor by WS/FCS.

TAXES: Any applicable taxes shall be invoiced as a separate item. G.S. 143-59.1 bars the Secretary of

Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

SITUS: The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

INSPECTION AT CONTRACTOR’S SITE: WS/FCS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WS/FCS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

PAYMENT TERMS: Payment terms are Net 30 days after receipt of correct invoice or acceptance of goods.

The using agency is responsible for all payments to the contractor under the contract. and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re- examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

PATENT: The contractor shall hold and save WS/FCS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

ADVERTISING: Contractor agrees not to use the existence of this contract or the name of the State of North Carolina as part of any commercial advertising.

ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, may: a. Forward the contractor’s payment check directly to any person or entity designated by the contractor, and b. Include any person or entity designated by contractor as a joint payee on the contractor’s payment check. In no event shall such approval and action obligate the State to anyone other than 1/19/2022 29 the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

INSURANCE COVERAGE: - During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist; and $1,000.00 medical payment. REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor’s liability and obligations under the contract.

GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the contractor provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party. Such notice of cancellation, as required herein, shall be transmitted via U.S. MAIL, Certified, Return Receipt Requested. The 30 days’ notice for cancellation shall begin on the day the return receipt is signed and dated.

QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases thereunder.

PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the contractor to other customers. a. Notification: Must be given to WS/FCS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature. b. Decreases: WS/FCS shall receive full proportionate benefit immediately at any time during the contract period. c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with WS/FCS reserving the right to accept or reject the increase or cancel the contract. Such action by WS/FCS shall occur not later than 15 days after the receipt by WS/FCS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase. d. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation.

Applicable North Carolina sales tax shall be invoiced as a separate item.

SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND A. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students). B. At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the WSFCS ITB09/11 Supplies 12 last seven (7) years. In the event that the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the contractor.

Each prime contractor will be responsible for all their employees and all of their subcontractors working under them.

On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO – Student Resource Officer by 9:00 a.m. each morning. If there is no SRO – provide to the principal. This list will contain the name of each person on site and the company they work for. C. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property.

1. Child Molestation or Abuse or indecent liberties with a child. 2. Rape. 3. Any Sexually Oriented Crime. 4. Drugs:

Felony use, possession, or distribution. 5. Murder, manslaughter, or other death related charge; or 6. Assault with a deadly weapon or assault with intent to kill. D. Any individual with a prior conviction or pending charges contained in the list, shall be banned (not allowed) from any school project or property. E. Each person on site must wear a plastic laminated identification badge that identifies the name of the company and the person’s name. These badges are to be computer produced at a font large enough to be clearly visible. All costs associated with these criminal background checks is the responsibility of the contractor. The ID badge template will be made available to the successful prime contractors at the PreConstruction Meeting. F. Forsyth County Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property.

1.4 Format for Response

To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the proposal be organized in the format specified below.

• An original (clearly noted and signed) and one (1) copy of the proposal,

• A fully executed bid sheet,

• Review and signatures on Attachments 1-4,

• Appropriate Bonds

1.5 Evaluation

In evaluating the responsive proposals submitted, WS/FCS will apply the "Best Value" standard in selecting the vendor. Price is not the only criteria that will be used in the evaluation process. "Best Value" means the most advantageous balance of price/cost, quality, service performance, and other elements, as defined by WS/FCS. Any award resulting from this bid, will be made to that vendor whose offer conforms to the bid and it is determined to be the most advantageous, or "best value" to WS/FCS, in the sole judgment of WS/FCS. The selection process will include, but not be limited to, the following considerations:

1. The provider's ability to assist WS/FCS in meeting the overall goals of the bid.

2. The extent to which the goods or services meet WS/FCS needs.

3. The firm's overall experience, reputation, expertise, stability, and financial responsibility.

4. The vendor's past relationship with WS/FCS, if any.

5. The experience and qualifications of the staff.

6. Vendor's financial terms and product design offered to WS/FCS.

7. Any other relevant factor that a private business entity would consider in selecting a vendor.

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

1.6 Specifications

Catalog numbers, brand names, or manufacturer’s product or reference numbers used in the item specifications are intended to be descriptive, not restrictive. These references, as well as “approved brands” listed, are intended to identify and indicate the type of product being sought and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or product number references.

