IFB: Milk and Fresh Orange Juice

GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
500 Reid Street
Lowell, NC 28098
P: (704) 836-9110 F: (704) 824-8442
GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
Milk & Fresh Orange Juice
Invitation for Bid
GCS-2026-DAIRY
April 17, 2026
Deadline to Respond
Tuesday May 5th, 2026
8:45 a.m. (Local Time)
Please review the following information and instructions contained in this Invitation for Bid (IFB).
Should you need additional information, please email Kelsey Keltz @ krkeltz@gaston.k12.nc.us.
Gaston County School Nutrition and/or Gaston County Board of Education reserves the right to reject
any or all proposals and to award the contract in best interest of the district.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
SCOPE AND PURPOSE:
It is the intent of Gaston County Schools, School Nutrition Department to identify a vendor and
execute a contract to deliver milk and fresh 100% orange juice to all Gaston County Schools
Cafeterias and the Central Kitchen Production Site (this purchase must comply with Federal
regulations and State statutes).
TYPE OF CONTRACT:
1. MILK
Escalating or de-escalating in accordance with market changes in the Class I raw milk prices
based on the Federal-Milk-Order (FMO) announcements for applicable geographical zones.
2. 100% FRESH ORANGE JUICE
Bottom-line firm bid and will not change during the contract period.
MILK PRICING AT START OF CONTRACT:
Proposals are to be based on the April-issued Federal-Milk-Order (FMO) for May 2026. Prices at start
of contract will reflect these prices adjusted as indicated by subsequent FMOs.
MILK PRICE ADJUSTMENTS:
Beginning August 2026, prices will escalate, de-escalate or remain constant based on changes in
Class I raw milk prices based on Federal-Milk-Order announcement for the applicable geographical
zone.
Prices shall remain fixed for an entire calendar month.
Petition to adjust the price shall arrive no later than the 25th of the month prior to the adjustment.
Should the 25th fall on a weekend, then the petition must arrive by the next non-holiday workday. The
petition shall be emailed to Bessie Harvey at blharvey@gaston.k12.nc.us, copying: Tina Franks at
tlfranks@gaston.k12.nc.us; Kelsey Keltz @ krkeltz@gaston.k12.nc.us and may be made on the
following basis: +/- $.001 per half pint for each full $.15 increase in raw milk per hundredweight.
Any petition to change prices must be accompanied by an appropriate copy of the Federal-Milk-Order
and an explanation including conversion calculations showing the manner of arriving at change. The
vendor will provide an email address to submit acceptance or rejection of the petition. This notification
will be returned no later than the last non-holiday working day of the month prior to the adjustment.
CONTRACT PERIOD:
The contract shall be valid for one (1) year from August 1, 2026 through July 31, 2027. Each contract
may be renewed for four (4) one (1) year periods through negotiation between the vendor and Gaston
County School Nutrition. Negotiation may be initiated no later than ninety (90) days prior to the
termination of the current agreement.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
AWARD CRITERIA:
It is the intent of Gaston County Schools to award this contract to a single bidder considered by
Gaston County School Nutrition to be most advantageous or to constitute its best interest.
After the public opening of bids, Gaston County School Nutrition will require at least ten (10) working
days for review. The bid award will be made by Gaston County School Nutrition and following
approval by the Gaston County Board of Education. A bid award letter will be mailed to the successful
vendor following Gaston County Board of Education approval.
Gaston County School Nutrition and/or Gaston County Board of Education reserves the right to reject
any or all proposals.
DELIVERY:
1. During the academic year, all Gaston County Schools cafeterias will receive deliveries at 54
individual school sites on weekdays that school is in session prior to 12:00 p.m. (local time). Most
schools require at least two deliveries per week. The Central Kitchen Production Site receives a
delivery once a week.
2. During the winter and spring holiday periods deliveries are required if requested.
3. During the summer months, delivery routes will be arranged with the vendor, once the school sites
are established to run the Summer Food Service Program.
4. Orders will be placed directly with the vendor by the cafeteria manager or her/his designee.
5. A delivery schedule for the SY 26-27 must be emailed to Kelsey Keltz (krkeltz@gaston.k12.nc.us)
by July 1, 2026 and shall remain constant throughout the school year unless a written mutually-
agreed-to change in this schedule is made. Contact information for both drivers and route
supervisors should be included in case of emergencies or school cancellations
6. In the event of some unforeseen problem, such as delays or vehicle breakdown, contact Kelsey
Keltz at krkeltz@gaston.k12.nc.us, (704) 836-9110 Ext. 6.
