School Nutrition Milk Delivery Bid

GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
Granville County Schools (GCPS)
School Nutrition
DISTRIBUTOR IFB/CONTRACT

Terms and Conditions
Contract Period: August 1, 2026 - July 31, 2027
Approved by GCPS
May 22, 2026
This Distributor Bid IFB - Contract is updated annually by GCPS to meet USDA regulatory policy, provide efficient and
effective functioning of the School District and provide the School District and the Distributor clarification which does not
significantly alter the terms and conditions of the contract. School Districts and Distributors agreeing to renew this IFB are
responsible for review of the updated IFB - Contract.
USDA NON-DISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color,
national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual
orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program
or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online
at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of
the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax(202) 690-7442 or email at program.intake@usda.gov.Individuals who are deaf,
hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or(800) 845-6136 (in Spanish). USDA is an equal
opportunity provider and employer.
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GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
1.0 GCS LEGAL AFFLIATION, MISSION, GOAL AND FEDERAL COMPLIANCE
2.0 GENERAL PROVISIONS OF THE IFB/CONTRACT
3.0 SCHOOL DISTRICT IFB - CONTRACT DECLARATIONS AND PROFILE
4.0 DISTRIBUTOR MINIMUM QUALIFICATIONS
5.0 DISTRIBUTOR INSURANCE REQUIREMENTS
6.0 DISTRIBUTOR PERSONNEL REQUIREMENTS
7.0 DISTRIBUTOR BID ERRORS AND PRICING REQUIREMENTS
8.0 FIRM FIXED FEE BID PROCEDURES FOR LOTS 1 - 4
9.0 DISTRIBUTOR BID AWARD METHOD: LOTS 1 - 4
10.0 IFB - CONTRACT DEFINITIONS
11.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION
12.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES
13.0 TIE BID, BID ERRORS, BID REJECTION AND USE OF PIGGYBACK CLAUSE
14.0 PRELIMINARY DISTRIBUTOR BID AWARD
15.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS
16.0 DISTRIBUTOR AUDITS: PRE - AWARD, MID TERM COST ADJUSTMENT, NON - SCHEDULED AND
AUDIT OVER AND UNDERCHARGES
17.0 TRANSMITTAL OF DELIVERY ORDERS
18.0 BILLING AND PAYMENT REQUIREMENTS
19.0 SITE DELIVERIES
20.0 WAREHOUSING REQUIREMENTS AND USDA DONATED FOODS WAREHOUSING CHANGE
21.0 OPTION FOR CONTRACT RENEWAL AND PROCEDURES
22.0 BID RENEWAL PROCEDURES
23.0 FIXED - FEE ADJUSTMENT FOR FUEL PRICE INCREASE
24.0 PRODUCT USAGE REPORTS FROM DISTRIBUTOR
25.0 RECORDS RETENTION REQUIREMENTS
26.0 ASSURANCE OF NON-COLLUSION
27.0 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS (revised April 2016)
28.0 REMEDIES FOR DISTRIBUTOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION OF
CONTRACT
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GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
29.0 FORCE MAJEURE PROCEDURES
30.0 WAIVER
31.0 RIGHT TO ASSURANCE
32.0 REGULATORY COMPLIANCE
DISTRIBUTOR REQUIRED BID ATTACHMENTS (SIGNED ATTACHMENTS REQUIRED ANNUALLY - NEW AND RENEWAL
BIDS)
ATTACHMENT A - BRAND/GRADE LABELS - LOT 1 (NEW LARGE DISTRIBUTOR BIDDERS ONLY)
ATTACHMENT B - HACCP SUMMARY
ATTACHMENT C - EVIDENCE OF REQUIRED INSURANCE
ATTACHMENT D - LUNSFORD ACT COMPLIANCE
ATTACHMENT E - FOOD RECALL POLICY/PROCEDURES
ATTACHMENT F - HUB CERTIFICATION
ATTACHMENT G - CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, LOBBYING AND
COOPERATIVEAGREEMENTS
ATTACHMENT H - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS - PRIMARY COVERED TRANSACTIONS
ATTACHMENT I - IRAN DIVESTMENT REQUIREMENT FORM
ATTACHMENT J - NO BID RESPONSE
ADDITIONAL LOCAL BID ATTACHMENTS:
SCHOOL DISTRICT PROFILE AND CALENDAR
SCHOOL DISTRICT SPECIAL CONDITIONS (OPTIONAL)
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GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
1.0 FEDERAL COMPLIANCE
1.1 FEDERAL COMPLIANCE: The School Nutrition Programs receiving goods and services under this
Contract are federally funded programs operated under the authority of the United States Department of
Agriculture (USDA). This IFB and the subsequent Contract shall be COMPLIANT with 7 CFR Parts 210,
220, 225, 250, 2 CFR 200 and applicable cost circulars issued by the Office of Management and Budget
(OMB) including A-87 Cost Principals, A -102 Administrative Requirements, and A -133 Audit
Requirements.
