ITB# 27-R0004 PACKAGING TRAYS FOR NUTRITION SERVICES

FAIRBANKS NORTHSTAR BOROUGH SCHOOL DISTRICT
1300 Minnie St. Fairbanks, AK 99701 (907) 452-2000 purchasing@k12northstar.org

PUBLIC NOTICE
SOLICITATION NO: 27-R0004
The Fairbanks North Star Borough School District will receive bids for:
PACKAGING TRAYS ANNUAL REQUIREMENTS FOR NUTRITION SERVICES
A pre-bid conference for the discussion of specifications will be held at the Purchasing Department at 09:00 AM
(Alaska Time) on 10/09/2026.
To attend virtually via zoom, please follow the below link:
https://k12northstar-org.zoom.us/j/82976178524?pwd=mbuR4ZTgRoRCPU3WMCBlNDNwSfnutg.1
Sealed Bids will be accepted until 4:00 PM (Alaska Time) on 10/21/2026, at which time they shall be opened and
publicly read aloud.
Specifications and related bid documents may be obtained at the Purchasing Department in person or by telephoning
(907) 452-2000, Ext 11341, or emailing to purchasing@k12northstar.org to request a copy be mailed or otherwise
transmitted. Questions concerning this procurement should be directed to Sr. Purchasing Agent: Kiran Gibbs

FAIRBANKS NORTHSTAR BOROUGH SCHOOL DISTRICT
1300 Minnie St., Fairbanks, AK 99701 (907) 452-2000

purchasing@k12northstar.org
INVITATION TO BID
Solicitation No: 27-R0004
Greetings:
You are invited to submit your bids for:
PACKAGING TRAYS ANNUAL REQUIREMENTS FOR NUTRITION SERVICES
A pre-bid conference will be held at the Purchasing Office at 09:00 AM (Alaska Time) on 10/09/2026.
To attend virtually via zoom, please follow the below link:
https://k12northstar-org.zoom.us/j/82976178524?pwd=mbuR4ZTgRoRCPU3WMCBlNDNwSfnutg.1
Sealed Bids will be accepted until 4:00 PM (Alaska Time) on 10/21/2026, at which time they shall be opened and
publicly read aloud.
Method of Award: BY AGGREGATE
This solicitation consists of the sections listed in the table of contents which will be part of any resulting contract.
FAXED BIDS ARE NOT ACCEPTABLE. Bids shall be submitted on the BID SCHEDULE AND OFFER
ACKNOWLEDGEMENT FORM provided in Section IV. The BID SCHEDULE AND OFFER will be completed in
accordance with the instructions provided herein and signed by an officer authorized to bind the company.
Sincerely,
Kiran Gibbs
Sr. Purchasing Agent

TABLE OF CONTENTS
INVITATION TO BID
TABLE OF CONTENTS
1
SECTION I - INSTRUCTIONS TO BIDDERS
2
SECTION II - CONDITIONS OF PURCHASE
SECTION III - SPECIAL TERMS AND CONDITIONS
106
SECTION IV - BID SCHEDULE AND OFFER ACKNOWLEDGEMENT FORM
14
ATTACHMENT (1) Vendor Certification Form.
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SECTION I - INSTRUCTIONS TO BIDDERS
1. AUTHORITY
This solicitation is issued pursuant to Fairbanks North Star Borough School District Board Policy, BP 3311 as
supplemented by Administrative Regulation AR 3311 (b).
2. PURPOSE
The purpose of this solicitation is to establish a requirements contract for packaging trays used by the Fairbanks North Star
Borough School District's Nutrition Services Department. The District uses a Form Plastics Automatic Tray Sealer, Model
#6001670. Offered trays must meet the specifications in this solicitation and be compatible with this equipment, as
determined through the product compatibility and performance evaluation described in Section III.
These instructions outline the procedures to be followed in submission of a bid or quotation, the evaluation of bids and
quotations, and the award of a contract. The terms "solicitation", "request for quotation" (RFQ), "invitation to bid" (ITB),
and "invitation for bids" (IFB) are used interchangeably and have the same meaning in these instructions. The terms
"offer", "bid", and "quotation" all refer to a vendor's offer to sell at the prices specified on the bid schedule and are used
interchangeably.
