26-F0014-ITB-EQUIPMENT PURCHASES FOR NUTRITION SERVICES

SECTION I - INSTRUCTIONS TO BIDDERS
1. AUTHORITY
This solicitation is issued pursuant to Fairbanks North Star Borough School District Board Policy, including
Policy 440 as supplemented by Administrative Regulation 440.12.
2. PURPOSE
These instructions outline the procedures to be followed in submission of a bid or quotation, the evaluation
of bids and quotations, and the award of a contract. The terms "solicitation", "request for quotation" (RFQ),
"invitation to bid" (ITB), and "invitation for bids" (IFB) are used interchangeably and have the same meaning
in these instructions. The terms "offer", "bid", and "quotation" all refer to a vendor's offer to sell at the prices
specified on the bid schedule and are used interchangeably.
3. SOLICITATION REVIEW
Offerors shall carefully review this solicitation for ambiguities. Offeror's comments concerning ambiguities
in this solicitation must be made in writing and received by the Buyer at least four (4) business days before
the due date. Such comments will allow time for an amendment to be issued, if one is required. Offerors
should send any such comments to the Buyer listed on the front of this solicitation. Offeror's protests based
upon any omissions, errors, or the content of this solicitation will be disallowed if not made known prior to
the solicitation opening.
Any attempt to make additions, deletions, or corrections to the solicitation document(s), or change or qualify
a material condition of the solicitation may be construed as a lack of "Good Faith" and may be cause for
forfeiture of a bid bond and/or rejection of the bid.
4. INTERPRETATION OR REPRESENTATIONS
The FNSB School District assumes no responsibility for any interpretation or representations made by any
of its officers or agents unless interpretations or representations are incorporated in a written amendment to
this solicitation. No oral interpretation will be made to any Offeror as to the meaning of this solicitation or
any part thereof. Every request for such interpretation shall be made in writing to the Buyer. Oral
explanations or instructions given before the award of the contract will not be binding. Every interpretation
made to an offeror will be in the form of an amendment to this solicitation, but it shall be the offeror's
responsibility to make inquiry as to the amendments issued. All amendments shall become part of the
contract and all offerors shall acknowledge receipt of the amendments on the Bid offer acknowledgement
form. Failure to acknowledge receipt of the amendment may be cause for rejection of bids as non-responsive.
5. PRE-BID CONFERENCE
A pre-bid conference will not be held for this solicitation. Offerors are responsible for carefully reviewing
all solicitation documents and identifying any ambiguities, errors or omissions. All questions or concerns
must be submitted in writing to purchasing@k12northstar.org in accordance with the "Solicitation Review"
section of this document.
6. CONFLICTING TERMS
In the event that the Special Terms and Conditions (Section III) conflict with the Conditions of Purchase
(Section II) or the Instructions to Bidders (Section I), the Special Terms and Conditions shall take precedence
over Sections I and II of this solicitation.
7. SOLICITATION FORMS
Offerors will submit bids or quotations as provided for in Section IV; offerors shall use the Supplement Bid
Schedule and Offer Spreadsheet Forms and Offer form provided for in Section IV. Offer shall be signed by
an agent authorized to bind the company submitting the bid. All alterations/corrections of the bid shall be
initiated by the signer of the bid.
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8. QUANTITIES
Unless otherwise specified herein, the School District intends to purchase the quantities indicated on the BID
SCHEDULE AND OFFER forms. However, the School District's requirements may change prior to issuing
a purchase order and reserves the right to increase or decrease quantities at its discretion.
9. FIRM PRICING
Unless otherwise specified herein, the vendor shall hold pricing good and firm for a period of 60 days to
allow for bid evaluation.
10. SUBMITTING BIDS
Only SEALED bids may be submitted. Bids must be received prior to the opening date and time.
a. Mailed or hand delivered bids must be submitted in a sealed envelope, marked and addressed as
shown below. Envelopes with bid numbers written on the outside will not be opened until the
scheduled date and time. Bids must be received prior to the opening date and time.