2.0 GENERAL PROVISIONS OF THIS GCPS IFB - CONTRACT
2.1 THIS SOLICITATION IS INTENDED TO PROMOTE COMPETITION. If the language, specifications, terms
and conditions, or any combination thereof, restricts or limits the requirements in this solicitation to a sole
source; it is the responsibility of the interested Distributor to notify Margaret Strong, GCPS School Nutrition
Director, in writing via e-mail, at strogngm@gcs.k12.nc.us no more than five (5) working days after the
date the IFB/CONTRACT is issued by the School District. The solicitation may, or may not, be changed,
but a review of such notification will be made prior to the award of a Contract.
2.2 ADVERTISMENT OF BID: As required by the NC State Division of Purchase and Contract, solicitation for
this IFB/Contract Bid has been advertised on the DPI Website. In addition, a public notice will be published
on the Granville County Schools, School Nutrition website for a minimum of ten day prior to the bid release.
2.3 A WRITTEN ADDENDUM IS THE ONLY OFFICIAL RESPONSE METHOD WHEREBY
INTERPRETATION, CLARIFICATION AND ADDITIONAL INFORMATION REGARDING THIS BID CAN
BE GIVEN. Once issued, all addenda shall become part of this contract. All addenda will be issued
electronically to each Manufacturer known to have received the initial IFB/Contract. Addenda may be issued
from the GCPS or the local school district within seven (7) calendar days prior to the bid opening date.
However, before submitting an IFB/Contract, it shall be the responsibility of each Manufacturer to determine
whether additional addenda were issued. INQUIRIES concerning interpretation or additional clarification or
additional information pertaining to this IFB must be made in writing (electronic accepted) on behalf of
GCPS within nine (9) calendar days prior to the bid opening date. For inquiries contact Margaret Strong -
strongm@gcs.k12.nc.us
2.4 COST PRICING BY ITEM: The Distributor will solicit the BEST MANUFACTURER OR PACKER "COST"
PRICING BY ITEM BID - including freight - for the longest lock in period when negotiating contract pricing
for foods and supplies on the behalf of the GCPS. Line items to be bid at the best cost are highlighted in
yellow on the bid spreadsheets.
2.5 FIRM COST-PLUS FIXED FEE BID: This method for calculation of this bid is Firm Cost-Plus Fixed Fee.
The fixed fee is charged "per case" shall encompass the costs of the product's distribution, financing and
profit, production losses, analyses cost, waste, labor, overhead, and transportation costs of the line items
3.0 SCHOOL DISTRICT IFB - CONTRACT DECLARATIONS AND PROFILE
Granville County Schools and is herein after referred to as the School District, is requesting to receive Bids from an
OFFERING ENTITY, herein after referred to as the Distributor, defined as a company that is offering to provide the
services of ordering, warehousing and delivery of food and supplies for use in the School District's Child Nutrition
Program. School District may refer to a single school district, or a combined group of School Districts in a named
Co-Op group.
Granville County Schools reserves the right, at any time after opening and prior to award, to request from any
Distributor clarification of processes or procedures, address technical questions, items bid, or to seek other
information regarding the Distributor's bid offer. This process may be used for such purposes as providing an
opportunity for the Distributor to clarify their bid, to assure mutual understanding and/or aid in determinations of
responsiveness, or responsibility, of the Distributor.
Granville County Schools reserves the right to use alternate local district bid documents and approved methods to
award the bid.
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Granville County Schools reserves the right to reject any or all bids, or parts thereof, and to waive informalities and/or
irregularities thereof.