3. SOLICITATION REVIEW
Offerors shall carefully review this solicitation for ambiguities. Offeror's comments concerning ambiguities in this
solicitation must be made in writing and received by the Buyer at least four (4) business days before the due date. Such
comments will allow time for an amendment to be issued, if one is required. Offerors should send any such comments to
the Buyer listed on the front of this solicitation. Offeror's protests based upon any omissions, errors, or the content of this
solicitation will be disallowed if not made known prior to the solicitation opening.
Any attempt to make additions, deletions, or corrections to the solicitation document(s), or change or qualify a material
condition of the solicitation may be construed as a lack of "Good Faith" and may be cause for forfeiture of a bid bond
and/or rejection of the bid.
4. INTERPRETATION OR REPRESENTATIONS
The FNSB School District assumes no responsibility for any interpretation or representations made by any of its officers
or agents unless interpretations or representations are incorporated in a written amendment to this solicitation. No oral
interpretation will be made to any Offeror as to the meaning of this solicitation or any part thereof. Every request for such
interpretation shall be made in writing to the Buyer. Oral explanations or instructions given before the award of the contract
will not be binding. Every interpretation made to an offeror will be in the form of an amendment to this solicitation, but
it shall be the offeror's responsibility to make inquiry as to the amendments issued. All amendments shall become part of
the contract and all offerors shall acknowledge receipt of the amendments. Failure to acknowledge receipt of the
amendment may be cause for rejection of bids as non-responsive.
5. PRE-BID CONFERENCE
Pre-bid conferences are held to give bidders an opportunity to address deficiencies, defective specifications, and other
concerns contained in the solicitation document. The purpose is to question unclear aspects of the solicitation documents,
seek clarity regarding contractual obligations, and identify and resolve issues that have the potential to cause delays or
generate an award protest based on defective or ambiguous specifications. Unless defective specifications are brought to
the FNSB School District's attention at the pre-bid conference, or as stated in the "Solicitation Review" clause, above, the
terms of this solicitation shall be deemed agreeable, and protests or appeals of award based on alleged defective
specifications will not be favorably considered.
6. CONFLICTING TERMS
In the event that the Special Terms and Conditions (Section III) conflict with the Conditions of Purchase (Section II) or
the Instructions to Bidders (Section I), the Special Terms and Conditions shall take precedence over Sections I and II of
this solicitation.
7. SOLICITATION FORMS
Offerors must complete the Bid Schedule and Offer Acknowledgement Form contained in Section IV and the Vendor
Certification form included with this solicitation; Offer shall be signed by an agent authorized to bind the company
submitting the bid. All alterations/corrections of the bid shall be initialed by the signer of the bid.
8. QUANTITIES
The quantities shown on the Bid Schedule and Offer Form are estimates for the contract period. Actual purchases may be
more or less than the estimates, and the District does not guarantee the purchase of any stated quantity. See Section III,
Quantities for more information.
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9. FIRM PRICING
Unless otherwise specified herein, the vendor shall hold prices bid good and firm for a period of 60 days to allow for bid
evaluation. The period of performance is specified in Section III, Contract Period.
10. SUBMITTING BIDS
Only SEALED bids may be submitted. Bids must be received prior to the opening date and time.
a. Mailed or hand delivered bids must be submitted in a sealed envelope, marked and addressed as shown below.
Envelopes with bid numbers written on the outside will not be opened until the scheduled date and time. Bids
must be received prior to the opening date and time.