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| Bidder's Return Address
XXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXX
FNSB School District
Shipping & Receiving
1300 Minnie St.
Fairbanks, Alaska 99701-2809
Bid No: (insert the bid number on your envelope)
| Opening Date: (insert the opening date on your envelope)
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b. Neither the Fairbanks North Star Borough School District nor its officers or employees shall be
responsible for the premature opening or failure to open a bid which is not properly addressed or
identified.
c. The FNSB School District Purchasing Department is located at 520 5th Ave, Fairbanks, Alaska,
99701; and is open for business from 8:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m., Monday
through Friday. Acceptance of Special Delivery mail is not available Saturday, Sunday or holidays.
The ultimate responsibility for the delivery of the bid document lies with the bidder. The FNSB
School District shall make no concession regarding postal service or any other form of conveyance
of the bid document even when timely delivery of the bid fails through no fault of the bidder.
d. Bidders are encouraged to mail return bids at least five (5) business days prior to bid opening. Bids
mailed less than five (5) business days before opening should be sent by Postal Express, DHL
Courier Express, or similar service. This is a suggestion only to minimize late bids received and
does not negate the aforementioned disposition of late bids.
e. Electronic, SEALED bids for this solicitation must be submitted exclusively through the School
District's adopted platform: [Public Purchase]. Registration is required; to submit sealed bids
electronically, go to: https://www.publicpurchase.com/ Vendors should ensure proper file
formatting, correct naming conventions, and complete data entry to avoid submission errors. Late
or improperly formatted electronic bids may be rejected.
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11. LATE BIDS
Bids received after the exact date and time specified for opening shall not be considered, and shall be held
unopened by the FNSB School District until after the award of the contract. The FNSB School District
reserves the right, at its discretion, to consider bids which have been delayed or mishandled by the FNSB
School District.
12. PRICES
a. The offeror shall state prices in the units of purchase specified on the BID SCHEDULE AND
OFFER form. Prices quoted for commodities or services must be in U.S. funds and include
applicable federal duty, brokerage fees, packaging, and transportation cost to the FOB point so that
upon transfer of title the commodity can be utilized, or the services can be provided without further
cost.
b. Prices quoted must be exclusive of federal, state, and local taxes. If the offeror believes that certain
taxes are payable by the FNSB School District, the offeror may list such taxes separately, directly
below the unit price for the affected item.
c. The School District shall receive the benefit of any general reduction in Seller's price prior to
delivery and in no event shall the School District be charged higher prices than the Seller's similar
customers who take delivery in substantially the same amounts and substantially similar
circumstances.
13. SPECIFICATIONS
The specifications contained herein reflect items that have been purchased in the past or are of known
quality and are acceptable to the FNSB School District. Specifications describe the product in terms of
general style, type, quality, workmanship, economy of operation, performance, characteristics, and
suitability for the intended purpose. All items provided as a result of this solicitation shall be new, and
manufacturer's warranties shall survive School District ownership, with the offeror required to honor
such warranties. If the item specifications indicate "no substitute" or "only", offers for any item other
than the specified product will not be considered.
If the item specifications indicate "or equal" or "alternative", offerors may propose products other than the
specified item, provided that the alternate is equal in general style, type, quality, workmanship, economy of
operation, performance, characteristics, and suitability for the intended purpose. Offerors must identify the
brand name of the alternate product and provide descriptive literature sufficient to allow the FNSB School
District to make an informed determination of suitability. Failure to provide adequate descriptive literature
may result in the bid being declared non-responsive and rejected.
14. MULTIPLE OR ALTERNATE BIDS
Vendors are invited to submit multiple bids for this solicitation.
Offerors may submit more than one bid for the same Item or Lot, when the specifications allow for "or equal"
or "alternative" products. Each alternate bid must be clearly identified as an alternate and must be submitted
on a separate bid schedule form; descriptive literature must be included with each bid for an alternate item.
