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Request for Proposal Date: May 6, 2019 To: Bid Department Items: Prime Vendor—Department of Nutrition Services Period: Effective July 1, 2019 through June 30, 2020 with the right of renewal for up to 4 additional years Bid Opening: Wednesday, May 22 nd , 2019, 1:30 Public Opening LSR7 Nutrition Office Conference Room, 702 SE 291 Highway, Lee’s Summit, Mo 64063 Bid Delivery: Hand deliver or mail completed bid—one original with supporting documentation to the above address. Sealed envelope must be clearly marked “Prime Vendor— Nutrition Services Department” with date and time of opening. Contacts: If you have any questions regarding the specifications and/or bid procedures, please contact Lori Danella, Director of Nutrition Services at (816)-986-2206 or [email protected] by May 15 th , 2019. If needed, responses to all questions will be posted as an addendum by May 17 th , 2019. 1 Reorganized School District No. 7 702 SE 291 Highway Lee’s Summit, Missouri 64063 Phone: (816) 986-2200 Fax: (816) 986- 2215

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Page 1: Drdistrict.schoolnutritionandfitness.com/leessummitr7sd... · Web viewwith the bid information, a list of those products groups that are to be updated weekly. The successful Bidder

Request for Proposal

Date: May 6, 2019

To: Bid Department

Items: Prime Vendor—Department of Nutrition Services

Period: Effective July 1, 2019 through June 30, 2020 with the right of renewal for upto 4 additional years

Bid Opening: Wednesday, May 22nd , 2019, 1:30 Public OpeningLSR7 Nutrition Office Conference Room, 702 SE 291 Highway, Lee’s Summit, Mo 64063

Bid Delivery: Hand deliver or mail completed bid—one original with supporting documentationto the above address. Sealed envelope must be clearly marked “Prime Vendor—Nutrition Services Department” with date and time of opening.

Contacts: If you have any questions regarding the specifications and/or bid procedures, please contact Lori Danella, Director of Nutrition Services at (816)-986-2206 [email protected] by May 15th, 2019. If needed, responses to all questions will be posted as an addendum by May 17th, 2019.

Note: Bid title and name of bidder must appear on the front of the sealed envelope. Emailed or faxed bids will not be accepted. Bids must be received in the LSR7 Nutrition Office prior to bid opening. It is the responsibility of the bidder to ensure deliver of bids to the Nutrition Office.

1

Reorganized School District No. 7702 SE 291 HighwayLee’s Summit, Missouri 64063Phone: (816) 986-2200 Fax: (816) 986-2215

Office of Nutrition Services

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GENERAL BID AND CONTRACT REQUIREMENTS

INSTRUCTIONS1. Delivery of Bids: Sealed bids will be accepted at the location on the date and hour shown

on cover page, Request for Proposal, at which time the bids will be publicly opened.2. Correction of Mistakes on the Bid Form: Erasures or the use of typewriter correction fluid on

bid forms are not acceptable and may result in the rejection of the bid. Prior to submission or openings, errors may be crossed out, corrections entered, and initialed by the person signing the bid. No bids shall be altered or amended after the specified time for opening.

3. Quantities: It shall be understood by all parties concerned that any contact established as a result of this invitation will not obligate the School District to receive any quantity in excess of actual requirements. While the quantities shown are classified as estimates for bidding purposes, they do result from actual historic tabulation. School District authorities will make reasonable effort to fully utilize projected supplies, which may not have a market elsewhere. LSR7 school district makes no guarantee as to quantities and retains the right to adjust quantities based upon actual usage during the contract period. Quantity requirements for items with volatile prices shall be projected as far in advance as practical, usually with a lead-time of two to four weeks in advance of usage. Distributors are required to bid and deliver all items listed, as well as items, which may be added later. Any questions concerning a distributor’s capability to bid or deliver an item must be reviewed with School District authorities at least two weeks prior to bid opening.