-------------------------------------------------------------------------------------------------------------
| Bidder's Return Address
XXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXX
FNSB School District
Shipping & Receiving
1300 Minnie St.
Fairbanks, Alaska 99701-2809
Bid No: (insert the bid number on your envelope)
| Opening Date: (insert the opening date on your envelope)
-------------------------------------------------------------------------------------------------------------
b. Neither the Fairbanks North Star Borough School District nor its officers or employees shall be responsible for
the premature opening or failure to open a bid which is not properly addressed or identified.
c. The FNSB School District Purchasing Department is located at 520 5th Ave, Fairbanks, Alaska, 99701; and is
open for business from 8:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m., Monday through Friday. Acceptance
of Special Delivery mail is not available Saturday, Sunday or holidays. The ultimate responsibility for the
delivery of the bid document lies with the bidder. The FNSB School District shall make no concession regarding
postal service or any other form of conveyance of the bid document even when timely delivery of the bid fails
through no fault of the bidder.
d. Bidders are encouraged to mail return bids at least five (5) business days prior to bid opening. Bids mailed less
than five (5) business days before opening should be sent by Postal Express, DHL Courier Express, or similar
service. This is a suggestion only to minimize late bids received and does not negate the aforementioned
disposition of late bids.
e. Electronic, SEALED bids for this solicitation must be submitted exclusively through the School
District's adopted platform: [Public Purchase]. Registration is required; to submit sealed bids electronically, go
to: https://www.publicpurchase.com/ Vendors should ensure proper file formatting, correct naming conventions,
and complete data entry to avoid submission errors. Late or improperly formatted electronic bids may be rejected.
11. LATE BIDS
Bids received after the exact date and time specified for opening shall not be considered, and shall be held unopened by
the FNSB School District until after the award of the contract. The FNSB School District reserves the right, at its
discretion, to consider bids which have been delayed or mishandled by the FNSB School District.
12. PRICES
a. The offeror shall state prices in the units of purchase specified on the BID SCHEDULE AND OFFER form.
Prices quoted for commodities or services must be in U.S. funds and must reflect all costs, including, but not
limited to applicable federal duty, brokerage fees, merchant fees, packaging, and transportation cost to the FOB
point so that upon transfer of title the commodity can be utilized, or the services can be provided without further
cost.
b. Prices quoted must be exclusive of federal, state, and local taxes. If the offeror believes that certain taxes are
payable by the FNSB School District, the offeror may list such taxes separately, directly below the unit price for
the affected item.
c. The School District shall receive the benefit of any general reduction in Seller's price prior to delivery and in no
event shall the School District be charged higher prices than the Seller's similar customers who take delivery in
substantially the same amounts and substantially similar circumstances.
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13. SPECIFICATIONS
The specifications contained herein reflect items that have been purchased in the past or of known quality and are
acceptable to the FNSB School District. If the item specifications indicate "or equal" or "approved equal", Offerors may
offer other than the specified item if the item offered is equal to that specified in general style, type, quality, workmanship,
economy of operation, performance, characteristics, and suitability for the purpose intended. Offerors must identify the
manufacturer, brand name, and product number offered and provide descriptive literature sufficient to demonstrate
compliance with the specifications. Required product samples shall be submitted in accordance with Section III -
Mandatory Sample Submission and Product Compatibility Testing. Descriptive literature provided must be of sufficient
scope so as to allow the FNSB School District to make an intelligent determination as to the suitability of the product
offered for the FNSB School District's needs. Failure to provide adequate descriptive literature may be cause to declare
the bid non-responsive and reject the bid.
The FNSB School District retains the sole right to determine if a product offered is, in fact, equal to that specified in this
RFQ. If there is any doubt as to the suitability of a product offered on an equal basis, the product will be rejected in favor
of an offer to provide the specified product. The offeror warrants the alternate product to be equal or better than the
specified item in quality, workmanship, economy of operation, performance, and characteristics; and is suitable for the
purpose intended. If the item specifications indicate "no substitute" or "only", offers for only the specified item will be
considered. All items provided as a result of this solicitation shall be new, manufacturers warranties shall survive School
District ownership and the offeror shall honor such warranties.
14. MULTIPLE OR ALTERNATE BIDS
Vendors are invited to submit multiple bids for this solicitation.
Offerors may submit multiple complete bids when offering alternate or "or equal" products for one or more line items.
Each alternate bid shall be clearly identified and submitted on a separate and complete Bid Schedule and Offer
Acknowledgement Form, with pricing and required product information for all ten (10) line items. Required descriptive
literature shall accompany each alternate product offered.
