PRIME VENDOR BID FOR THE 2008-2009 SCHOOL YEAR



UNIFIED SCHOOL DISTRICT #321

FOOD SERVICE DEPARTMENT

411 W. Lasley

St Marys, KS 66536

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PRIME VENDOR BID/ GROUP PURCHASING BID FOR THE 2019-2020 SCHOOL YEAR

Enclosed are the terms and market basket for the Prime Vendor Bid/ Group Purchasing Bid for the 2019-2020 school year. To be completed and returned by 10:00 a.m. on June 4th , 2019.

Nate Wood

Foodservice Director

Kaw Valley USD #321

woodn@

KAW VALLEY USD #321

FOOD SERVICE BIDS

STANDARD TERMS AND CONDITIONS

The following terms and conditions shall prevail unless otherwise modified by the Kaw Valley USD#321 within this bid document USD #321 reserves the right to reject any bid which takes exceptions to these terms and conditions.

1. COMPLETING BID: Bids must be submitted only on the form provided in this bid document. All information must be legible. Any and all corrections and/or erasures must be initialed. Each bid sheet must be signed by the authorized bidder and required information must be provided.

2. ACCURACY OF BID: Each bid is publicly opened and is made part of the public record of the Kaw Valley School District. Therefore, it is necessary that any and all information presented is accurate. If there is a discrepancy between the unit price and extended total, the unit price will prevail.

3. SUBMISSION OF BID: Bids are to be sealed and submitted to the Kaw Valley USD 321 District Office 411 W Lasley, St Marys KS 66536, prior to the date and time indicated on the cover sheet.

4. LATE BIDS AND MODIFICATION OR WITHDRAWALS: Bids received after the deadline designated in this bid document shall not be considered and shall be returned unopened.

5. EQUIVALENT BIDS: When brand or trade names are used in the bid invitations, it is for the purpose of item identification and to establish standards for quality, style, and features. Bids on equivalent items of the same quality, style and features are invited unless items are marked “no substitute”. Equivalent bids must be accompanied by descriptive literature and/or specifications to receive consideration. Samples may be required, and shall be supplied at no charge to the school district.

6. NEW SUPPLIES OR EQUIPMENT: Unless otherwise specified, all materials, supplies or equipment offered by a bidder shall be new, unused or recent manufacture, and suitable for their intended purpose. All equipment shall be assembled and fully serviced, and ready for operation when delivered.

7. WARRANTY: Supplies or services furnished as a result of this bid shall be covered by the most favorable commercial warranties, expressed or implied, that the bidder and/or manufacturer gives to any customer. The rights and remedies provided herein are in addition to and do not limit any rights afforded to Kaw Valley USD 321 by any other clause of this bid, and reserves the right to request from bidders as separate manufacturer certification of all statements made in the proposal.

8. DELIVERY TERMS: All deliveries shall be f.o.b. destination and all freight charges shall be included in the bid price.

9. DAMAGED AND/OR LATE SHIPMENTS: U.S.D. #321 has no obligation to accept damaged shipments and reserves the right to return at the vendor’s expense damaged merchandise even though the damage was not apparent or discovered until after the receipt of the items. The vendor is responsible to notify USD #321, food service office of any late or delayed shipments. USD #321 reserves the right to cancel all or any part of an order if the shipment is not made as promised.

10. SELLER’S INVOICE: Invoices shall be prepared and submitted in duplicate to each school cafeteria site. Invoices shall contain the following information: purchase order number, contract number, item number, description of food, supplies or services, sizes unit of measure, quantity, unit price and extended totals.

11. SAFETY: All practices, materials, supplies and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent federal, state, and local safety or environmental codes.

12. HOLD HARMLESS: The contractor agrees to protect, defend, indemnify and hold the Board of Education, its officers, employees, and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or any and all causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance hereof.

13. LAW GOVERNING: All contractual agreements shall be subject to, governed by and construed according to the laws of the state of Kansas.

14. NON – DISCRIMINATION CLAUSE: No bidder on this request shall in any way, directly or indirectly, discriminate against any person because of age, race, color, handicap, sex, national origin, or religious creed.