In most cases, bids on brands of equivalent nature and quality will be considered, provided they are regularly produced products from a reputable manufacturer. However, in some cases, the SFA may find it advantageous to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these cases, preferences will be given to the specific products identified as “approved brands” especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or products are identified, it is preferable for the offeror to propose the exact item specified, in addition to an alternate brand or model where desired.

All bids must identify the manufacturer, model, and specifications of the equipment being offered. “Pre- Approved Equal” Brands may be allowed where indicated. To offer “Pre-Approved Equal” items, rather than any “approved brand” specified, the offeror must supply a complete description and sufficient data for the SFA to properly analyze the product being compared. Samples may be requested for items other than “approved brands”. These “Pre-Approved Equal” brands must be approved by the SFA before the bid opening. The SFA reserves the right to reject any brand submitted.

Substitutions: The SFA will not accept any substitutes after items(s) have been awarded as specified, unless such substitutions are deemed to be in the best interest of the SFA, and unless prior agreements have been reached and reduced to writing regarding such substitutions. Substituting without the prior approval of the SFA, will constitute a breach of contract by the vendor which may result in the initiation of actions covered in this General terms and Conditions document entitled “Remedies for Nonperformance of Contract, and Contract Termination” and the associated financial impacts attached thereto, and may jeopardize any future business from the SFA.

If the offeror fails to identify the manufacturer, brand, portion size, etc. for any item included in the bid, the SFA will assume the offeror is proposing the exact manufacturer/model identified in the specification, and if awarded, the offeror will be required to furnish the exact manufacturer/model identified in the specification.

Substitutions will not be allowed.

The apparent silence of the specifications as to any detail or the apparent omission from any specification of a detailed description concerning any point shall be regarded as meaning that only the best communication practices shall prevail. All interpretations of the specifications shall be made on the basis of this statement.

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

Any deviation from any of the item specifications, including the delivery of any product other than the specific brand of the product awarded, will be grounds for rejection of the product(s) when delivered, and will expose the vendor to the remedies identified in this General Terms and Conditions document entitled “Remedies for Non- Performance of Contract, and Contract Termination” and may jeopardize future business from the SFA.

1.8 Purchase Order Requirements

A response to this RFP is an offer to contract with the SFA based upon the Item Specifications and the General Terms and Conditions contained in the RFP. Offers do not become Contracts unless and until they are both accepted by the SFA through an Award Notice to the offeror. This contract shall collectively include (1) the General Terms and Conditions and the Item Specifications included in the RFP and any subsequent addenda thereto, (2) the offeror’s signed Bid Certification and any subsequent addenda thereto, (3) the offeror’s entire response to the RFP (4) the offeror’s Notice of Award document, (5) and any additional terms, conditions, or instructions. All binding agreements should be submitted as part of the bid packet. The contract shall be interpreted by and governed under the laws of the State of North Carolina.

1.9 Invoices and Payment Conditions

Invoices must reflect (a) the name and address of the vendor, (b) the name and address of the SFA building/location, (c) the period for which the invoice is addressing. Invoices must be mailed directly to the SFA address, come via email file, or be hand delivered.

In any case, payment will be made only after satisfactory delivery and acceptance of merchandise in good order, including the necessary documentation indicated above, and only after receipt of a correct Invoice form the vendor, including the necessary information indicated above. At the option of the SFA, invoices with incorrect prices or other errors or inconsistencies will not be paid until corrected by issuance of a corrected invoice. At the option of the SFA, invoices may be corrected upon receipt and payment may be made based upon their corrections.

1.10 Records Retention Requirements

By signing this bid, the offeror understands that the SFA, the U.S. Department of Agriculture, the NC Department of Public Instruction, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract, for the purpose of audits, examinations, excerpts, and transcriptions.

Additionally, the offeror must provide all documents as necessary for the independent auditor to conduct the SFA’s single audit. The SFA will contract to have the single audit conducted as a regular, direct expense to the SFA; Child Nutrition funds may not be used for this purpose.

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

1.11 Remedies of Non-Performance of Contract and Termination of Contract

If the vendor cannot comply with the terms and conditions in fulfilling its Contract as anticipated, the vendor must supply the same products or services contracted from other sources at the contract price. The vendor’s delay in the above will constitute the vendor’s material breach of contract, whereupon the SFA may terminate the vendor’s contract for cause as provided by the remainder of this section.