Each complete bid will be evaluated independently for aggregate award. A submission containing only alternate line items,
or requiring the District to combine line items from separate bids to create a complete offer, will not be considered a
complete aggregate bid.
The FNSBSD will evaluate bids in accordance with the requirements stated in the solicitation. Alternate bids that do not
comply with these requirements may be considered non-responsive and may be rejected.
The FNSB School District retains the sole right to determine whether a product offered is equal to the specified item and
whether accepting or rejecting an alternative is in the best interest of the District. If there is any doubt regarding the
suitability of a product offered on an "or equal" basis, the product may be rejected. Offerors warrant that any alternate
product meets or exceeds the quality, workmanship, performance, economy of operation, characteristics, and suitability of
the specified item.
15. WITHDRAWAL, MODIFICATION, OR CORRECTION OF BID
Bids may be modified, corrected, or withdrawn on written, FAX or telegraphic requests if received prior to the time set for
bid opening. Bids may not be modified, corrected or withdrawn verbally. The offeror bears the same responsibility for
delivery of bid modifications, corrections or withdrawals as for the original document. All modifications, corrections, or
requests for withdrawals must be clearly marked as such. The original bid, as modified by such written communication
will be considered as the offer. No offeror will be permitted to withdraw their bid after the time set for opening bids.
Any attempt to make additions, deletions, corrections, or withdrawals after the bid opening may be construed as a lack of
"Good Faith" and may be cause for forfeiture of a bid bond and/or rejection of the bid.
16. VENDOR TAX ID NUMBER
If goods or services procured through this solicitation must be included on a Miscellaneous Tax Statement, as described
in the Internal Revenue Code, a valid tax identification number must be provided to the FNSB School District before
payment will be made.
17. ACCEPTANCE OR REJECTION OF BIDS
a. The FNSB School District may cancel the solicitation if such cancellation is in the best interest of the FNSB
School District.
b. A bid may be rejected when (1) the bid is not signed, (2) the offeror has failed to perform under some other
contract with the FNSB School District, (3) the offeror fails to supply bid or performance bonds, plans,
specifications, samples, descriptive literature, etc., when such item is called for in this solicitation, (4) the bid fails
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to include acknowledgment of all amendments issued, (5) the bid contains an alteration or erasure which is not
initialed by the signer, (6) the offeror adds, changes, or qualifies a material term or condition of the solicitation.
c. The FNSB School District has the authority to waive any and all minor deviations or irregularities on any or all
bids.
d. The School District reserves the right to reject all offers and procure the specified supplies or services from
contracts let by other government agencies.
18. AWARD OF CONTRACT
a. The resulting contract will be awarded to the responsible offeror submitting the low, responsive bid based on total
cost complying with the requirements of this invitation, provided their bid is reasonable and it is in the best interest
of the FNSB School District to accept it. The FNSB School District, however, reserves the right to reject any and
all bids and to waive any minor informality or irregularity in bids received whenever such rejection or waiver is
in the FNSB School District's best interest.
b. The FNSB School District reserves the right to reject the bid of an offeror who has previously failed to perform
properly or complete on time contracts of a similar nature; to reject the bid of an offeror who is not, in the opinion
of the FNSBSD, in a position or qualified to perform the contract; and any or all bids when such rejection is in
the best interest of the FNSB School District.
c. Method of Award:
i. An award in the aggregate is an "all or nothing" solicitation where the award is made to the bidder whose
total evaluated cost is the lowest. The total evaluated cost is calculated as the sum of the extended prices,
which reflect all costs as required in Section IV (including shipping, packing, and delivery to the F.O.B.
point), and shall include any additional costs to the District, and the cumulative cost of all renewal
options, if applicable. The extended prices are calculated by multiplying the bid price times the quantity.
You must bid on every item in an aggregate award solicitation for your bid to be responsive.
ii. An award by Lot is several aggregate award groups consolidated into one solicitation. Each Lot is
awarded separately. The Lot award is based on the lowest total evaluated cost for that Lot, calculated in
the same manner as an aggregate award, including all costs incorporated in unit pricing as specified in
Section IV and the cumulative cost of any renewal options, if applicable. Bidders must bid on every item
within a Lot for the bid to be considered responsive.
