Microsoft word - 10-025-dr usda commodity peanut butter processing bid document
Kendra Goodman, CPPB, Purchasing Agent Phone: 813.794.2221 FAX: 813.794.2111 To All Interested Parties: You are hereby invited by the District School Board of Pasco County to bid on the following: Bid #10-025-DR: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Bids will be accepted, and publicly opened thereafter, at the office of the Purchasing Agent, 20430 Gator Lane, Land O’ Lakes, FL 34638-2803 on or until April 23, 2009, 2:30 P.M., EST. Bids will be accepted and publicly opened on April 23, 2009 if date/time stamped on or before 2:30 P.M., date/time stamps of 2:30:01 P.M. or later will be rejected. A bid is late if the Purchasing Department receives it after the due date and time. A bid shall be deemed received by the School District when it has been physically received by the Purchasing Department staff (dated and time stamped). Delays due to mail handling, including but not limited to the School District’s internal mail-handling, will not excuse late delivery of bids. LATE BIDS WILL BE REJECTED.
The entire bid must be submitted on the enclosed forms, signed by a legal officer of the company, with company name, date, etc., otherwise the bid may be automatically disqualified for failure to properly execute the official bid document. Envelopes must be sealed and clearly marked on the outside "Sealed Bid." A cutout label for this purpose is enclosed. Bids will not be accepted by fax or electronically. The School Board reserves the right to waive minor formalities in any bid, to accept any bid which they consider to be in the best public interest, and to reject any part of, or any and all bids; alternate bids will be considered. However, awards will be made to the lowest and best, responsive and responsible bidder in the opinion, and at the option, of the Board. Their decision shall be final and conclusive. All merchandise called for in these specifications shall be delivered in good order, F.O.B. destination (freight prepaid), inside delivery, within the time specified, or will be subject to cancellation. A packing list must accompany all shipments. In addition, the District School Board of Pasco County reserves the option to extend the period and quantities of this bid, or any portion thereof, for an additional time not to exceed 365 days from date of award. This extension, including all terms and conditions of the original bid documents, shall be by mutual agreement in writing. Notice of award of bid will be available for bidders to download through http://purchasing.pasco.k12.fl.us/ (under “Vendor Bid”), or bidders may view the official postings in person in the office of the Purchasing Agent. Otherwise, purchase orders will be forwarded to successful bidders as acknowledgement of bid award. Failure to read or comply with the enclosed general information form in no way relieves the bidders from their liabilities arising hereunder, and no bid may be withdrawn prior to Board approval without written consent by the Purchasing Agent. District School Board of Pasco County NOTE: The following instructions have been developed specifically for this bid and may or may not be the same as previous or future solicitations for this type of service or commodity. Therefore, all bidders are urged to review these instructions, in detail, before submitting their bids. This bid document is the complete and final expression of intention between the parties. INSTRUCTIONS TO BIDDERS
General Bid Instructions: These are general instructions for bidding procedures only for the District School Board of Pasco County, Florida, and can be superseded by special instructions and addenda.
The School District shall not be responsible for oral interpretations given by a School District employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretations, clarification or additional information can be given that would change the terms and conditions of the bid. If any addenda are issued to this bid, a notice will be reflected on The District School Board of Pasco County Purchasing website at, http://purchasing.pasco.k12.fl.us/ (under “Vendor Bid”). However, prior to submitting the bid, it shall be the sole responsibility of each bidder to determine if addenda were issued and, if so, to obtain such addenda for attachment to the bid.
Should any questions arise concerning this bid, please contact the Purchasing Agent's office, 20430 Gator Lane, (between State Roads 52 and 54 on Land O' Lakes Boulevard) in Land O' Lakes, FL 34638-2803. Telephone: (813) 794-2221 Tampa, (727) 774-2221 New Port Richey, and (352) 524-2221 Dade City.
Taxes: No taxes shall be included in any bid price; the School Board is exempt from state and federal sales, use and excise taxes. Florida Sales Tax Exemption #85-8013921275C-1 and Federal Excise Tax Exemption #59-6000792 appear on the purchase order.
Product Standards: Where a definite product is specified, it is not the intention of the Board to discriminate against any "approved equal" product of another manufacturer, but is intended that a definite standard be established. The determination as to whether any alternate product or service is or is not equal shall be made by the School Board, or its representative, and such determination shall be final and binding on all bidders. Alternates will be considered.
Deviations from Specifications: Any deviations from the attached specifications must be explained in detail; otherwise, it will be understood that items offered are in strict compliance with the specifications, and the successful bidder will be held responsible therefore.
Samples: When requested, samples, specification sheets, brochures, etc., will be furnished at the bidder's expense, tagged and labeled with bidder's name, item number and bid number. (Bidders will be responsible for the removal of all samples furnished within 30 days after bid opening. All unreturned samples will be disposed of after 30 days at the District’s discretion.)
Ink: All quotations and bids must be typewritten or completed in ink. Any corrections to the bid/proposal must be initialed by the bidder in ink. Bids submitted in pencil are not acceptable and subject to disqualification.
SIGNATORY AUTHORITY:ALL QUOTATIONS AND BIDS MUST BE SIGNED IN INK (SEE OFFICIAL SIGNATURE PAGE OF THE BID DOCUMENTS) BY AN OFFICER OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM.
Erasures: Erasures are not acceptable on bids. If changes are necessary, strike out or draw a line through incorrect price and write the correct price above. Bidder must initial all changes.
Conditional Bids: The Board specifically reserves the right to reject any conditional bid and will normally reject those which make it impossible to determine the true amount and quality of the bid.
Purchase Order: The award of the bid shall not constitute an order. Before any shipments are made, bidder must receive a purchase order. Shipments shall be made as specified on the purchase order, conforming to the bid form, specifications, and general instructions.
District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Maintenance/Parts/Repair Availability: Maintenance, repair service and local parts availability are also essential; therefore, bidders on machinery, equipment and/or tools should furnish parts catalog and price list, as well as applicable repair manual. The Board reserves the right to delve into availability, efficiency, and quality of service before making final evaluation and decision.
Compliance with Safety Regulations: All furniture, machinery, equipment and/or tools must comply with OSHA, UL. Safety Regulations and other standards for educational use in public schools as required by the U.S. Government, State of Florida, Pasco County and/or local municipality. This includes various safety accessories; and it is the bidder's responsibility to meet the necessary requirements. All electrical components must meet minimum NEMA specifications.
Product Guarantee: In all cases, bidder must submit on a bid form a sample of actual factory written guarantee; unless otherwise specified, or in the absence of sample guarantee, the Board will assume product is guaranteed for a minimum period of one (1) year from date of installation and/or delivery.