4. Market Basket Instructions: For each item listed on Worksheet A: Market Basket, the bidder shall provide the following information:

a. Brand name and code number or label of productb. Pack sizec. Cost per case as of April 8-12, 2019 without markup. Please include copies of invoices

to support cost for audit.d. Deviated bid cost. If no deviated/bid cost, list current cost from Column C. e. Fixed feef. District price per case. Bidder’s deviated bid cost plus fixed fee.g. Projected annual cost. Dollar volume based upon the district price per case X

number of cases estimated annual usage.h. Bid all brands that are listed. If bidding an item “or equal,” bidder must provide

manufacturer name, item number, case pack, full nutritional information and CN label and/or product formulation statement to the District by June 15, 2019.

i. Formulas in this Excel document (Worksheet A: Market Basket) have been provided in the electronic communication.

5. Product Specifications: If an alternate is bid, you must supply documentation to show the item meets requirements.

6. Review of Proposals: After the public opening of proposals, the Board of Education may require at least 10 days for review of proposals prior to awards. Bidders should understand the reason for the review of proposals, line by line, is to assess the fairness of the bid to suppliers and the School District alike.

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7. Award of Proposal: The award shall be made to the Bidder who receives the most points based upon the criteria listed in #9 Evaluation of Bid. By submitting a bid, the Bidder signifies that they understand and accept the criteria upon which their proposal will be evaluated and the sole discretion of district’s evaluators to determine ranking in these categories. Award for this contract will not be based solely on the lowest cost bid. The Board of Education reserves the right to reject any or all proposals, in whole or in part, and to waive technicalities whenever it

is deemed to be in the best interest of the School District. The Board of Education may, notwithstanding the terms herein, negotiate the terms of a response to this Request for Proposal.

Award of contract is not official until approved by LSR7 Board of Education. All bidders will receive an acceptance or rejection letter confirming status of the award.

8. Bid Disclosure: Bidder understands that the School District is subject to the Missouri Sunshine Law, 610.010, RsMo and that any proposals made in response to this Bid may be disclosed as required, in the sole opinion of the School District, by the act or other applicable law or judicial order. The School District assumes no responsibility for such disclosure and will not

held liable for any damage or injury that may result from any disclosure that may occur. The Bidder agrees to assume and pay for all costs incurred by the School District, including attorney’s fees, if the Bidder requests the School District to resist disclosure of material provided to the School District by the Bidder.

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9. Evaluation of Bid: The District will evaluate the bids in accordance with the following criteria:Scoring Criteria Points

Market Basket submitted with all items bid.No more than 10% of items bid shall vary from specifications. Total cost of market basket.

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Product Line - It must be clearly evident to District thata bidder is capable of delivering promptly all items on the bid list and acquiring, on short notice, any peripheral items, which are required.

10

Capacity – A bidder must clearly demonstrate to theDistrict the capacity, both physically and financially, to supply items to the District in economical quantities as required.

3

Reliability – A bidder shall have a successful record ofService; delivering all items on a regularly scheduled basis and on time. Excellent communication between vendor and district.

10

Accounting Practices – A successful bidder must clearlydemonstrate to the District their capability to provide accurate, reliable and timely reports, to include, invoices, statements, credits and utilization reports. Debarment signed and submitted.

5

Facilities/Equipment/Sanitation Requirements – Vendor must have adequate warehouse for supplying contract products. Conditions for storing and delivery of chilled and frozen products shall be in accord with the recommended Federal Food and Drug Administration. HACCP Compliance plan submitted.

2

Ordering Method – Vendor has proven online orderingsystem with individual log-in credentials and order tracking available via a web-based interface.

4

Delivery schedule submitted – Vendor must be able toguarantee at least a 99% fill rate on all deliveries made to each school. In addition, all shortages deemed necessary to meet the menu demands of the program must be re-delivered.

10

References – Vendor will provide three referencesfrom school districts currently being serviced by the vendor.

5

Total 100

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BIDDER QUALIFICATIONSBefore any bid can be accepted, a bidder must be deemed qualified, in the judgment of School District officials, to perform as required herein. A bid may be rejected if a bidder fails to meet any one of the following qualifications:

1. Product Line: It must be clearly evident to School District officials that the Bidder is capable of delivering promptly all items on the bid list and acquiring, on short notice, any peripheral item, which might be required. The winning vendor and the District will work to create a complete list of product specifications that will be utilized starting July 2019. Final product specifications will be provided according to the “schedule of events.”