The FNSBSD will evaluate bids in accordance with the requirements stated in the solicitation. Alternate bids
that do not comply with these requirements may be considered non-responsive and may be rejected.
The FNSB School District retains the sole right to determine whether a product offered is equal to the
specified item and whether accepting or rejecting an alternative is in the best interest of the District. If there
is any doubt regarding the suitability of a product offered on an "or equal" basis, the product may be rejected.
Offerors warrant that any alternate product meets or exceeds the quality, workmanship, performance,
economy of operation, characteristics, and suitability of the specified item.
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15. WITHDRAWAL, MODIFICATION, OR CORRECTION
Bids may be modified, corrected, or withdrawn on written, FAX or telegraphic requests if received prior to
the time set for bid opening. Bids may not be modified, corrected or withdrawn verbally. The offeror bears
the same responsibility for delivery of bid modifications, corrections or withdrawals as for the original
document. All modifications, corrections, or requests for withdrawals must be clearly marked as such. The
original bid, as modified by such written communication will be considered as the offer. No offeror will be
permitted to withdraw his bid after the time set for opening bids.
Any attempt to make additions, deletions, corrections, or withdrawals after the bid opening may be construed
as a lack of "Good Faith" and may be cause for forfeiture of a bid bond and/or rejection of the bid.
16. VENDOR TAX ID NUMBER
If goods or services procured through this solicitation must be included on a Miscellaneous Tax Statement,
as described in the Internal Revenue Code, a valid tax identification number must be provided to the FNSB
School District before payment will be made.
17. ACCEPTANCE OR REJECTION OF BIDS
a. The FNSB School District may cancel the solicitation if such cancellation is in the best interest of
the FNSB School District.
b. A bid may be rejected when (1) the bid is not signed, (2) the offeror has failed to perform under
some other contract with the FNSB School District, (3) the offeror fails to supply bid or performance
bonds, plans, specifications, samples, descriptive literature, etc., when such item is called for in this
solicitation, (4) the bid fails to include acknowledgment of all amendments issued, (5) the bid
contains an alteration or erasure which is not initialed by the signer, (6) the offeror changes or
qualifies a material term or condition of the solicitation.
c. The FNSB School District has the authority to waive any and all minor deviations or irregularities
on any or all bids.
d. The School District reserves the right to reject all offers and procure the specified supplies or
services from contracts let by other government agencies.
18. AWARD OF CONTRACT
a. The resulting contract will be awarded to the responsible offeror submitting the low, responsive bid
complying with the requirements of this invitation, provided his bid is reasonable and it is in the
best interest of the FNSB School District to accept it. The FNSB School District, however, reserves
the right to reject any and all bids and to waive any minor informality or irregularity in bids received
whenever such rejection or waiver is in the FNSB School District's best interest.
b. The FNSB School District reserves the right to reject the bid of an offeror who has previously failed
to perform properly or complete on time contracts of a similar nature; to reject the bid of an offeror
who is not, in the opinion of the FNSB School District, in a position or qualified to perform the
contract; and any or all bids when such rejection is in the best interest of the FNSB School District.
c. Contingent upon the authorized Purchase Order, issue of a Notice of Intent to Award (NIA) shall
constitute acceptance of the Bidder's offer including all the terms and conditions specified in the
solicitation. Public notice of award will be made through posting the NIA and tabulation of
bids/quotations to the School district "Bid Board" located outside the Purchasing Dept. in the
Administrative Center. The FNSB School District administration shall post its Notice of Intent to
Award by 12:00 noon, on Wednesday preceding the scheduled Tuesday School Board meeting for
those contracts requiring School Board approval.
d. Method of Award:
i. An award in the aggregate is an "all or nothing" solicitation where the award is made to the
bidder whose total price is the lowest. The total price is calculated as the sum of the
extended prices. The extended prices are calculated by multiplying the bid price times the
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quantity. Bidders must bid on every item in an aggregate award solicitation for your bid
to be responsive.
ii. An award by lot is several aggregate award groups consolidated into one solicitation. Each
lot is awarded separately. The lot bid is calculated the same as an aggregate award except
each lot is calculated separately. Bidders must bid on every item within a lot for your bid
to be considered responsive for that lot.
