procurement.greenbush.orgprocurement.greenbush.org/.../nwk-food2016_rfp.docx · Web viewProposals must be submitted to the Procurement Department of the Southeast Kansas Education

The Southeast Kansas Education Service Center (Greenbush or SEKESC), on behalf of its eligible entities in NORTHWEST/WESTERN KANSAS, invites your company to submit a proposal to establish a Firm Fixed-Price contract for commercially produced foods. The SEKESC Bid Advisory Committee reserves the right to award to a prime vendor, award to multiple vendors, or reject proposals from any/all bidders.

Proposals must be submitted to the Procurement Department of the Southeast Kansas Education Service Center on or prior to the exact time and date set for proposal opening. The SEKESC will reject any proposal outright if the Vendor fails to deliver the proposal by the due date and time. Proposals received late will not be opened and will be deemed non-responsive. Any proposals that are submitted beyond the due date will be returned unopened for noncompliance with the RFP specifications. Anyone who downloads the RFP documents and fails to submit a bid shall be deemed as a No-Bid Response.

This is a negotiated procurement utilizing the request for proposal (RFP) method and, as such, award does not have to be made to the company submitting the lowest priced proposal. Bid award will be given to the company submitting the best responsive and responsible proposal satisfying the requirements of the RFP.

For information regarding this notice, and throughout the competitive acquisition process, interested vendors shall contact only the issuing officer:

Brad StefanoniSoutheast Kansas Education Service Center (SEKESC)PO Box 189 – 947 West 47 HwyGirard KS 66743Phone: 620.724.6281Email: [email protected]

Bidding parties that are currently identified on the excluded list on the System for Award Management of the General Services Administration or have been identified as excluded on the System for Award Management of the General Services Administration in the last five (5) years shall not be eligible to receive a contract award. Furthermore, by signature accepting the Terms and Conditions, it is certified on behalf of the company and their key employees that neither the bidding party nor any of its employees have been proposed for debarment, debarred, or suspended by any State or Federal Agency within the last five years.

Greenbush Food Purchasing Consortium Cooperative Purchasing Goals● Save money on the best products and services● Make the best use of federal, state and local funds● Provide open and free competition● Ensure fair and ethical practices

Southeast Kansas Education Service Center | NWK-FOOD20161

Scope & Key Components

1. Bidders shall propose Firm Fixed-Price Contract pricing.2. Consortium members are required to purchase a minimum of 70% of their food products from the awarded

bidder(s) (exclusive of milk, bread, fresh produce, and fresh meat).3. Bidders shall provide bid pricing on a minimum of 75% of food products in order to be considered

responsive.4. The SEKESC Bid Advisory Committee will entertain proposals of commercially produced foods.5. The SEKESC Bid Advisory Committee will entertain proposals of multiyear contracts.6. Bid pricing shall be submitted using Attachment B (1-4) in digital, Microsoft Excel format (.pdf format for

bid pricing will be deemed non-responsive). Any narrative components of proposals shall be submitted in Microsoft Word format.

7. Successful bidders shall provide a minimum of two (2) deliveries per month to members of the Greenbush Food Purchasing Consortium and the amount proposed shall remain fixed throughout the full term of the contract. Bidders may propose more frequent deliveries.

8. Bidders shall identify within their proposals their minimum total order requirements.9. Successful bidders shall accept orders via any of the following methods of order placement: electronically;

telephone; facsimile; e-mail. Please see item 1.21 in General Terms & Conditions in regard to Internet Accessibility.

10. Successful bidders shall provide food products that meet all USDA requirements at the time products are delivered to members of the Greenbush Food Purchasing Consortium.

11. Successful bidders shall provide food products that meet all USDA requirements for Child Nutrition (CN) labeling at the time products are delivered to members of the Greenbush Food Purchasing Consortium. (http://www.fns.usda.gov/cnlabeling/child-nutrition-cn-labeling-program)

12. Escalation and de-escalation clauses will be in effect to account for price changes from food manufacturers that are caused by acts of God, severe weather events etc. An escalation clause provides for an up or down adjustment of the contract price if specified circumstances occur. For example, the cost of canned peaches might fluctuate in a direct relationship with extremes of weather outside of the vendor’s control (freeze, frost, drought etc.).