7. Orders may be adjusted or canceled when school is canceled due to weather or other reasons.
Vendor will be contacted regarding necessary adjustments.
8. Repeated failure to meet delivery dates will constitute a breach of contract by the vendor.
9. Milk and juice should be delivered at the proper temperature, no more than 41 degrees Fahrenheit
or less than 33 degrees Fahrenheit and well within the recommended date of use.
10. The bidder shall deliver milk and orange juice in sanitary condition in properly maintained storage
crates to all locations. Delivery crates should be clean and in good condition. Empty crates should
be picked up daily.
11. All goods delivered shall be in the current year standard commercial pack.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
12. Cartons must be marked with appropriate product identifying information, and embossed with a
clearly labeled expiration date.
13. A delivery ticket/invoice must be furnished with each delivery, listing (a) name and address of the
vendor, (b) receiving delivery location, (c) product name, (d) quantity delivered, (e) unit price, (d)
total price by item. and (f) invoice total.
14. Delivery person shall request the authorized school receiver to verify the accuracy of each item(s)
quantities, brand, code number, condition and temperature upon delivery. Variations shall be
noted on each invoice and initial by both the delivery person and the authorized school receiver.
Full credit or replacement will be issued for any shortages, products delivered outside proper
temperature ranges, with an exceeded expiration date or spoiled products still 'in-date'.
15. The authorized school receiver must sign all delivery ticket(s)/invoice(s) at the time of delivery.
Unsigned tickets will not be paid. Two (2) copies of the delivery ticket(s)/invoice(s) must be left
with the receiver.
16. If the vendor is delivering products out of more than one warehouse or distribution center, all
warehouses or distribution centers involved in the distribution plan MUST carry or have timely
access to all awarded items and MUST be able to respond to orders in a timely manner.
17. Product substitutions are not allowed, and the involvement of multiple distribution centers will not
be construed as to alter the restrictions against product substitutions.
18. In the event the vendor uses multiple distribution centers, Gaston County School Nutrition will
have ONE CONTACT PERSON for overall Contract management relative to any Contract
resulting from any award under this IFB, and Gaston County School Nutrition WILL NOT be
required to deal with multiple Contacts for overall contract management. Except for items that
have hidden defects or that do not meet specification.
19. Should Gaston County Schools, School Nutrition Department have any Federal meal
reimbursement funds reclaimed due to failed or untimely delivery of milk and/or absence of
required milk products as specified in the contract, the vendor will be charged the reclaimed
amount and expected to pay that amount.
SANITATION REQUIREMENTS:
Vendors agree to comply with all local and state standards of sanitation in their operations. Gaston
County School Nutrition reserves the right to inspect the vendor's operating facilities at any time. All
items are to be delivered in clean, pest-free vehicles. Refrigerated goods are to be stored and
delivered at the appropriate temperature. The district reserves the right to refuse or return items
which are leaking, show evidence of temperature abuse or are damaged in any way. The district will
be inspecting delivery trucks and products on delivery as outlined in the district HACCP plan. Vendor
agrees to cooperate with such inspections and make necessary corrections because of them.
QUALITY, BEST USED BY DATE, ROTATION OF PRODUCT:
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
All milk products and juice are to be delivered fresh with a 'Best Used By' date of at least 7 days. It is
the responsibility of the delivery driver to rotate product within the cooler upon delivery to help ensure
that the oldest product is used first. The determination of quality or acceptability of products offered
will be made by Gaston County School Nutrition.
SUBSTITUTIONS:
Gaston County School Nutrition will not accept product substitutions on delivery after the bid has
been awarded unless the substitutions have received prior approval from Gaston County School
Nutrition. Unauthorized substitutions may be grounds for termination of the contract and may
jeopardize any future business with Gaston County Schools.
BUY AMERICAN PROVISION:
Section 104(d) of the William F. Goodling Child Reauthorization Act of 1998 requires schools
participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) to
purchase to the maximum extent possible, domestic commodities or products used in meals serves in
the NSLP and SBP. "Domestic commodity or product" is defined as one that is produced in the United
States and over 51 percent of the final processed product consists of agricultural commodities that
are grown domestically.
