Delivery Dates Orders for specific quantities will be ordered as needed throughout the bid period. The District will determine exact delivery dates.

Transcription

1 B7165 FY14-15 Individually Quick Frozen (IQF) Fruits & Vegetables Contract Period Bid to be effective for school year for deliveries beginning immediately, through June 30, The District reserves the option to renew the contract for four (4) additional years after the original contract period. The amounts of the contract for the second through fifth years are to be negotiated at the close of each preceding year. Background As part of the Des Moines Public School District s continued efforts to provide healthy options for its students, the Food & Nutrition Department is seeking bids for Individually Quick Frozen (IQF) Fruits & Vegetables. Additionally, in an effort to support local farmers (as encouraged by the USDA, the Iowa Department of Education, and the Iowa Department of Agriculture s Farm to School program), preference will be given to Iowa-grown fruits and vegetables. General Bids will be evaluated on the basis of price, specifications, and qualitative characteristics of product, including: color, appearance, taste, texture, size/shape, uniformity, consistency, and so forth. In accordance with Commodity Distribution Reform Act and WIC amendments of 1987 (H.R section 3 (h) (1), preference will be given to vendors that supply food products that are produced in the United States. When a brand is given, it is intended to indicate the quality and grade desired. Bidder must indicate on Form of Proposal the pack size, the brand name and code number, (if used by the bidder) which would be furnished if awarded. Bidder must also indicate the bid unit price on Form of Proposal. Please indicate on the Form of Proposal the name, title and phone number of person to be contacted for information concerning bid. Where conflicts may arise between the General Terms and Conditions and Special Conditions, Special Conditions will prevail. District expectation is firm prices for the period ending June 30, Bid pricing shall include all charges of packing and transporting to the District. Prices quoted will not include Federal Excise Tax or State Sales Tax. The District is a Tax-exempt organization. Bidders are required to bid and deliver all items listed, as well as items, which may be added and prices negotiated at a later date. Any questions concerning a distributor s capability to deliver an item must be raised with the District prior to the Bidder s submission. Award of Bid The District intends to award on an all or none basis for this request for bid. The District s evaluation of bids will reflect this geographic preference, as Iowa-grown fruits and vegetables will receive a 15% price preference. The District will evaluate pricing for three (3) IQF fruit and vegetable items for this bid. The intent is to award the bid to one vendor based on this pricing. The District reserves the right to request pricing on additional items as other seasonal fruits and vegetables become available. The District further reserves the right to request samples of products to test prior to awarding the bid. Delivery Dates Orders for specific quantities will be ordered as needed throughout the bid period. The District will determine exact delivery dates. Deliveries All food items to be delivered freight prepaid to Food and Nutrition Management Warehouse, nd Avenue, Des Moines, Iowa All food containers shall be in good condition upon arrival at the warehouse or product will be rejected. All frozen products and products requiring refrigeration must be delivered in refrigerated trucks with product at proper temperature at time of delivery. Frozen products must show no evidence of thawing or re-freezing. Shipments, which do not meet these standards, will be rejected. Only truck deliveries are accepted--no rail delivery. All truck deliveries must be made Monday through Friday between hours 7:00 a.m. and 2:00 p.m. 1

2 Deliveries Facilities are available for unloading either palletized product (will exchange 4-way pallets) or for unloading product on slip sheets. The District requires deliveries approximately nine months of the year. Abbreviated deliveries in June and July will be required as needed. NOTE: The awardee must notify the Central Nutrition Center (CNC) if a scheduled delivery will be late, failure to do so may result in the delivery not being accepted by the CNC, and consistently late deliveries may result in the review and termination of the contract by the District for poor performance by the awardee. Quantities The quantities shown on the specifications are estimates ONLY, based on anticipated use. They are submitted as information for the bidder. The District makes no guarantee of product usages. Actual quantities may be higher or lower than estimates and will be ordered as needed. Purchases on some food items will depend upon availability of USDA commodities. Nutritional Information The successful bidder will supply the District with a printed copy of product specification sheets with nutrient analysis information as requested by Food & Nutrition Management Director. Pack Size Bidders state "How Packed." If bidder wishes to offer a pack size which is larger from the pack shown, state the size offered, convert the number of units to conform to your pack size and enter this information on the form. The District reserves the right to reject larger or smaller pack sizes. Descriptions and Standards of Identity All products must conform to U.S. minimum standards of identity as authorized by the Pure, Food, Drug and Cosmetic Act and the supporting regulations in 21 CFR. Failure to comply places the bidder in violation of the contract with the school district as well as federal law. Packaging Product shall be packed in accordance with good commercial practices and comply with all Federal, State and Municipal pure food laws. Containers shall be plainly marked with name of the product and weight of the package. Waxed carton, poly lined box or metal containers with tight fitting lids accepted. The lot and manufacturer shall be identified by a code on the container or label. Date of pack to be available upon request. Rounding When a product unit is stated as case or pound, decimals should be carried out two (2) places. For items in a unit of "each," decimals will be carried out three (3) places (to the 1/2-cent). Sample:.3589 would be.360. Continual Product Performance Checks Random sampling and testing of products received will be performed. Should any item fail to meet specifications, quality or condition as awarded, the District shall require the vendor to remove any such item from the Food & Nutrition Management Warehouse, provide full credit for the total amount of product removed, and provide reimbursement for any costs incurred. If Federal/State reimbursement is lost because of failure to meet the terms of this contract, the District will require the bidder to pay a dollar amount equal to the cost of the product and reimbursement lost. Lines of Communication Communications between the District and Distributor will be in writing as appropriate. and fax will also be accepted. The District and the Awardee will designate a representative to deal with day-to-day logistical matters. The Awardee will assign one dedicated customer service contact to handle the District account. 2