Firm Fixed-Price ContractsIn firm-fixed-price contracts the cost of the product remains constant during the contract period. There exists a direct relationship between the length of the time a distributor must hold the price firm and the cost the sponsor pays for the product. Pricing shall be held firm for a period of no less than twelve (12) months (typically July 1-June 30 annual contract term). Economic price adjustment requests shall be submitted to SEKESC with accompanying proof of price adjustment from the manufacturer a minimum of 15-days prior to the end of each month. Economic price adjustment requests will be compared to the most recent Consumer Price Index (CPI). Economic price adjustment requests are subject to review by the SEKESC Bid Advisory Committee. The SEKESC Bid Advisory Committee reserves the right to reject or accept economic price adjustment requests based on review and comparison to the most recent Consumer Price Index (CPI).


Bid and Contract Timeline

March 4, 2016 Publication of RFP available on the SEKESC website at procurement.greenbush.org/bid-solicitations

March 11, 2016 Pre-Bid Conference Call (Bidders shall e-mail the issuing officer a time that is convenient for their individual pre-bid conference call between the hours of 9:00am and 3:00pm)

April 6, 2016, 2:00pm Deadline for questions from Bidders

April 15, 2016, 2:00pm Deadline for Proposal Submittals

May 5, 2016 Approval of bids

July 1, 2016 to June 30, 2017 Initial contract term

July 1, 2016 to June 30, 2019 Potential contract term with multiyear contract

Location to Submit ProposalSealed proposals will be received at:

SOUTHEAST KANSAS EDUCATION SERVICE CENTER947 WEST 47 HIGHWAY

GIRARD KS 66743ATTN: PROCUREMENT DEPARTMENT


TABLE OF CONTENTS

INTRODUCTION page 1

SCOPE & KEY COMPONENTS page 2

BID and CONTRACT TIMELINE page 3

GENERAL TERMS & CONDITIONS page 5

SPECIFIC TERMS & CONDITIONS page 15

SEKESC VENDOR SIGNATURE PAGE page 19

ATTACHMENT A: 2015-16 Greenbush Food Consortium Member School District List & Approximate Number of Meals Served

page 20

ATTACHMENT B (1-4): Food Product Lists and Anticipated Food Purchasing Volume

page 22

ATTACHMENT C: 2015-16 School District Drop Locations page 23

Location to Submit ProposalSealed proposals will be received at:

SOUTHEAST KANSAS EDUCATION SERVICE CENTER947 WEST 47 HIGHWAY

GIRARD KS 66743ATTN: PROCUREMENT DEPARTMENT


SEKESC GENERAL TERMS AND CONDITIONS 1.1 Preface and Agreement TermThe following contractual terms and conditions will be included in any contract resulting from this Request for Proposal. Note: prospective Vendors may propose other or different contractual terms and conditions; however, the SEKESC reserves the right to reject the prospective Vendor’s terms and conditions in whole or in part. If a prospective Vendor takes exception to any of the terms and conditions as stated herein, a prospective Vendor must include in its response to the RFP any additional or different terms and conditions that it is proposing. If a prospective Vendor takes exception to any of the terms and conditions and fails to include other or different terms and conditions in its proposal it may be grounds for the Southeast Kansas Education Service Center (SEKESC), in its sole discretion, to declare the Vendor’s proposal non-responsive and to reject the proposal from evaluation or from award. The terms and conditions as stated herein relate only to this RFP and do not extend to other or future contracts a prospective Vendor may currently have or may have in the future with the Southeast Kansas Education Service Center (SEKESC), nor do the terms and conditions as stated herein relate to any other Southeast Kansas Education Service Center (SEKESC) procurement which may be in process. 1.2 Participating Schools and Additional Potential Clients:

A. Members of the Greenbush Food Purchasing Consortium may purchase from this contract. Members of the Greenbush Food Purchasing Consortium are required to purchase a minimum of 70% of their food products from the awarded bidder. All deliveries will be made to the locations within each unified school district as will be specified on the individual school purchase order.

B. A designated contact who understands the terms and conditions of this agreement must be named and will be listed as a contact for this contract. Said person shall have extensive knowledge of this contract and must be available to provide assistance during regular office hours.

1.3 Specifications:See attachment B (1-4). 1.4 AuditsAn audit of the cost of the product for which the distributor is reimbursed must be performed. The vendor’s invoice records from the manufacturer must be audited at least annually to assure accuracy in assigning costs. This audit generally takes place at the business offices of the vendor. In addition, invoices must be monitored, and if prices increase by more than ten percent, the vendor must be contacted and an explanation for the increase documented. The SEKESC reserves the right to facilitate audits. The Awarded Vendor(s) agrees that SEKESC Bid Advisory Committee may audit the Awarded Vendor(s) records to establish compliance to the Contract. The Awarded Vendor(s) further agrees to provide verifiable documentation tracking product sold through this contract. Audits may be done on a quarterly basis, based on random sample selection process and procedures to be established by SEKESC or their auditing firm. Failure to provide necessary information requested by the SEKESC or their auditors will carry a financial penalty of one percent (1%) of the total quarterly sales volume. SEKESC will provide a 48-hour notice on items to be audited. Audits will be conducted at the Awarded Vendor(s) corporate office, or done via e-mail, fax or Internet. The Awarded Vendor(s) will assist as needed at the time of the audit.