PRODUCT CHANGES:
Each item that is awarded must be shipped as the approved brand and product submitted on the
bid. Vendors reformulating awarded product codes shall notify Bessie Harvey at
blharvey@gaston.k12.nc.us and copy Kelsey Keltz at krkeltz@gaston.k12.nc.us and Margaret
Cameron mhcameron@gaston.k12.nc.us with the subject header, PRODUCT CHANGE, a minimum
of two months before the existing-formula product is discontinued. New formula product(s) shall not
be shipped without approval in writing. Substituting without the prior approval of Gaston County
School Nutrition will constitute a breach of contract by the vendor.
PRICING:
All freight, delivery, and handling charges, including unloading and inside deliveries when required
are the responsibility of the vendor. Title to all products shall pass to Gaston County School Nutrition
upon receipt and acceptance at the time of delivery.
All foods, beverages and food service supplies procured through Gaston County School Nutrition are
exempt from sales and use tax. State Sales and Use Tax Certificates of Exemption form will be
issued upon request. Sales tax shall be added where applicable.
The bidder is responsible for clearly noting any differences in proposed packaging and/or units of
measure in the quote response, and the bidder shall understand that if the item in question is
awarded to the bidder, the quantity specified for that item will be adjusted to achieve an
approximately equivalent amount of the product.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
If during the term of the Contract, a successful bidder's net prices to any or all of its other customers
in similar market circumstances for any of the same items awarded under this IFB are reduced below
the contracted price, it is understood and agreed that the benefits of such price reduction shall be
extended to Gaston County School Nutrition.
"Cost Plus" bids will not be accepted unless otherwise requested in this IFB.
This is not an E-Procurement purchase and consequently not subject to the 1.75% fee. In order that
you may present competitive bids, please ensure that you have not marked up your bid to cover this
fee.
INVOICE, WEEKLY STATEMENT, AND PAYMENT CONDITIONS:
1. A delivery ticket/invoice must be furnished with each delivery ticket.
2. The authorized school receiver must sign all delivery ticket(s)/invoice(s) at the time of delivery.
3. Weekly statements shall be sent to Tina Franks at tlfranks@gaston.k12.nc.us and Kelsey Keltz at
krkeltz@gaston.k12.nc.us by Wednesday of the following week. Statements must have itemized
invoices showing delivery location, delivery date, invoice number, product delivered and quantity
delivered for each product. It is the policy of Gaston County School Nutrition to make payment by
reconciling delivery tickets/invoices with statements. All invoices will be paid within thirty days of
the invoice date.
4. It is the responsibility of the vendor to make sure that invoice pricing is consistent with bid pricing.
Invoices with incorrect prices or other errors or inconsistencies will not be paid until corrected,
whether by credit memo(s) or issuance of a corrected invoice.
5. All credit memos should be emailed to tlfranks@gaston.k12.nc.us or mailed to 500 Reid Street,
Lowell, NC 28098. Sending credit memos directly to schools will delay payment of invoices to
which they relate.
6. Payment will be made only after satisfactory delivery and acceptance of merchandise in good
order, including the necessary documentation indicated above, and only after receipt of a correct
invoice form the vendor, including the necessary information indicated above.
TERMINATION OF CONTRACT:
Gaston County School Nutrition may terminate the contract, if terms of contract are not met; and the
successful contractor may terminate the contract if Gaston County Schools, School Nutrition
Department is in breach of contract.
Potential reasons to terminate may include, but are not limited to:
Failure to meet delivery schedule.
Poor service or poor quality products as determined by the Director of School Nutrition.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
Excessive out of stock items.
Substituting products without prior approval by the Director of School Nutrition or designee.
Shipping products that do not meet specifications.
Each party shall follow the procedure outlined below, if a contract is to be terminated:
Step 1: Issue warning letter outlining violations and time given to correct the problem.
Step 2: Issue letter of Intent to Cancel Contract, if problems are unresolved by a given date.
Step 3: Issue letter to cancel the contract.
In the event that the physical facilities of the contractor are destroyed or a labor dispute makes
performance under the terms of this contract impossible, the contractor will not be held liable by the
Gaston County Schools.