The District reserves the right to evaluate bids based on total cost using estimated quantities and projected
usage over the initial term and any renewal periods.
d. Issue of a Notice of Award, or Notice of Intent to Award (NIA), where applicable, shall constitute acceptance of
the Bidder's offer including all the terms and conditions specified in the solicitation. Public notice of award will
be made through posting the Notice and tabulation of bids/quotations to the School district "Bid Board" located
outside the Purchasing Dept. in the Administrative Center. The FNSB School District administration shall post
its Notice of Intent to Award by 12:00 noon, on Wednesday preceding the scheduled Tuesday School Board
meeting for those contracts requiring School Board approval.
e. Award is contingent upon School Board approval, where applicable, and available funding. Successful offerors
are hereby notified not to proceed until an authorized School District Purchase Order (PO) is issued. The PO shall
act as notice to proceed to the successful offeror.
19. CONTRACT FUNDING
Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and
allocated by the School Board, the School District reserves the right to cancel the award at no penalty.
20. QUALIFICATIONS OF OFFERORS
At the option of the FNSB School District, and prior to Contract Award, an offeror may be requested to submit a detailed
statement of their qualifications, including their previous experience in performing similar or comparable contracts, their
business and technical organization, their financial resources and their equipment and plant available to be used in
performing the contemplated contract. The FNSB School District shall have the right to take such steps as it deems
necessary to determine the ability of the offeror to perform their obligations under the Contract and the offeror shall furnish
the FNSB School District all such information and data for this purpose as may be requested. The right is reserved to
reject any bid where an investigation of the available evidence or information does not satisfy the FNSB School District
the offeror is qualified to carry out properly the terms of the Contract.
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21. RESPONSIVE BID
A responsive bid is one which conforms in all material respects to the solicitation. The FNSB School District reserves the
right to waive technicalities or minor informalities in determining an offeror's responsiveness.
22. RESPONSIBLE OFFEROR
A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance,
experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
23. AGGRIEVED BIDDERS
Any aggrieved bidder may appeal the award of a contract to the School Board in writing, for those contracts requiring
School Board action. The appeal must be received by the Director of Procurement prior to 12:00 noon on the day of the
School Board meeting at which award of the contract is to be made. Appeals of contract awards not requiring School
Board action must be submitted no later than close of business five (5) calendar days after the posting of the bid results at
the Purchasing Office. The appeal must include the name of the person submitting the protest, the name of the bidder
represented by that person, the specific bid which is being appealed, a detailed statement of the legal and factual grounds
for the appeal, including copies of supporting documents, and the form of relief requested. The aggrieved bidder must
serve all other bidders with the notice of the appeal in order to afford them the opportunity to rebut. Failure to give written
notice of the appeal as provided herein constitutes a waiver by the aggrieved bidder's right of any objection to the award.
24. BID PREPARATION COSTS
The FNSB School District is not liable for any costs incurred by the offeror in bid preparation.
SECTION II - CONDITIONS OF PURCHASE
FNSB School District is hereinafter referred to as "Buyer". The following conditions apply to any Purchase Order issued by the
Buyer as a result of this solicitation.
1. ACCEPTANCE
Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller
are rejected unless expressly agreed to in writing by an authorized representative of the Buyer's Purchasing Department.
2. APPLICABLE LAW AND DISPUTES
Any dispute with respect to this Order shall be governed by the laws of Alaska and FNSB School Board Policies. Any
appeal of an administrative order and any original action to enforce any provision of this agreement or to obtain any relief
from remedy in connection with this agreement may be brought only in the Superior Court for the Fourth Judicial District
of Alaska.
3. CONTINUING OBLIGATION OF SELLER
Notwithstanding the expiration date of a contract resulting from this Order, the Seller is obligated to fulfill their
responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired.