1.5 Defects and DamagesThe Awarded Vendor(s) shall accept full responsibility and pay for return shipping charges on any item received by the Southeast Kansas Education Service Center (SEKESC) or participating schools that is found to be deficient in quality; defective in packaging; fails to meet specifications; arrives in inoperable condition; or is an unauthorized substitution so as to render the item unsuitable for its intended purpose. Changes to SEKESC orders will not be accepted without prior approval. Errors made by the Awarded Vendor(s)s must be corrected within seven (7) calendar days. 1.6 Sales Representation/MarketingThe Awarded Vendor(s) will provide sales staff knowledgeable of the Southeast Kansas Education Service Center (SEKESC) Contract to service SEKESC and its participating schools. All correspondence and marketing efforts regarding this Contract shall include the SEKESC logo and a statement regarding the partnership between the Awarded Vendor(s) and the SEKESC. 1.7 Compliance with Program RequirementsThe Awarded Vendor(s) shall comply with the regulations and certification requirements of the State of Kansas, the United States Department of Agriculture (USDA), the Kansas State Department of Education (KSDE), and all rules and regulations of the Southeast Kansas Education Service Center (SEKESC). 1.8 Equal Opportunity RequirementsFirms submitting proposals must be an ”Equal Opportunity Employer" as defined in the "CivilRights Act of 1964" and the provisions of Kansas K.S.A. 44-1030. (1) to (5), both inclusive, and as shown below, shall be applicable to this contract, except as to those contractors, vendors or suppliers whose cumulative dollar total in any fiscal year is $5,000 or less or have fewer than four employees.

1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin or ancestry.

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, “equal opportunity employer”, or a similar phrase to be approved by the commission.

3. If the contractor fails to comply with the manner in which he reports to the commission in accordance with the provisions of section 15 (44-1031) of this act, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or part, by the contracting agency.

4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.

5. The contractor shall include the provisions of sub-sections (1) through (5) inclusively of the present section in every sub-contract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

6. Any purchase order issued by SEKESC, or one of its District’s, is cancelable under provisions of K.S.A. 10-1113. All purchase orders shall be issued by the SEKESC or its participating districts desiring to acquire the products or services under the contract. Said purchase order shall include


adequate reference to identify the bid to which it relates. 1.9 Affirmative Action - Contract ComplianceThe Awarded Vendor(s) is prohibited from engaging in discriminatory employment practices forbidden by federal and state law, and executive orders, pertaining to equal employment opportunity and affirmative action. The contractor, subcontractor, Vendor or supplier may be required to have on file a copy of their affirmative action program, containing goal and time specifications. Contractors, subcontractors, Vendors or suppliers doing business with the SEKESC in excess of $5,000 annually and employing 50 or more full-time employees may be required to submit to the SEKESC, a copy of their affirmative action plan. Failure to fulfill these non-discrimination requirements shall be regarded as a material breach of contract and may cause the contract to be canceled, terminated, or suspended in whole or in part. The contractor, subcontractor, Vendor or supplier may be declared ineligible for future contracts or subject to other sanctions as provided by law or rule for said breach. 1.10 Compliance with ProposalThe Awarded Vendor(s) will be required to furnish all information as specified herein. The SEKESC reserves the right to waive compliance on minor technicalities in the specification, to reject any or all proposals, and to accept the proposal(s) which appear to be in the best interest of the SEKESC and participating schools. No exceptions or deviations from this specification will be considered at the time of the opening. 1.11 TaxesPrices quoted shall not include state or federal taxes from which the SEKESC and its participating schools are exempt. The necessary exemption certificate will be furnished upon request by SEKESC or the participating school. Project exemption certificates will be the responsibility of the participating school district. 1.12 Separate BidsIf the Vendor wishes to submit an alternate proposal(s), said proposal(s) must be appropriately identified as a separate bid. All conditions required for an initial proposal are applicable for separate alternate proposal(s). 1.13 Ties and ReservationsNo ties or reservations by the Vendor are permitted. 1.14 InfringementAwarded Vendor(s) warrants all goods purchased shall be delivered free of the rightful claim of any third party by way of infringement. 1.15 Catalogs and SpecificationsAll items proposed must meet SEKESC bid specification. If Vendor submits an alternate item for consideration, vendor shall make appropriate notation. Catalogs, specification sheets, or other literature giving detailed information of the items offered shall be filed with the proposal. The items shall be clearly identified and marked in the catalog, specification sheet, or literature by model name or number.