2. Capacity: The Bidder must clearly demonstrate to School District officials that he has the capacity, physically and financially, to supply items to the School District in economical quantities as required.

3. Reliability: A successful Bidder must have a proven (or believable) record of service, particularly with respect to delivering all items on a regularly scheduled basis, at favorable prices. A Bidder may be designated as unacceptable if the requirements listed herein have been previously violated and/or poor communications exist between the Bidder and the School District.

4. Accounting Practices: A successful Bidder must clearly demonstrate to School District officials his capability to provide accurate, reliable and timely report, in terms of invoices, statements, credits and utilization reports. Moreover, he must demonstrate his capability to spontaneously provide data for periodic review of prices by School District officials.

5. Facilities and Equipment: Contractors must have adequate warehouses for supplying contract products. Conditions for storing chilled and frozen products must be as recommended by the Refrigeration Research Foundation. Delivery temperatures of frozen and chilled food shall be in accord with the AFDOS Code as recommended by the Food and Drug Administration (Federal).

6. Sanitation Requirements: All practices, materials, supplies and equipment shall comply with the federal occupational safety and health act, as well as any pertinent federal, state and or local safety or environmental codes. Safety Data Sheets shall be provided for each item as applicable. The Bidder must supply the School District with a copy of the Bidder’s HACCP compliance plan with submission of the bid. Inspection of the distribution facility and/or HACCP compliance records may be conducted.

7. Ordering Method: The successful Bidder shall provide the necessary web-based electronic order system to interface with Nutrition Service Office software Heartland MOSAIC and for input of orders by each individual site manager that are receiving a direct delivery. Individual log-in credentials shall be provided to each site manager and an overall district account shall be created for use by the District Office.

8. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Debarment document must be signed and included in bid.

9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated

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Funds for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

7. The Anti-Kickback Act of 1986 (41 U.S.C. 51-58): Prohibits any person from, providing or attempting to provide or offering to provide any kickback; soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations in its own operations and direct business relationships.

When the Contractor has reasonable grounds to believe that a violation of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

The Contractor shall cooperate fully with any Federal agency investigating a possible violation described this clause.

STANDARD CONTRACT CONDITIONS

a. Contractors providing services under this Request for Proposal herewith assure the School District that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, and 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 this Agreement, contractor agrees not to discriminate against any employee(s) for employment because of age, race, religious creed, sex, national origin, or disability.

b. Contractors providing services under this Request for Proposal also agree to adhere to the LSR7 Tobacco Use Policy revised 07/17/2014. Tobacco use of any kind is not permitted by any person (employee, student, or visitor) at any time in or on LSR7 property, whether owned, leased, or rented. Staff and students who violate this policy will be subject to disciplinary measures in accordance with applicable school and District policies. Visitors who violate this policy will be asked to cease use of tobacco products in all areas regularly accessible to others and near any facility entry, doorway, open window or air intake where smoking is prohibited. Visitors who refuse to comply with this request may be referred to school security or local law

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enforcement for violation of District policy and state law related to the Clean Air Act or unwanted presence on School District property.

c. Modifications, additions, or changes to the terms and conditions of this Request for Proposal may be a cause for rejection of a bid. Bidders are requested to submit all proposals on the School District official forms. Bids submitted on company forms may be rejected.

d. The contractor agrees to retain all books, records and other documents relative to this agreement for three (3) years after final payment or until audited by the District, whichever is sooner. The District, its authorized agents, and/or State auditors shall have full access to and the right to examine any of said materials during said period.

e. By his signature on the face of this document, a Bidder certifies that his bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitted a bid for the same materials, supplies or equipment and is in all respects fair and without collusion or fraud. The Bidder certifies that he understands collusive bidding is a violation of Federal law and can result in fines, prison sentences, and civil damage awards. He further agrees to abide by all conditions of this bid and certifies that he is authorized to sign this bid for the Bidder.

f. Any employee or any official of the School District, 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 School District 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.

