GCS SNS Frozen Dairy & Freezers

NOTICE TO BIDDERS

Sealed Bids will be received by Guilford County School Nutrition Services Department until 2:00pm

EST on July 14, 2026, at 120 Franklin Blvd. Greensboro, NC 27401, and immediately thereafter publicly opened and read aloud, to furnish all materials and labor for Frozen Dairy and Freezers. Please allow sufficient time for check-in and visitor badges as late bids will not be accepted. Attempts to submit a bid via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this Invitation for bids will not be accepted.

EXECUTION

In compliance with this Invitation For Bids (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Vendor certifies that this bid is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 14348.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids will not be accepted.

Offer valid for 90 days from date of bid opening, unless otherwise stated. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this IFB.

1.0 PURPOSE AND BACKGROUND

Guilford County School Nutrition Services is seeking bids from qualified vendors for Frozen Dairy Products and Freezers.

TYPE OF CONTRACT: ANNUAL - FIRM PRICE FOR BID PERIOD

PERIOD: AUGUST 01, 2026 THROUGH JULY 31, 2027

2.0 GENERAL INFORMATION

This IFB is comprised of the base bid document, any attachments, and any addenda released before contract award. All attachments and addenda released for this IFB in advance of any Contract award are incorporated herein by reference. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto.

TAXES

Guilford County Schools is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to your bid. Any itemized shipping charges are also subject to tax. When invoiced, tax should be invoiced as a separate line item.

MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE (MWBE)

The Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, 168A-3. GCS Board of Education promotes full and equal access to business opportunities with Guilford County Schools. Minority businesses are encouraged to submit bids for this project. All vendors shall have a fair and reasonable opportunity to participate in GCS business opportunities.

INSURANCE

Certificate of Insurance

Each vendor shall furnish GCS a certificate of insurance showing that the required workmen's compensation and public liability insurance are carried by the Contractor. The certificate of insurance should show that it is issued to or at the request of the Guilford County Board of Education, Greensboro, North Carolina. All insurance carriers shall be licensed to do business in North Carolina or approved to issue insurance coverage by the Commission of Insurance of North Carolina.

The certificate of insurance shall include substantially the following provision: The insurance policies to which this certificate refers shall not be altered or canceled until after ten (10) days' written notice of such cancellation or alteration has been sent by certified mail to the Guilford County Board of Education, Greensboro, North Carolina.

Public Liability Insurance

The vendor shall maintain public liability insurance covering his liability for bodily injury and property damage which may arise from his operations, contractual obligations, products and completed operations, as well as operations performed by independent contractors, in not less than the following amounts:

1.A combined single limit (CSL) of $1,000,000 each occurrence, or

2.A $1,000,000 limit for Bodily Injury Liability, and $1,000,000 limit for Property Damage Liability.

An occurrence form of policy will be required, and the certificate of insurance submitted by the Contractor must be personally signed by a resident licensed agent of each of the companies listed on that form.

Worker's Compensation Insurance

The Contractor shall maintain during the life of his contract all such workmen's compensation insurance as is or may be required by the laws of North Carolina.

Terms and Conditions

It shall be the vendor's responsibility to read the instructions, terms and conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued relating to this IFB.

All Vendors are hereby notified that they must have the proper license as required under the North Carolina laws. The award of a contract under this solicitation may be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of funding award. All prospective contractors shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with state law and local ordinances.

3.0 SPECIFIC INFORMATION

BID QUESTIONS

Upon review of the IFB documents, vendors may have questions to clarify or interpret the IFB to submit the best bids possible. To accommodate the bid questions process, vendors shall submit any such questions by July 10, 2026, by 12noon.

Written questions shall be emailed to Kim Best at Bestk@gcsnc.com by the date and time specified above. Vendors will enter "IFB #7126-27- Questions" as the subject for the email. Question submittals will include a reference to the applicable IFB section and be submitted in a format shown below:

Questions received prior to the submission deadline date, GCS's response, and any additional terms deemed necessary by GCS will be posted in the form of an addendum. No information, instruction or advice provided orally or informally by any GCS personnel, whether made in response to a question or otherwise regarding this IFB, shall be considered authoritative or binding. Vendors shall be entitled to rely only on written material contained in an addendum to this IFB.