Modifications or deviations from printed literature or accessory items not covered by printed literature shall be described in a written statement by model name or number. 1.16 Contract AwardAfter the review of the bid responses, the SEKESC and its bidding advisory committee may award a contract to the bidder whose overall bid is lowest based on the rubric below. In the case of identical bids, the SEKESC and its bidding advisory committee reserves the right to select and to award the contract on the basis of its reasonable determination of which bid is likely to be most beneficial to its participating schools. The SEKESC reserves the right to conduct interviews with bidders during the bid review process.

FACTORPOINTS

AVAILABLE

Bidder’s overall pricing per their proposed Firm Fixed-Price proposal 45

Bidder to provide a minimum of two deliveries per month 20

Bidder offers online ordering that meets Internet Accessibility requirements (General Terms & Conditions, 1.21) 10

Bidder provided bid pricing on a minimum of 75% of food items per category..ie, dry, refrigerated/frozen, canned. 5

Bidder provided bid pricing on more than 75% (76%+) of food items per category..ie, dry, refrigerated/frozen, canned. 5

Bidder has reasonable minimum total order requirement level with smaller school districts in mind (<500 students sponsor-wide) 5

Bidder guarantees that all food items bid meet USDA requirements, including appropriate documentation of meal components as required by USDA/KSDE, at the time of purchase by the sponsor. 5

Bidder’s additional “value-add” services 5

100

The contract between SEKESC and the Awarded Vendor(s) shall be a combination of the specifications, terms and conditions of the proposal, any terms of Vendor's response accepted by the SEKESC and any written clarifications or changes made by the SEKESC in accordance with the provisions herein. 1.17 ContractAfter the contract with the Awarded Vendor(s) has been properly executed, the contract shall be made available to members of the Greenbush Food Purchasing Consortium by mail and/or transmitted digitally via internet. 1.18 Remedies Upon DefaultAny of the following events shall constitute cause for the SEKESC to declare an Awarded Vendor(s) in default of its obligations under this contract:


A. Non-performance of Awarded Vendor(s)’s contract;1. Failure by Awarded Vendor(s) to make substantial and timely progress toward

performance of the contract.2. Failure of items provided by Awarded Vendor(s) to meet the specifications noted herein.3. Breach of any term of Awarded Vendor(s)’s contract

B. The SEKESC shall issue a written notice of default providing therein for a five (5) day period in which the Awarded Vendor(s) shall have an opportunity to cure, provided that cure is possible and feasible. If, after opportunity to cure, the default remains, the SEKESC may do one or more of the following:

1. Procure goods or services in substitution from an alternate source and charge the difference between the contract price and alternate price to the defaulting Awarded Vendor(s).

2. Exercise any remedy provided by law or immediately terminate the contract.3. Awarded Vendor(s) shall not be considered to be in default under this agreement, if

performance is delayed or made impossible by an act of God, floods or fires. The fact that the delay resulted from a sub-vendor's conduct, negligence or failure to perform shall not excuse the Awarded Vendor(s) from the provisions of its contract. Should the SEKESC or a participating school obtain a money judgment against the Awarded Vendor(s) as a result of a breach of this agreement, the Awarded Vendor(s) consents to such judgment being set-off against moneys owed the Awarded Vendor(s) by the SEKESC or any of its participating schools under this or any other contract. 1.19 Assignment - SEKESC Right to AssignIn the event of a cancellation, the SEKESC specifically reserves the right, in its sole discretion, to assign and transfer its interest in any contract, consistent with the terms and conditions of any contract, to any organization, along with all corresponding duties, responsibilities for both parties and provisions contained herein.

1.20 Federal Requirements for Procurement of Food Items for Use by Participating School Districts and Other Qualified Public EntitiesSEKESC will comply with the following requirements:

1. Adhere to procurement standards that reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this Agreement.

2. Maintain a contract administration system that ensures contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

3. Maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the SEKESC shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for the award:

a. The employee, officer or agent,


b. Any member of his immediate family,c. His or her partner, ord. An organization which employs, or is about to employ, any of the above.

