820-26-27 Milk Bid

Sampson County Schools

School Nutrition Services

Request for Bid (RFB)

RFB# 820-26-27 Milk 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, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

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 Agency (State or local) where they applied for benefits.  Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form , (AD-3027) found online at: How to File a 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
Washington, D.C. 20250-9410;

2. fax: (202) 690-7442; or

3. email: program.intake@usda.gov .

This institution is an equal opportunity provider.

Sampson County Schools

School Nutrition Department

RFB# 820-26-27 Milk Bid

Request for Bid for Fresh Fluid Milk

This invitation is issued to Vendors with interest in bidding a contract for the procurement and delivery of fresh fluid milk for the federally-funded School Nutrition programs operating in our School District. The awarded contract becomes the FIRST YEAR of a contract with the potential of four – one-year renewals provided 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: 11:00 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 found in the attached RFB/Contract and Official Bid Spreadsheets.

• Bids that are hand-delivered should be received prior to 10:00 a.m., Thursday, May 14, 2026. Envelopes should be labeled:

RFB# 820-26-27 Milk Bid

SEALED BID 5/14/26 10 a.m.

• Bids mailed or sent via commercial carrier must be received by 5 p.m., 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 with signature is recommended. Please note different addresses below, depending on method of delivery.

*** Please plan accordingly when mailing or shipping***

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 Milk Bid RFB# 820-26-27 Milk Bid

SEALED BID 5/14/26 10 a.m. SEALED BID 5/14/26 10 a.m.

• Specifications for bid products, the Buy American (BA), and Allergen Information, must be submitted by June 1, 2026, by the recommended vendor. NOTE: USDA requires BA only for products that are part of the school meal components: meat/meat alternate, grains, fruits/vegetables and fluid milk.

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 by 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 submitting bids noting the verified bottom line bid totals from each bidder.

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

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

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

BID CERTIFICATION AND AGREEMENT

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

VENDOR NAME _______________________________________________________________________________________________________________

ADDRESS ______________________________________________________CITY & STATE___________________________ZIP_________________

DEFINITIONS

• 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 Milk Bid Terms and Conditions – Copy for Vendors file, do not return with bid packet.

4. RFB# 820-26-27 Milk Bid Attachments A – J – Completed and signed with original Vendor signature.

5. RFB# 820-26-27 Milk 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 Milk Bid and agrees to be bound by them, and is authorized to submit Bids on behalf of the Vendor.

ADDENDA ACKNOWLEDGEMENT - The deadline for E- Mail Addenda Notification is May 7, 2026.

Addenda issued are hereby acknowledged by bidder and become part of the 2026 - 2027 RFB/Contract. It is the Vendor’s sole responsibility, before the bid opening, to determine all Addenda issued are received. It is assumed bidders received email addenda if dates are not provided.

Vendor Directions: Insert date Addenda received below. Addenda are part of this Official RFB/Contract.

Addendum 1

Date:

Addendum 2

Date:

Addendum 3

Date:

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, and attached addenda. All contract documents are signed and attached.

____________________________________________________________	__________________________________________________________________
Name of Vendor Representative (print)	Original Signature of Vendor Authorized to Sign/Date
____________________________________________________________	___________________________________________________________________
Title of Vendor Representative	Name of Company

SCHOOL DISTRICT OFFICIAL ACCEPTANCE SIGNATURE

If any, or all parts, of the Vendor Bid are accepted by the School District, an authorized School District representative shall affix their signature hereto and collectively this Bid Certification and Agreement, along with the Attachments, Addenda and the Vendor’s bid sheets shall become the Contract and shall represent the agreement between the School District and the Vendor. The sections outlined in the Terms and Conditions of the RFB/Contract are for convenience and reference only, and in no - way define, describe, extend, or limit the scope or intent of the provisions of any section of this document.

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

____________________________________________________________	_________________________________________________________________
Name of School District Representative (print)	Signature of School District Representative
______________________________________________________________
Title of School District Representative	Date_____________________________
______________________________________________________________
Name of School District

RFB# 820-26-27-Milk Bid

VENDOR CHECKLIST

1		Bid Invitation to vendors – Invitation and general procedures for Vendors. DO NOT RETURN WITH BID DOCUMENTS
2		Official Bid Tabulation Sheet - Provide TOTALS from the bid spreadsheets. This sheet is used to determine the “Preliminary Bid Award” at Bid Opening. Bid review by the school district may show corrections. 1-COMPLETED HARDCOPY TO BE PLACED AS FIRST PAGE OF BID PACKET.
3		Bid Certification Agreement– Two original forms, each completed and signed by Distributor with original signature in Blue Ink preferred, but a scanned copy of the form with an original signature of an authorized company official will be accepted. School District Official signs after School District approval of award and the completed/signed Agreement copy is mailed to the awarded Distributor. The agreement is effective by the issue to the Distributor of a School District Purchase Order. 2- COMPLETED HARDCOPIES TO BE RETURNED IN BID PACKET
4		RFB – Contract for 2026–2027 details procedures in Sections 1 – 29. Retain for Distributor reference. DO NOT RETURN WITH BID DOCUMENTS
5		Official 2026-2027 Contract Attachments A – j – Attachments A – J are defined in the RFB – Contract and must be completed and signed. Attachment J is the “no bid” sheet. Digital signatures are allowed on Attachments A-J. RETURN COPIES IN BID PACKET
6		Official District Profile 2026 – 2027 - Retain for Distributor reference. DO NOT RETURN WITH BID DOCUMENTS

