| Agency: | State Government of North Carolina |
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| State: | North Carolina |
| Type of Government: | State & Local |
| NAICS Category: |
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| Posted Date: | Apr 14, 2026 |
| Due Date: | May 14, 2026 |
| Solicitation No: | 237-820-26-27 Bread Bid |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
| Solicitation Number: | 237-820-26-27 Bread Bid |
| Project Title: | 820-26-27 Bread Bid |
| Description: | Sampson County Schools School Nutrition Services, request for bid for bread for the 2026-2027 school year |
| Opening Date: | 5/14/2026 9:00 AM |
| Posted Date: | 4/15/2026 |
| Status: | Open |
| Department: | SAMPSON COUNTY BOARD OF EDUCATION |
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Solicitation Number
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237-820-26-27 Bread Bid
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Department
SAMPSON COUNTY BOARD OF EDUCATION
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Status Reason
Open
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Opening Date
2026-05-14T09:00:00.0000000
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Posted Date
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2026-04-14T20:40:04.0000000Z
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Primary Commodity Code
Bread and bakery products
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Mandatory Conference/Site Visit
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Special Instructions
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Solicitation Type
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Select RFP IFB RFI
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Owner
Cyndi Mesimer
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Description
Sampson County Schools School Nutrition Services, request for bid for bread for the 2026-2027 school year
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Sampson County Schools
School Nutrition Services
Request for Bid (RFB)
RFB# 820-26-27 Bread Bid
USDA NON-DISCRIMINATION STATEMENT
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.
To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov .
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This institution is an equal opportunity provider.
Sampson County Schools
School Nutrition Department
RFB# 820-26-27 Bread Bid
Request for Bid
This invitation is issued to Vendors with interest in bidding a contract for the procurement and daily (M,T,TH,F) delivery of fresh bread products 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
Name: Melissa Smith
E-Mail: msmith@sampson.k12.nc.us
Phone: Office 910-592-4111
BID PERIOD: August 1, 2026 – July 31, 2027
BID OPENING DATE: Thursday, May 14, 2026 TIME OF BID OPENING: 9:00 a.m.
LOCATION: Sampson County Schools Auxiliary Services Conference Room
2081 Indian Town Road, Clinton, NC 28328
Mobile Unit in the Back
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 am, Thursday, May 14, 2026. Envelopes should be labeled:
RFB# 820-26-27 Bread Bid
SEALED BID 5/14/26 9am
• Bids mailed or sent via commercial carrier must be received by 5 pm, Wednesday, May 13, 2026. It is the Vendor’s sole responsibility to assure a mailed bid is received by the deadline, no exceptions. Mail tracking delivery is recommended, but DO NOT require a signature for delivery. Please note different addresses below, depending on method of delivery.
United States Postal Service: Commercial Carrier (Fed Ex, UPS):
Sampson County Schools Sampson County Schools
437 Rowan Road 2081 Indian Town Road
Clinton, NC 28328 Clinton, NC 28328
ATTN: Melissa Smith ATTN: Melissa Smith
RFB# 820-26-27 Bread Bid RFB# 820-26-27 Bread Bid
SEALED BID 5/14/26 9am SEALED BID 5/14/26 9am
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 Melissa Smith. 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/Co-Op Representative after local approval. One copy is filed by the School District 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
• Original Bid Period: August 1, 2026 thru July 31, 2027. The awarded contract may be renewed for up to four (4) one-year agreements. In such renewals, the School District and the current Vendor agree to “renew, lower, or increase” the fixed fee price of the original RFB/Contract.
• 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.
2. Vendor Checklist – Check off list of required documents – Place as Top Page of the bid packet.
3. RFB# 820-26-27 Bread Bid Terms and Conditions – Copy for Vendors file, do not return with bid packet.
4. RFB# 820-26-27 Bread Bid Attachments A – J – Completed and signed with original Vendor signature.
5. RFB# 820-26-27 Bread Bid Spreadsheets – Vendor is to complete and return with the School District bid package.
6. 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.