DETAILED SPECIFICATIONS AND SPECIAL CONDITIONS

1. GENERAL:

Kaw Valley USD #321, hereinafter referred to as “District” proposes to contract with an organization or individual, hereinafter referred to as “Bidder”, whereby the bidder will furnish and deliver food products to each individual school cafeteria.

Attached is a bid form to be used for the submission of information requested herein. The bid form must be sealed and clearly addressed to:

Nate Wood, Foodservice Director

Kaw Valley, USD #321

411 W Lasley

St Marys, Kansas 66536

(785) 437-2254 Fax (785) 437-3155

The sealed envelope must be clearly marked “Food Service Bid” and received no later than April 30th, 2019 at 10:00 a.m.

2. AGENCY DESCRIPTION:

The Kaw Valley School District #321 operates 1 production site and 4 satellite sites, which provide breakfast to 300 and lunch to approximately 1,250 students daily. Our schools are open from mid August through the First of June. We provide lunch during the summer months of June, July and August to 150.

3. CONTRACT SCOPE:

This contract is intended to cover foods in the following categories: frozen convenience, meat and dairy products, canned goods, dry goods, and paper supplies. It is not intended to cover fresh bakery products, milk, ice cream, equipment or chemicals.

The estimated yearly volume of the account is $255,000 with an estimated total number of 12,000 cases, based upon actual August 2018-April 2019 purchases. It is intended that the district will make every effort to purchase items in the included categories from the primary vendor and will only purchase from an alternative vendor if the primary vendor cannot provide the items needed by the time needed. The bidder shall provide a comprehensive product line that meets the specified needs of the Kaw Valley USD #321 nutrition services program.

4. CONTRACT PERIOD:

The contract shall be effective from August 1, 2019 through July 31, 2020. It is specifically understood and agreed that the contract shall be renewable after July 31, 2020 for (5) successive one year terms from August 1, through July 31. The director of food services may terminate the contract at the end of July 31, 2020, 2021, 2022, 2023, and 2024 by providing written notice to the supplier on or before June 30 each renewable year.

5. CONTRACT TERMINATION:

This agreement may be terminated at any time by the district upon (30) days written notice, should the district determine that it is not in the best interest to continue the contract and/or the supplier is not performing with the provisions and intent of this agreement.

This agreement may be terminated by the bidder with (60) days written notice for failure by the district to comply with contract terms. Upon receipt of the termination notice, the bidder shall have twenty (20) days to correct non-compliance issues. If compliance is achieved, the termination notice will be canceled.

6. CONTRACT IMPLEMENTATIONS:

Deliveries to the district will begin August 1, 2019. It is understood that there will be excess inventory to deplete. Volume of the contract will be less than normal during the first few months while inventory is used.

7. AUDITING:

Throughout the life of the contract the district reserves the right to conduct audits maximum of four times per year. A maximum of 25 items will be reviewed per audit. The district will determine what items to audit. Audits will verify that the bids and amounts invoiced are in accordance with the terms of this agreement. Such audits will not unreasonably interfere with the conduct of the contractor’s business. The contractor will be given at least 5 days advance notice in order to prepare the documents for review. The contractor shall promptly reimburse the district for any over-charges disclosed by any such audit.

8. WORK STOPPAGES:

The bidder guarantees delivery to the district regardless of any organized work stoppages.

9. USAGE ESTMATES:

The estimated product quantities are intended only as a useful guide, and do not imply guarantee on the part of the district to purchase stated quantity as a minimum or a maximum.

10. ORDERING SCHEDULE:

Orders will be placed on Friday by 5:00 PM for a Monday delivery, and by 5:00 PM on Wednesday for a Thursday delivery to 1 site. Orders may be modified by the district up to 5:00 p.m. with next day delivery.

11. METHOD:

Orders will be placed online utilizing the Bidder’s online ordering site

12. SUBSTITUTIONS OR SHORTAGES:

The bidder’s account representative shall contact the district’s representative by 5:00 p.m., the weekday prior to delivery to discuss any shortages on the next day’s delivery and any substitutions that need to be made.