g. Submission of a proposal constitutes an assignment by you of any and all anti-trust claims that you may have under the federal and/or state laws resulting from this agreement.

h. Neither party shall be liable for delays, or defaults in the performance of this agreement due to acts of God or the public enemy, riots, strikes, fires, explosions, accidents, government action of any kind or any other causes of a similar character beyond its control and without its fault or negligence.

i. In the event of any proceedings by or against either party, voluntary or involuntary, in bankruptcy or insolvency, or for the appointment of a receiver or trustee or an assignee for the benefit of creditors, of the property of selected respondent, or in the event of breach of any of the terms hereof including the warranties of the selected respondent, the District may cancel this agreement or affirm the agreement and hold selected respondent responsible in damages.

j. The vendor shall comply with all federal, state or local laws, ordinances, rules, regulations and administrative orders, including but not limited to Wage, Labor, Unauthorized Aliens, EEO and OSHA-type requirements which are applicable to the vendor’s performance under this agreement. Vendor shall indemnify and hold the District harmless on account of any violations thereof relating to Vendor’s performance under this agreement, including imposition of fines and penalties which result from the violation of such laws.

k. The selected respondent agrees to indemnify, release, defend, and forever hold harmless the District, its officers, agents, employees, and elected officials, each in their official and individual capacities, from and against all claims, demands, damages, loss or liabilities, including costs, expenses, and attorneys fees incurred in the defense of such claims, demands, damages,

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losses or liabilities, or incurred in the establishment of the right to indemnity hereunder, caused in whole or in part by the selected respondent, his/her sub-contractors, employees or agents, and arising out of services performed by the selected respondent, his/her subcontractors, employees or agents under this agreement to the extent permitted by the Constitution and the Laws of the State of Missouri.

l. The vendor shall be required to maintain and carry in force, for the duration of the contract, insurance coverage of the types and minimum liability as set forth below.

a. Commercial General LiabilityLimits:Each Occurrence: $1,000,000Personal & Advertising Injury: $1,000,000Products/Completed Operations Aggregate: $1,000,000General Aggregate: $2,000,000

Policy must include the following conditions:

Contractual LiabilityProducts/Completed OperationsPersonal/Advertising InjuryIndependent ContractorsAdditional Insured: Lee’s Summit R-7 School District

b. Worker’s Compensation The insurance shall protect the vendor against all claims under applicable State Worker’s Compensation Laws. The vendor shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a Worker’s Compensation Law. The policy limits shall not be less than the following:

Workers’ Compensation: Statutory

Employer’s Liability:Bodily Injury by Accident: $100,00 Each AccidentBodily Injury by Disease: $500,00 Policy LimitBodily Injury by Disease: $100,00 Each Employee

Before entering into contract, the successful vendor shall furnish to the District a Certificate of Insurance verifying all the foregoing coverage’s and identifying the District as an “additional insured” on the commercial general liability policy. This inclusion shall not make the District a partner or joint venture with the vendor in its operations hereunder.

Prior to any material change or cancellation, the District will be given thirty (30) days advance notice by registered mail to the stated address of the certificate holder.

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SPECIAL BID AND CONTRACT REQUIREMENTS

LSR7 Nutrition Services proposes to contract with a vendor to furnish and deliver food and supplies to 6 secondary school food service operating site and District Warehouse. The district operates 24 production sites which provide breakfast and lunch to approximately 12,100 students each day. The district reserves the right to change the number of delivery stops depending on opening or closing of schools. This contract is intended to cover items in the following categories: chemical, dairy, disposable, dry, fruits, frozen, ice cream, snack items, vegetables, catering items and other miscellaneous items. The estimated volume of the account is $2.5 million per fiscal year. It is intended that the district will make every effort to purchase the items in the included categories from the primary vendor except in the areas of fluid milk, beverages, fresh bread products and local product, which will be bid in separate proposals. The Bidder shall provide a comprehensive product line that meets the specified needs of the School District.