Unless this Contract is extended by mutual agreement of the parties beyond the expiration of the contract time period as stated on the Bid Certification, this Contract shall terminate upon the expiration of the contract term as stated on the Bid Certification.

Except as otherwise provided within the General Terms and Conditions of this document, this Contract may be terminated in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given 1) at least thirty (30) days written notice (delivered by certified mail, return receipt requested ) of intent to terminate, and 2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination. Valid causes for termination of this Contract will include, but are not limited to:

(1) the vendor’s failure to adhere to any of the provisions of the General Terms and Conditions of this RFP,

(2) the vendor delivering any product(s) that fail to meet the Item Specifications included in this RFP relating to the awarded product(s),

(3) the vendor delivering any substitution(s) of product(s) different than those originally proposed and awarded without the prior written approval of the SFA,

(4) the vendor’s failure to meet the required delivery schedules as identified in the contract documents, or

(5) the vendor’s violation of any other provision contained within these General Terms and Conditions or any attachment thereto which provides for contract termination as a remedy.

Notwithstanding anything contained in this section, in the event of the vendor’s breach of any provision in this contract, the SFA reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of its members, including, but not limited to, the purchase of other products of like type and quality from other sources in the open market. In the event the SFA elects to purchase other products from other sources, the SFA will invoice the vendor for any increased costs to the SFA, and the vendor agrees, by submission of a bid response, to promptly pay any such charges invoiced.

In the event the SFA terminates this Contract, in whole or in part, for any reason provided for within the contract, the SFA reserves the right to award the canceled Contract, or any portion thereof, to the next lowest or most responsible offeror as it deems such award to be in the best interest of the SFA.

Any Contract termination resulting from any cause other than a Force Majeure event will be deemed valid reason for not considering any future bid from the defaulting vendor.

In the performance of this contract, time is of the essence and these General Terms and Conditions are of the essence.

1.12 Right to Assurance

Whenever one party to this Contract in good faith has reason to question the other party’s intent to perform the questioning party may demand that the other party give a written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

1.13 Regulatory Compliance

1. The offeror and SFA mutually agree to comply with all applicable standards, orders or requirements issued pursuant to Section 306 of the Clean Air Act (42 USC 1857 [h]), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 117389 and Environmental Protection Agency regulations (40 CFR Part 15).

Any violations thereof shall be reported to the Administrator for Enforcement or other appropriate authority.

Each party shall not be responsible to the other for acts beyond its control or acts caused by the negligence of the other party.

2. The offeror agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 – 163).

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

4. The offeror shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act;

and FNS Instruction 113-6, “Civil Rights Compliance and Enforcement in School Nutrition Programs”.

5. The offeror shall comply with the “Buy American” provision for Contracts that involve the purchase of food and/or beverages as per 7 CFR Part 250.

6. The offeror shall comply with the provisions of the Consumer Product Safety Act.

7. The offeror shall complete and sign the Certification of Independent Price Determination form; Certification

Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form; and Disclosure Form to Report Lobbying and shall include these documents as part of the Agreement. (See Attachments)

8. The offeror shall abide by all applicable State and Federal laws and policies of the State Board of Education when providing services under this Contract.

1.14 Assurance of Non-Collusion

By signing this bid, the offerer assures that, to the best of his/her knowledge:

(1) Neither the offerer nor any business entity represented by the offerer has received compensation for participation in the preparation of the items specifications or the General Terms and Conditions related to this RFP,

(2) This bid has been arrived at independently and is submitted without collusion with any other offerer, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any offerer an unfair advantage over any other offerer with respect to this RRP.

(3) The offerer has not accepted, offered, conferred or agreed to confer, and will not in the future accept, offer to confer, or agree to confer any benefit or anything of value to any person or entity related to the SFA or any of its members in connection with any information or submission related to this bid, any recommendations, decision, vote or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or served related to this bid,

(4) Neither the offerer, nor any business entity represented by the bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of the state of North Carolina with regard to this bid, and this bid has not been knowingly disclosed, and will not be knowingly disclosed to another offerer, competitor, or potential competitor prior to the opening of bids.