13. ADD/CUT SCHEDULE:

The district’s representative shall be able to add/cut on line or call the bidder until 5:00 p.m. the weekday afternoon prior to delivery to add to or cut from the next day’s delivery.

14. EMERGENCY ORDERS/DELIVERIES:

The bidder must be able to handle emergencies as they arise due to circumstances beyond the district’s control. The district will hold these to a minimum.

15. ORDER BOOKS:

A. Generally, prices for items shall be changed on a monthly basis with few market type items being changed on a weekly basis. The successful bidder shall provide with the bid information, a list of those product groups that are to be updated weekly.

B. The successful bidder shall include with the bid a complete listing of their stock book indicating all inventory items maintained in their warehouse as of the bid deadline date, including item name, pack size, and order unit.

C. The successful bidder shall provide a new customized price list/order book on a monthly basis to the food service director and updated pages reflecting the price changes for market type items on a weekly basis to the director.

D. If a pack size should change due to manufacturer’s revision within the month’s time, the successful bidder shall send the change to the food service central office.

16. DELIVERY SCHEDULE:

The successful bidder will deliver two (2) times a week, every Monday and Thursday to all the following location prior to 11:00 AM.

Rossville Grade School

312 E Pottawatomie St

Rossville, KS 66533

In the event that a holiday or snow day falls on a Monday or Thursday, the district will receive deliveries on the day following the regular delivery day.

If the district is closed on a Monday for Winter Break, Spring Break, etc. the successful bidder will make available a Tuesday delivery for produce.

SEE APPENDIX A

If an order is delivered late, the supplier will provide any overtime pay due to any of the district receiving personnel or cafeteria managers. The district will provide a listing of the various receiving personnel and cafeteria managers’ schedule and their overtime rate. When such a situation occurs, the district will bill the supplier for the overtime involved.

17. DELIVERY METHODS:

The bidder shall deliver all individual orders invoiced by account to Rossville Grade School. The products shall be maintained at their proper temperature throughout their staging, loading, transport, and delivery. A truck with dry, chilled, and frozen compartments must be used for deliveries.

All of the bidder’s facilities and delivery vehicles must conform to local, state, and federal rules and regulations regarding sanitation and are subject to inspection by district or other officials at the discretion of the district.

The bidder’s driver will deliver and off load all products to a specified area on the inside of the unit’s building. The contractor shall provide any equipment needed to complete this process.

At the time of delivery a designated district employee shall sign the invoice. This signature will only indicate that the order has been received, but will not indicate that the invoice has been reconciled to the actual items delivered. The district reserves the right to refuse payment on any unsigned invoice. The reconciliation will occur the same day and any deviations will be reported to the supplier’s account representative who will then issue credit memos for any incorrect charges and arrange for the return of any shipping errors or deficient products. Any discrepancies will be clearly indicated and initialed by both parties.

18. ORDER SIZE:

There shall be no extra charge to the district for any delivery made directly to a unit no matter what the case count or dollar value or the order. There also shall be no extra charge for any deliveries made outside the specified delivery schedule. The district will monitor any chronic deterioration in the order delivery schedule and act upon the problem. The district will exercise reasonable judgment when placing small orders and will make every attempt to place correct orders each time.

19. DELIVERY FAILURE:

If the successful bidder fails to deliver an order, the supplier will take corrective action either making a special delivery to the district or by arranging for delivery by another vendor. The supplier shall assume any additional costs between the price of the originally ordered items and the price from the alternate vendor.

20. INVOICES:

All orders will be accompanied by an itemized invoice, in duplicate, including the unit name and account number, product name, unit cost, extension, piece count, and total charges. Any concealed damage or delivery of incorrect product will be reported to the supplier’s account representative who will then issue credit memos for any incorrect charges and arrange for the return of mis-shipped or deficient products.

21. UNITS OF PURCHASE:

Upon request of the district, the bidder will sell some items in smaller pack units or less than full case lots. The bidder is to provide documentation on the fixed fee for delivery of such items. These should be listed as separate line items in the price list/order book. There shall be no additional charge for this service. The district recognizes the difficulty of such a procedure and will limit the requests to items that can be sold in smaller units.