1. Type of Contract: Prime Vendor – one vendor award

2. Prices: Bidders shall enter all pricing data in the designated columns on the provided market basket worksheet. This data shall include Cost per Unit, Deviated Bid Cost, Fixed Fee per Case/Pound, District Cost per Unit and Projected Annual Cost. All freight costs must be included in final pricing. No sales tax must be charged due to tax-exempt status of the School District.

3. Contract Period: This contract shall be in effect for the 2019-2020 school year running from July 1, 2019 through June 30, 2020. It is specifically understood and agreed that the contract shall be renewable after June 30, 2020, for four (4) additional successive one-year terms from July 1 through June 30. The School District may terminate the contract at the end of June 30, 2020, 2021, 2022, 2023, or 2024by providing written notice to the supplier on or before April 30 each renewable year.

4. Ordering Schedule: Ordering schedule will be determined between the School District and Bidder based upon the delivery schedule. Orders may be modified (add or delete items) by the School District up until 12:00pm the day prior to the delivery.

5. Order Size: There shall be no extra charge to the School District for any delivery made directly to a school, regardless of case count or dollar value of the order. There also shall not be an extra charge for any delivery made outside the specified schedule. The School District will monitor any chronic deterioration in the order delivery schedule and act upon the problem. The School District will exercise reasonable judgment when placing small orders and will make every attempt to place correct orders each time.

6. Units of Purchase: Upon request of the School District, the Bidder shall sell some items in smaller pack units or less than full case lots. These shall be listed as separate line items in the price list/order book. There shall be no additional charge for this service. The School District recognizes the difficulty of such a procedure and will limit the requests to items that can be sold in smaller amounts.

7. Cost of Items: The fee structure established with the initial bid may not change during the life of the entire contract. The fee structure shall be constant on all products purchased through this agreement.

a. The individual prices listed for each item on the attached market basket (Worksheet A) shall be based upon prices as of April 8-12, 2019.

b. The district cost will be determined as follows:Invoice Cost of Merchandise

+ Freight In (if not included in invoiced cost)- Manufacturer promotional dollars and discounts= Actual Cost (Vendor’s Cost)+ Fixed Fee= District Cost

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c. There shall be no storage charge to the School District for any items stocked by the supplier.d. There shall be no additional fee for delivery to the School District; no fuel surcharge.

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8. Proprietary and Special Order Items: The School District defines a “proprietary item” as an item the School District expects the supplier to purchase and stock. A “special order item” is an item whose usage is five (5) cases or less per week. The supplier shall purchase the special order product and ship when requested by the School District for delivery.

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

The School District will notify the supplier 3 weeks in advance of the need for a new proprietary or special order item, with quantities needed and monthly usage if applicable.

There is the expectation that the Bidder will obtain bid prices for special order items. The pricing structure for any special products will be the agreed upon fixed fee. There will be no extra charges for buying and storage of special order items.

The Vendor will provide the School District with a complete list of all special order items in the Vendor inventory on the first of each month.

9. Substitutions or Shortages: The vendor’s account representative shall contact the District’s Nutrition Service Department by 12:00 noon the weekday prior to delivery to discuss any shortages on the next day’s delivery and any substitutions that may need to be made. Product substitutions will not be made without the District’s prior approval. The supplier shall assume all additional costs between the price of the originally ordered item and the price of the substitution. If there is a cost savings by use of the substitution the District shall receive the product at the lower product cost. The vendor is expected to take corrective action, either by making a special delivery or arranging for delivery at a special time or date, in order to prevent substitutions and shortages.

10. Delivery Methods: The prices quoted shall be for the frequency and location of deliveries to all schools in the School District. A list of schools with addresses is provided with this proposal packet in Appendix A.

All drop sites require deliveries nine months per year. The District Warehouse, however, may require deliveries for summer feeding programs in which case this contract shall include such deliveries.