7. 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
• 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 # 820-26-27 Bread 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. All contract documents are signed and attached.
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___________________________________________________________________ |
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Name of Vendor Representative (print) |
Original Signature of Vendor Authorized to Sign/Date |
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_____________________________________________________________ |
___________________________________________________________________ |
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Title of Vendor Representative |
Name of Company |
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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.
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_____________________________________________________________________ |
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Name of School District Representative (print) |
Signature of School District Representative |
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______________________________________________________________ |
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Title of School District Representative |
Date_____________________________ |
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______________________________________________________________ |
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Name of School District |
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School Name/ Manager Name
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Address |
City, State, Zip - Phone |
Average Breakfast Meals Per Day |
Average Lunch Meals Per Day |
Avg. After School Snacks Per Day |
Avg. Summer Participation Per Day |
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Clement Elementary Ellen Diego |
3220 Maxwell Road |
Autryville, NC 28318 |
191 |
275 |
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Hargrove Elementary Angie Deaver |
7725 Faison Hwy |
Faison, NC 28341 |
272 |
315 |
50 |
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Hobbton Elementary Paula Horne |
12361 Hobbton Hwy. |
Newton Grove, NC 28366 |
148 |
313 |
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Hobbton Middle TBD |
12081 Hobbton Hwy. |
Newton Grove, NC 28366 |
168 |
343 |
50 |
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Hobbton High Wendy Phillips |
12201 Hobbton Hwy. |
Newton Grove, NC 28366 |
67 |
299 |
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Lakewood High Lesia Bennett |
245 Lakewood School Rd. |
Salemburg, NC 28385 |
84 |
263 |
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Midway Elementary TBD |
15375 Spivey’s Corner Hwy |
Dunn, NC 28334 |
124 |
350 |
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Midway Middle Brandi McLean |
1115 Robert’s Grove Rd. |
Dunn, NC 28334 |
92 |
396 |
50 |
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Midway High Shanna Murphy |
15274 Spivey’s Corner Hwy. |
Newton Grove, NC 28366 |
111 |
450 |
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Plain View Elem. Elizabeth Morgan |
4140 Plain View Hwy. |
Dunn, NC 28334 |
125 |
250 |
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Roseboro Elementary Ashley Melvin |
180 Butler Island Rd. |
Roseboro, NC 28382 |
144 |
311 |
50 |
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Roseboro-Salemburg Middle Rebecca McLamb |
305 W. Pleasant St. |
Roseboro, NC 28382 |
133 |
304 |
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Salemburg Elem. Karen Oates |
404 E. College Street |
Salemburg, NC 28385 |
205 |
367 |
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Union Elementary Jessica Tyndall |
10400 Taylor’s Bridge Hwy |
Clinton, NC 28328 |
283 |
366 |
50 |
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Union Intermediate Kala Starnes |
1190 Edmond Mathis Rd. |
Clinton, NC 28328 |
159 |
329 |
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Union Middle Shellia Smith-Anders |
455 River Rd. |
Clinton, NC 28328 |
93 |
297 |
50 |
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Union High Amy Foss |
1189 Kader Merritt Rd. |
Rose Hill, NC 28458 |
105 |
315 |
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School District Profile
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 – IRAN DIVESTMENT REQUIREMENT FORM
ATTACHMENT I – NO BID RESPONSE
ATTACHMENT J – VENDOR INFORMATION FORM
ADDITIONAL BID ATTACHMENTS:
• SCHOOL DISTRICT PROFILE AND CALENDAR
1.0 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 by the school district within ten (10) calendar days prior to the bid opening date. 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– msmith@sampson.k12.nc.us
1.4 Firm FIXED FEE/PRICE BID: This method for calculation of this bid is Firm Fixed Fee/Price. The firm fixed fee/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 CONTRACT DECLARATIONS AND SCHOOL PROFILE
Sampson County Schools and 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 Bread items 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 and this RFB with all attachments and addenda hereto awarded will become the Contract between the School District and the awarded Vendor.