22. SERVICE:

A. ACCOUNT REPRESENTATIVE

The successful bidder will have an account representative assigned to the district’s accounts. The district feels it will be helpful if the person has some prior food service experience so they will be able to understand our needs. The district would expect to see this account representative on site as needed. The account representative will provide the following services:

1. Daily communications with the district’s representative to discuss any shortages and needed substitutions.

2. At the start of the contract, conduct weekly meetings with the district’s personnel to discuss areas of concern. As the contract progresses, the meetings may be reduced to only once a month.

3. Demonstrate to the district’s management new products available on the market.

4. Maintain and update the price list/order books, review with and distribute to the different units on an on-going basis.

5. Handle the district’s complaints and inquiries about various products.

6. Issue credit memos and arrange for return of mis-shipped or deficient products.

7. Resolve any problems with the order/delivery schedule.

8. Coordinate with the district’s representatives any rebate programs.

9. Do research and make recommendations for any product changes to better the district’s needs.

10. Oversee the operation to help maintain a smooth and efficient relationship between the district and the supplier.

B. REPORTS

The contractor will provide the following unit and aggregate reports:

1. By dollar volume by month, year-to-date to fiscal year (July 1-June 30), as well as any other time frames needed by the district.

2. Usages figure for a specific brand or manufacturer for a specified time frame to use for tracking rebates.

3. Monthly reports, listing the quantity of each items purchased and the total dollar amounts expended for each item by each cafeteria location, and a summary for each item for the combined 3 locations.

23. QUALITY ASSURANCE:

The successful bidder will be expected to provide product specifications and samples as requested by the district. Product quality testing will be conducted by the district on an on going basis.

24. TRAINING;

The successful bidder will provide initial training to district personnel to ensure their understanding of the “prime vendor” program and the ordering procedure. The contractor should also arrange for the district to have direct access to product specialists in the areas such as recipe development, merchandising, baking, beverages, culinary arts, produce, meat and seafood with the exception that they would provide expertise and training in their area to help improve the services provided by the district.

25. MARKET INFORMATION:

The district expects the bidder to provide the district with market information relating to produce conditions and quality, pricing trends and new products and where appropriate, the contractor shall make recommendations on more appropriate products to use.

26. NUTRITIONAL INFORMATION:

The district expects the bidder to provide nutritional information on all foods bid.

27. TOLL FREE NUMBER:

The successful bidder will provide a toll free number for the district’s use in contacting the successful bidder’s personnel. If a fax number is available for ordering purposes, it must be toll free as well.

28. PAYMENT:

Payment is processed using the paperwork provided at the time of delivery. Statements of purchase must be provided by the vendor monthly which will be used by the agency to reconcile expenditures. All invoices are processed by calendar month and submitted to the Board of Education for approval on the 2nd Monday of each month.

29. PRICING DEFINITIONS:

SUPPLIERS COST:

Is the actual cost of an item delivered to supplier’s dock. This cost is determined by the actual invoice cost per item plus freight costs if not included in the invoice price.

FIXED FEE:

Is the supplier’s quotation of a fixed fee which represents the supplier’s operating margin and remains constant during the term of the contract.

DISTRICT COST:

Is the supplier’s cost plus the fixed fee.

30. COST OF ITEMS:

A. The fixed fee established with the initial bid may not change during the life of the entire contract.

B. The individual prices listed for each item on the attached market basket shall be based upon prices effective April 2019.

C. The district cost will be determined as follows:

Invoice cost of merchandise

+ freight in

_______________________

= actual cost (A)

+ fixed fee (B)

_______________________

= district cost

Actual cost (A) + Fixed fee (B) = district cost

D. There shall be no storage charge to the district for any items stocked by the supplier.

These changes, (customized order book) shall be received five working days prior to the first day of the operating month, and will remain constant for the duration of the month. When there is an increase in the invoice price of an item, the district may require documentation for such price increase, including a letter from the manufacturer.