19. CONTRACT FUNDING
Award in part or in whole is contingent upon available funding. In the event adequate funds are not
appropriated and allocated by the School Board, the School District reserves the right to cancel multi-year
terms or requirements at no penalty.
20. QUALIFICATIONS OF OFFERORS
At the option of the FNSB School District, and prior to Contract Award, an offeror may be requested to
submit a detailed statement of his qualifications, including his previous experience in performing similar or
comparable contracts, his business and technical organization, his financial resources and his equipment and
plant available to be used in performing the contemplated contract. The FNSB School District shall have the
right to take such steps as it deems necessary to determine the ability of the offeror to perform his obligations
under the Contract and the offeror shall furnish the FNSB School District all such information and data for
this purpose as may be requested. The right is reserved to reject any bid where an investigation of the
available evidence or information does not satisfy the FNSB School District the offeror is qualified to carry
out properly the terms of the Contract.
21. RESPONSIVE BID
A responsive bid is one which conforms in all material respects to the solicitation. The FNSB School District
reserves the right to waive technicalities or minor informalities in determining an offeror's responsiveness.
22. RESPONSIBLE OFFEROR
A person who has the capability in all respects to perform fully the contract requirements, and the tenacity,
perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure
good faith performance.
23. AGGRIEVED BIDDERS
The FNSB School District administration shall post its Notice of Intent to Award by 12:00 noon, on
Wednesday preceding the scheduled Tuesday School Board meeting for those contracts requiring School
Board approval. Any aggrieved bidder may appeal the award of a contract to the School Board in writing,
for those contracts requiring School Board action. The appeal must be received by the Director of
Procurement prior to 12:00 noon on the day of the School Board meeting at which award of the contract is
to be made. Appeals of contract awards not requiring School Board action must be submitted not later than
close of business five (5) calendar days after the posting of the bid results at the Purchasing Office. The
appeal must include the name of the person submitting the protest, the name of the bidder represented by that
person, the specific bid which is being appealed, a detailed explanation of the reasons for the appeal and the
form of relief requested. The aggrieved bidder must serve all other bidders with the notice of the appeal in
order to afford them the opportunity to rebut. Failure to give written notice of the appeal provided herein
constitutes a waiver by the aggrieved bidder's right of any objection to the award. (FNSB School District
Board Policy 442.21 - 442.24; Administrative Regulation 440.12.6.C)
24. BID PREPARATION COSTS
The FNSB School District is not liable for any costs incurred by the offeror in bid preparation.
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SECTION II - CONDITIONS OF PURCHASE
FNSB School District is hereinafter referred to as "Buyer". The following conditions apply to any Purchase Order
issued by the Buyer as a result of this solicitation.
1. ACCEPTANCE
Issue of a School District Purchase Order shall constitute acceptance of the Bidder's offer including all the
terms and conditions specified in the solicitation. Receipt of a Purchase Order shall cause initiation of
performance by the Seller. Acceptance is limited to the terms stated herein. Any additional or different
terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by an authorized
representative of the Buyer's Purchasing Department.
2. APPLICABLE LAW AND DISPUTES
Any dispute with respect to this Order shall be governed by the laws of Alaska and FNSB School Board
Policies. Any appeal of an administrative order and any original action to enforce any provision of this
agreement or to obtain any relief from remedy in connection with this agreement may be brought only in the
Superior Court for the Fourth Judicial District of Alaska.
3. CONTINUING OBLIGATION OF SELLER
Notwithstanding the expiration date of a contract resulting from this Order, the Seller is obligated to fulfill
his responsibilities until warranty, guarantee, maintenance, and parts availability requirements have
completely expired.
4. ASSIGNMENT
This Order or any interest hereunder shall not be assigned or transferred by the Seller without the prior written
consent of the Buyer. The Buyer shall not consent to any proposed assignment unless and until the Seller
furnishes the Buyer with two (2) executed copies of the assignment.