"Foreign" Specification: Products not manufactured in the U.S.A. must be noted as "foreign" and state the country of origin. Failure to do so may subject the bid to disqualification.
Quantity: Where indicated, quantities are estimated only; the Board reserves the right to purchase more or less, provided orders are placed within the time limits specified.
Bid Opening Attendance: All bidders have the right to attend the bid opening, if desired.
Maintenance/Service Agreements After Warranty: Maintenance and/or service agreements that take effect upon the expiration of the warranty period, and for which there will be a separate charge, must be outlined in the bid and approved in advance by the Board or its authorized agent.
Products/Service/Availability: All products, equipment, merchandise and miscellaneous material bid and/or ordered must be the latest manufacturer's model and design. Immediate service and parts availability must be guaranteed for a minimum of five (5) years.
Toxic Substances: All contractors are to notify the District Superintendent, in writing, at least three days prior to use of a toxic substance in the construction, repair, or maintenance of educational facilities. The notification is to contain the name of the substance, where and when the substance is to be used, and the Material Safety Data Sheet (MSDS) for the substance. Ref. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200)
Item Pricing: All prices, including total, must include any and all discounts. In the event of price discrepancy, the following provisions will prevail:
• Item by item bids - unit prices • Lot or group bids - lot or group prices • All or none bids - total price
Prices stated must be in units as specified. In case of a discrepancy between the unit price and the extension, the unit price will be considered correct. Any requirement by the bidder that certain “all or none” groups, quantities, weights, or other criteria must be met in order to qualify for bid prices, may result in disqualification of the bid. Likewise, expiration dates or other constraints which are in conflict with bid requirements will result in disqualification.
Tie Bid: In the event of “tie” bids, awards will be decided in the following descending order until the “tie” bid has been resolved:
• Drug-Free Workplace • Local Preference (In accordance with Board Policy DJF, when prices, quality and other considerations are
essentially identical, Pasco County bidders may be given preference.)
• Certified Minority Vendor (Include with Bid Document) • Toss of the Coin
District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Alternate Items: Only one alternate per item number, as close to specifications as possible, will be allowed. If more than one alternate on an item is submitted, the bids for that entire item number will not be considered.
Substitutions: Substitution of other brands for items bid, awarded and ordered is prohibited except as may be approved by the Purchasing Agent.
Payment for Merchandise: The School Board of Pasco County normally issues payment for merchandise within thirty (30) days from receipt of invoices, provided the goods and/or services have been received in a satisfactory and proper manner. All discounts must be included in bid price and should be based on thirty (30) day payment. Except by prior agreement, the Board will not consider special discounts on shorter time intervals, nor will they consider bids that impose penalties or service charges for periods beyond thirty (30) days.
Bid Results: The District School Board of Pasco County holds regular meetings on the first and third Tuesday of each month. In accordance with the Administrative Procedures Act, all bid recommendations are posted in the Purchasing Department on the Wednesday preceding the Board meeting. Interested parties may obtain posting dates of bids from the Purchasing Department; however, individual bid recommendations will not be given over the telephone due to the length of time involved. Bidders are encouraged to review the bid tabulation/recommendation postings during normal School Board working hours in the Purchasing Department.
Posting of Bid Tabulations/Recommendations: In accordance with the Florida Administrative Procedures Act, bid tabulations/recommendations are posted for a minimum of seventy-two (72) hours prior to the special or called School Board meeting on which official action will be taken. It shall be the interested party's responsibility to ascertain the actual date of posting and/or Board meeting for the specific bid of interest. Reference School Board policy DJG, posted at http://purchasing.pasco.k12.fl.us/ under Vendors, Doing Business with Pasco County Schools, for specific information regarding vendor complaints and disputes.
Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
The prospective bidder certifies, by submission and signature of this bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction per the provisions of Florida Statute 287.133(2)(a).
Federal Debarment Certification: Certification regarding debarment, suspension, ineligibility and voluntary exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, Part 85, Section 85.105 and 85.110-(ED80-0013). a)
The prospective lower tier ($25,000) participant certifies, by submission and signature of this bid, 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 department or agency.
Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.
Fair Labor Standards Act - "Hot Goods”: "The bidder's signature on the bid certifies that these goods are or will be produced in compliance with all applicable requirements of Section 6, 7 and 12 of the Fair Labor Standards Act, as amended, and/or regulations and orders of the United States Department of Labor issued under Section 14 thereof."
District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Assignments: Any contract or purchase order issued pursuant to this bid invitation, and any monies which may become due hereunder, are not assignable except with the written consent of The District School Board of Pasco County or its agent. Any requests for assignment must be directed to the Purchasing Agent, in writing, stating the reason for the request and any other particulars germane to the proposition.
Drug-Free Workplace Certification: In accordance with Section 287.087 F.S., the bid preference shall be given to businesses with drug-free workplace programs, whenever two or more bids are equal with respect to price, quality, and service are received by the state, or by any political subdivision, for the procurement of commodities or contractual services. A bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied bidders have a drug-free workplace program.
Action Required: Please include a statement in the bid as to whether or not your workplace has implemented a Drug-Free Workplace Program. The absence of this statement in the bid document will be construed to mean that there is no such program in place.
Occupational Health and Safety (OSHA): In compliance with Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200), any item delivered from a contract resulting from this bid must be accompanied by a MSDS. The MSDS will be maintained by the user agency and must include the following information:
The chemical name and the common name of the toxic substance.
The hazards or other risks in the use of the toxic substance, including:
The potential for fire, explosion, corrosivity, and reactivity;
The known acute and chronic health effects or risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and,
The primary routes of entry and symptoms of overexposure.
The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure.
The emergency procedures for spills, fire, disposal and first aid.
A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.
The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information.
Claims Responsibilities: It shall be the responsibility of the bidder to file claims for damage or defective merchandise. In the event of receipt of merchandise with concealed damage, bidder will be immediately notified by phone with a follow-up letter within twenty-four (24) hours of notification.
Package Identification: All cartons and/or cases delivered to District School Board of Pasco County Central Warehouse shall be clearly identified as to the contents and name of bidder (not shipper). Any expenses incurred by the School Board for identifying shipments shall be deducted from bidder's invoice. All containers must have a label attached identifying contents and instructions.
Default: Should any bidder fail to enter into a contract with the School District on the basis of the submitted bid by said bidder or, in the event of a default, bidder acknowledges that bidder shall be liable to the School District for the difference between such bid price and the price the School District pays to secure the merchandise from another source, in addition to attorney’s fees and costs of collection. In addition, failure to pay said amount to the School District upon demand would result in the company being barred from doing business with the School District for a period of not less than three (3) years from date of default. Thereafter, the bidder may request to be reinstated.