Granville County Schools reserves the right to retain all Bids for a period of sixty (60) days or until approval by the
Local Board of Education, whichever comes first. The submittal of a Bid shall constitute an irrevocable Offer to Contract
with the School District. In accordance with the terms of the IFB/Contract, the offer may not be withdrawn until or
unless rejected or not accepted by the School District.
Granville County Schools and this with all attachments and addenda hereto awarded will become the Contract between
the School District and the awarded Distributor.
Granville County Schools reserves the right to add written SPECIAL CONDITION(s) to this IFB which details
conditions that are specific to the School District. Special Condition(s) shall be titled as such are attached to the
IFB in the Attachments Section. Special Conditions established by the School District as part of this IFB, and the
Distributor's response to the Special Condition(s), shall become part of the Contract when awarded. A School
District renewing a bid may update, or delete, Special Conditions of the original Contract; however, the District
may not make changes that would substantially change the terms of the original agreement in a renewal. If
Special Conditions are a part of this IFB, they are included in the Attachments section of the IFB/Contract. Special
Conditions must be reviewed and agreed upon by the School District and potential Distributors PRIOR to the Bid
Award Opening. If changes are made to the Special Conditions, the School District must issue a Local
Amendment to all potential Distributors announcing the change a minimum of seven (7) working days prior to the
IFB/Contract due date.
Granville County Schools requires the Distributor awarded the Contract be fully acquainted with terms and conditions
relating to the scope and restrictions involved in the execution of the work described in this contract for Granville County
Schools. Failure or omission of the Distributor to be familiar with existing conditions shall in no way relieve the company
of obligation with respect to this Contract and may be grounds for disqualification.
Granville County Schools requires The Local School District issue the approved and appropriately signed Official
Certification Form to the Awarded Distributor and the issue of a local Purchase Order to the Distributor as the Final
Bid Award.
Granville County Schools will provide a SCHOOL DISTRICT PROFILE which includes pertinent information about
the district such as the school names, addresses and current average daily breakfast and lunch meals served,
average daily snacks served, district payment schedule and, where appropriate, average daily participation in the
Summer Food Service Program, Seamless Summer Option or other meal program. The profile is found in the
Attachments section of the IFB/Contract. The School District will provide the awarded Distributor the School
Calendar, Menus and Estimated Product Usage.
4.0 DISTRIBUTOR MINIMUM QUALIFICATIONS
Distributor awarded the Contract must have a minimum of one (1) year of experience in commercial food
warehousing/delivery business and must maintain a current business license from the State of North Carolina.
Distributor shall provide documentation of applicable license, certification, commercial experience, storage and delivery
equipment and/or letters of current customer and supplier reference upon request of the School District for qualification
to furnish products and services in accordance the terms and conditions of this IFB. The School District reserves the
right to make the final determination as to the Distributor's ability to provide the products and services requested herein.
5.0 DISTRIBUTOR INSURANCE REQUIREMENTS
5.1 The Distributor awarded the Contract shall maintain all necessary insurance for the period during which
purchases are made, including Comprehensive General Liability Insurance, Property Damage Insurance,
Workers Compensation Insurance, and Automobile Liability Insurance. The Distributor must provide
Evidence of Insurance in that it currently has, and agrees to purchase and maintain, during its
performance under this Contract, from one or more insurance companies authorized to do business in the
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State of North Carolina. In addition, the School District Board of Education shall be named by endorsement
as an additional insured on the General and Automobile Liability policies.
5.2 Certificates of such Insurance shall be furnished by Provider to the School District Contact and shall
contain an endorsement to provide the School System at least 10 days' written notice of any intent to cancel
or terminate by either Provider or the insuring company. Failure to furnish insurance certificates or maintain
such insurance shall be a default under this contract and shall be grounds for immediate termination of this
Contract. ATTACHMENT C - provide summary and mail certificates to school district.
5.3 Commercial General Liability - Distributor shall maintain Commercial General Liability insurance that
shall protect the Distributor from claims of bodily injury or property damage which arise from performance
under this Contract in the amount of $1,000,000 each occurrence and Personal & Advertising Injury
$1,000,000 each occurrence with $2,000,000 General Aggregate.
5.4 Vehicle Bodily Injury and Property Damage - The Distributor shall maintain bodily injury and property
damage liability insurance covering all owned, non-owned and hired vehicles. The policy limits of such
insurance shall not be less than $1,000,000 combined single limit each person/each occurrence.