3 Lines of Communication The District will require a meeting with the Awardee s sales representative designee upon award notification and again in July Other meetings will be scheduled as needed; Matters of policy for the District are to be referred to Food & Nutrition Management Director. Bidder Qualifications Bidder must be deemed qualified, in the judgment of the District to perform as required herein. For any bid on which bidder includes qualifying exceptions, bid may not be considered. A bid may be rejected if a bidder fails to meet any one of the following qualifications. Product Line It must be clearly evident to the District Food and Nutrition Management Department that a bidder is capable of delivering promptly all items on the bid list and acquiring, on short notice, any peripheral items which might be required. Capacity A bidder must clearly demonstrate to the District Food and Nutrition Management Department the capacity, both physically and financially, to supply items to the District in economical quantities as required. Facilities and Equipment A bidder must have adequate warehouse for supplying contract products. Conditions for storing chilled and frozen products and delivery temperatures of frozen and chilled food shall be in accord with all State and Federal Codes and Standards. Sanitation Requirements District officials may routinely inspect the successful bidder's facilities. Facilities and operating practices must be continuously in compliance with all the Federal, State and local laws and regulations. Reliability A bidder must have a successful record of service, particularly with respect to delivering all items on a regularly scheduled basis, at favorable prices. If the school district does not have adequate historical data to determine the contractor's ability to comply with the service level requirement outlined in the Bid, three (3) letters of reference from previous school district customers shall be provided. Additional large corporation (non-school district) references may be required. Accounting Practices A successful bidder must clearly demonstrate to the District Food and Nutrition Management Department its capability to provide accurate, reliable and timely reports specific to the district, in terms of invoices, statements, credits and utilization reports. Food Recall: Awardee 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. Awardee shall have a process in place to effectively respond to a food recall; the process must include accurate and timely communications to the Food and Nutrition Management Department and assurance that unsafe products are identified and removed from Food and Nutrition Management warehouse site in an expedient, effective and efficient manner. Awardee shall maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Awardee will define their policy and procedures for handling food recalls on Certification Statement Regarding Food Laws. 3

4 Biosecurity Awardee must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the US Department of Health and Human Services, Food and Drug Administration and under the USDA, Food Safety and Inspection Service. Awardee will define their biosecurity policy and procedures on Certification Statement Regarding Food Laws. State and Federally Required Contractual Provisions Awardee must have obtained, and will continue to maintain during the entire term of this Contract, all permits, approvals or licenses necessary for lawful performance of its obligations under this Contract. In addition, Awardee is responsible to abide by all applicable Federal and State laws and policies of the Iowa Department of Education and State and Local Boards of Education, as applicable, when providing services under this Contract, including but not limited to: Buy American Statement Districts participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US (7CFR210.21, ). Federal regulations require that all foods purchased for CNP be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when: The product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas and pineapple; and Competitive Proposals reveal the cost of a domestic product is significantly higher than a non-domestic product All products that are normally purchased by Awardee as non-domestic and bid as part of this Bid must be identified with the normal country of origin. Awardee shall outline their procedures to notify the District when products are purchased as non-domestic. Iowa Gift Law Awardee shall comply with the gift law set out in Iowa Code Chapter 68B, as well as Iowa Code section of the Code of Iowa, which states that it is a felony to offer, promise or give anything of value or benefit to a person serving in a public capacity including a District employee or board member with the intent to influence that person s act, opinion, judgment or exercise of discretion with respect to the person s duties. Food Laws Awardee shall operate in accordance with all applicable laws, ordinances, regulations and rules of federal, state and local authorities, including but not necessarily restricted to a Hazard Analysis and Critical Control Point (HACCP) plan. Districts may inspect Awardee s facilities and vehicles. Awardee must have documented their company s compliance with Good Agricultural Practices (GAPs), Standard Operating Procedures (SOPs), Sanitary Standard Operating Procedures (SSOPs) and Good Management Practices (GMPs) for farm and field operations, packing facilities, cold storage operations, produce shippers, and their distribution facilities, if appropriate. Products must be held at the proper temperatures and humidity as recommended by packers, manufacturers, or current Iowa Food Code, so as to maintain the products and packages at optimum levels of quality and condition. Selected Awardee shall be liable for the safety and appearance of products and packaging materials. Any products or packages received that are out of condition, as per HACCP or other applicable guidelines will be returned for full credit. 4