Delivery will be once per week at Lee’s Summit High School, Lee’s Summit North High School, Lee’s Summit West High School, Pleasant Lea Middle School, Summit Lakes Middle School and Bernard Campbell Middle School (6) and twice per week to the LSR7 District Warehouse (2) for a total (8) drops per week. Deliveries at the schools should be between 6:00 am – 1:00 pm. Deliveries at the warehouse should be between 7:00 am -1:00 pm. If a delivery date is removed, please provide the amount of savings to the District. ( i.e. we only need 1 drop at the District Warehouse instead of 2 weekly)

Delivery schedules shall be submitted to School District officials for prior approval and shall remain constant from week to week. Deliveries shall be ordered in full-case quantities whenever possible. Deliveries shall be made in accord with the frequency and hours agreed upon by the Bidder and School District. Deliveries shall be made Mondays through Fridays except on school holidays or closed days (due to inclement weather). When holidays or closed days fall on a scheduled delivery day; deliveries shall be made on the next school day.

Drivers and helpers shall deliver merchandise into designated storage areas at each school. Although drivers or helpers may be required to stack merchandise in coolers or freezers, they shall not be required to stow merchandise on shelves in walk-in holding rooms. Drivers and helpers shall require the authorized school receiver, to verify the accuracy of items, quantities of each item, total quantities, and condition of merchandise. Each delivery ticket shall be signed by a designate school receiver. Variations from the norm, i.e., shortages, damages, etc., shall be noted on each ticket by the designated school receiver and initialed by both the truck driver and school receiver.

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PG 10

Special or intermediate deliveries will be required only if a contractor fails to deliver a product on a regularly scheduled delivery, in which case the contractor shall make delivery before start of next school day or as otherwise requested by the Director of Nutrition Services.

11. Damaged and/or Late Deliveries: The School District has no obligation to accept damaged shipments and reserves the right to return at the Bidder’s expense damaged merchandise even though the damage was not apparent or discovered until after the receipt of the items. When the merchandise is returned a credit will be issued. The Bidder is responsible to notify the Nutrition Services designated contact of any late or delayed shipments. The School District reserves the right to cancel all or any part of an order if the shipment is not made as promised.

12. Delivery Failure: If the successful Bidder fails to deliver an order, the Bidder will take corrective action either by making a special delivery to the School District or by arranging for delivery by another vendor. The Bidder shall assume any additional costs between the price of the originally ordered items and the price from the alternative vendor. At least a 99% average fill rate for deliveries is expected.

13. Price Adjustment: If a substitution is necessary, the substituted item shall be priced as the original order item per case, piece or pound whichever applies. The formula listed shall apply to all substitutions if the substituted item is less than the original item ordered the fixed fee would be added to lower the cost.

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

14. Emergency Orders and Deliveries: The Bidder shall be able to respond to emergency deliveries as they arise due to circumstances beyond the School District’s control. The School District shall hold these to a minimum.

15. Buy American Provision: All items bid must be American. This means the item is produced and processed in the United States substantially using agricultural commodities that are produced in the United States. In this context, “substantially” means that over 51 percent of the final processed product consists of domestically grown agricultural commodities.

Exceptions to Buy American should be used as a last resort; however an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted in writing to the School District, a minimum of two days in advance of delivery. The request must include:

a. Alternative substitute(s) that are domestic and meet the required specifications;i. Price of the domestic food alternative substitute(s); and

ii. Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

b. Reason for exception; limited/lack of availability or pricei. Price of the domestic food item; and

ii. Price of the non-domestic food item that meets thee required specification of the domestic product.

16. Stock Levels: The expectation is the Bidder will have stock on hand available to ship when the item is on the School District menu. The School District will provide the Bidder a copy of the cycle menus and estimated usage but the Bidder is responsible to forecast correctly so stock is available when it is needed.

17. Order Books: Prices for items may be changed on a monthly basis except for a few market type items which may be changed no more often than on a weekly basis. The successful Bidder shall

LSR7 Nutrition Prime Vendor RFP SY 19-20

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PG 10

provide with the bid information, a list of those products groups that are to be updated weekly. The successful Bidder shall provide a new customized price list/order book on an annual basis to the Director of Nutrition Services by May 1 for the following year. This book will include, item, manufacturer name, item number, description, purchased cost, bid/ deviated cost, freight, rebates or other applicable discounts, total cost to district and expiration of bid/deviated cost.

Bidder must maintain documentation of costs and discounts, rebates and other applicable discounts and must furnish such documentation upon request to the School District, the state agency or USDA.