4. ASSIGNMENT
This Order or any interest hereunder shall not be assigned or transferred by the Seller without the prior written consent of
the Buyer. The Buyer shall not consent to any proposed assignment unless and until the Seller furnishes the Buyer with
two (2) executed copies of the assignment.
5. CHANGES
The Buyer may, at any time, and from time to time by written order from the Buyer's Purchasing Department to the Seller,
make changes in any one or more of the following: (a) method of shipment or packing; and (b) time and/or place of
delivery; and (c) the quantity of items ordered. If such change causes an increase or decrease in the price of the Order or
the time required to perform, an equitable adjustment shall be made and the Order modified in writing accordingly. Any
claim by the Seller hereunder must be asserted in writing within fifteen (15) days from the date the change is ordered.
Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when
confirmed in writing by a member of the Buyer's Purchasing Department.
6. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Seller shall comply with all applicable Federal, State and Local laws and ordinances and all lawful orders, rules and
regulations thereunder, including the applicable provisions of the Fair Labor Standards Act of 1938 as amended (29 U.S.C.
Sec. 201-219) and the Occupational Safety and Health Act of 1970 and all regulations and standards and any amendments
issued pursuant thereto. The seller shall secure and obtain any and all permits, licenses and consents as may be necessary
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in connection therewith. The Seller warrants that the items delivered shall comply with the foregoing. The Seller agrees
to indemnify and hold harmless the Buyer from and against any and all liability or consequential damage, including but
not limited to, any fines, penalties, or other corrective measures the School District may suffer resulting from any violation
by the contractor of such laws, ordinances, rules, and regulations.
The Contractor and its employees shall refrain from the use of alcohol, drugs, marijuana, tobacco or nicotine, including
any smoking, electronic cigarette, or vapor device while on School District property. Tobacco is defined as tobacco and
nicotine in any form as well as nicotine delivery devices, such as, but not limited to, electronic cigarettes and vapor pens,
but excludes nicotine replacement therapy products approved by the U.S. Food and Drug Administration for the purpose
of smoking/nicotine cessation.
7. NON-DISCRIMINATION
The Fairbanks North Star Borough School District and all covered subcontractors shall abide by the requirements
of 41 CFR 60-1.4(a), 29 CFR Part 741, Appendix A to Subpart A, 60-300.5(a) and 60-741.5(a). These regulations
prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national
origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative
action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin,
protected veteran status or disability.
The Seller shall comply with the applicable provisions of the Federal Civil Rights Act of l964 and all amendments thereto,
and the Equal Employment Opportunity Act and all amendments thereto, FNSB School Board Policy, and all regulations
issued thereunder by the Federal and State governments. If the contractor fails to comply with such acts and regulations,
the School District shall have the right to immediately terminate this contract.
8. INDEMNITY & LIABILITY
Except for claims arising out of acts caused by the sole negligence of the Buyer, its agents, servants or employees, the
Seller agrees to indemnify and hold harmless the School District, its agents, servants and employees, from acts or omissions
of any nature whatsoever of the Seller, its agents, servants and employees, causing injury to, or death of person(s) or
damage to property during the term of this contract, and from any expense incident to the defense of the School District
therefrom. The Seller agrees to hold the FNSB School District harmless from and to defend it against, any and all claims
arising from the purchase, installation, and/or use of the equipment, articles and/or materials which are the subject of this
Order.
Contractor shall procure and maintain insurance in accordance with statutory requirements and per the limits enumerated
hereunder, with an insurance company rated as Excellent or Superior by A.M. Best Company. Certificates of such
insurance shall be filed with the Buyer before commencement of work.
a. WORKER'S COMPENSATION: The contractor understands that all employees must be covered by worker's
compensation insurance during the term of the contract with the School District. $100,000 each accident,
$500,000 disease-policy limit, and $100,000 disease-each employee. This policy must be endorsed with a waiver
of subrogation in favor of the School District.
b. COMMERCIAL GENERAL LIABILITY; Limit: $1,000,000.00, per occurrence.