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

1.15 Assurance regarding Legal and Ethical Maters

By signing this bid, the offerer assures that, to the best of his/her knowledge:

(1) he/she has read and understands all the General Terms and Conditions in this document and agrees to be bound by them, and is authorized to submit bids on behalf of the offering entity,

(2) the offerer has noted any and all relationships that might be conflicts of interest and included such information with his/her bid response,

(3) the bid submitted conforms with all item specification, these General Terms and Conditions, and any other instructions, requirements, or schedules outlined or included in this IFB or RFP,

(4) if this bid is accepted, in whole or in part, the offering entity will furnish any item(s) awarded to them under this IFB or RFP to the SFA at the proposed price and in accordance with the item specifications and the terms and conditions contained in this IFB or RFP,

(5) the offering entity has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with this bid,

(6) the offering entity has a high degree of integrity and business ethics, and a satisfactory record of performances, and has not been notified by any local, state or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from participating in this bid, it would in no other way whatsoever be disqualified to propose or receive any award or contract related to this bid, and the offeror will comply with any reasonable request from the SFA to supply any information sufficient to substantiate the proposing entity’s ability to meet these minimum standards,

(7) concerning paragraph (6) above, the offering entity has identified and disclosed in this written bid any and all known suspected matters that would disqualify it from participating in this bid or receiving any award or contract related to this bid, recognizing that the offer’s failure to identify and disclose any such matters constitutes its affirmation that no such matters exist, and that failure to disclose in this bid any such matters which do exist is a material breach of contract which would void the submitted bid or any resulting contracts, and subject the offeror to removal from all procurement lists and possible criminal prosecution

(8) the offering entity has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals or licensed necessary for lawful performance of its obligations under this contract,

(9) the prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality and/or performance of the products offered in the bid are and will remain the same or better than those offered to the vendor’s most favored customer under equivalent circumstances,

(10) the offering entity will comply with all laws relating to intellectual property, will not infringe on any third party’s intellectual property rights, and will indemnify, defend and hold the SFA and its members harmless against any claims for infringement of any copyrights, patents, or other infringements related to its activities under this contract,

(11) the offering entity will maintain, at the offering entity’s expense, any insurance necessary to protect the SFA and its members from all claims for bodily injury, death, or property damage that might arise from the performance by the offering entity or the offering entity’s employees or its agents or any service required of the offering entity under this contract; however, the existence of such insurance will not relieve the offering entity of full responsibility and liability for damages, injury, death or loss as described or as otherwise provided for by law,

(12) neither the SFA nor any of its members shall be liable to the offering entity for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) in the event that the SFA declares the offering entity in default,

(13) he/she understands that by signing the bid with any false statement is a material breach of the contract which will void the submitted bid or any resulting contract(s), and subject the bidder to removal from all procurement lists, and possible criminal prosecution,

(14) Offeror must comply with the State of North Carolina Conflict of Interest requirement as defined in General Statutes, Chapter 14-234.

1.16 Bid Acceptance

The period for acceptance of this bid will be ninety (90) calendar days unless a different period is indicated by the offeror.

1.17 Protest Procedure

Protests of awards exceeding $10,000 in value must be submitted to the issuing Agency at the address provided in the bid. Protests must be received in this office within 15 calendar days from the date of the Contract award and provide specific reasons and any supporting documentation for the protest.

1.18 Questions Regarding Request for Bid

Questions or requests for additional information concerning this bid or the specifications should be addressed to the responsible party listed in the bid documents.

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

1.19 Projected RFP timetable

The WS/FCS Child Nutrition Department reserves the right to adjust this timetable as required during the course of the RFP process.

April 8 RFP Published April 19 Deadline for Vendor Questions April 23 Questions responded to by group email

Scope of Work

PART 1 - GENERAL

RELATED DOCUMENTS

The general provisions of the contact including general and supplementary conditions and general requirements apply to the work specified in this section.

RELATED WORK SPECIFIED ELSEWHERE:

Plumbing: Refer to architectural drawings, including:

Rough-in piping for gas and water supply and waste lines.

Piping for supply and waste lines.

Traps, great traps, line stainers, tail pieces, valves, stops, shutoffs, and miscellaneous fittings required for complete installation.

Final connections.

Mechanical: Refer to architectural drawings, including:

Roof mounted fans and connecting ductwork not shown as part of the kitchen equipment.

Final connections, including approved welded duct connections to hoods.