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
Exhibit List:
Attachment A: GCS Standard Terms and Conditions
Attachment B: School Nutrition Standard Terms and Conditions
Exhibit 1: Gaston County Schools Delivery Addresses
Exhibit 2: Proposal Reply Section
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
Attachment A
GCS Standard Terms and Conditions
1. Payment Terms. Payment terms are Net 30 days after receipt of applicable invoice.
2. Compliance with All Laws. Service Provider warrants that all performance hereunder shall be in accordance with all
applicable federal, state and local laws, regulations and orders.
3. Registered Sex Offenders. Service Provider acknowledges that GCS Policy "Registered Sex offenders Banned from
property - Policy Code 5021" prohibits anyone registered or required to register as a sex offender from being present
on any GCS Property for any reason, whether before, during or after school hours. Service Provider expressly agrees
that it, and any of its employees, will comply with this policy and acknowledges that any individuals that violate this
policy are subject to removal from GCS Property by GCS and/or law enforcement officials and may also be subject to
criminal prosecution. "GCS Property" includes all property owned or operated by the Gaston County Board of
Education, including school campuses and buildings, athletic fields, playgrounds, parking lots, bus stops, vehicles,
school buses, activity buses and any other properties owned or controlled by GCS. If Service Provider, any of Service
Provider's employees, or any of Service Provider's subcontractors or employees of subcontractors will have any direct
interaction with students, then Service Provider or the subcontractor must (i) on an annual basis conduct a check of the
N.C. Sex Offender and Public Protection Registration Program, the N.C. Sexually Violent Predator Registration Program
and the National Sex Offender Registry for all such employees; and (ii) prohibit individuals listed on such registries from
being on GCS Property.
4. E-verification. Service Provider shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina
General Statutes.
5. Indemnification. Service Provider shall indemnify and hold harmless GCS, its officers, agents, employees and assigns
from and against all claims, losses, costs, damages, expenses, attorneys' fees and liability that any of them may sustain
(a) arising out of Service Provider's failure to comply with any applicable law, ordinance, or regulation or (b) arising
directly or indirectly out of Service Provider's performance or lack of performance of the terms and conditions of the
Contract. In the event Service Provider, its employees, agents, subcontractors and or lower-tier subcontractors enter
premises occupied by or under the control of GCS in the performance of the Contract Documents, Service Provider
agrees that it will indemnify and hold harmless GCS, its officers, agents, employees and assigns, from any loss, costs,
damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out
of, as a result of, or caused by the negligence or willful misconduct of such entrant.
6. Insurance. The Service Provider certifies that it currently has and agrees to purchase and maintain during its
performance under this contract the following insurance from one or more insurance companies acceptable to GCS and
authorized to do business in the State of North Carolina and with an AM Best rating of A:X or better. GCS shall be
named as an additional insured on the Automobile and Commercial General Liability policies.
Worker's Compensation and Employer's Liability Insurance - Worker's Compensation insurance with limits as
required by statute with Employer's Liability limits of $500,000 each accident, $500,000 disease policy limit,
$500,000 disease each employee.
Automobile Insurance - The Service Provider shall purchase and maintain Automobile Liability insurance providing
coverage against losses resulting in bodily injury or property damage caused by or arising out of ownership,
maintenance or operations of any motor vehicle, owned or nonowned used in the performance of this contract. A
minimum limit of $1,000,000 per occurrence is required.
Commercial General Liability - The Service Provider shall purchase and maintain Commercial General Liability
insurance providing coverage against losses resulting in bodily injury, personal injury and property damage caused
by or arising out of the operations under this contract. Such insurance shall include coverage for premises
operations, and products and completed operations. A minimum limit of $1,000,000 per occurrence with a
$2,000,000 aggregate is required.
Sexual Abuse, Molestation Coverage - Limits of $1,000,000 for each occurrence.
Environmental Impairment Liability and Pollution Liability - Limits of $1,000,000 per occurrence.
Umbrella Excess Liability - Contractor shall carry umbrella excess liability including auto, general liability,
employer's liability, and professional liability in the amount of $1,000,000 over existing primary insurance and over
self-insured hazards.
Certificates of such insurance shall be furnished by the Service Provider to GCS, naming GCS as additional insured as
required above, and shall contain the provision that GCS be given 30 days written notice of any intent to amend, cancel
or nonrenew by either the Service Provider or the insuring company. Failure to furnish insurance certificates or to
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GASTON COUNTY SCHOOLS
SCHOOL NUTRITION DEPARTMENT
maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this
contract.