5 Food Laws DMPS reserves the right to request dock inspection reports/documentation including, but not limited to Brix and Blemish reports, conduct on-site inspections of Awardee s facilities, delivery vehicles and records, at any time during the Contract period. Temperature logs will be available for review, at any time during the Contract period. The warehouse and delivery vehicles must be clean, be free of insects and rodents, and be adequate for storing and delivering products (dry, chilled, and frozen). The Certification Statement Regarding Food Laws and Certification Statement Regarding Buy American must be signed by an authorized person and attached with the formal proposal. Upon request from DMPS, Awardee shall provide Their current Hazard Analysis and Critical Control Point plan. Latest facility inspection forms and comments from applicable federal, state, and local agencies. Procedures for food safety and sanitation, including procedures used for product holds or recalls. We ask that you wait for a request before submitting this information Labor and Civil Rights Laws Selected Awardee shall comply with applicable Federal, State and local laws and regulations pertaining to wages, hours, and conditions of employment. In connection with Selected Awardee performance of work under this Contract, Selected Awardee agrees not to discriminate against any employee(s) or applicant(s) for employment because of sex, age, race, color, religion, creed, sexual orientation, gender identity, national origin, or disability. Selected Awardee shall also comply with applicable Civil Rights laws as amended including but not limited to Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-6, Civil Rights Compliance and Enforcement in School Nutrition Programs. Sex Offenders Awardee shall comply with Iowa Code Chapter 692A, as amended, which generally prohibits individuals who have been convicted of a sex offense against a minor from being present on school grounds or operating, managing, being employed by, or acting as a contractor or volunteer at an school. Smoking Awardee shall comply with all prohibitions on smoking in the Districts facilities and grounds pursuant to the Iowa Smoke Free Air Act and other applicable laws or policies. Unauthorized Aliens The employment of unauthorized aliens by Selected Awardee is considered a violation of federal law. If Awardee knowingly employs unauthorized aliens, such a violation shall be cause for termination of Contract. Breach of Contract and Remedies If Awardee fails to comply with any of the terms and conditions of this agreement; the District has the option to send Awardee a ten (10) business day Notice to Cure the defect or breach. During the ten-day Notice to Cure, the parties may meet and confer to discuss the resolution of the defect or breach. 5

6 Breach of Contract and Remedies If there is not a satisfactory resolution at the end of the ten-day Notice to Cure, the District has the option to immediately cancel all or any part of the order. Such cancellation shall not be deemed a waiver by the District of any rights or remedies for any breach by the Awardee and the District expressly reserve all rights and remedies provided by statute or common law in the event of such breach. Without limiting the foregoing, the District may, at its option, require the Awardee to repair or replace, at the Awardee s expense, any products or goods, which breach the Awardee warranty, wherever located. If DMPS Food and Nutrition Management or an authorized agent or dealer must replace any product as a result of the Awardee breach, then the Awardee agrees to reimburse the District and/or agent for labor and costs incurred in performing such work. In the event of nonconformity, non-delivery, partial delivery or late delivery, the District, at its option, cancel the contract or place the products in the open market after due notice and recover from the Awardee the anticipated difference between the market price at the time of replacement and the contract price. The remedies of the District are cumulative, and additional to any/or other further remedies provided by law. No waiver of any breach shall constitute a waiver of any other breach. Inquiries Inquiries regarding the content of this bid request will be taken until 12/11/14. Inquiries should be sent to mark.mattiussi@dmschools.org by the end of business on 12/11/14. Inquiries received after this date will not be accepted. Responses will be posted on our Public Entity Use The selected bidder must allow other public entities to utilize this bid by entering into separate negotiations with the public entities. Other public entity pricing, terms and conditions and special arrangements will be contracted independently from any agreement reached between the selected bidder and the DMPS. The DMPS will not be responsible for any contract entered into by the selected bidder and another public entity. The DMPS does not guarantee any level of business activity between the selected bidder and other public entities and has provided its own estimated usage as a guide for the bidders, and does not guarantee its purchases. 6