District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Protests: All bidders are cautioned that strict guidelines and timetables must be followed in order to file an official protest on specifications or the award of bids. A copy of Board Policy DJG is posted in the office of the Purchasing Agent for review; copies may also be obtained upon request. Failure to adhere to Board Policy DJG, or failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Gratuities: In the event that any gratuities or "kickbacks" are offered or tendered to any School District employee or a subcontractor as an inducement for award of a bid, Request for Proposal (RFP), subcontract or order, the bidder's bid/proposal shall be disqualified and the bidder shall not be reinstated.
Indemnification/Hold Harmless: As specified in Florida Statute, Section 725.06, the bidder agrees to indemnify and hold the School District harmless from all third-party claims and all costs, including attorney's fees, incurred by the School District in defending same, to the extent such claims are based on a defect in a product or part thereof, supplied of such a product or part thereof to conform.
Open Records: All information submitted in response to this request shall be subject to compliance with Florida Statute Chapter 119.07, Public Records, and 815.045, Trade Secrets. All information submitted as "Trade Secret" information should be submitted in a separate envelope and so indicated. If challenged, the bidder who submits the "Trade Secret" information will bear all costs associated with defending their position.
Indemnification for Goods and Services: During the term of this bid, the bidder shall indemnify, hold harmless, and defend the School District of Pasco County, Florida, its agents, servants and employees from any and all costs and expenses, including but not limited to, attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which the School District, its agents, servants and employees may pay or become obligated to pay on account of any actions founded thereon, arising or alleged to have arisen out of the products, goods, or services furnished by the bidder, his agents, servants or employees, or any of his equipment when such persons or equipment are on premises owned or controlled by the School District for the purpose of performing services.
Court Venue: Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the appropriate court in and for Pasco County, State of Florida. The laws of the State of Florida shall govern this transaction.
Fiscal Nonfunding Clause: In the event sufficient budgeted funds are not available, Purchasing shall notify the bidder of such occurrence and the contract shall terminate without penalty or expense to the School District.
Discrimination: An entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity, and may not transact business with any public entity.
Vendor’s Records: The District School Board of Pasco County reserves the right to review any and all vendor records that are connected with any District School Board of Pasco County purchase resulting from this award for a period of not less than five (5) years after the end of the contract.
Collusion: The bidder, by affixing their signature to this bid, certifies that their bid is made without previous understanding, agreement or connection with any person, firm or corporation making a bid for the same item(s)/service(s), and is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action.
Y2 Compliance: All products (the term product shall include software, firmware, microcode, hardware and embedded chip technology) and services bid under this bid/proposal will be Y2K compliant.
District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Purchasing Card Program: The District School Board of Pasco County has implemented a purchasing card program through Regions Bank, using the VISA network. Vendors will receive payment from the purchasing card in the same manner as other VISA purchases. Please indicate your ability to accept VISA in the space provided below.
Conflict of Interest: Bidder must execute either Section I or Section II hereunder relative to Florida State Statute 112.313(12). Failure to execute either section may result in rejection of this bid/proposal. SECTION I
I hereby certify that no official or employee of Pasco County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company.
SECTION II I hereby certify that the following named Pasco County Public Schools official(s) and/or employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 14236 Sixth Street, Dade City, Pasco County, Florida, 33523, prior to bid opening. District School Board of Pasco County INSTRUCTIONS TO BIDDERS
Bid documents: Bidder must return the entire bid document (all pages, including cover sheet and general instructions as an intact document). On the bottom of each page you must list the company’s name and initials of the person filling out the forms. Failure to submit an entire bid document may result in automatic disqualification for failure to properly execute the entire bid document.
Conditions for Emergency / Hurricane or Disaster: It is hereby made a part of this invitation to bid that before, during and after a public emergency, disaster, hurricane, flood or acts of God that the municipal government, through the District School Board of Pasco County, shall require a “first priority” basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation, which threatens public health and safety, as determined by the District School Board of Pasco County. Vendor/Contractor agrees to rent/sell/lease all goods and services to the District School Board of Pasco County or other government entity as opposed to a private citizen, on a first priority basis. The District expects to pay a fair and reasonable price for all products in the event of a disaster, emergency or hurricane. Vendor/Contractor shall furnish “24-hour” phone number in the event of such an emergency.
I hereby understand and agree to the above statement:
Insurance: The Contractor shall purchase and maintain insurance for protection from claims under worker’s compensation acts: claims resulting from negligent acts or omissions for damages because of bodily injury including personal injury, sickness, disease or death on any of the Contractor’s employees or any other person; claims for damages because of injury to or destruction of personal property including loss of use resulting there from and claims arising out of the performance of this agreement and caused by negligent acts or omissions for which the Contractor is legally liable. All insurance provided under this contract shall be through an insurance carrier acceptable to the Owner. The insurance carrier shall be rated “A” or better by Best’s Key Rating Guide. Limits of coverage shall be:
Coverage: Required:
Automobile Liability & Property Damage
The Owner shall receive thirty (30) days’ prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the Contractor shall procure substitute insurance so as to assure the Owner that the limits of coverage are maintained continuously throughout the period of this agreement.
Rev. 2/3/09 District School Board of Pasco County Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid.” Be sure to include the name of the company submitting the bid where requested:
10-0125-DR
BID TITLE: USDA Commodity Peanut Butter Processing – Food & Nutrition Services
DUE DATE/TIME: April 23, 2009 by 2:30 p.m. Please Note: From time to time, addenda may be issued to this bid/proposal. Any such addenda will be posted at http://purchasing.pasco.k12.fl.us/ (under “Vendor Bid”). The District School Board’s Purchasing Department can also be reached at the following phone numbers:
If you are registered with Vendor Bid, you will receive automatic notification of bids and addenda. You must have a valid W-9 form on file and be registered under Vendor Bid in order to conduct business with The District School Board of Pasco County.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
USDA COMMODITY PEANUT BUTTER PROCESSING BID
BID OPENING at 2:30 P.M. in the Purchasing Department.
Anticipated bid awarded at School Board meeting.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR TABLE OF CONTENTS
Direct Shipment of Fee for Service Product Orders .