If a pack size should change due to manufacturer’s revision within the year, the successful Bidder shall email the change to the Director of Nutrition Services.

18. Nutritional Information: The successful Bidder shall supply the School District with printed copies of nutritional analysis and product formulation statements as requested.

19. Food Recalls: It is the responsibility of the Bidder to notify the Director of Nutrition Services by phone call and email within 24 hours of the distributor being notified by the manufacturer of a recall. DO NOT call the individual schools regarding the recall.

The Bidder must provide the Director of Nutrition Services with the specifics of the recall, which item is affected, which lot number is affected and the purchase history of the recalled product to identify the school(s) that received the product and any other pertinent information.

20. Invoices: All deliveries shall be accompanied by an itemized invoice. The invoice shall include the following information: name of the school to which a delivery was made; invoice number; item number; description of food, or supplies delivered; sizes, unit of measure, or quantity; unit price; and total charges. Any concealed damage or delivery of incorrect product shall be reported to the Bidder’s account representative who shall then issue credit memos for any incorrect charges and arrange for the return of mis-shipped or deficient products.

21. Payments: The successful Bidder shall submit statements for individual schools monthly on mutually agreed upon dates with the Nutrition Services Department. Each statement shall include a summary of delivery tickets (invoices) for the period. Each ticket shall be listed in numerical sequence and show the total charges. Statements may be submitted more often than monthly but only upon the mutual agreement of both parties.

22. Termination: A contract may be terminated by the School District upon thirty (30) days written notice, should the School District determine that it is not in the best interest to continue the contract and/or the Bidder is not performing with the provisions and intent of this agreement.

Upon receipt of the termination notice, the Bidder shall have fourteen (14) days to correct non- compliance issues. If compliance is achieved, the termination notice will be canceled.

In addition, the School District shall have the right to terminate on five (5) days prior written notice if the contract is breached or violated in any way.

This agreement may be terminated by the Bidder with sixty (60) days written notice for failure by the district to comply with contract terms.

LSR7 Nutrition Prime Vendor RFP SY 19-20

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LSR7 Nutrition RFP SY 19-20 PG 11

23. Lines of Communication: The successful Bidder will have an account representative assigned to the School District accounts. The School District feels it will be helpful if the person has some prior food service experience so they will be able to understand our needs. The School District would expect to see this account representative on site as needed. Additional responsibilities include:

a. Timely communication with the Director of Nutrition Services to discuss shortages and needed substitutions.

b. At the start of the contract, conduct weekly meetings with the School District’s personnel to discuss areas of concern.

c. Communicate to the School District personnel new products available on the market. Makerecommendations to the School District that will improve or enhance the quality of products.

d. Provide product cuttings and sampling as necessary or requested.e. Maintain and update the price list/order book.f. Handle the School District’s complaints and inquiries about various products.g. Issue credit memos and arrange for return of mis-shipped or unacceptable products.h. Resolve any problems with the order/delivery schedule.i. Coordinate with the School District any rebate programs.j. Conduct research with the Director of Nutrition Services for any product changes to better the

School District’s needs.k. Maintain communication between the accounting department of Bidder and the School

District to ensure all invoices are paid and credited properly. If problems arise, address to the satisfaction of the School District and Bidder.

l. Oversee the operation to help maintain a smooth and efficient relationship between the School District and the Bidder.

24. Reports: The Bidder shall provide the following unit and aggregate reports or provide ability for the School District to obtain reports from vendor data base:

a. Velocity reports. (Monthly and Year to date for the fiscal year).

b. Usage figures for a specific brand or manufacturer for a specified time frame to use for tracking rebates.

c. Annual report, listing quantity of each item purchased and the total dollar amounts expended for each item by each food service operation and a summary for each item for all the food service locations.

25. Auditing: Throughout the life of the contract the district reserves the right to conduct audits once per semester. A maximum of twenty- five items will be reviewed at each audit. Audits shall verify that the bids and amount invoiced are in accordance with the terms of this agreement. Such audits will not unreasonably interfere with the conduct of the contractor’s business. The contractor will be given at least two weeks advance notice in order to prepare the documents for review. The successful contractor shall promptly reimburse the district for any over-charges disclosed by any such audit. In the event of an over charge an item history will be run to determine the number of cases purchased so a refund can be made. If the audit has five items or more that are off, an additional twenty-five items will be audited.