7 Special Terms & Conditions of Acceptance* Federal Program Regulations The Child 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 Bid and the subsequent Contract shall comply with 7 CFR Subchapter A, Parts 3015 and 3016, and applicable cost circulars issued by the Office of Management and Budget (OMB) including A-87 Cost Principals, A102 Grants and Cooperative Agreements, and A133 Audit Requirements, and any other pertinent state or federal laws, regulations, and/or directives. In compliance with this Bid, and subject to all conditions required herein, the undersigned offers and agrees to furnish and deliver any or all services and products upon which prices are proposed, at the prices set correlating to each product, within the time specified. By responding to this Bid, Distributor certifies that the Proposal is made without prior understanding, agreement, or connection with any firm, corporation, or person submitting a Proposal for the same products, and is in all respects fair and without collusion or fraud. Distributor also certifies no one connected to this company has had any connection with the development or drafting of this Bid. Under penalty of perjury, the undersigned Distributor certifies that this Proposal has not been arrived at collusively or otherwise in violation of Federal or State (Iowa) laws or regulations. By signing this Special Terms and Conditions of Acceptance, the individual whose name is shown below assures that Distributor has read and understands all the terms and conditions in this document and agrees to be bound by them, and is authorized to submit Proposals on behalf of Distributor. The Proposal submitted by Distributor conforms to all specifications, the General Terms and Conditions, ( Terms-n-Conditions-New.pdf) and any other instructions, requirements, or schedules outlined or included in this Bid. Concerns or Objections (if any): Organization Name (print) Name of Company Representative (print) Title of Company Representative (print) Signature: Date: / / *All general terms and conditions also apply please visit our to review a complete summary of those conditions, where the general terms conflict with the special terms, the special terms will prevail. 7

8 Certification Regarding Buy American Provision Distributor certifies, by submission of this proposal, that it: Understands the Buy American provision required by USDA rules, Agrees to the maximum extent possible to ensure that all products provided under this proposal will meet this provision Will clearly identify products proposed that do not meet this provision Will provide documentation as required to demonstrate compliance Describe how DMPS will be notified when agricultural products are not substantially produced or processed in the US: Organization Name (print) Name of Company Representative (print) Title of Company Representative (print) Signature: Date: / / 8

9 Certification Statement Regarding Food Laws Distributor certifies, by submission of this proposal, that it: Complies with all applicable food laws Follows written HACCP plan Provides documentation of compliance upon request Notifies customers promptly of findings of non-compliance Assists customers with Manufacturer or Supplier s non-compliance Describe procedures used to ensure products are stored and transported according to all federal/state laws that govern food supply chain, including, but not limited to maintaining appropriate temperatures of TCS foods, local farms safety and sanitation practices, recall, and bio security procedures. Organization Name (print) Name of Company Representative (print) Title of Company Representative (print) Signature: Date: / / 9

10 Insurance Requirements Awardee shall submit to the District certificates of insurance, prior to beginning work under this contract and no later than ten (10) days after award of the contract. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Iowa, and acceptable to the District, and shall carry the provision that the insurance will not be cancelled or materially modified without thirty days (30) prior written notice to the District. The certificates of insurance shall list the Des Moines Public Schools as the additional insured for the specified project as outlined in this Bid. Awardee must provide evidence of insurance coverage for professional liability insurance to cover all of the areas for which they are submitting a proposal. This professional liability shall be written on claims made form with a retroactive date no later than the date of their proposed contract with the Des Moines Independent Community School District. The coverage shall be written with a limit not less than $2 million for any one claim, with an aggregate not less than $2 million for all claims in a policy period. The Awardee must provide a statement saying that such coverage shall be written exclusively to cover the Des Moines contract or as an alternative guarantee that the aggregate has not already been impaired by other claims if this policy covers other activities and other services for other clients. Other forms of insurance which must be maintained during the entire term of the contract and any extensions shall be of the following forms and limits: Forms Limits Workers' Compensation Statutory Automobile Liability $1,000,000 Combined Single Limit Commercial General Liability, $1,000,000 Combined Single Limit (Including Contractual Liability & Products Completed Operations Coverage) Umbrella/Excess Liability $2,000,000 The establishment of minimum limits of insurance by the Des Moines Public Schools does not reduce or limit the liability or responsibilities of the Successful Bidder. 10

