REVISED BID DOCUMENTS

Purchasing Department 1320 West Main Street Suite 202

Franklin, Tennessee 37064-3700 Phone (615) 472-4000

REVISED BID DOCUMENTS

RFB # 1306

WILLIAMSON COUNTY SCHOOLS Food Service Department

Dishwasher Replacement and Combi-Oven Purchase Project

Please refer to this new revised bid document released March 20, 2023. Bidders should discard any previous documents and previous bid sheets. When submitting a bid all participants must use the revised forms attached to this document. The bid opening date and time has been changed from the original that was posted in the February 27, 2023 Tennessean to a new date which will be Wednesday, April 12, 2023 at 10:30 am.

The Williamson County Schools (WCS) Food Service Dept. is currently accepting bids from qualified Food Service Equipment Distributors for a large-scale dishwasher and combi-oven replacement project. Bidders shall submit sealed bids using the attached forms. Bids must be submitted in a sealed envelope, mailed or hand delivered to Williamson County Schools Central Office, 1320 West Main Street, Suite 202, Franklin, TN 37064, Attn: Skip Decker, Purchasing Dept. Sealed bid envelopes will be received until 10:30 am on Wednesday, April 12, 2023 at which time they will be publicly opened. Faxed or emailed bids will not be accepted, any bids received after the specified opening time will not be accepted. Once the sealed bid envelope is submitted to WCS the Purchasing Department will stamp the face of the envelope to authenticate the actual date and time it is received. Bid opening will take at the at the aforementioned address.

THE FOLLOWING INFORMATION MUST BE LISTED ON THE OUTSIDE OF THE SEALED BID ENVELOPES:

? WCS RFB #1306 ? Food Service Dishwasher Replacements / Combi Oven Purchase ? Company Name & Address ? Date & Time of Bid Opening

THE FOLLOWING INFORMATION MUST BE INCLUDED INSIDE THE SEALED BID ENVELOPE:

? Certification Regarding Lobbying ? Drug Free Workplace Affidavit ? Criminal Background Affidavit ? Iran Divestment Act Certificate ? 5% Bid Bond

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This bid document was prepared by the WCS Purchasing Department on behalf of the Food Service Department. Please read the specifications carefully, if you have questions concerning this request for bid document, contact Skip Decker with the WCS Purchasing Department at 615-472-4079 or email skipd@wcs.edu or James Remete, Food Service Director jamesr2@wcs.edu phone 615-472-4994.

Once the successful bidder(s) has been established through the competitive bid process WCS, will award the project to the lowest and most responsive bidder(s) on behalf of the Food Service Department. This bid may be awarded to one or more bidders, the bid is divided into 2 projects/categories. A bidder may bid on either or both categories, however, bidders are not required to bid on both projects. Whichever bidder is determined by WCS Purchasing to be the

best most responsive bid for that category will win that project. Contracts for this project will be awarded to the lowest best and most responsive bidders that reasonably meet specifications and qualifications. Pricing, availability, experience, and knowledge of the products will also be

major factors in determination of this award.

Each bid shall be accompanied by a bid bond in an amount not less than five (5) percent of the Base Bid for the category they are bidding on. If a bidder is bidding on both categories the bid bond may be combined as one. The bid bond serves as a guarantee that the bidder will execute an agreement and file PPLM bonds and insurance certificates as required. No bid shall be withdrawn after the opening for a period of sixty (60) days.

Shortly after the public bid opening, the WCS Food Service & Purchasing will review the bid submissions. WCS Purchasing Department will prepare a bid tabulation. WCS Food Service & Purchasing will release the bid tabs noting the apparent low bidder(s) to all participants.

Approximately ten (10) consecutive calendar days after the tabs are released WCS will issue a fully funded award PO to the low bidder(s). After the successful bidder has received the Award Notice / PO said bidder must provide to the WCS Purchasing Department the following items within (15) consecutive calendar days from the date of WCS award notice:

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A Payment, Performance, Labor, and Materials (PPLM) Bond in the amount of 100% of the

contract sum, issued by a bonding company licensed to do business in the state of Tennessee and

acceptable to the Owner. Bond is required of the successful bidder to guarantee faithful

performance of work under the contract.

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INSURANCE: WCS must be named as an additional insured on restaurant

dealers/contractor's policy. Equipment dealers/contractor will obtain and maintain insurance to

protect themselves and WCS (owner) from claims which may arise out of or result from contractor's

operations under the contract. Certificate of Liability with a minimum of $2,000,000 listing WCS as

additional insured must be provided.

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OVERALL SCOPE & DETAILS

SECTION I GENERAL TERMS & CONDITIONS

1. This bid may be awarded to the lowest bidder or best overall bid and WCS reserves the right to award based on quality, price and availability of services specified whichever is in the best interest of WCS. In addition, WCS reserves the right to award bid to multiple bidders at its sole discretion based on a line-item basis if necessary.

2. The bid evaluation will be based on pricing/cost and service as validated through references and other qualitative consideration as submitted through the RFB process.

3. This bid is ultimately subject to funding (as with all WCS bid projects).

4. Bidder is limited to the specific provider or brand listed in this document. The services on which bids are submitted and based should be of such character or quality of design as will serve the purpose for which it is to be used. If any specifications has changed it must be provided to WCS and clearly stated on the bid cover sheet in every instance to enable the Food Service Director to determine its suitability. WCS reserves the right, through the Purchasing Agent or FS Director to be the sole judge in such determinations. Bidders may also provide descriptive literature with the bid.