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR TABLE OF CONTENTS (Continued)
Completion of Commodity Processing Bid Sheets
Completion of Balance of Line Commodity Processing
Completion of Product Nutrition Information Sheets
Completion of Product Allergen Information Sheets
Completion of Delivery Information and Requirements Sheet
Balance of Line Commodity Processing Product Bid Sheets
Delivery Information and Delivery Requirements
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR SECTION I – BID SUBMITTAL
1.01 – REQUIRED ELEMENTS:
The entire bid must be submitted on the enclosed forms, signed by a legal officer of the company, with company name, date, etc., otherwise bid will be automatically disqualified for failure to properly execute the official bid document. Envelopes must be sealed and clearly marked on the outside "Sealed Bid." A cutout label for this purpose is enclosed. Bids will not be accepted by fax or electronically. Additional information is required with the following: • Instructions to Bidders:
USDA Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion (Form AD-1048 (1/92)), page 4, #27
Drug-Free Work Place Certificate (if applicable), Page 5, #29 Conflict of Interest, Pages 7, #46 Conditions for Emergency / Hurricane or Disaster, Page 8, #48
• Summary End Product Data Schedules of all products bid, Section 2.10, Page 19 • Ingredient Statements for all products bid, Section 2.10, Page 19 • Bid Signature Sheet, Page 34 • Product Bid Sheets, Appendix A (hardcopy required) • Balance of Line Product Bid Sheets, Appendix B (hardcopy required) • Nutrition Information for all products bid, Appendix C (hardcopy required) • Allergen Information for all products bid, Appendix D (hardcopy required) • Minimum Delivery Requirements, Appendix E (hardcopy required) A representative of the company that can so bind the company must sign these sheets with original signatures (not faxed). Submit the entire bid text including all instructions and executed forms.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR SECTION II — PERFORMANCE REQUIREMENTS
2.01 SCOPE: Notice is hereby given that the District School Board of Pasco County, Florida, requests written sealed bids on behalf of the P.O.W.E.R. Buying Group to provide processing of USDA commodity peanut butter. The term of this bid is for a three-year period renewable annually with the mutual written consent of both parties. The P.O.W.E.R. Buying Group is made up of the following 37 school boards:
Highlands County Indian River County Jackson County
The mission of the P.O.W.E.R. Buying Group is to cooperatively procure high quality, reasonable priced products and services for child nutrition programs to enhance learning in member school districts. The District School Board of Pasco County is at all times custodian of this bid. Each County School Board will be responsible for obtaining their respective school board’s approval for this bid; making delivery arrangements; and issuing its own purchase orders. At the present time, funding to the District from the United States Department of Agriculture (USDA) has not increased relative to the current economic challenges related to foods and petroleum-based products. It is important that bidders understand the District’s budgetary restrictions when offers are submitted. To fulfill our fiduciary responsibilities, we are hereby requesting that all pricing submitted be as competitive as possible, so that we may return maximum value to our constituents. By signing this bid document, the bidder is acknowledging that the District’s current or future budgetary shortfalls may materially impact long-term completion of the District’s obligations under this contract, and/or may materially impact the District’s ability to renew the contract for subsequent terms. Company Name/Initials District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
2.02 AWARD: For school districts to best utilize full truckloads of commodity peanut butter, maximize purchasing power and bookkeeping efficiencies, and meet minimum delivery requirements, items in Group A will be awarded on an “All or None” basis by commodity code category. Using estimated annual commodity usage numbers and total delivered price per portion, award of items will be made to the qualified bidder with the “lowest and best” responsive and responsible total bottom line cost for the most line items in each commodity code category. Total price per portion will be determined by including the value of the donated food per portion, as calculated using the most current USDA commodity food values indicated on the Summary End Product Data Schedule. Items in Groups B will be awarded by line item. “Lowest and best” responsive and responsible bid price per portion will be determined by including the value of the donated food per portion, as calculated using the most current USDA commodity food values indicated on the Summary End Product Data Schedule. In the event of “tie” bids, awards will be decided in the following descending order until the “tie” bid has been resolved.
2.03 — CONTRACT DURATION: The term of this contract shall be for a period of twelve (12) months from July 1, 2009 through June 30, 2010. This stipulation shall be the subject of a ninety (90) day written notice of cancellation by either party without cause and seven (7) days with cause. Prices and discounts shall remain firm for this period and shall include ALL freight and handling charges. The awardee(s) shall agree to this condition by signing their bid. The Board reserves the right to renew this contract or any portion thereof for up to two (2) consecutive twelve (12) month periods, upon mutual agreement with the awardee(s) and the School Board’s approval. The Board, through the Purchasing Department shall, if considering renewing the contract, request a letter of intent to renew from the awardee(s) in writing. Non-Renewal: The School District issues a written renewal request to awarded vendors if such renewal has been authorized by the operating department or school. Vendors are advised that if they have not received this renewal form thirty (30) calendar days prior to the current bid’s expiration date, the School District has chosen not to renew the bid. 2.04 — PRICE ADJUSTMENTS: The bid prices MUST remain firm and fixed for one (1) year of the contract. The School District may grant fee increases (or decreases) prior to each Company Name/Initials District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
annual contract review. Increases (or decreases), if granted, shall be in increments of full cents per purchase unit only and shall be based on the monthly Producer Price Indexes (PPI) published by the Bureau of Statistics, U.S. Department of Labor using combined cumulative data with 50% weighting from Industry Data Series ID: #PCU311---311---, Industry: Food manufacturing, Product: Food manufacturing, using the final version data available at the following web address: http://data.bls.gov/cgi-bin/dsrv and 50% weighting from Industry Data Series ID: #PCU48412-48412, Industry: General freight trucking, long-distance, Product: General freight trucking, long-distance, using the final version data available at the following web address: http://data.bls.gov/cgi-bin/dsrv. Requests for escalation must be in writing 60 days prior to renewal and include documentation of baseline cost and escalated cost. The School District will review the appropriate annual data and send a report to the contractor(s) concerning the calculations derived for granting or not granting increases as may be applicable. The decision for granting increases (or decreases) shall rest solely with the School District. Price adjustments will be calculated by using the simple percentage method of calculation. Calculations shall be according to the U.S. Department of Labor, Bureau of Labor Statistics, Producer Price Indexes, titles Escalation Guide for Contracting Parties, using the latest available version of the Producer Price Index data published, final version. For Fee for Service bid prices, price adjustments will be applied to the processing fee per case. For Net Off Invoice bid prices, price adjustments will be applied to the net price per case. The NOI bid price (commodity benchmark price) to distributor per case can be determined by adding the current value of donated food per case as established with USDA to the adjusted net price per case. If the Department of Labor should discontinue the above indexes, then an index will be selected that is mutually agreeable to both parties. If no agreement can be reached, then bid/contract will terminate at the end of its current term. Should the Series ID and/or title of PPI change, the Industry and Product and Commodity Group and Item shall remain constant. To illustrate, suppose that the contract escalation clause refers to 50% from Industry Data Series ID: #PCU311---311---, Industry: Food manufacturing, Product: Food manufacturing index and 50% from the Industry Data Series ID: #PCU48412-48412, Industry: General freight trucking, long-distance, Product: General freight trucking, long-distance, index. Also suppose that a price adjustment is being requested in January, 2009 for the following school year and the latest final version of the Producer Price Index published is for the month of October, 2008. The Food manufacturing data index was 176.4 in October, 2008. A year prior when the base price was established or the last price adjustment was made, the figure was 176.4 for October, 2007. This represents an increase of .5488 in the Food manufacturing data index as shown. Also suppose that the General freight trucking, long-distance price index was