1.0 General Provisions of the RFB/Contract

2.0 sCHOOL DISTRICT RFB – 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

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 WAREHOUSING REQUIREMENTS

19.0 OPTION FOR CONTRACT RENEWAL AND PROCEDURES

20.0 BID Renewal Procedures

21.0 PRODUCT USAGE REPORTS FROM VENDOR

22.0 Records Retention Requirements

23.0 Assurance of Non-Collusion

24.0 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS

25.0 Remedies for VENDOR Non-Performance of Contract, and Termination of Contract

26.0 Force Majeure PROCEDURES

27.0 WAIVER

28.0 Right to Assurance

29.0 Regulatory Compliance

VENDOR REQUIRED ATTACHMENTS FOR NEW BIDS

ATTACHMENT A – BRAND/GRADE LABELS

ATTACHMENT B – HACCP SUMMARY

ATTACHMENT C – EVIDENCE OF REQUIRED INSURANCE

ATTACHMENT D – LUNSFORD ACT COMPLIANCE

ATTACHMENT E – FOOD RECALL POLICY/PROCEDURES

ATTACHMENT F – HUB CERTIFICATION

ATTACHMENT G – CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, LOBBYING AND COOPERATIVE AGREEMENTS

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

ATTACHMENT I – NO BID RESPONSE

ATTACHMENT J – VENDOR INFORMATION FORM

ADDITIONAL LOCAL 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 until May 7, 2026. However, before submitting an RFB/Contract, it shall be the responsibility of each Vendor to determine whether additional addenda were issued. INQUIRIES concerning interpretation or additional clarification or additional information pertaining to this RFB must be made in writing (electronic accepted) within nine (9) calendar days prior to the bid opening date. For inquiries contact Melissa Smith, in writing via e-mail, at msmith@sampson.k12.nc.us .

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

2.0 SCHOOL DISTRICT RFB – CONTRACT DECLARATIONS AND PROFILE

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

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

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

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

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

Sampson County Schools requires the Vendor awarded the Contract be fully acquainted with General Terms and Conditions relating to the scope and restrictions involved in the execution of the work described in this contract for the School District. Failure or omission of the Vendor to be familiar with existing conditions shall in no way relieve the company of obligation with respect to this Contract and may be grounds for disqualification.

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

Sampson County Schools will provide a SCHOOL DISTRICT PROFILE which includes pertinent information about the district such as the school names, addresses and current average daily breakfast and lunch meals served, average daily snacks served, district payment schedule and, where appropriate, average daily participation in the Summer Food Service Program, Seamless Summer Option or other meal program. The profile is found in the Attachments section of the RFB/Contract. The School District will provide the awarded Vendor the School Calendar, Menus and Estimated Product Usage.

3.0 VENDOR MINIMUM qualificationS

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

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

4.0 Vendor INSURANCE REQUIREMENTS

4.1 The Vendor awarded the Contract shall maintain all necessary insurance for the period during which purchases are made, including Comprehensive General Liability Insurance, Property Damage Insurance, Workers Compensation Insurance, and Automobile Liability Insurance. The Vendor must provide Evidence of Insurance that it currently has, and agrees to purchase and maintain, during its performance under this Contract, from one or more insurance companies authorized to do business in the State of North Carolina. In addition, the School District Board of Education shall be named by endorsement as an additional insured on the General and Automobile Liability policies.

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

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

4.4 Vehicle Bodily Injury and Property Damage - The Vendor shall maintain bodily injury and property damage liability insurance covering all owned, non-owned and hired vehicles. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each person/each occurrence.

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

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

5.0 VENDOR PERSONNEL REQUIREMENTS

5.1 The Vendor’s personnel are to always present a professional appearance while on school property. Personnel shall be neat, clean, well groomed, properly uniformed and conduct themselves in a respectable and courteous manner while performing duties at any School District facilities.

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

5.3 The employment of unauthorized aliens by the Vendor is considered a violation of Section 247A (e) of the Immigration Reform and Control Act of 1986. If the Vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the Contract.

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

6.0 VENDOR BID ERRORS AND PRICING Requirements

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

1) No Original Signature on the Vendor Bid Certification Form. An Original signature in Blue Ink is preferred, but a scanned copy of the form with an original signature of an authorized company official will be accepted.