4. Make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

5. Maintain records sufficient to detail the significant history of each procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

6. Assume the responsibility, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims.

7. Establish protest procedures to handle and resolve disputes relating to their procurements and always disclose information regarding the protest to the SPONSOR. A protestor must exhaust all administrative remedies with COOPERATIVE before pursuing a protest with the United States Department of Agriculture (USDA). Review of protest by USDA will be limited to:

a. Violations of Federal law or regulations and the standards of the Agreement, andb. Violations of the grantee’s or subgrantee’s protest procedures for failure to review a

complaint or protest. Protests received by USDA other than those specified above will be referred to the grantee or subgrantee. Violations of State or local law will be under the jurisdiction of the Kansas State Department of Education (KSDE) or local authorities.

8. Conduct all procurement transactions in a manner providing full and open competition consistent with the standards of 7CFR 3016.36. Some of the situations considered to be restrictive of competition include but are not limited to:

a. Placing unreasonable requirements on firms in order for them to qualify to do business,b. Requiring unnecessary experience and excessive bonding,c. Noncompetitive pricing practices between firms or between affiliated companies,d. Noncompetitive awards to consultants that are on retainer contracts,e. Organization conflicts of interest,f. Specifying only a ‘brand name’ product instead of allowing ‘an equal’ product to be

offered and describing the performance of other relevant requirements of the procurement, and

g. Any arbitrary action in the procurement process.9. Conduct procurements in a manner that prohibits the use of statutorily or administratively

imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference.

10. Follow written selection procedures for procurement transactions. These procedures will ensure that all solicitations:

a. Incorporate a clear and accurate description of the specifications for the food and non-food items to be procured. Such description shall not, in competitive procurement,


contain features that unduly restrict competition.b. Identify all requirements which the offerors must fulfill and all other factors to be used in

evaluating bids or proposals.11. Ensure that all pre-qualified lists of vendors that are used in acquiring goods are current and

include enough qualified sources to ensure maximum open and free competition. Also, SEKESC will not preclude potential bidders from qualifying during the solicitation period.

12. Use the sealed bid method of procurement. Bids shall be publicly solicited and a Firm Fixed-Price contract shall be awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the request for proposal, is the lowest in price. The following requirements shall be followed:

a. The request for proposal will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;

b. The request for proposal, which will include any specifications and pertinent attachments, shall define the items in order for the bidder to properly respond;

c. A Firm Fixed-Price contract award will be made in writing to the lowest responsive and responsible bidder.

d. The SEKESC Bid Advisory Committee reserves the right to reject proposals from any/all bidders.

13. The cost plus a percentage of cost method of contracting shall NOT be used.14. In the event either party commits a material breach, the breaching party may terminate this

agreement for cause by giving sixty (60) days written notice. If the breach is remedied prior to the proposed termination date the non-breaching party may elect to continue this agreement.

15. Notwithstanding the breaching provision above, the participating entity may terminate this contract for breach/neglect as determined by the participating entity with written notification to SEKESC, when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the participating entity.

16. Adhere to the following contract provisions which are required under CFR 3016:a. Compliance with the Copeland ‘Anti-Kickback’ Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair)

b. Books and records of the CONTRACTOR pertaining to the procurements on behalf of the SPONSOR shall be available as required by State and Federal regulations for inspection and audit by either the SPONSOR, State, or Federal auditors.

c. All such records shall be kept on file for five (5) years after the end of the Federal fiscal year to which they pertain, or for such other period which the U.S. Secretary of Agriculture or appropriate State officials may from time to time determine; provided however, that if audit findings have not been resolved, the records shall be retained beyond the five (5) year period as long as required for the resolution of the issues raised by the audit.

d. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579(h)), section 508 of the Clean Water Act (33


U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

1.21 Internet AccessibilityAll information technology, including electronic information, software, systems, and equipment, developed or provided under this RFP shall be accessible via both Windows (PC) and Apple (Mac) computer platforms and shall be accessible via a minimum of all the following web browsers at the date/time this bid is awarded (see Bid and Contract Timeline):

● Safari● Chrome● Firefox

Bidders proposing information technology products for this RFP whose products do not meet these accessibility standards at the date/time this bid is awarded (see Bid and Contract Timeline) may be deemed non-responsive and/or non-compliant to the terms and conditions of this RFP. The SEKESC reserves the right to request of bidders during the review process a username and password with which to view the bidder’s information technology platform(s) in order to assist in the review process.