BID SUBMITTAL

Sealed bids, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated below, as described herein. Two (2) Original & 1 standard USB drive should should be addressed in an envelope with the IFB number as shown below: It is the responsibility of the Vendor to have the bid in the Guilford County School Nutrition Services office by the specified time and date of opening. Bids shall be marked on the outside of the sealed envelope with the Vendor's name, bid number and date and time of opening. If Vendor is submitting more than one bid, each bid shall be submitted in separate sealed envelope and marked accordingly. For delivery purposes, separate sealed bids from a single Vendor may be included in the same outer package.

Attempts to submit a bid via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bids package.

MAILING INSTRUCTIONS

DELIVERED BY US POSTAL SERVICE OR ANY OTHER MEANS:

IFB No.7126-27

Kim Best

Guilford County School Nutrition Services

120 Franklin Blvd.

Greensboro, NC 27401

4.0 GENERAL BID AND CONTRACT REQUIREMENTS

A. SCOPE

CORRECTIONS OF MISTAKES ON THE BID FORMS

Erasures or the use of typewriter correction fluid on bid forms is not acceptable and may result in the rejection of the bid. Prior to submission or openings, errors may be crossed out, corrections entered and initialized by the person signing the bid. No bids shall be altered or amended after the specified time for opening.

BID INFORMATION

Bidders are required to complete all columns of the bid form.

Pack - The number and size of the units in each case.

Decimals- Any mathematical calculation that involves decimals shall be carried only two decimal places. Round up on case quantities if quantity is changed due to pack/size change.

Unit Price - The cost of the unit specified bid net cost only. Deduct all discounts, trade and terms. Delivery costs, and all taxes, except North

Carolina Sales Tax on taxable items, are to be included in the item case price. However, bid items for which North Carolina Sales Tax will be charged should be noted if applicable.

Prices- Bid prices will remain firm for the duration of the contract and during any subsequent extension years.

REVIEW AND AWARD OF BIDS

After the public opening of bids, the Guilford County School Nutrition Services may require up to 7 days for review of bids prior to award. It is important for bidders to understand that the reason for the review of bids, line by line, is to assess the fairness of the bid to suppliers and the school system alike. A supplier must show suitable evidence for acceptance of any item challenged upon review and assessment.

Any bid, which in the opinion of the school system violates the integrity or fairness of a bid, may be rejected in total. Guilford County Schools reserve the right to reject any or all bids, in whole or in part, and to waive technicalities whenever it is deemed to be in the best interest of the school system.

All bids shall be subject to verification for accuracy of mathematical extensions and additions. If the errors are on math are within the tolerances described in the Invitation for Bid, the bottom line will be adjusted; and if the bid is still low, the bid disclosure procedures will continue.

Mathematical Accuracy of the Bid Offered - If the mathematical calculations on less than 90% of the items are correct, the Guilford County Schools may elect to reject the bid. The following items will be classified as mathematical calculations:

Any error in a line item in conversion, addition, or multiplication which results in an incorrect extension will be counted as one error.

Any error in addition to arrive at the bottom line will be counted as follows:

each 1% change in the bottom line will count as one error.

It is the intent of the Guilford County Schools to award bid items to the distributor who best meets the needs of Guilford County School Nutrition Services in regards to cost per serving, quality of products and past service record. A single award will be made to cover the bid requirements.

In the event of identical low bids, School Nutrition reserves the right to select the successful bidder. The successful vendor will be notified in writing of the bid award.

PROTEST PROCEDURE

Protests of awards exceeding $10,000 in value must be submitted to the issuing Agency at the address given on Page 1 of this document. Protests must be received in this office within 15 calendar days from the date of the Contract award and provide specific reasons and any supporting documentation for the protest..

EXCLUSIVITY

The school system agrees to use the designated contract distributor(s) as an exclusive source for the various items and services listed herein as well as for comparable substitutes. The only anticipated exceptions might be in time of emergency. The designated distributor(s) reciprocally agrees to provide items awarded to the company thereby minimizing occurrences when a school system may have to seek other interim product resources.

LINES OF COMMUNICATION

Orders will be placed weekly by electronic submission. The School Nutrition Office may place or change orders by telephone or email. A company contact person with responsibility for the Guilford County Schools' account must be available Monday-Friday 7:00am-4:00pm, except, during school holidays to accept phone orders, changes, deletions, and to handle emergency needs. Calls or emails should be returned the same business day or at least within 24 hours.