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
123.1 in October, 2008. A year prior when the base price was established or the last price adjustment was made, the figure was 116.6 for October. 2007. This represents an increase of .5278 in the General freight trucking, long-distance price index as shown. Series ID # PCU311---311--- PCU48412-48412- Freight, long-distance
Index at time of calculation (October, 2008)
Divided by index at time base price was set
Add the two weighted indexes together (0.5488 + 0.5278) for a total of 1.08. This means that the base price should be increased by 1.08. To proceed: Fee for service per case or net price per case
Equals adjusted fee for service or net price per case
In later years, this procedure would be applied again by taking the current index value and subtracting from it the index value at the time the base price was adjusted, and then proceeding just as described above. 2.05 – SPECIFIED PRODUCTS AND ALTERNATES: Unless specified elsewhere, any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in the specifications are descriptive, not restrictive. For each item, the bidder may bid one (1) brand/code specified as an “approved product” and propose any one (1) product that meets or exceeds the applicable specifications as an alternate if not listed as an “approved product.” The successful bidder shall demonstrate comparability, including appropriate specifications, nutritional information, etc. An unopened sample case of each alternate item bid may be required at several locations for student acceptability testing between May 4 and May 7, 2009. The School Board shall determine in its sole discretion whether a product is acceptable as an equivalent. If a lower cost alternate product is bid in addition to the approved product, it must be tested for approval. If a Group A product is approved as an alternate, the dollar values for the alternate will be substituted into the Group A (“All or None”) grand total for that line item. 2.06 – BALANCE OF LINE: In an effort to maximize use of the awarded USDA donated bulk commodities, School Districts may choose to process items not currently specified or purchased in each commodity category. Bidder must submit a completed bid page (Appendix Company Name/Initials District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
B) for each balance of line product they wish to have added to their list of approved products by category. Bidder is required to submit approved Summary End Product Data Schedule Sheets, nutrition information and ingredient statements with their bid for each item listed in their balance of line. The School Board shall determine in its sole discretion whether a product is acceptable as a balance of line addition to the bid. 2.07 — NEW PRODUCTS AND PACK SIZE CHANGES: The Board reserves the right to negotiate pricing with the successful bidder to supply new processed items utilizing the awarded bulk commodity. A comparative cost analysis of new products will be performed using the negotiated commodity processing price, current commercial bid prices, and donated food values. Changes in pack size must have prior written approval of the School District. 2.08 — DELIVERIES: Delivery of Net Off Invoice and Fee for Service through Distributor (Modified Fee for Service) items will be handled by the distributor who has been currently awarded mainline food items for each individual participating county. Delivery charges or fees, if any, shall be included in the price bid. Minimum delivery requirements must be indicated in Appendix E. Members of the P.O.W.E.R. Buying Group are currently being serviced by US Foodservice operations located in Montgomery, Alabama, Ormond Beach, South Florida (Pompano) or Tampa, Florida. See Appendix E for a list of districts serviced from each US Foodservice operation. Direct shipment of Fee for Service items shall be “just-in-time” to warehouse locations specified by each individual School Board’s Food Service Department. Delivery charges or fees, if any, shall be included in the price bid. No charges shall be noted on the invoice for delivery or handling fees. The Board will not be responsible for supplying any labor, materials and equipment required for the off loading and placement of items as directed. All frozen commodity processed items must be delivered on refrigerated trucks and arrive in a frozen state. Products showing evidence of thawing will be refused. Processing and delivery schedules will be coordinated between the successful bidders and each individual participating School District’s Food & Nutrition Services Departments. Awarded vendors must contact the appropriate warehouse personnel or food service director of the county in the P.O.W.E.R. Buying Group where direct shipment is to be made. For all direct shipment delivery appointments for the District School Board of Pasco County, please contact Bill Amon, Distribution Services Coordinator, (813) 794-2422. Delivery hours are 8:00 AM to 3:00 PM Monday through Friday. Company Name/Initials District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
2.09 — QUANTITIES: Estimated annual commodity usage has been provided based upon the use of commodity items by PBG districts during the 2008-2009 school year. The P.O.W.E.R. Buying Group’s need for service depends on the availability of USDA donated commodities. Estimated quantities do not guarantee a specified purchase volume. Estimated annual usage of the commercial equivalents to specified commodity products has been provided for information purposes only. 2.10 — PRODUCT INFORMATION: Bidder is required to submit approved Summary End Product Data Schedule Sheets, nutrition information, and ingredient statements with their bid for each item bid. Appendix C must be completed with the nutrition information for each product bid. Appendix D must be completed with allergen information for each product bid. 2.11 — DIRECT SHIPMENT OF FEE FOR SERVICE PRODUCT ORDERS: The Food Service Director (or designee) will place processing requests directly with the successful bidder(s). Orders will be placed by written or electronic requests sent to the successful bidder(s). No substitutions will be allowed without written permission from the Food Service Director. If substitutions are made without prior written permission, a processor may be removed from bidders’ list for a period of one (1) year or the remainder of the contract, whichever is longer. 2.12 — UTILIZATION REPORTS: The successful bidder should maintain perpetual utilization data by line item, processing fee, and pounds of donated food, both monthly and year-to-date. Utilization reports must show data by purchasing unit, by pounds of donated food, as well as by dollars. An approved web-based record keeping system is preferred. 2.13 — “BUY AMERICAN” COMPLIANCE: As a sponsor of the National School Lunch and School Breakfast Programs, the P.O.W.E.R. Buying Group will consider only applicable products which comply with the requirements of the “Buy American” Act. The Buy American Provision Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the NSLP and SBP in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for the use in meals served under the programs. The legislation defines “domestic commodity or product” as one that is produced in the United States and is processed in the United States, substantially using agricultural commodities that are produced in the United States. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