Exhaust hoods and ductwork are included in HVAC subcontract.

Electrical: Refer to architectural drawings, including:

Rough-in conduit, wiring, line and disconnect switches, safety cut-offs and fittings, control panels, fuses, boxes and fittings required for complete installation.

Final connections, including mounting and wiring of starters and switches furnished as part of the food service equipment (unless otherwise indicated on the Drawings).

WORK INCLUDED IN THIS SECTION

Furnish and install all food service equipment as specified herein, including that which is reasonable inferred, with all related items necessary to complete work shown on contract drawings and/or required by these specifications. Work shall also include moving existing food service equipment to an area on school grounds remote from the kitchen area and re-installation of this equipment as shown on the drawings.

Electrical Work: Inter-wiring of food service equipment between components within equipment, such as heating elements, switches, thermostats, motors, etc., complete with junction box or disconnect switch as is applicable, ready for final connection.

Voltages shall be as indicated on contract drawings. Any differences in electrical characteristics at job site from those shown on contract documents must be submitted to Architect for consideration prior to ordering equipment.

Plumbing Work: Furnish all equipment with faucets, sink waste assemblies, and trim as specified in this section.

Extend all indirect waste lines to nearest floor receptor. All such drain lines to be properly sized. Drain shall terminate with proper air gap above flood rim of floor receptor.

Mechanical Work: Exhaust hoods by HVAC Section.

QUALITY ASSURANCE:

It is required that all custom fabricated equipment such as food serving units, tables, sinks, counter tops, etc., be manufactured by a food service equipment fabricator who has the plant, personnel and engineering equipment required.

Such manufacturer shall be subject to approval of Architect. All work in above category shall be manufactured by one manufacturer, and shall be of uniform design and finish.

Manufacturer of this equipment must be able to show that he is now and for the past five years has been engaged in manufacture or distribution of equipment, as required under this contract, as his principal product.

Manufacturer of equipment herein specified shall be a recognized distributor for items of equipment specified herein which are of other manufacture than his own.

Only manufacturers who can meet the foregoing qualifications will be acceptable.

SUBMITTALS

Submit shop drawings as required by General Conditions.

Shop drawings and bound brochures covering manufactured or “buy-out” items covering all work and equipment included in this contract shall be submitted to Architect as soon as possible after award of contract. After approval, Food Service Equipment Contractor shall furnish to Architect sets of shop drawings and brochures, corrected as required by virtue of review comments, for distribution to various interested trades on project. All costs of reproduction and submission shall be part of the contract.

Provide fully dimensions rough-in plans at ¼” scale, showing all required mechanical, electrical, ventilation, water, waste, and refrigeration services for equipment and rough-in location for same. Rough-in locations shown shall make allowances for required traps, switches, etc., thereby not requiring interpretation or adjustment on the part of other Contractors. Drawings shall indicate dimensions for floor depressions, wall openings, etc., for equipment.

Food Service Equipment Contractor shall visit site to verify all rough-in and sleeve locations prior to installation of finished floors, and shall cooperate with other Contractors involved in proper location of same. Food Service Equipment Contractor shall be responsible for any required relocations of rough-in due to errors or inaccuracies on those rough-in plans, which he prepares.

Rough-in plans shall include all required services which relate to equipment but which may not directly connect thereto, such as convenience outlets at walls, hose stations, floor drains, ceiling exhaust grilles, etc.

Rough-in plans shall also include all required outlet services for equipment that is designated as “new”, “future”, or “reset”, even though such equipment may not be included in this contract.

Fully dimensioned and detailed shop drawings of custom fabricated equipment items shall be submitted, drawing at ¾” and 1½” scale for plans, elevations and sections respectively. Drawings shall show all details of construction, installation, and relation to adjoining and related work where cutting or close fitting is required. Drawings shall show all reinforcements, anchorage, and other work required for complete installation of all fixtures.

Do not begin fabrication of custom manufactured equipment until approvals of shop drawings have been received and until field measurements have been taken by Food Service Equipment Contractor, where such measurements are necessary to assure proper conformance with intent of contract drawings and specification.

Make field measurements, giving due consideration to any architectural, mechanical, or structural discrepancies which may occur during construction of building. No extra compensation will be allowed for any difference between actual measurements secured at job site and dimensions indicated on contract drawings.