1.22 Term of Contract and ExtensionsThe term of the contract shall commence on the date as indicated in the Bid and Contract Timeline and on the Acceptance of Bid and Contract Award. The SEKESC Bid Advisory Committee will entertain proposals of multiyear contracts. The contract shall continue in accordance with the dates stipulated in the Bid and Contract Timeline unless terminated, canceled or extended. The SEKESC reserves the right to offer extensions until a new contract is awarded.

1.23 Bid Guarantee

All bidders, to be considered responsive and responsible, shall submit with its proposal, a bid guarantee for $250.00 in the form of a firm commitment such as a bid bond, postal money order, certified check, cashier’s check, or irrevocable letter of credit. Bid guarantees other than bid bonds will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids; and (b) to the successful Bidder, upon execution of such further contractual documents.

A performance bond in the amount of $2,500.00 will be obtained from the successful contractor. The successful contractor’s bid bond shall be replaced with a performance bond. The SEKESC shall retain the successful proposer's performance bond deposit until the contractor has faithfully performed all terms of the contract.

1.24 Time Period within which to File an AppealA bidder whose bid has been timely filed and who is aggrieved by the award of the SEKESC and its


bidding advisory committee may appeal the decision by filing a written notice of appeal. The notice must be filed within five (5) days of the date of the Notice to Award issued by SEKESC, exclusive of Saturdays, Sundays, and legal state holidays. The notice of appeal must clearly and fully identify all issues being contested by reference to the page, and section of the RFP and/or the Notice to Award. A notice of appeal will not stay negotiations with the apparent Awarded bidder.

1.25 USDA Nondiscrimination Statement

The updated USDA Nondiscrimination Statement has been posted at www.kn-eat.org, USDA Nondiscrimination Statement (on the right hand side of the web page). All information materials and sources, including documents, pamphlets and websites, used to inform the public about Child Nutrition Programs must be updated and contain the nondiscrimination statement printed as is with no changes in wording or formatting. The full statement may be in a smaller font than the text of a large or medium size document but the spacing must be the same and it must be readable. It is not required that the nondiscrimination statement be included on every page of the program information web site. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information. Websites must be updated by November 20, 2015. Documents, pamphlets and brochures should be updated when current supplies are exhausted or by September 30, 2016. All new printing must use the 2015 updated statement.

The short statement has been updated to “This institution is an equal opportunity provider.” It should be used as an exception and not the rule. When used it must be in print no smaller than the text and it must only be used in limited circumstances, and only on small documents, pamphlets and fliers where it is impracticable to print the entire statement.

Note: USDA has clarified that the Nondiscrimination Statement (in any form) is not necessary on a calendar style menu simply informing program participants about available food items on a particular day.USDA Nondiscrimination StatementIn 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: http://www.ascr.usda.gov/complaint_filing_cust.html, 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 AgricultureOffice of the Assistant Secretary for Civil Rights1400 Independence Avenue, SWWashington, D.C. 20250-9410;

(2) Fax: (202) 690-7442; or

(3) Email: [email protected].

This institution is an equal opportunity provider.


SPECIFIC TERMS AND CONDITIONS 2.1 Pricing

A. The Awarded Vendor(s) agrees to provide pricing to the SEKESC and its participating schools that is as low or lower than pricing available to similar customers and the pricing shall remain so per guidelines established in the definition of “Firm Fixed-Price Contracts” section on page 2 of the RFP. Prices quoted are to be unique only to the Southeast Kansas Education Service Center (SEKESC) and its participating schools and should include all shipping and handling charges for delivery to Southeast Kansas Education Service Center (SEKESC) member sites. Refer to “Terms of Contract”, “Administrative Fees”, and “Shipping Costs” for additional information concerning proposal prices.

B. Economic price adjustment requests shall be submitted to SEKESC with accompanying proof of price adjustment from the manufacturer a minimum of 15-days prior to the end of each month. Economic price adjustment requests will be compared to the most recent Consumer Price Index (CPI). Economic price adjustment requests are subject to review by the SEKESC Bid Advisory Committee. The SEKESC Bid Advisory Committee reserves the right to reject or accept economic price adjustment requests based on review and comparison to the most recent Consumer Price Index (CPI).

C. All bid prices must include transportation and delivery charges to the locations specified by the school district. Fuel surcharges and other similar charges are not permitted.

D. The awarded bidder shall provide each item on this bid to all participating school districts at the same price.

E. All product enhancements, upgrades, and new product releases that fall within the scope of this agreement shall be made available by successful vendor(s).