5.5 Worker's Compensation - The Distributor shall meet the statutory requirements of the State of North
Carolina for worker's compensation coverage and employer's liability insurance of all employees
participating in the provision of services under this contract.
5.6 Should any of the above required insurance be cancelled or terminated before the expiration, the issuing
company will provide at least ten (10) days written notice to the School District.
6.0 DISTRIBUTOR PERSONNEL REQUIREMENTS
6.1 The Distributor's personnel are to present a professional appearance always while on school property.
Personnel shall be neat, clean, well groomed, properly uniformed and conduct themselves in a respectable
and courteous manner while performing duties at any School District facilities.
6.2 The Distributor's personnel are forbidden to consume alcohol or use illegal drugs, use tobacco, or possess
firearms on school property at any time.
6.3 The employment of unauthorized aliens by the Distributor is considered a violation of Section 247A (e) of
the Immigration Reform and Control Act of 1986. If the Distributor knowingly employs unauthorized aliens,
such a violation shall also be cause for cancellation of the Contract.
6.4 LUNSFORD ACT. The Distributor acknowledges that N.C. General Statute 14-208.18 prohibits anyone
required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from
knowingly being on the premises of any school. This prohibition applies to persons required to register
under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the
victim of the offense was under the age of 16 years at the time of the offense. LUNSFORD ACT compliance
is addressed in the ATTACHMENT D.
7.0 DISTRIBUTOR BID ERRORS AND PRICING REQUIREMENTS
7.1 BID ERRORS: The following two bid errors are non - negotiable and may result in bid
disqualification.
(1) NO ORIGINAL SIGNATURE ON THE OFFICIAL DISTRIBUTOR BID CERTIFICATION FORM FOR
A NEW OR RENEWAL BID.
(2) ANY CHANGE TO GCPS IFB/CONTRACT LANGUAGE BY THE DISTRIBUTOR
7.2 BUY AMERICAN POLICY OF THE GCPS FOR BIDDING FROZEN AND SHELF STABLE CANNED
FRUIT AND VEGETABLES: All foreign brand product bid by the Distributor will be tested for quality and
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GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
meeting bid specification prior to purchase by the Distributor for delivery to the School District. School
Districts may request No Foreign Fruit or Vegetables in the Special Conditions section of the IFB/Contract.
7.3 BUY AMERICAN PROVISION AND COUNTRY OF ORIGIN: The Distributor shall comply with the USDA
"Buy American" provision for Contracts that involve the purchase of agricultural products. Federal
regulations require that all FOOD purchased for Child Nutrition Programs be processed in the USA and
must contain over 51% of the product's food component, by weight or volume, from U.S. origin. Products
from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are
considered domestic products under this provision as these products are from the territories of the U.S.
. While rare, two (2) exceptions may exist:
(1) The product is not produced or manufactured in the U.S., in sufficient, reasonable and
available quantities of a satisfactory quality; Note: USDA rules provide an exclusion for:
Pineapples, Mandarin Oranges, Olives, Tuna, Bananas and Coffee. Spices are exempt from
the BA clause.
(2) Competitive bids reveal the cost of a domestic product is significantly higher than a non-
domestic product.
USDA SP 38-2017 Compliance with and Enforcement of the Buy American Provision in the National School
Lunch Program states "For products procured by SFAs for use in the Child Nutrition Programs using
nonprofit food service account funds, the product's food component is considered the agricultural
commodity. FNS defines food component as one of the food groups which comprises reimbursable meals.
The food components are: meat/meat alternates, grains, vegetables, fruits and fluid milk.
7.3.1 GCPS POLICY FOR BIDDING NON - DOMESTIC FROZEN AND SHELF STABLE CANNED
FRUIT AND VEGETABLES: To provide Distributors a procedure when product availability is low,
or significantly higher than non - domestic, the following guidance is provided: U.S. grown, and
packed fruits and vegetables are preferred. But, if cost of the U.S. product exceeds a 10% per
case increase over the foreign product and the foreign product meets GCPS bid
spreadsheet quality specifications, the foreign product may be bid. The country (countries) of
origin (source) must be provided for Lot 1 Frozen and Shelf Stable Fruits & Vegetables in the
column indicated on the bid spreadsheets. All foreign brand product bid by the Distributor will be
tested for quality and meeting bid specifications prior to purchase by the Distributor for delivery to
the School District. School Districts may request No Foreign Fruit or Vegetables in Special
Conditions Section of the IFB Contract.