Sampson County Schools requires the Vendor awarded the Contract be fully acquainted with terms and conditions relating to the scope and restrictions involved in the execution of the work described in this contract for Sampson County Schools. 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 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.
A School District Profile, which includes pertinent information about the district such as the school names, addresses and current average daily breakfast and lunch meals served, average daily snacks served, district payment schedule and, where appropriate, average daily participation in the Summer Food Service Program, Summer Non-Congregate Meal Program, Seamless Summer Option or other meal program is included in the RFB.
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 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 the 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.
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 A - 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 present a professional appearance always 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 (including vapors and electronic cigarettes), 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 STATUE 14-208.18: The Distributor 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 B.
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 Official Vendor Bid Certification Form.
(2) Any change to the RFB/CONTRACT language by the Vendor
6.2 BUY AMERICAN PROVISION AND COUNTRY OF ORIGIN: The Distributor 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 Child 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.
Limited Exceptions to the Buy American Provision. There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting the “domestic” standard as described above (i.e., “non-domestic”) in circumstances when use of domestic foods is truly not practicable. These exceptions, as determined by the SFA, are:
1. The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities
of a satisfactory quality; or
2. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.
3. Competitive Bids reveal the cost of a domestic product is significantly higher than a non-domestic product or; product(s) may qualify under the Richard B. Russell National School Lunch Act’s Buy American provision for purchasing food and food products used in School Nutrition Programs which states that products are acceptable provided over 51% of the final processed product(s) consist of agricultural commodities that are of US origin.
6.3 PRICE FOR EACH PRODUCT: A cost price should be submitted for each bid specification identified for Vendor pricing in the bid spreadsheets.
6.4 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.
6.5 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 Fee/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 original contract runs from August 1, 2026 thru July 30, 2027?/. The awarded contract may be renewed for up to four (4) one-year agreements.
7.1 FIRM FIXED PRICE/FEE –The Fixed 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 FIXED FEE AND PRODUCT SUBSTITUTION: In the event of a product substitution, the Fixed - Fee charged by the Vendor shall also apply to all other pre-approved brands in that specification and any optional brand priced or offered by the Vendor and approved by the School District for that bid specification.
7.3 ECONOMIC PRICE ADJUSTMENT: Product pricing may be adjusted annually at bid renewal. In such renewals, the School District and the current Vendor agree to “renew, lower, or increase” the fixed fee price of the original RFB/Contract.
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. Please indicate pack size on sheet.
8.2 The unit price for bread is to be provided in packs.
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.
9.2 BILL BACKS: Per USDA Regulation 210.21, manufacturer cash discounts, label allowances, group
Allowances - 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 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.
9.4 COMMUNICATION: The awarded Vendor shall communicate continuously via electronic messaging with the School District customer concerning product orders, product movement levels, substitutions, inventory issues, manufacturer shortages, etc.
9.5 CUSTOMER ISSUES: 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.
9.6 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 bread products.
9.7 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
9.8 Interface with Manufacturers: 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.
9.9 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.
9.10 MINIMUM SHIPMENTS: The awarded Vendor must provide bid product brands/codes requested by
the School District, provided the School District meets manufacturer minimum shipment requirements to the Vendor.
9.11 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. However, if an unapproved, non – domestic product is delivered to the School District and not rejected, the Vendor shall be held responsible for any over-claims that may result from failure to meet the School District’s required meal pattern. Note: If not rejected at delivery, the Vendor’s return policy becomes effective for credit. Agricultural products which are grown, canned or packed outside of the United States may be accepted by the school district (in writing) with proof from manufacturer that poor Market conditions exist (weather, and/or supply availability of market).
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