ADDITIONAL INSURED: The FNSB & School District must be listed as an additional insured in the contractor's
General Commercial Liability policy.
c. AUTOMOBILE LIABILITY INSURANCE; Comprehensive automotive liability, Limit: $1,000,000.00
combined single limit, for all owned, non-owned, and hired autos used in connection to delivery of goods or
services.
1. If the use of autos is material to the scope of work, e.g. delivery services; the limit in this section shall apply. If
the use of autos is not material to the scope of work, they shall be insured at no less than the state's minimum
limit. Vendors who do not use a motor vehicle for any business purpose, may sign an affidavit to that effect.
Affidavit forms are available at the Purchasing Department or Risk Management office.
2. If the limits in this section apply the automobile liability policy must cover: All Autos or All owned, non-owned
and hired autos.
3. Automobile liability insurance for scheduled autos only may or may not be acceptable.
4. If the contractor submits insurance covering only scheduled autos, then
a. The insurance coverage must also include all non-owned autos
b. The contractor must provide a copy of the scheduled vehicles, and
c. The contractor must assure the School District in writing that any additional vehicles are covered by liability
insurance at the required limits before the vehicles are used for work under this agreement.
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Certificates of Insurance shall be issued to:
Fairbanks North Star Borough and School District
ATTN: Risk Management
P.O. Box 71267
Fairbanks, AK 99707
9. DEFAULT
a. The Buyer may terminate this Order in whole or in part by written, telegraphic, or FAX notice:
i. if the Seller shall become insolvent or make a general assignment for the benefit of creditors, or
ii. if a petition under any bankruptcy act or similar statute is filed by or against the Seller and is not vacated
within ten (10) days after it is filed, or
iii. if the Seller fails to make delivery of the items or to perform the services within the time specified in
this Order, or any increments thereof or extensions thereto, or
iv. if the Seller fails to perform any other obligations under this Order, or so fails to make progress, so as to
endanger performance of this Order, or
v. if the Seller's financial condition shall become such as to endanger completion of performance.
b. If the Buyer terminates this Order in whole or in part as provided in paragraph 9(a) of this clause, the Buyer may
procure, upon such terms and in such manner as the Buyer may deem appropriate, items similar to those
terminated, and the Seller shall be liable to the Buyer for any excess costs of such similar items; however, the
Seller shall continue the performance of this Order to the extent not terminated,
c. The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any
other rights and remedies provided by law or under this Order.
10. DELAYS
The Seller shall not be liable for any delays in delivery caused by circumstances beyond its control including acts of God
or of the public enemy, acts of the United States Government, fire, floods, epidemics, quarantine restrictions, strikes, or
embargoes. When any delays in delivery will occur or are anticipated, the Seller shall immediately give notice thereof to
the Buyer.
11. DELIVERY
The Buyer reserves the right to refuse late deliveries. Over shipment allowances, if authorized, will be applied to the entire
Order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct
the Seller to make shipment to the delivery point set forth in this Order by the most expeditious means and the total cost
of such expedited shipment and handling shall be borne by the Seller. Acceptance of late deliveries shall not be deemed a
waiver of the Buyer's right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a
modification of the Seller's obligation to make future deliveries in accordance with the delivery schedule.
12. MATERIAL SAFETY DATA SHEETS
In accordance with SARA (Superfund Amendments and Reauthorization Act) Title III, the Seller is required to provide
Material Safety Data Sheets (MSDS, or "SDS") for all hazardous and potentially hazardous material shipped pursuant to
this order. The appropriate MSDS shall be included with each shipment if required by the SARA.
13. INSPECTION AND ACCEPTANCE
a. All items are subject to final inspection and acceptance after delivery at the Buyer's plant.
b. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of
this Order, the Buyer shall have the right to require their correction or to require replacement.
c. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. If not rejected
within ten (10) working days after delivery, items shall be deemed to have been accepted.
d. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount
to fraud, or with respect to the Buyer's rights under the "Warranty" clause.
14. INVOICING AND PAYMENT
A separate invoice shall be issued for each shipment when orders are placed via Purchase Order (PO) and shall include the
Purchase Order number. Invoices shall not be issued prior to delivery of items. Payment shall not be made prior to receipt
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