2.2 Ordering/Delivery

A. The SEKESC Bidding Advisory Committee and Awarded Vendor(s) use the following ordering/delivery procedures:

1. Vendors shall accept orders via:i. electronically (via an online eCommerce purchasing portal with a unique login

for each participating school district);ii. telephoneiii. facsimileiv. e-mail

2. Purchase orders will be issued by the individual school districts.3. Vendors will coordinate invoicing with each participating school district, ie..facilitating

orders via an “open purchase order” model or other viable invoicing model to meet the needs of each participating school district.

4. Vendors must issue invoices direct to ordering school district as specified on purchase order.

5. Vendors shall capture historical data for schools purchasing food per the contract.B. Delivery of all items included in this RFP:

1. Deliveries are to be made to the locations within each unified school district as will be


specified on the individual school purchase order.2. Each order shall contain a packing slip of its contents to assist in prompt processing of

payments to vendor. 2.3 Administrative FeeSEKESC requires that a 2% administrative fee be included on every item bid. Administrative fees will be paid to the Southeast Kansas Education Service Center (SEKESC), by the vendor, on a quarterly basis, beginning January 1 of the current year, for all items purchased during the preceding quarter from this RFP. Vendor shall have 30 days after the end of each quarter (March, June, September, December) to reimburse the Southeast Kansas Education Service Center (SEKESC) for administrative fees from paid invoices received from participating schools during that quarter (Q1: Jan. 1 to March 31; Q2: Apr. 1 to Jun. 30; Q3: July 1 to Sep. 30; Q4: Oct. 1 to Dec. 31). Failure to report sales and make payments may result in cancellation of agreement, award and ineligibility for the following years agreement. Vendor(s) past accounts with Southeast Kansas Education Service Center (SEKESC) must be settled before the vendor’s bid will be considered. 2.4 Additional Responsibilities of Awarded Vendor(s)Provide sales staff knowledgeable of the SEKESC agreement and offerings to service SEKESC participating schools. One staff member will be designated as the primary contact for SEKESC administrative details. Provide knowledgeable staff to be available to assist schools with customer service including but not limited to: invoicing, general questions, delivery, and product information. 2.5 AuthorityThis solicitation, as well as any resultant agreement, is issued under the general authority of the state laws of Kansas. In addition, any relevant school district Procurement Rules published by the Kansas State Department of Education are considered part of this contract. Cooperative purchasing agreements between the SEKESC and participating schools have been established under state law of the State of Kansas. 2.6 Discontinued ProductIn the event that the manufacturer discontinues a product or model, it is the vendor’s responsibility to immediately contact the school issuing the purchase order. At that time the school shall have the option to accept alternative product or cancel their order. 2.7 Force MajeureExcept for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by reason of Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault of negligence. Without limiting the foregoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor or the school district. 2.8 InvoicingVendor will invoice participating schools directly for purchase orders containing items found within this


RFP. School payments will be on a 45-day cash basis after receipt of invoice. 2.9 Late ShipmentsIn the event of deliveries that will be delayed for any reason, it will be the vendor responsibility to immediately contact involved school and SEKESC. If a product is not received by the completion date and it must be purchased on the open market, the difference in cost will be charged back to the Awarded Vendor(s). 2.10 Product SafetyVendors are responsible to insure that all items meet applicable safety codes and that all electrical equipment will be Underwriters Laboratory approved. Refrigerated and frozen products must be held at temperatures according to the most recent version of the Kansas Food Code (http://agriculture.ks.gov/docs/default-source/fsl--handouts/kansas-food-code.pdf?sfvrsn=2). 2.12 QuantitiesPlease see Attachment C for historical purchases. 2.12 ReportingVendor shall provide quarterly usage reports for all product sales per the provided Vendor Quarterly Report Template. Information shall include sales summaries listed by purchasing districts. Sales report of each item sold shall be sorted by the SEKESC item numbers and shall be reported as such for history. Reports shall not be limited to items included in the RFP product spreadsheet, and shall include all items included through this bidding process. Each report must be supplied electronically in Microsoft Excel format. Reports shall be submitted within 15 days after the end of the quarter reporting period (Q1: Jan. 1 to March 31; Q2: Apr. 1 to Jun. 30; Q3: July 1 to Sep. 30; Q4: Oct. 1 to Dec. 31). 2.13 Responsibilities of Southeast Kansas Education Service Center (SEKESC)

A. Monitor all purchasesB. Provide a SEKESC staff member to represent participating schools.C. The Southeast Kansas Education Service Center (SEKESC) Bid Advisory Committee will

manage the audit of the Awarded Vendor(s) to insure total compliance with the contract. 2.14 Right of AssuranceWhenever one party to this contract, in good faith, has reason to question the other party’s intent to perform, he/she may demand that the other party give a written assurance of this intent to perform. 2.15 Right of Refusal

A. The Southeast Kansas Education Service Center (SEKESC) Bidding Advisory Committee reserves the right to refuse any and all bids, reject any and all bids.