7.3.2 All non - domestic product bid is required to meet USDA Food Safety, Recall requirements, and
specifications of the bid.
7.3.3 The USDA Buy American Provision requires the Country, or Countries of Origin, of ALL Non-
Domestic food purchased from the Distributor be approved in advance by the School District CN
Administrator. Changes to a products Country of Origin, not specified on the bid document,
requires notification and written approval, in advance of delivery, of the product to the School
District.
7.4 MULTIPLE FLAVORS AND VARIETIES FOR A SINGLE LINE ITEM: ONE PRICE is required for all flavors
or varieties of the item the Distributor will stock. The Distributor and School District must communicate after the
award as to flavors and volume to be stocked. Multiple pricing per line item is not allowed.
7.5 NON - STOCKS - The Distributor will insert the letters "NS" (NON - STOCK) in the block for the Distributor
code to indicate it is a "non-stock" item due to low usage. School District(s) will review Non - Stock items
with the Distributor prior to the final bid award to determine items required for their District, quantities
intended, and lead order time as needed. This method is applicable for "NS" line items and "NS" flavors within
a line item when multiple flavors are available. The School District is responsible for purchasing non-stock
(Special Order) products requested from the Distributor brought into stock on their behalf. However, the
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school district will not be responsible for more than a 60 - day average usage, or the remainder of the minimum
shipment, after notification to the Distributor the product will no longer be needed or ordered.
7.5 SPECIAL ORDERS: If GCPS minimum usage of an awarded bid product, at a distributor house, is not sufficient
for "slotting" the requested product, the School District(s) may Special Order the product at the required
minimum shipment. The School District is responsible for purchasing all inventory of a Special Order made on
their behalf. The Distributor may, but is not obligated, to store School District inventory from a Special Order
for weekly delivery. Note: If usage of an awarded bid item falls below the manufacturer minimum order
level, the distributor shall notify the GCPS customer and OFFER a suitable substitute, if possible, from
a GCPS awarded bid line products.
7.6 QUANTITY REQUESTED PRICING - The Distributor shall shop the market for the lowest price for the quantity
requested on the bids received from GCPS school districts in order to reduce manufacturer changes.
7.8 SPREADSHEET PRICING DIRECTIONS: The DIRECTIONS TAB is found on the GCPS Bid Spreadsheets
and provides full direction details, by LOT category, regarding bid line items to be completed for pricing.
7.9 PRICE FOR EACH PRODUCT: A cost price for one (1) pre-approved brand or, if applicable, one (1) private
label is required for each bid specification identified for Distributor pricing in the bid spreadsheets. If a private
label is bid, the Brand Name, Code and Pack Size of the product bid must be written in under the word
Private Label. If a "0" quantity is shown in the Estimated Usage column, the Distributor is still to provide a
bid price for the bid specification.
PRODUCT CODES AND PACK: All efforts are made to provide correct Manufacturer product codes and
packs before bids are mailed. All interpretations of the specifications shall be made on the basis of the
following statement: If the bidder discovers or suspects error in the item specification, product code number,
pack size, or change in manufacturer formulation, the Distributor shall contact Margaret Strong, GCPS School
Nutrition Director at strongm@gcs.k12.nc.us. The School District shall make the final determination of product
equivalency and advise all potential bid parties through an e-mail Bid Addendum
UNIT PRICE/EXTENSION DISCREPANCY: In the event of a discrepancy between the unit price and
extension, the unit price will be considered correct. Errors found in Distributor NEW bid extensions will be
corrected and reported to the affected Distributor(s.) All Distributors will be notified of the corrected bottom line
by the School District in the Preliminary Award Letter.
8.0 FIRM FIXED FEE BID PROCEDURES FOR ALL LOTS & MILK BIDS.
8.1 FIRM FIXED FEE -The Fixed Fee is charged "per case" shall encompass the costs of the product's
distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation
costs of the line items bid in LOTS 1 - 4, Milk Bids and when requested, LOT 1A.
8.2 The Fixed-Fee shall remain firm for the duration of the Contract, and for the duration of any Summer Nutrition
Programs offered by the School Districts and any future Contract renewal period(s). Exceptions: Fuel Increase
Force Majeure.