As far as practical, all communications between school system officials and distributor(s) shall be in writing. Each shall designate a representative to deal with day-to-day logistical matters of the program. Matters of policy are to be dealt with by the School Nutrition Business Manager and a company official at a management level.

REPORTS

Utilization reports shall be issued to the Guilford County Schools upon request. Utilization reports shall be submitted for total quantity delivered per item in terms of bid units per school and a combined district total. Reports should also be submitted for dollar amount purchased by school and district upon request. Reports shall be submitted within 10 calendar days upon request. Payments for the month prior to the due dates for the reports may be withheld at the discretion of Guilford County School officials until reports are received.

DELIVERIES

Most schools operate on a ten (10) months per year calendar. A few schools operate on a different calendar that may require deliveries other than the regular calendar dates. Orders will be placed the week before delivery by electronic submission.

A minimum of every other week deliveries shall be made between the hours of 7:00 a.m. and 2:00 p.m. for all schools. Delivery schedules shall be submitted to school district within thirty (30) days upon award of the bid for prior approval and shall remain constant for the school year. When holidays or closing days fall on a scheduled delivery day, deliveries shall be made in accordance with a schedule negotiated by the parties involved. All Guilford County Schools calendars can be found on the district's website:

Vendor must coordinate ice cream deliveries with managers prior to holidays and the end of the school year to minimize ice cream shortages or unused ice cream. Vendor shall issue credit for unused frozen dairy products if it was purchased within the last thirty (30) days.

Drivers shall deliver product into areas designated by the School Nutrition manager or designee. Drivers are to rotate current inventory before loading new deliveries.

Product deliveries which deviate from the established delivery schedule and which are not requested nor receipted by authorized school nutrition personnel will be considered donations to the School Nutrition Department. Deliveries that are delayed due to truck mechanical problems, traffic problems or product shortages should be notified to the School Nutrition Office as soon as possible.

Drivers shall request the authorized school receiver to verify the accuracy of items, quantities of each item, total quantities, and the condition of merchandise.

Each delivery ticket shall be receipted (signed) by a school nutrition staff member. Variations from the norm, i.e., shortages, damages, etc., will be handled in a manner negotiated with the successful bidder(s) at the Post-Bid Conference. Two copies of a legible, accurate delivery invoice must be left with each delivery.

Special or intermediate deliveries will be required only if a vendor fails to deliver product on a regularly scheduled delivery, in which case the contractor shall make delivery as requested by the School Nutrition Business Manager or in case loss of power that causes the inventory of ice cream to spoil.

Drivers shall issue credit for ice cream that is spoiled due to the malfunction of the vendor owned freezer.

Orders that need to be cancelled, due to emergency, school closings, (such as inclement weather), may be cancelled with less than two-hour notice.

OUT OF STOCK/SUBSTITUTIONS

Each vendor shall provide the School Nutrition Office not later than 10:00A.M on the day before delivery, a list of all items that are temporarily OUT OF STOCK and will not be delivered. School Nutrition Services shall give every consideration for unavoidable delays and errors.

In the event that a substitution acceptable to the Business Manager and/or designee cannot be made, the Business Manager may procure the item from another source, and hold the vendor responsible for any excess cost, occasioned thereby. Consistent out of stock will be grounds for termination.

Vendors must deliver the products specified in their bid unless a substitution is approved by School Nutrition Services.

No back orders shall be accepted without pre-approval from the School Nutrition office.

PAYMENTS

Separate computer-generated invoices and credits must be supplied for each school at the time of delivery. It is the desire of the school system that items on all invoices print out in the school system's numerical sequence.

Specific invoicing requirements shall be negotiated with the successful bidder at the Post-Bid Conference. Guilford County School Nutrition Services will pay (signed) invoices upon receipt. Invoices are paid by the invoice numbers. Invoicing will be created by the vendor using unique, sequential numbering patterns for a minimum of one fiscal year, but ideally for the length of the contract terms. Duplicate invoice numbering systems will not be permissible sources of acceptable documentation of services rendered and may lead to termination of the contract. The awarded vendor must demonstrate that the invoicing system creates unique numerical sequences prior to the contract start period.

Fiscal Funding: If the effective dates of this contract extend beyond June 30 of the current fiscal year, it shall be understood that purchases in the next fiscal year are conditional on the receipt of federal, state or local funds. In the event of the discontinuance or a decrease in federal, state or local funds, the Guilford County Schools reserves the right to change the item identifications, decrease the quantities and/or delete items.