26. Quality Assurance: The successful Bidder shall be expected to provide product specifications and samples as requested by the School District. Product quality testing will be conducted by the School District on an ongoing basis.

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LSR7 Nutrition RFP SY 19-20 PG 12

27. Training: The successful Bidder shall provide initial training to School District personnel to ensure their understanding of the program and the ordering procedures. The Bidder should arrange for the School District to have direct access to product specialists in areas such as recipe development, baking, beverages, culinary arts, produce, and meats (examples only). The expectation is that the specialist will provide training in their area to improve the services provided by the School District.

28. Market Information: The Bidder shall provide the School District with market information relating to product conditions, quality, availability, pricing trends and new products. Where appropriate, the contractor shall make recommendations for changing products to achieve financial savings or higher applicability. The School District’s menu shall be available to the Bidder to assist in determining “best use” products and access available inventory.

29. Toll Free Number: The successful Bidder shall provide a toll-free telephone number for the School District to use in contacting the Bidder’s personnel.

30. Additional Product Requirementsa. All products shall conform to the minimum requirements of Federal and State regulations. These

requirements shall include, but not are limited to, weights, measures, and fill of containers drained weights and contamination.

b. All products shall conform to standard guarantee requirements with respect to safety, and the supplier by his signature on Worksheet A: Market Basket, agrees to hold the buyer harmless in the event of product failure.

Manda t o ry Que sti o ns References

1. List a minimum of three (3) references from current school district customers where similar services are provided. Include name of school district, contact name, phone number, number of year’s served and general description of the scoop of the service you provided.

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LSR7 Nutrition RFP SY 19-20 PG 13

Bidder’s Checklist

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

Technical proposal – 1 original

Worksheet A: Market Basket – 1 original + audit documents

Answers to Mandatory Questions – 1 original

Proposed Delivery Schedule – 1 original

Debarment, signed – 1 original

Bid Summary / Signature Sheet – 1 original

HACCP compliance plan – 1 original

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – 1 copy ________ Anti-Kickback Act of 1986 (41 U.S.C. 51-58) ________

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LSR7 Nutrition RFP SY 19-20 PG 14

LSR7 Nutrition ServicesBid Summary

Prime Vendor: Fixed FeeJuly 1, 2019 – June 30, 2020 (with possible 5 renewable years)

Total cost to LSR7 for all items under this prime vendor agreement will be at the Bidder’s Cost plus only one of the following fixed fees:

A. Fixed fee for full cases $__________OR

B. Random weight fee per pound $

Name of Company

Address

City

State

Zip Code

Authorized Official (please print)

Signature

Title

Email

Telephone

Date Submitted

NOTE: This form must be completed, signed by an authorized official of your company and returned with your bid. Please fill out this sheet in I N K . If corrections are needed, cross out and initial.

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LSR7 Nutrition RFP SY 19-20 PG 15

Appendix A: School List

School Name: Address: Drops/WeekAverage Case/Month 2018

Lee’s Summit High School 400 SE Blue ParkwayLee’s Summit, Mo 64063 1 420

Lee’s Summit North High School 901 NE DouglasLee’s Summit, Mo 64086 1 400

Lee’s Summit West High School 2600 SW Ward RoadLee’s Summit, Mo 64082 1 450

Pleasant Lea Middle School 630 SW Persels RoadLee’s Summit, Mo 64081

1 325

Summit Lakes Middle School 3500 SW Windemere DriveLee’s Summit, Mo 64082 1 375

Bernard Campbell Middle School 1201 NE Colbern RoadLee’s Summit, Mo 64086 1 350

District Warehouse 702 SE 291 HighwayLee’s Summit, Mo 64063 2 5500

All deliveries must occur between 6:00 am – 1:00 pm on days when school is in session.School drops: Wednesday preferredWarehouse drops: Tuesday and Thursday