The report accompanying the legislation stipulated that “substantially” means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. It is the P.O.W.E.R. Buying Group’s intent to strictly adhere to this policy. Decisions to the contrary shall be the P.O.W.E.R. Buying Group’s prerogative. The bidder shall give the P.O.W.E.R. Buying Group advance notice of any conflict with this policy. 2.14 – APPLICABLE LAW: All products must conform to applicable federal and state laws and be in accordance with the standards called for by the USDA, the FDA, or Food, Drug and Cosmetic Act and all other agencies as may be required. 2.15 — CONTRACTOR QUALIFICATIONS: Only bidders who have made application to the Department of Agriculture and have been approved by the USDA for a State of Florida Commodity Processing Agreement are eligible to bid those approved products. A copy of your current USDA approved Summary End Product Data Schedules must be submitted with your bid proposal as proof. Failure to submit the current approved data schedule with your bid may result in disqualification of the bid for that specified product. The successful bidder must furnish all labor, equipment, and packaging materials required for the processing of all products requested in this bid. All processing must take place in a plant currently inspected and approved by the United States Department of Agriculture. 2.16 — CONTRACT CANCELLATION: The contract may be canceled by either party on ninety (90) calendar days written notice without cause. The contract may be canceled for cause by either party upon issuance of written notice ten calendar (10) days prior to the intended date of cancellation. NOTE: The School District may cancel a contract immediately if health or safety appears threatened. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
2.17 —DEFAULT: After award of this bid, any bidder receiving an award that violates any specification, term or condition of this bid can be found in default of this contract. If found in default, remedies include cancellation of contract, replacement of product, costs associated with replacement of product, and removal from the bid list and prohibited from doing business with the School Board for the remainder of the contract. 2.18 — PROPRIETARY INFORMATION: The School Board operates under the Sunshine State Law and as such, if the contractor perceives that any information supplied the School District is proprietary in nature or is considered to be a trade secret; the contractor must identify such information in advance. However, the bidder, in accepting this contract, agrees that the School District, or its employees or representatives, will not be held liable for the dissemination or release in any manner of information deemed by the contractor to be of a proprietary nature. 2.19 — DISCLAIMER: Employees or representatives of the School District act exclusively as agents for the administration of this contract, and are not liable individually or congregately for any performance or non-performance as may be relative to this arrangement. 2.20 — RECORDS RETAINMENT: The successful bidder must retain in an accessible manner, all records, particularly delivery invoices, price changes, utilization data and other pertinent information as may be relative to this contract for a period of three (3) years after the School District’s fiscal year to which they pertain. The successful bidder must receive School District approval prior to record destruction. 2.21 — INSURANCE: The successful bidder shall purchase and maintain insurance for protection from claims (1) under work's compensation acts; (2) claims resulting from negligent acts or omissions for damages because of bodily injury including personal injury, sickness, disease or death of any of the contractor's employees or any other person; (3) claims for damages because of injury to or destruction of personal property including loss of use resulting there from and claims arising out of the performance of this agreement and caused by negligent acts or omissions for which the contractor is legally liable.
Any deductible or self-insured retention's must be declared to and approved by the Board. At the option of the Board, either the insurer shall reduce or eliminate such deductibles or self- insured retention's as respects the Board, its officers, officials, employees and volunteers, or the successful bidder shall procure a bond guaranteeing payment if losses and related investigations, claim administration and defense expenses. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Evidence of insurance must be furnished to the Board as part of and before commencement of this contract, and the Board shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction, of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the successful bidder shall procure substitute insurance so as to assure the Board that the limits of coverage are maintained continuously throughout the period of the Agreement. All insurance policies required of this agreement shall name the Board as an additional insured for the insurance and shall contain a waiver of subrogation against the Board. The successful bidder shall require these insurance provisions to apply in full force and effect to its subcontractors and shall provide the Board certificates of insurance as described herein. All insurance provided under this contract shall be through an insurance carrier acceptable to the Board. The insurance carrier shall be rated "A" or better by Best's Key Rating Guide and shall, with bid, provide the Board with evidence of financial strength. Limits of coverage shall be: Coverage: Required:
2. Commercial General Liability Combined Single Limit
Commercial General Liability shall include Premises and/or Operations, Independent Contractors and Products and/or Completed Operations, Broad Form Property Damage and XCU Coverage, and a Contractual Liability Endorsement. Any failure to comply with reporting provisions of the policies hall not affect coverage provided to the Board, its officers, officials, employees or volunteers.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR SECTION III — BID PROCEDURES
3.01 — EXECUTION AND DELIVERY OF BID FORMS: Vendors responding to this bid shall execute and submit any standard documents which may be included in the bid packet (See Section 1.01). Sealed Bids shall be received at the time and place indicated on the Certification Sheet, Section I. Bids delivered after that time will be returned, unopened to bidders. Postmarks or dating of documents will be given no consideration in the case of late bids. The bid number, time, and date of bid opening, and the term, “Sealed Bid Pasco USDA Commodity Peanut Butter Processing” shall be noted on the face of the envelope in the lower left corner. If delivered by a carrier such as Federal Express, or UPS, the marked envelope shall be placed inside of the deliverer’s envelope. Failure to do this may cause the bid to be inadvertently opened at time of arrival. Bidders must use the bid forms furnished with this solicitation or copies thereof. FAX submittals will NOT be accepted. For your convenience, Appendices A through E have been included in a Microsoft document which will automatically calculate some of the required information. The entire spreadsheet must be completed and a printed hardcopy version must be initialed and submitted with the complete bid document. A CD containing the completed version of Appendices A through E may be included in the bid packet. If preferred, the blank spreadsheet can be printed, manually completed, initialed and submitted with the complete bid document. 3.02 — CLARIFICATIONS: It shall be incumbent upon each bidder to understand the provisions of this bid document, and when necessary, obtain clarifications prior to the time and date set for bid opening. Failure to obtain a clarification will be no excuse or justification for non-compliance with the provisions set forth herein. The School District shall issue a written addendum if it is determined that all prospective bidders should have benefit of the clarification. No addendum will be issued within five (5) working days prior to the date the bids are to be opened. Bidders must call the School District to determine if addenda have been issued prior to submitting bids. 3.03 — BID REJECTION / ACCEPTANCE: The School District reserves the right to reject any or all bids, and to waive any informality. Any or all bids or responses may be rejected when there are sound, documented business reasons that serve the best interests of the District or the program sponsor the Department of Education. If a bidder fails to stipulate otherwise, it is understood and agreed that the School District has sixty (60) days to accept an offeror’s bid. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