5. CHANGES
The Buyer may, at any time, and from time to time by written order from the Buyer's Purchasing Department
to the Seller, make changes in any one or more of the following: (a) method of shipment or packing; and (b)
time and/or place of delivery; and (c) the quantity of items ordered. If such change causes an increase or
decrease in the price of the Order or the time required to perform, an equitable adjustment shall be made and
the Order modified in writing accordingly. Any claim by the Seller hereunder must be asserted in writing
within fifteen (15) days from the date the change is ordered. Whether made pursuant to this clause or by
mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a
member of the Buyer's Purchasing Department.
6. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Seller shall comply with all applicable Federal, State and Local laws and ordinances and all lawful orders,
rules and regulations thereunder, including the applicable provisions of the Fair Labor Standards Act of 1938
as amended (29 U.S.C. Sec. 201219) and the Occupational Safety and Health Act of 1970 and all regulations
and standards and any amendments issued pursuant thereto. The Seller warrants that the items delivered
shall comply with the foregoing.
7. NON-DISCRIMINATION
The Fairbanks North Star Borough School District and all covered subcontractors shall abide by the
requirements of 41 CFR 60-1.4(a), 29 CFR Part 741, Appendix A to Subpart A, 60-300.5(a) and 60-
741.5(a). These regulations prohibit discrimination against qualified individuals based on their status
as protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations
require that covered prime contractors and subcontractors take affirmative action to employ and
advance in employment individuals without regard to race, color, religion, sex, national origin,
protected veteran status or disability.
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The Seller shall comply with the applicable provisions of the Federal Civil Rights Act of l964 and all
amendments thereto, and the Equal Employment Opportunity Act and all amendments thereto, the FNSB
School Board Policy, article 441, and all regulations issued thereunder by the Federal and State governments.
If the contractor fails to comply with such acts and regulations, the School District shall have the right to
immediately terminate this contract.
8. INDEMNITY
Except for claims arising out of acts caused by the sole negligence of the Buyer, its agents, servants or
employees, the Seller agrees to indemnify and hold harmless the School District, its agents, servants and
employees, from acts or omissions of any nature whatsoever of the Seller, its agents, servants and employees,
causing injury to, or death of person(s) or damage to property during the term of this contract, and from any
expense incident to the defense of the School District therefrom. The Seller agrees to hold the FNSB School
District harmless from and to defend it against, any and all claims arising from the purchase, installation,
and/or use of the equipment, articles and/or materials which are the subject of this Order.
9. DEFAULT
a. The Buyer may terminate this Order in whole or in part by written, telegraphic, or FAX notice:
i. if the Seller shall become insolvent or make a general assignment for the benefit of creditors, or
ii. if a petition under any bankruptcy act or similar statute is filed by or against the Seller and is not
vacated within ten (10) days after it is filed, or
iii. if the Seller fails to make delivery of the items or to perform the services within the time specified in
this Order, or any increments thereof or extensions thereto, or
iv. if the Seller fails to perform any other obligations under this Order, or so fails to make progress, so
as to endanger performance of this Order, or
v. if the Seller's financial condition shall become such as to endanger completion of performance.
b. If the Buyer terminates this Order in whole or in part as provided in paragraph (9.a) of this clause,
the Buyer may procure, upon such terms and in such manner as the Buyer may deem appropriate,
items similar to those terminated, and the Seller shall be liable to the Buyer for any excess costs of
such similar items; however, the Seller shall continue the performance of this Order to the extent
not terminated,
c. The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in
addition to any other rights and remedies provided by law or under this Order.
10. DELAYS
The Seller shall not be liable for any delays in delivery caused by circumstances beyond its control including
acts of God or of the public enemy, acts of the United States Government, fire, floods, epidemics, quarantine
restrictions, strikes, or embargoes. When any delays in delivery will occur or are anticipated, the Seller shall
immediately give notice thereof to the Buyer.