8.3 The Fixed-Fee will be the same for ALL items in an individual LOT for the pack size shown on the bid
spreadsheet, EXCEPT for LOT 4 PRODUCE. PRODUCE: FIXED FEE SPLITS - Distributors should calculate
the cost of case splits into the fixed fee structure as requested by the individual School District. The fixed fee
for "splits" is divided by the fraction of a case provided - i.e. - a half case is the full fixed fee x .50; a
quarter case is the full fixed fee x .25, etc. The Distributor shall indicate the splits they will provide by
checking the box provided on the line item of products that may be split. The total fixed fee shall
encompass the potential splits required by the school district.
8.4 FIXED FEE AND PRODUCT SUBSTITUTION: In the event of a product substitution, the Fixed - Fee charged
by the Distributor shall also apply to all other pre-approved brands in that specification and any optional brand
priced or offered by the Distributor and approved by the School District for that bid specification.
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9.0 DISTRIBUTOR BID AWARD METHOD FOR LOCAL CONTRACTS (MILK & FROZEN BEVERAGE):
Local Contract award method is: TOTAL LOWEST BOTTOM LINE PRICE where award is to the Distributor
with the lowest bottom line price from the bidding sheets and as recorded on the Official Distributor Bid
Tabulation Sheet and verified by the School District
10.0 IFB - CONTRACT DEFINITIONS
10.1 ACCURACY OF PRICING: The accuracy of all unit prices, fixed - fees and statements contained in this
bid is the responsibility of the Distributor, and no change or cancellation may be made except as provided
in this IFB Contract or it's amendment(s).
10.2 BILL BACKS: Per USDA Regulation 210.21, all manufacturer cash discounts, label allowances, group
allowances and promotions shall go to the benefit of the School District. Any documentation pertaining to
such discounts, bill backs or allowances, will be provided with the GCPS product audit request.
10.3 BRAND AND GRADE LABELS: The Distributor shall provide documentation of Brand and Grade Labels
Identification indicating first, second and third quality Grade Labels associated with private labels that may
3.4be used in this Contract. (Applicable to Distributors bidding LOT 1 and LOT 1A) (ATTACHMENT A
10.4 BUY AMERICAN (BA) CERTIFICATION FOR THE GCPS - Certification of the BA is required to be
provided for all Distributor bid food product specifications to meet USDA Buy American requirement.by
June 1 of each year for products bid that are not a pre-approved brand (private label and other) and any
changes to such products to be delivered. Certifies the ingredients in the products were both processed in
the U.S. and contain over 51% of its agricultural food component, by weight or volume, from the U.S.
10.5 CATCH WEIGHT PRICING (per pound): Selected Turkey and Pork products in LOT 1 are priced per
pound. Distributors will provide the Unit Price for the average Pack as provided. The price per pound
goes in the BLUE highlighted cell under Pack. This will provide an average case price as well as give the
CND the price per pound for catch weight.
10.6 COMBINED PRODUCT USAGE ESTIMATE is a guide for Manufacturers and Distributors as to the
potential product usage of the combined GCPS school districts by Distributor, but under no circumstances
guarantees GCPS product usage. Combined usage, including product substitutes is provided to the
GCPS Consultant upon request annually and at designated times. Product Usage, by line item and
Distributor House is shown on the DRAFT Distributor Bid each year.
10.7 COMMUNICATION: The awarded Distributor shall communicate continuously via electronic messaging
with the School District customer concerning product orders, product movement levels, substitutions,
inventory, manufacturer shortages, production issues, etc.
10.8 CUSTOMER ISSUES: The Distributor will provide prompt response to customer issues regarding product
quality, product delivery, and product damage, credits or billing transaction documentation. Failure to
resolve customer issues in a timely manner may result in contract termination, or future bid disqualification.
10.9 DISTRIBUTOR OPTION TO DECLINE: The Distributor awarded the Contract has the option to decline
award of other LOT(S) provided the submitted a Bid but was not awarded LOT 1. Bidders of Optional
LOT(S) 1A, LOT 2, LOT 3, and LOT 4 AND LOT 6 have the option to decline the award if the bidder deems
the number of line items awarded insufficient. Any award declined by a Distributor will be awarded to the
qualified Distributor with next lowest price. If the first Distributor awarded the Contract chooses to decline
the award, the Distributor is required to provide a written request of relief to the School District
within five (5) working days after the Preliminary Bid Award Letter is received from the School
District.