3.04 — BID OPENING: The bid opening will be open to the public. The opening will serve only to open and read the fee for service and net off invoice product costs, total delivered price per portions, item totals and grand totals by category submitted by each bidder. No award will be made either stated or implied at the bid opening. Any vendor making provisions to service a contract on the basis of information obtained at the bid opening does so at their own risk. The School District has no obligation to any contract except as would be authenticated by issuance of a purchase order, after approval by the School Board. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR SECTION IV —COMMODITY PROCESSING BID SHEETS 4.01 COMPLETION OF COMMODITY PROCESSING BID SHEETS (Appendix A)
Vendors may bid one (1) product per item number, i.e. Item 1A as specified and one (1) alternate. (See Section 2.05.) Group: Identifies the bulk USDA commodity food item being processed. Description of Item: Identifies the products required in terms of short descriptions including the portion size and contribution to the National School Lunch Program meal pattern when applicable. Approved Brand(s): Identifies the products tested and approved to meet item description. Estimated Annual Commodity Usage: Identifies estimated quantities (in portions) of specified item. Quantities are based upon the commodity processed items purchased by P.O.W.E.R. Buying Group districts during the 2008-2009 school year. This quantity does not guarantee an amount to be purchased, but will be used to determine award of the bid. Estimated Annual Commercial Usage: Identifies estimated annual quantities (in portions) of the commercial equivalent for the specified item. Quantities are based upon the commercial equivalent items purchased by P.O.W.E.R. Buying Group districts during the 2008-2009 school year. This quantity is provided for information purposes only, as some districts may choose to commodity process items in the future that are currently being purchased commercially. Specified Items: Required Information to be completed by bidder: Indicate the required information for products listed as an approved brand and code. Alternate Items: Required Information to be completed by bidder: Indicate the required information for products that meet or exceed the applicable specifications as an alternate if not listed as an approved brand and code. Brand: Indicate the brand name of the approved product specified or an equivalent alternate product that meets or exceeds the specifications. Commodity Code #: Indicate the item code number for the item specified. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Commercial Code #: Indicate the item code number for the commercial equivalent of the item specified. If not available, indicate N/A. Portion Size: Indicate the portion size (i.e. oz, quantity) to meet the serving size indicated in the item description. Portions / Case: Indicate the number of portions (size indicated above) per case. Case Size: Indicate the pack size of the case (i.e. 6/5#, 120 each). Pounds DF / Case: Indicate the number of pounds of donated food used to produce one case of finished product as reported on the approved Summary End Product Data Schedule (SEPDS) form. Fee for Service / Case: Indicate the processing fee per case using traditional processing methods. Delivery charges or fees, if any, shall be included in the price bid. Recipient school board is invoiced directly from processor a per pound/case price excluding the value of the commodity. Product is to be delivered to the recipient school district’s warehouse or their designated storage and distribution facility. If recipient school district elects to have product delivered to a distribution facility, the distributor may act as the processor’s billing agent and invoice the district the per pound/case price plus distribution fees (Modified Fee for Service). If Fee for Service is not available, indicate N/A. NOI Bid Price (Commodity Benchmark Price) / Case: Indicate the gross bid case price to the distributor for Net Off Invoice commodity processed item. Delivery charges or fees to the distributor, if any, shall be included in the price bid. (Bid price does not include distributor’s delivery fees to District.) The current contract awarded for distribution of mainline foods for the P.O.W.E.R. Buying group is based upon a fixed delivery fee per carton. The contract requires an open book policy for audits of manufacturers’ invoices to the distributor. If Net Off Invoice is not available, indicate N/A. DF $ Value / Case: Indicate the dollar value of the donated food (DF) per case passed thru to recipient agency as recorded on the approved Summary End Product Data Schedule. Net (NOI) Price / Case: The net price per case is the NOI bid price (commodity benchmark price) per case less the donated food value per case. Value will be automatically calculated by the spreadsheet. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Net (NOI) Price / Portion: The net (NOI) price per portion is the net price (NOI) price per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Total Price / Portion (Includes DF $ Value): The total price per portion is the fee for service per case plus the donated food value per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Distribution Cost / Portion: The distribution cost per portion is the P.O.W.E.R. Buying Group’s current fixed delivery fee of $1.26 per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Total Delivered Price / Portion: The total delivered price per portion is the total price per portion (including the DF $ value) plus the distribution cost per portion. Value will be automatically calculated by the spreadsheet. Item Total: The item total is the estimated annual commodity usage (portions) times the total delivered price per portion. Value will be automatically calculated by the spreadsheet. Group Grand Total (for Group A only): The group grand total is the sum of the item totals for each item in the group. Value will be automatically calculated by the spreadsheet. If a lower cost alternate product is bid in addition to the approved product, it must be tested for approval. If a Group A product is approved as an alternate, the dollar values for the alternate will be substituted into the Group A (“All or None”) grand total for that line item. 4.02 COMPLETION OF BALANCE OF LINE COMMODITY PROCESSING BID SHEETS (Appendix B) Vendors may bid additional balance of line products for commodity code Group A with an “All or None” award and products utilizing commodity code A704 (See Section 2.06.). Additional copies of Appendix B can be made as needed. One form must be completed for each item. Group: Identifies the bulk USDA commodity food item being processed. Description of Item: Give a short description of the product including the portion size and contribution to the National School Lunch Program meal pattern when applicable. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Brand: Indicate the brand name of the product. Commodity Code #: Indicate the item code number for the product. Commercial Code #: Indicate the item code number for the commercial equivalent of the product. If not available, indicate N/A. Portion Size: Indicate the portion size (i.e. oz, quantity) to meet the serving size indicated in the item description. Portions / Case: Indicate the number of portions (size indicated above) per case. Case Size: Indicate the pack size of the case (i.e. 6/5#, 120 each). Pounds DF / Case: Indicate the number of pounds of donated food used to produce one case of finished product as reported on the approved Summary End Product Data Schedule (SEPDS) form. Fee for Service / Case: Indicate the processing fee per case using traditional processing methods. Delivery charges or fees, if any, shall be included in the price bid. Recipient school board is invoiced directly from processor a per pound/case price excluding the value of the commodity. Product is to be delivered to the recipient school district’s warehouse or their designated storage and distribution facility. If recipient school district elects to have product delivered to a distribution facility, the distributor may act as the processor’s billing agent and invoice the district the per pound/case price plus distribution fees (Modified Fee for Service). If Fee for Service is not available, indicate N/A. NOI Bid Price (Commodity Benchmark Price) / Case: Indicate the gross bid case price to the distributor for Net Off Invoice commodity processed item. Delivery charges or fees to the distributor, if any, shall be included in the price bid. (Bid price does not include distributor’s delivery fees to