2) Any change to RFB/CONTRACT language by the Vendor

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

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

6.4 PRICE FOR EACH PRODUCT: A cost price for each item should be listed.

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 bid 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

The Firm Fixed Price shall encompass the costs of the product’s receipt into storage, distribution, profit, production losses, analyses and shall remain fixed for the bid period.

8.0 VENDOR BID Award Method: Vendor bottom line

9.0 RFB - CONTRACT DEFINITIONS

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

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

9.3 BRAND AND GRADE LABELS: The Vendor shall provide documentation of Brand Labels (ATTACHMENT A)

9.4 Buy American (BA) Certification – Certification of the BA is required to be provided for all Vendor bid food product specifications to meet USDA Buy American requirement. Awarded vendor should submit no later than June 1 of the contract year. Certifications should certify the ingredients in the products were both processed in the U.S. and contain over 51% of its agricultural food component, by weight or volume, from the U.S.

9.5 Product Usage Estimate is a guide for Vendors as to the potential product usage, but under no circumstances guarantees total product usage.

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

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

9.8 VENDOR FACILITIES: The warehouse facilities and delivery vehicles shall be clean, be free of insects and rodents, and meet all federal and state regulations for storage and delivery of fresh fluid milk.

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

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

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

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

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

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

9.15 PROTEST PROCEDURE: Protests by the Vendor must be submitted in writing, with supporting documentation, to the issuing School District or Co-Op within five working days after bid award. Protests should be made to the School Nutrition Director.

9.16 SUB-CONTRACTING: The awarded Vendor will deliver all item(s) to the School District at the proposed price, in accordance with the item specifications and the General Terms and Conditions contained in this RFB/Contract. Sub-contracting of this Contract is not permitted for any reason without the prior written permission of the School District.

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

9.18 VALUE ADDED OPTIONS AND SERVICES: Value Added Options and Services including, but not limited to product merchandisers and other purchasing incentives will not be considered as a factor in evaluating the award of this Bid.

10.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION

10.1 All food products supplied by the Vendor awarded the Contract will comply with Standards of Identity, Quality and Fill as described in 21 CFR Part 100 of the Food, Drug and Cosmetic Act regulations. Products shall be labeled with an expiration date or best if used by date. Products shall be delivered fresh with adequate expiration dates.

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

10.3 School Districts have automatic product protection recourse against suppliers for products that are

misrepresented. According to U.S. Federal regulations, the supplier whose name and address appears on the package is the responsible party. The Vendor awarded this Contract is expected to take immediate action to correct any situation in which product integrity is violated.

11.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES

Quantities reflected in this RFB are estimates based on the projected needs of the School District during the Contract period. These quantities are the best estimate of anticipated needs available at the time of publication of this RFB, but the accuracy of this estimate may be affected by numerous factors including but not limited to, budgetary adjustments, product pricing, availability of Federal funds or other subsidies, changing market forces, or unintentional errors or omissions. Actual needs may be greater or less than the estimated quantities provided.

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

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

• The largest pack size with the same unit cost per serving.

• Documented evidence of unresolved service issues with a Vendor.

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

• All else being equal, by coin toss by the School District with tie Vendors present.

12.2 REJECTION: The School District reserves the right to reject any, and all Bids, or any parts thereof, and request resubmission of bids from all Vendors as deemed in the best interest of the School District.

12.3 BID ERROR: In the event of an error in a product specification or pricing, that item will be excluded from the tabulation. Any item excluded from the bid tabulation will be excluded for ALL bidders for evaluation purposes only. Multiple bid errors may be rationale for a Vendor’s bid disqualification.

12.4 Piggyback Clause: The Piggyback Clause is a Legal Provision that may be employed by a local School district in the circumstance of no bids received or all bids received are disqualified. If employed, documented Vendor Agreement, Legal Advertisement of Waiver for Competitive Bidding and Local Board Approval by both Districts is required. Pursuant to G. S. 143-129 (g), when a Local Board of Education (BOE) determines it is in the best interest of the member district over which it has authority, the requirement for competitive bidding may be waived for the purchase of fresh fluid milk contained herein, including all subsequent Amendments, to allow the member district to purchase from the bid/contract with any other school district. The district’s BOE, having approved the waiver for competitive bidding, may enter into a new and separate contract with a Vendor who has contracted with another district provided that district’s BOE is in agreement and the Vendor is willing to extend the same or more favorable prices, General Terms and Conditions to the district for which competitive bidding has been waived.

13.0 PRELIMINARY VENDOR BID AWARD

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

14.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS

The Vendor awarded the Contract shall order goods from manufacturers in economical quantities and maintain inventories at a level sufficient to prevent out of stock situations. Product substitutions due to out of stock situations should be held to an absolute minimum, and must be pre-approved in writing by the School Nutrition Director or designee. The School District will not be responsible for charges for any substitutions not pre-approved. Vendor “out of stock” percentage is expected at 3% of invoice orders or less. Excessive substitution due to Vendor order errors may jeopardize future business from the School District or invoke Termination Proceedings.

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