EXTENSIONS

This contract may be extended for a period not to exceed four years in total, upon mutual agreement of both parties. There shall be no changes in the terms of the contract during the extension period. The total period of the contract including extensions shall not exceed 60 months, one year at a time.

END OF CONTRACT

The current vendor shall have 30 days to remove all vendor owned ice cream boxes from schools after the last day of school.

TERMINATION OF CONTRACT

Failure on the part of the school system, or the contractor, to comply with the provisions of this contract may result in termination with 30 days written notice.

Each party shall follow the procedure outlined below, if a contract is to be terminated:

Step 1. Issue warning letter and outline violations and length of time to correct the problem.

Step 2. Issue letter of Intent to cancel contract, if problem is not resolved by a given date.

Step 3. Issue letter to cancel contract.

BREACH OF CONTRACT

The vendor shall be charged 25% of the total contract award for breach of contract.

Parties to contract must perform as specified in contract unless:

Parties agree to change in terms or

Actions of party who deviate from terms of contract are implicitly accepted (ratified by action or non-action of other party). The contractor shall not be liable for any excess costs if failure to perform the contract arises out of causes beyond the control and without the fault or negligence or the contractor. Such causes may include, but are not restricted to acts of God or public enemy, acts of Government in either it sovereign or contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes freight embargoes and unusually severe weather but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor.

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B. BIDDER QUALIFICATIONS

Before any bid can be accepted, a bidder must be deemed qualified, in the judgment of school officials, to perform as required herein. A bid may be rejected if a bidder fails to meet any one of the qualifications

Product is frozen dairy products, ice cream, sherbet, or yogurt that meet USDA Smart Snacks guidelines.

It must be evident to school officials that a bidder is capable of delivering promptly all items on the bid list and acquiring, on short notice, any peripheral items that might be required.

This bid requires that the winning vendor provide use of vendor owned ice cream boxes when requested at no additional charge. The cost of the frozen dairy products must cover any rental charges. Boxes are to be chest style freezers with lock and casters. The box size should be approximately 41" L x 27" depth x 33" H. Approx. 11.5 cu ft. Defrost water drain, cord minimum 6 ft length, NEMA 5-15P, 115v/60/1ph. UL, ETL sanitation or NSF listed. R290 refrigerant, standard LED lighting. Where requested, units delivered to schools, uncrate and set inside kitchen and remove packaging material from school.

The vendor is to maintain the box in good working order and do any necessary repairs or replace the box in a timely manner (five business days).

Product lost due to the vendor's ice cream box malfunctioning shall be credited by the vendor. The number of freezers requested for 2026-2027 school year could be up to 100 but is subject to change if schools start or discontinue selling products. Boxes must be delivered prior to the start of the school year and first product delivery. Failure to do so could result in termination of contract. The ability to meet this deadline may be used a factor in awarding the bid.

The vendor shall provide appropriate signage for each school to show product selection.

2. RELIABILITY

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

The vendor must have a recall policy in place that will effectively respond to a food recall and notify the school district in a timely manner of any unsafe products. The vendor will remove any unsafe food products in an expedient, effective and efficient manner. Any products that the School District questions as a potentially unsafe product must be picked up and credited by the distributor upon request.

3. ACCOUNTING PRACTICES

A successful bidder must clearly demonstrate to school officials his capability to provide accurate, reliable and timely reports, in terms of monthly statements, utilization reports, invoices and credit memos. Invoices and credit memos must show correct bid prices and price extensions and should require a minimum of time to verify.

By signing this bid, the vendor understands that the Guilford County Schools, the U.S.

Department of Agriculture, the N.C. Department of Public Instruction, the Comptroller General of the United States or any of their duty authorized representatives shall have access to books, documents, papers and records of the contractor which are directly pertinent to the specific contract for the purpose of audits, examinations, excerpts and transcriptions.

The vendor must retain records for a minimum of three (3) years after final payments are received, and all other pending matters are closed. The records shall be retained beyond the three (3) year period for as long as required for resolution of the issues raised by an audit.

4. FACILITIES AND EQUIPMENT

Distributors must have adequate warehouses for supplying contract products. Conditions for storing chilled and frozen products must be as recommended by the Refrigeration Research Foundation.