31. PRICE ADJUSTMENTS:

If a substitution is necessary, the submitted item will be priced at the contract district cost of the ordered item, unless the cost of the substituted item is lower. The formula listed above will apply to all substitutions.

The supplier will pass on to the district all promotional allowances, discounts, and manufacturer’s rebates in the form of lower prices. The supplier shall also keep the district informed of any rebates that may be redeemed by the district and provide tracking information on usage, so the district may take full advantage of all available rebates and free goods offers.

32. PROPRIETARY AND SPECIAL ORDER ITEMS:

The district defines a “proprietary item” as an item the district expects the supplier to purchase and stock. A “special order item” is an items requested for a one time purchase. The supplier will purchase the product and within a short period of time the district will order the entire product, reducing the supplier’s inventory by the full amount ordered.

Whenever possible, the district will use a product already stocked by the supplier, but reserves the right to request the supplier add proprietary items to stock. The supplier agrees to do so at the discretion of the district.

The district will notify the supplier three weeks in advance of the need for a new proprietary or special order item, with quantities needed, and monthly usage if applicable.

There shall be no extra charges for buying and storing of special order items. The fixed fee for any special products will be the agreed upon fixed fee for other similar products.

33. TAX EXEMPTIONS:

The district is exempt from various federal, state and local taxes.

34. EVALUATION OF THE BID:

A. To be considered as a bidder, all items listed in the market basket must be bid. No more than 10% of the items bid shall vary from the specifications. Bid extension must be completed by the bidder. Variance in case quantities and weights must be specified in the bid document.

B. The district reserves the right to test samples of items listed in the specifications, at the bidder’s expense in an effort to verify the stated quality and adherence to the specifications.

C. An audit will be performed before the contract is awarded to determine the accuracy of the pricing submitted in this bid. It is requested that audit documents accompany the bid, if the bidder is unable to provide these documents, an on-site audit will be conducted the week of June 24, 2019.

35. HACCP

The bidder must supply Kaw Valley USD #321 with a copy of the bidder’s HAACP compliance plan with submission of bid. Inspection of the distribution facility and / or HACCP compliance records may be conducted.

36. CONTRACT AWARD:

In awarding the contract, the district will base the bid award on the following criteria:

- Extended dollar value of market basket.

- Ability to meet specifications as outlined in the technical proposal.

- History of meeting needs

- Ability to provide products

- Quality of Products

- History of on Time Deliveries

- Online Ordering Ability

37. BUY AMERICAN:

A. Buy American provision requirements. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the National School Lunch Act (NSLA) (42 USC 1760(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodities or products. This Buy American provision supports the mission of the Child Nutrition Programs, which is to serve children nutritious meals and support American agriculture. The Buy American provision applies to SFAs located in the 48 contiguous United States and is one of the procurement standards these SFAs must comply with when purchasing commercial food products served in the school meals programs. Although Alaska, Hawaii, and the U.S. territories are exempt from the Buy American provision, SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3). Likewise, SFAs in Puerto Rico are required to purchase food products produced in Puerto Rico in sufficient quantities, under 42 USC 1760(n)(4). 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 Regional and State Directors Page 2 must be processed 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 a winning vendor must contain over 51% of the product’s food component, by weight or volume, from U.S. origin. This definition of domestic product serves both the needs of schools and American agriculture. 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.

B. • Require a certification of domestic origin for products which do not have country of origin labels; and

C. •: Kaw Valley USD 321 participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A ‘domestic commodity or product’ is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).”

38. BIDDER’S CHECKLIST:

All items listed below must be included when submitting your proposal.

________Technical proposal (2) copies with response to all terms and conditions.

________Completed and signed signature sheet with each copy.

________Stock Book

________Pricing response (Pricing response must be in separate envelope clearly labeled) Can also be emailed to woodn@

APPENDIX A

Production Cafeteria Estimated $ # Weekly Delivery Day

Location Purchases Deliveries Est. Time (a.m.)

Monthly

Rossville Grade School $25,000 2 Monday & Thursday

312 E Pottawatomie 6:00AM- 11AM

Rossville, Ks 66533

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