B. Each individual board of education or school governing body reserves the right to return any item that does not meet the specifications and requirements listed for that item in this RFP.

2.16 WarrantiesVendor shall be responsible for providing the manufacturer's standard warranty and documentation


thereof and shall, upon request, supply the name and location of available repair sources to the participating schools.

2.17 Nutritional InformationUpon award bidder shall provide the Product Formulation Statement in electronic format for import into USDA approved nutritional analysis software. Awarded bidder shall also provide upon request by the School Nutrition Director, the most recent nutritional data, meal contributions, and ingredient labels in a format specified by SEKESC. This information must be provided no later than 7 calendar days from the date of request.

2.18 Buy American ActThe respondent will abide by the Buy American Act (42USC 1760(n)) and all associated USDA policy memorandums (e.g., SP 14‐2012, dated February 13, 2012, attached).

In support of the Buy American provision the bidder certifies that the products provided to SEKESC participating schools are domestically grown, processed, and manufactured in the United States to the maximum extent practicable.

The bidder will provide documentation to the member for all products sourced internationally to include country of origin and exception rationale at the time of distribution. Allowable exceptions to the Buy American Provision are limited to 1) the product is not produced or manufactured in the United States in sufficient and reasonable available quantities of a satisfactory quality; and 2) competitive bids reveal the costs of a United States product are significantly higher than the foreign product.

SEKESC participating schools reserve the right to return at the bidder’s expense all items found to be in violation of the Buy American Provision if the product does not qualify for one of the exceptions listed above.

2.19 Trans-fatFood products and ingredients used to prepare school meals must contain zero grams of trans‐fat (less than 0.5 grams) per serving. Documentation for food products and food ingredients must indicate zero grams of trans‐fat per serving. Acceptable documentation of the trans‐fat specification includes nutrition labels or manufacturer specifications and must be provided to the member by the distributor on request. Meats that contain a minimal amount of naturally‐occurring trans‐fats are allowed in the school meal programs (7 CFR 210.10 (f) (4)).


SEKESC VENDOR SIGNATURE PAGE Please fill out this form and submit electronically with your bid (scanned pdf file). Please do not complete this agreement unless you check yes to all the following statements. If the following information is not completed, your agreement cannot be processed.

____ It is acknowledged that the vendor has received and reviewed the RFP and agrees to be bound by those terms and conditions unless specifically noted. (please indicate “yes” or “no” in space provided)____ All prices shall remain firm for the period of the contract as noted in the RFP. (please indicate “yes” or “no” in space provided)____ Bidder guarantees that all food items bid meet USDA requirements, including appropriate documentation of meal components as required by USDA/KSDE, at the time of purchase by the sponsor. (please indicate “yes” or “no” in space provided)

Signature by officer with the authority to bind the vendor to providing the services proposed.

Name of person who will represent vendor as the SEKESC contact.

Company Name: Account Representative Signature:

Authorization Signature: Title/Date:

Title/Date: Please print signature name in block lettering.

Please print signature name in block lettering. Address:

Address:

Phone: Phone:

Fax: Fax:

E-mail: E-mail:


ATTACHMENT A: 2015-16 Greenbush Food Consortium Member School District List & Approximate Number of Meals Served

District Number District Name

Number of Breakfast Meals

Serve DailyNumber of Lunch Meals Serve Daily

208 Wakeeney 0 220

215 Lakin 108 407

217 Rolla 60 145

218 Elkhart 120 350

241 Wallace County Schools 25 150

242 Weskan 0 135

275 Triplains 20 66

292 Wheatland 37 129

293 Quinter 48 267

314 Brewster 35 110

352 Goodland 241 670

482 Dighton 45 165

TOTAL 739 2,814


ATTACHMENT B (1-4): Food Product Lists and Anticipated Food Purchasing Volume

ATTACHMENT B is located on 4 separate spreadsheet files. Bidders, please note that the Food Product Lists and Anticipated Food Purchasing Volume is not a guarantee of sales volume. Consortium members are required to purchase a minimum of 70% of their food products from the awarded bidder (exclusive of milk, bread, fresh produce, and fresh meat). Bidders are encouraged to take this into consideration when proposing pricing.


ATTACHMENT C: 2015-16 School District Drop Locations

Please see digital spreadsheet