District.) The current contract awarded for distribution of mainline foods for the P.O.W.E.R. Buying group is based upon a fixed delivery fee per carton. The contract requires an open book policy for audits of manufacturers’ invoices to the distributor. If Net Off Invoice is not available, indicate N/A. DF $ Value / Case: Indicate the dollar value of the donated food (DF) per case passed thru to recipient agency as recorded on the approved Summary End Product Data Schedule. District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Net (NOI) Price / Case: The net price per case is the NOI bid price (commodity benchmark price) per case less the donated food value per case. Value will be automatically calculated by the spreadsheet. Net (NOI) Price / Portion: The net (NOI) price per portion is the net price (NOI) price per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Total Price / Portion (Includes DF $ Value): The total price per portion is the fee for service per case plus the donated food value per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Distribution Cost / Portion: The distribution cost per portion is the P.O.W.E.R. Buying Group’s current fixed delivery fee of $1.26 per case divided by the number of portions per case. Value will be automatically calculated by the spreadsheet. Total Delivered Price / Portion: The total delivered price per portion is the total price per portion (including the DF $ value) plus the distribution cost per portion. Value will be automatically calculated by the spreadsheet. 4.03 COMPLETION OF PRODUCT NUTRITION INFORMATION SHEETS (Appendix C)
This form must be completed and signed for each item bid in order to be considered for award. In addition, a complete and legible nutrition fact label must be provided for each product. Nutrition information should be supplied for the serving size indicated in the product specification (Appendices A and B) for each item. 4.04 COMPLETION OF PRODUCT ALLERGEN INFORMATION SHEETS (Appendix D)
This form must be completed and signed for each item bid in Appendices A and B in order to be considered for award. In addition, a complete and legible ingredient list must be provided for each product. Indicate yes or no if the product bid contains any of the following ingredients: District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
Wheat – Atta, bal ahar, bread flour, bran (wheat), bread crumbs (wheat), bulgar, cake flour, cereal extract, couscous, cracker, dextrin, durum, enriched flour, farina, fillers, food starch (modified), gelatinized food starch, graham flour, ground spices, gluten (wheat), graham, high gluten or protein flour, kamut flour, laubina, leche alim, malt, malted cereal, maltodextrin, Minchin, multi-grain flour, natural flavoring, seitan, semolina, spelt, superamine, tricale, vegetable starch, vital gluten, vitalia macaroni, whole wheat flour, wheat (puffed and rolled), wheat germ, wheat meal, wheat protein powder, wheat starch, wheat tempeh, and winter wheat flour 4.05 COMPLETION OF DELIVERY INFORMATION AND REQUIREMENTS SHEET (Appendix
Vendor must state the minimum delivery requirements for both refrigerated and frozen products.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR SECTION V — STANDARD CONTRACT CONDITIONS
A. A contract (an executed purchase order, that incorporates by referencing this bid
document) resulting from this document shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the State of Florida.
B. Contractors providing service under this document, herewith, assure the School District that
they are conforming to the provisions of the Civil Rights Act of 1964, as amended.
C. Contractors shall comply with Executive Order 11246, entitled “Equal Employment
Opportunity”, as amended by Labor regulations (41 CFR Part 60).
D. State Sales and Use Tax Certificate of Exemption form will be issued upon request. No tax
E. Contractor shall comply with applicable federal, state, and local laws and regulations
pertaining to wages, hours, and conditions of employment. In connection with contractor’s performance of work under the contract, the contractor agrees not to discriminate against any employee(s) or applicant(s) for employment because of age, race, religious creed, sex, national origin or handicap.
F. The contractor agrees to retain all books, records, and other documents relative to this
agreement for three (3) years after final payment. These records can be destroyed only after approval by the School District. The Board, its authorized agent, and/or state/federal representatives shall have full access to, and the right to, examine any of said materials at anytime. If an investigation or audit is in progress, records shall be maintained until stated matter is closed.
G. Contractor shall comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act, (42 U.S.C. 1857-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), which prohibits the use under non-exempt federal contracts, grants, or loans of facilities included on the EPA List of Violating Facilities.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
H. By signing the Certification Sheet, Section I, the contractor certifies that this bid proposal is
made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The contractor certifies that collusive bidding is a violation of federal law and can result in fines, prison sentences, and civil damage awards.
I. Prohibition against conflicts of interest, gratuities, and kickbacks:
“Any employee or an official of the Board, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money or other things of value as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm, or corporation, offering, bidding for, or in open market seeking to make sales to the Board, shall be deemed guilty of a felony and upon conviction such person or persons shall be subject to punishment or a fine in accord with State and/or Federal Laws.”
Legal advertising dates: March 28, March 30, and April 6, 2009 Date of evaluation: April 24, 2009 Anticipated date of award: May 19, 2009 If any questions regarding this bid, please contact Julie Hedine, Supervisor for Food and Nutrition Services, District School Board of Pasco County at 813-794-2435 or Kendra Goodman, CPPB, Purchasing Agent, District School Board of Pasco County Purchasing Department, 813-794-2221.
District School Board of Pasco County OFFICIAL BID FORM DISTRICT SCHOOL BOARD OF PASCO COUNTY, FLORIDA Bid Title: USDA Commodity Peanut Butter Processing – Food & Nutrition Services Due Date/Time: April 23, 2009 by 2:30 p.m. Bid Number: 10-025-DR
PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies within the State of Florida. Such Purchases shall be governed by the same terms and conditions as stated herein. Agree to extend pricing to all agencies within the following counties: (check those applicable)
Agree to extend pricing to all other agencies within the State of Florida.
IT IS THE SOLE RESPONSIBILITY OF THE BIDDER TO COMPLY WITH PROVISIONS OF THE IMMIGRATION REFORM AND CONTROL ACT OF 1986. The District School Board of Pasco County hereby stipulates and affirms its policy of offering Equal Employment and Educational Opportunities for all persons regardless of race, creed, color, sex, national origin, age or handicap. The failure of any contractor supplier to the Board to comply with the terms of this Equal Employment Opportunity Policy will subject any contract or purchase order to revocation.
The signing of this bid form certifies that I have read and agree to abide by the accompanying cover letter, general instruction, special instructions and specifications. NOTE: This sheet and the accompanying documents constitute a firm offer from the bidder; however, acceptance by The Board of any or all parts herein does not constitute a contract. Before commencing any work, the Superintendent or his
authorized representative shall properly execute a Purchase Order (or contract),
and it shall become the written agreement between the parties. All terms and
conditions of this bid are included and become a part of the written agreement between the parties. SIGNATURE:
(Written) (Officer of Company or Corporation)
District School Board of Pasco County
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Qalivere , Josese March 26, 2008 Josese Qalivere, 62, of Lahaina, a waiter, died at home. He was born in Fiji. He is survived by wife Likusiani "Liku"; sons Emori, Sonny and Libert; stepsons John and Foley Tukana; daughters Reapi Kaina, Sivoki, Vani and Vevila; stepdaughter Cecilia Tukana; brothers Vatimi Tatukivei; sisters Latileta and Lavinia; and 22 grandchildren. Services: 11
Kendra Goodman, CPPB, Purchasing Agent
Phone: 813.794.2221 FAX: 813.794.2111