7. Termination for Convenience. In addition to all of the other rights which GCS may have to cancel this Order, GCS shall
have the further right, without assigning any reason therefore, to terminate any work under the Contract Documents, in
whole or in part, at any time at its complete discretion by providing thirty (30) days' notice in writing from GCS to Service
Provider. If the Contract is terminated by GCS in accordance with this paragraph, Service Provider will be paid for
Services actually provided up through the date of termination at the rates provided herein.
8. Termination for Default. Either party may terminate the Contract, in whole or in part, immediately and without prior
notice upon breach of the other party. In addition to any other remedies available to GCS law or equity in connection
with an uncured breach of the Contract by Service Provider, GCS may procure upon such terms as GCS shall deem
appropriate, Services substantially similar to those so terminated, in which case Service Provider shall be liable to GCS
for any excess costs for such similar supplies or services and any expenses incurred in connection therewith.
9. Contract Funding. It is understood and agreed between Service Provider and GCS that GCS's obligation under the
Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be
made. No legal liability on the part of GCS for any payment may arise until funds are made available to GCS's Finance
Officer and until Service Provider receives notice of such availability. Should such funds not be appropriated or
allocated, the Contract shall immediately be terminated. GCS shall not be liable to Service Provider for damages of any
kind (general, special, consequential or exemplary) as a result of such termination.
10. Accounting Procedures. Service Provider shall comply with any accounting and fiscal management procedures
prescribed by GCS to apply to the Contract and shall assure such fiscal control and accounting procedures as may be
necessary for proper disbursement of and accounting for all project funds.
11. Improper Payments. Service Provider shall assume all risks attendant to any improper expenditure of funds under the
Contract. Service Provider shall refund to GCS any payment made pursuant to the Contract if it is subsequently
determined by audit that such payment was improper under any applicable law, regulation or procedure. Service
Provider shall make such refunds within 30 days after GCS notifies Service Provider in writing that a payment has been
determined to be improper.
12. Contract Transfer. Service Provider shall not assign, subcontract or otherwise transfer any interest in the Contract
without the prior written approval of GCS.
13. Contract Personnel. Service Provider agrees that it has, or will secure at its own expense, all personnel required to
perform the services set forth in the Contract.
14. Key Personnel. Service Provider shall not substitute for key personnel (defined as those individuals identified by name
or title in the Contract Documents or in written communication from Service Provider) assigned to the performance of
the Contract without prior written approval from GCS Project Coordinator (the individual at GCS responsible for
administering the Contract).
15. Contract Modifications. The Contract may be amended only by written amendment duly executed by both GCS and
Service Provider. However, minor modifications may be made by GCS Project Coordinator to take advantage of
unforeseen opportunities that: (a) do not change the intent of the Contract or the scope of Service Provider's
performance; (b) do not increase Service Provider's total compensation or method of payment; and (c) either improve
the overall quality of the product or service to GCS without increasing the cost, or reduce the total cost of the product
or service without reducing the quantity or quality. All such minor modifications to the Contract must be recorded in
writing and signed by both the Project Coordinator and Service Provider, and placed on file with the Contract. No price
adjustments will be made unless the procedure has been included in the Contract and a maximum allowable amount
stipulated.
16. Relationship of Parties. Service Provider is an independent contractor and not an employee of GCS. The conduct and
control of the work will lie solely with Service Provider. The Contract shall not be construed as establishing a joint
venture, partnership or any principal-agent relationship for any purpose between Service Provider and GCS.
Employees of Service Provider shall remain subject to the exclusive control and supervision of Service Provider, which
is solely responsible for their compensation.
17. Advertisement. The Contract will not be used in connection with any advertising by Service Provider without prior written
approval by GCS.
18. Nondiscrimination. During the performance of the Contract, Service Provider shall not discriminate against or deny the
Contract's benefits to any person on the basis of sexual orientation, national origin, race, ethnic background, color,
religion, gender, age or disability.
19. Conflict of Interest. Service Provider represents and warrants that no member of GCS or any of its employees or officers
who may obtain a direct benefit, personal gain or advantage for themselves or a relative or associate as a result of the
Contract, subcontract or other agreement related to the Contract is in a position to influence or has attempted to
influence the making of the Contract, has been involved in making the Contract, or will be involved in administering the
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