5. WCS, reserves the right to waive any formalities to accept any bid as a whole, split bid and or accept any individual item or items within a bid or to reject any or all bids in the best interest of each entity.

6. If quantities are provided, they are approximations and may be estimates of annual usage, not initial purchase quantity. Quantities provided are best estimates of anticipated order quantities; however, WCS, cannot guarantee fulfillment of annual usage estimates.

7. All submitted Bids are to be valid for a minimum of 60 days or until awarded whichever comes first. For all awarded bids original price structure will be fixed and remain in effect through-out the entire annual contract period. The awarded proposal will be in effect for a period of (1) one-year WCS reserves the right to extend the annual option to renew at the anniversary date of the contract for an additional (3) three years not to exceed a total of (4) four consecutive years. A price increase of 1.5 percent per year will be accepted for each consecutive renewal after the first year is completed.

8. Invoices must be reflective of original bid and must include a valid WCS purchase order number to be paid. WCS will not be responsible for any "added expenses". There shall absolutely be no additional charges. Bidders should submit the most competitive "all in" bid/cost in their bid submittal.. Invoices should be mailed directly to the WCS Food Service Department.

9. WCS Purchasing Agent must approve any change in offers to the original bid specifications.

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10. The awarded bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission but shall fully address the full intent and meaning of each aspect of the specifications.

11. It is the bidder's responsibility to comply with all local, state, and federal laws, regulations, codes, licensing, and other requirements regarding the specifications of this project.

12. Awarded bidder must provide evidence of license (include number, any limitations on services to be provided, expiration date) related to this bid.

13. In the event an awarded bidder fails to perform, WCS, reserves the right to begin negotiations with the "next best bidder" in order to complete the projects or services. In addition, the bidder may forfeit future business with each entity.

14. The desired items must meet or exceed the specifications of the brands included in the detailed specifications which have been provided as a reference. The products awarded could be the referenced brands or any other brand that is equal to or meets or exceeds specifications.

USDA NONDISCRIMINATION STATEMENT:

In accordance with federal civil rights law and U. S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program of USDA's TARGET Center at (202) 7202600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339, To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: , from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA . The letter must contain the complainant's name, address, telephone number and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about he nature and date of an alleged civil rights violation. The completed AD -3027 form or letter must be submitted to USDA by:

1. Mail: U. S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410

2. FAX: (833) 256-1665 or (202) 690-7442 3. Email: program.intake@ Williamson County Schools is an equal opportunity provider.

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SECTION II OBLIGATIONS, RIGHTS AND REMEDIES

ALTERATIONS OR AMENDMENTS:

Notations, amendments, changes, modifications, or additions to this award shall not be binding without the prior written approval of the WCS Purchasing Department.

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APPROPRIATION: In the event no funds are appropriated by Williamson County Schools

for the goods or services in any fiscal year or insufficient funds exist to purchase the goods

and services then the Contract shall expire upon the expenditure of previously appropriated

funds or the end of the current fiscal year, whichever occurs first, with no further obligations

owed to or by either party.

2.

ASSIGNMENT: Awarded bidder shall not assign or sub-contract this agreement, its

obligations, or rights hereunder to any party, company, partnership, incorporation, or person

without the prior written specific consent of WCS Purchasing Department.

3.

BOOKS AND RECORDS: Awarded bidder shall maintain documents, accounting records

and other evidence pertaining to the goods and services provided under this Contract and

make such materials available at its offices at all reasonable times during the contract period

and for three (3) years from the date of the final payment under this agreement for inspection

by WCS; copies of said records to be furnished if requested. Such records may also include

those books, documents and accounting records that represent the Vendors costs of

manufacturing, acquiring, or delivering the products and services governed by this

agreement.

4.

CHILD LABOR: Awarded bidder agrees that no products will be provided or used under

this contract that have been manufactured or assembled by child labor.

5.

COMPLIANCE WITH ALL LAWS: Awarded bidder is assumed to be familiar with and

agrees to observe and comply with all federal, state, and local laws, statutes, ordinances, and

regulations in any manner affecting the provision of goods and/or services, and all

instructions and prohibitive orders issued regarding this work and shall obtain all necessary

permits.

6.

DEFAULT: If awarded bidder fails to perform or comply with any provision of this contract or the

terms or conditions of any documents referenced and made a part hereof, Williamson County

Schools may terminate this contract, in whole or in part, and may consider such failure or

noncompliance a breach of contract. WCS, expressly retains all its rights and remedies provided by

law in case of such breach, and no action by Williamson County Schools shall constitute a waiver

of any such rights or remedies. In the event of termination for default, WCS reserves the right to

purchase its requirements elsewhere, with or without competitive bidding.

7.

INDEMNIFICATION/HOLD HARMLESS: Awarded bidder shall indemnify, defend, save and

hold harmless Williamson County Schools, its officers, agents and employees from all suits,

claims, actions or damages of any nature brought because of, arising out of, or due to breach of

the agreement by Contractor, its subcontractors, suppliers, agents, or employees or due to any

negligent act or occurrence or any omission or commission of Contractor, its subcontractors,

suppliers, agents or employees.

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