11 Physical Facilities Plant Address: Vendor Information Form Warehouse Address: Corporate Address: (If different than plant address) Company History Structure of Company :( i.e. Corporation, partnerships, privately held) Years in Business: Key Management Personnel: Company Contacts Contact Person for bid information: Name (Print or Type): Title: Phone Cell: Fax: Contact Person for Product Information (ingredient listings and nutrient analysis) Name (Print or Type): Title: Phone: Cell: Fax: Contact Person for Customer Service (questions on orders incorrect products, damage, billing, credits) Name (Print or Type): Title: Phone: Cell: Fax: Customer Service Hours: After Hours Emergency Contact: Name (Print or Type): Title: Phone: Cell: Fax: 11

12 Vendor Information Form Financial History List the name of three major suppliers and contact information: Reference # 1: Reference # 2: Reference # 3: Service History List the name of three school districts or other customers similar in size to DMPS currently utilizing your products with contact information: Reference # 1: Reference # 2: Reference # 3: Inventory Procedures / Fill Rate Describe the procedures in place to assure availability of inventory: List the average percent fill rate of orders for stocked items: Describe the IQF process used: Invoices & Standard Reports Please attach a sample invoice copy. Please also attach a sample copy of standard reports available to the District including purchase history, fill rate percent, statement of account and credits. Organization Name (print) Name of Company Representative (print) Title of Company Representative (print) Signature: Date: / / 12

13 Form of Proposal Item Producer Name & Location Pack Size Est Qty. Price / Case Extension Sweet Corn 20 # case 500 cases $ $ Farm Name: Address: City: State: Zip: IQF whole kernel, yellow sweet corn from fresh, clean, sound, succulent kernels of sweet corn. Husk and silk removed, sorted, trimmed, and washed. Kernels removed from the cob. Picked and frozen the same day. The corn shall be thoroughly inspected throughout the IQF process to remove defective pieces. Packaged promptly after IQF freezing. The product will be free from all contamination, extraneous material, and foreign objects. No sodium, sugar, additives, or preservatives added to the corn. U.S. Grade A Is your pricing firm through 6/30/2015? If "No" how long is your pricing firm? Note any variances in your product or pack size: Producer (if different than farm) Name: Address: City: State: Zip: Item Producer Name & Location Pack Size Est Qty. Price / Case Extension Apples 20 # case 500 cases $ $ Farm Name: Address: City: State: Zip: IQF apple slices, from sound and properly ripened apples. The fresh apple shall be free of rot, stems, and other foreign material. The fruit shall be washed, peeled, cored, and sliced. The fruit shall be thoroughly inspected throughout the IQF process to remove defective pieces. Packaged promptly after IQF freezing. The product will be free from all contamination, extraneous material, and foreign objects. No sodium, sugar, additives, or preservatives added to the apples. U.S. Grade A Producer (if different than farm) Name: Address: City: State: Zip: Is your pricing firm through 6/30/2015? If "No" how long is your pricing firm? Note any variances in your product or pack size and list apple varieties: 13

14 Form of Proposal Item Producer Name & Location Pack Size Est Qty. Price / Case Extension Bolero Carrots 20 # case 250 cases $ $ Farm Name: Address: City: State: Zip: IQF Bolero carrots from clean, sound, fresh roots of the carrot plant. Washed, sorted, trimmed and cut in a wavy/crinkle cut. Characteristic good flavor and aroma, texture must be uniformly tender with no fibrous or mushy pieces. Thoroughly inspected throughout the IQF process to remove defective pieces. Packaged promptly after IQF freezing. The product will be free from all contamination, extraneous material, and foreign objects. No sodium, sugar, additives, or preservatives added to the carrots. U.S. Grade A Producer (if different than farm) Name: Address: City: State: Zip: Is your pricing firm through 6/30/2015? If "No" how long is your pricing firm? Note any variances in your product or pack size: *District makes no guarantees regarding estimated usage Period of Contract This contract is for the period beginning immediately through June 30, The District reserves the option to renew the contract with the successful bidder for up to four additional years. The amount of the contract for the second through the fifth year shall be negotiated at the close of each preceding year. The renewal option may not be exercised if it is not in the District s best interest. The undersigned bidder certifies, by responding to this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal, State or Local department or agency. Delivery shall be to the Des Moines Independent Community School District Food & Nutrition Center. Bidder Name: Street Address: City / State / Zip: Signed By: Title: Phone: Fax: 14