10.10 DISTRIBUTOR FACILITIES: The warehouse facilities and delivery vehicles shall be clean, be free of
insects and rodents, and meet all federal and state regulations for storing and delivery of dry, chilled, and
frozen food products.
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GCPS MILK DISTRIBUTOR BID - TERMS AND CONDITIONS
10.11 HACCP: All Distributors submitting bids must provide a current Hazard Analysis Critical Control Point
Summary (HACCP) describing the Distributors on - site food sanitation and safety practices meeting
federal regulation. The awarded bidder must maintain a current HACCP plan through the duration of this
contract. ATTACHMENT B
10.12 MANUFACTURER PRICING COMMITMENT TO GCPS: Bid pricing within this Agreement is provided by
the manufacturer for exclusive use by the GCPS based on volume purchasing and is not transferable.
10.13 MANUFACTURER CONTRACTS OFFERING LOWER PRICES - If an eligible public agency contract,
within the state of NC, or a Distributor volume bracketed pricing contract with an awarded GCPS Distributor,
shows a lower price on a product than offered under this Agreement, the manufacturer shall notify GCPS
and MATCH that lower pricing under this Agreement. The manufacturer holds a contract (not with GCPS)
with lower pricing that is available to a Public Agency within the state of NC.
10.14 MANUFACTURER REBATES AND BILL BACKS - The regulations at 7 CFR 210.21(t), 220.16(e) and
215.14a(d) require that school food authorities (SCHOOL DISTRICTS) must include in all cost
reimbursable contracts, contracts including cost reimbursable provisions and solicitations for such
contracts, provisions which limit use of non-profit school foodservice account funds to costs resulting from
proper procurements and contracts. Specifically, the regulations require that SCHOOL DISTRICTs may
use nonprofit school food service account funds to pay only for allowable costs - those costs net of all
applicable discounts, rebates and other applicable credits. The regulations at, 7 CFR 200, Office of
Management and Budget Guidance, 7 CFR 210.21(c) (i), 215.14a(c) and 220.16 (c) ensure that School
Food Authorities receive the full benefit of any applicable discounts, rebates or credits intended specifically
for the School Districts by manufacturers, suppliers and/or redistributors arising from purchases made
under this IFB (hereinafter "Applicable Discounts, Rebates or Credits"). Distributor may receive and retain
earned income, defined as income and profit earned by the distributor for work or services performed by
the distributor and/or consistent with industry standards. Some examples of earned income include but are
not limited to, freight management, procurement leverage, consolidated warehousing, quality assurance,
performance-based product marketing, and management of competitive conditions. The total bid price is
not adjusted for earned income.
10.15 MINIMUM SHIPMENTS: The awarded Distributor must provide bid product brands/codes requested by
the School District from the current GCPS Local Bid, provided the School District GCPS customer(s)
meet(s) manufacturer minimum shipment requirements to the Distributor.
10.16 NON - DOMESTIC FOODS: Any non-domestic product (non - manufactured in the U.S. and containing
less than 51% U.S. ingredients) delivered to the School District, without the prior, written approval of the
Child Nutrition Director, or designee, shall be rejected at the delivery point. However, if an unapproved,
non - domestic product is delivered to the School District and not rejected, the Distributor shall be held
responsible for any over-claims that may result from failure to meet the School District's required meal
pattern. Note: If not rejected at delivery, the Distributor's return policy becomes effective for credit.
Agricultural products which are grown, canned or packed outside of the United States may be accepted by
the school district (in writing) with proof from manufacturer that poor Market conditions exist (weather,
and/or supply availability of market); this requirement applies to both pre-approved and "private labels".
10.17 ON - SITE INSPECTIONS: GCPS reserves the right to request of the Distributor documentation, on-site
inspections of facilities, delivery vehicles and records at any time during the Contract period.
10.18 PRIVATE LABEL PRODUCT SPECIFICATIONS: Provide the School District private label product
specification documentation bid directly by the Distributor including nutritional analysis, ingredients,
allergens and country of origin information for prior to June 1 of the contract year. This data must be
provided in digital format separately for each product. Private label substitutions or changes must be
provided to customers in advance. Manufacturer signed Buy American documentation for private label
products in required as of January 2018. The manufacturer may provide a letter or use the Buy American
Certification provided.
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gct 04/2023