11. DELIVERY
The Buyer reserves the right to refuse late deliveries. Over-shipment allowances, if authorized, will be
applied to the entire Order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the
Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Order
by the most expeditious means and the total cost of such expedited shipment and handling shall be borne by
the Seller. Acceptance of late deliveries shall not be deemed a waiver of the Buyer's right to hold the Seller
liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller's obligation
to make future deliveries in accordance with the delivery schedule.
12. MATERIAL SAFETY DATA SHEETS
In accordance with SARA (Superfund Amendments and Reauthorization Act) Title III, the Seller is required
to provide Material Safety Data Sheets (MSDS) for all hazardous and potentially hazardous material shipped
pursuant to this order. The appropriate MSDS shall be included with each shipment if required by the SARA.
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13. INSPECTION AND ACCEPTANCE
a. All items are subject to final inspection and acceptance after delivery at the Buyer's plant.
b. If any items are defective in material or workmanship or otherwise not in conformity with the
requirements of this Order, the Buyer shall have the right to require their correction or to require replacement.
c. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery.
If not rejected within ten (10) working days after delivery, items shall be deemed to have been accepted.
d. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross
mistakes as amount to fraud, or with respect to the Buyer's rights under the "Warranty" clause.
14. INVOICING AND PAYMENT
A separate invoice shall be issued for each shipment and shall include the Purchase Order number. Invoices
shall not be issued prior to delivery of items. Payment shall not be made prior to receipt of items and an
invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the
Buyer's check is mailed. Payment will be made by check or credit card thirty (30) days after the latter of (1)
receipt of goods, (2) receipt of proper billing for goods, and (3) receipt of all documents required by this
Order. The FNSB School District will not pay state/local taxes, interest or late charges.
15. MODIFICATION OF ORDER
This Order contains all the agreements and conditions of sale and no course of dealing or usage of the trade
shall be applicable unless expressly incorporated in this Order. The terms and conditions contained in this
Order may not be added to, modified, superseded or otherwise altered except by a written modification signed
by an authorized representative of the Buyer's Purchasing Department and delivered by the Buyer to the
Seller. Each delivery shall be deemed to be only upon the terms and conditions contained in this Order
notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice or other
form of the Seller, and notwithstanding the Buyer's act of accepting or paying for any delivery or similar act
of the Buyer.
16. NO WAIVER OF CONDITIONS
The Buyer's failure to insist upon strict compliance shall not be deemed to be a waiver of any right, and
waiver of a right under this Order shall not constitute a waiver of any other right or waiver of any other
default under this Order.
17. PACKING AND MARKING
The Seller shall be responsible for safe and adequate packing of the items which shall conform to the
requirements of carriers' tariffs. The Seller shall separately mark all cases and packages with the appropriate
Purchase Order number. An itemized packing slip, bearing the Purchase Order number shall be placed in
each container. No extra charge shall be made for packaging or packing materials unless authority therefore
is set forth in this Order.
18. PATENT INDEMNITY
The Seller shall indemnify and hold harmless the Buyer, its customers and those for whom the Buyer may
act, from and against all legal expenses which may be incurred as well as all damages, losses and costs which
may be assessed against or borne by the Buyer by reason of any and all actions or proceedings charging
infringement of any patent, trademark or copyright by reason of the sale or use of any items delivered
hereunder. If the use or sale of such item, with respect to which the Seller indemnifies the Buyer, is enjoined
as a result of such action or proceeding, the Seller, at no expense to the Buyer, shall obtain for the Buyer and
its customers, the right to use and sell said items or shall substitute equivalent items. In the event that the
Seller is unable to secure an equivalent item as a substitute, the Seller will indemnify the Buyer and its
customers for any kind and all losses or damages sustained by reason of such injunction and infringement.
19. PRICES
The Seller warrants that the price of the items covered by this Order are not in excess of the Seller's lowest
prices in effect on the date of this Order for comparable quantities of similar items.
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