Delivery temperatures of frozen and chilled food shall be as recommended by the Food and Drug Administration (Federal) and HACCP. School Nutrition staff will be checking ice cream and truck temperatures at the time of delivery on a routine basis and may reject product if not at the correct temperature of zero degrees or below.

Vendor must have a HACCP (Hazard Analysis Critical Control Points) plan in place and maintain it for the duration of the bid.

Vendor must have a security plan in place to prevent contamination of agricultural food supply by means of bio terrorism.

5. SANITATION REQUIREMENTS

Distributors' facilities and trucks may be routinely inspected by school officials. Facilities and operating practices must be continuously in compliance with the United States Food, Drug, and Cosmetic Act and State and local laws and regulations. All products must be packaged in sanitary, sealed cartons or containers.

A. The facilities and trucks must at all times be:

Clean

Insect and rodent free

Adequate for storing and delivering products.

B. Health inspection reports should be made available, as requested, for any facility where Guilford County School Nutrition ice cream is produced and stored.

6. PERSONNEL REQUIREMENT

It is the Guilford County Schools Board of Education policy that there shall be no smoking on any Guilford County Schools' property. Therefore, any contractor's employee may not smoke while performing their duties on Guilford County School property.

The contractor shall conduct an all-state criminal records check for the last 10 years on all employees that will be conducting business on Guilford County Schools' property.

Contractor's personnel are forbidden to consume alcohol, use illegal drugs or possess a firearm on school property. The contractor must also conduct drug/alcohol testing on all employees. In addition to drug/alcohol testing upon initial employment, contractor agrees to conduct drug/alcohol testing on a random or rotating basis.

Contractor employees must at all times be in a company uniform or have a visible form of company ID on their person. They must present a profession appearance and conduct themselves in a respectable and courteous manner while performing their duties on school property.

The employment of unauthorized aliens by the vendor is considered a violation of Section 247A (e) of the Immigration Reform and Control Act of 1986. If the vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the contract.

The vendor must comply with the Lunsford Act N.C. General Statue 14-208.18.

STANDARD PRODUCT CONDITIONS

All products shall conform to the minimum requirements of Federal and State regulations. These requirements shall include but not be limited to weights, measures, fill of containers, drained weights and contamination.

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

SCHOOL DELIVERY SITES

Contact: Kim Best

Business Manager

School Nutrition Services

120 Franklin Blvd. Greensboro, NC 27408

bestk@gcsnc.com

PHONE: 336.601.4393

School sites subject to change

Guilford County School Nutrition Services

Frozen Dairy and Freezer Bid for Bid Period August 1, 2026- July 31, 2027

Place completed form in sealed envelope labeled "Frozen Dairy and Freezers Bid #7126-27

All items must meet the a la carte nutrition standards (Smart Snacks). You must bid all line items. Submit nutritional and ingredients info for all items.

Add any additional items that you wish to offer.

Price these items but do not add to the bottom-line bid total

Guilford County School Nutrition Services

2026-2027 School Year Frozen Dairy and Freezer Bid

IFB # 7126-27

Mail to the address below or hand deliver to: Guilford County School Nutrition Services

Attn: Kim Best

120 Franklin Blvd.

Greensboro, NC 27401

Bids must be received by: July 14, 2026, at 2:00pm EST

Date Bid Issued: July 1, 2026

Bottom Line Bid for Frozen Dairy Products (includes providing freezers):

I certify by my signature below that the prices quoted in this bid are correct and that I have authority to obligate the company to perform under the conditions outlined in the contract. By signing this document, I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I certify that I understand that collusive bidding is a violation of federal law and can result in fines, prison sentences and civil damage awards.

STANDARD TERMS AND CONDITIONS

Scope and Purpose

It is the intent of the SFA to contract with an interested party or parties for the purchase of food for the students of Guilford County Public Schools that fall within Federal regulations and State statutes that will be provided at an economical price for the SFA.

The section titles contained in this General Terms and Conditions document are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document.

Unless otherwise stated, any listing of factors or criteria in this document does not constitute an order of preference or importance.

The term "Contract," as used in this document, means the comprehensive collection of:

this General Terms and Conditions document, including any attachments and or amendments thereto,

the Item Specifications included in the IFB and any subsequent addenda thereto, the offeror's signed Bid Certification, which must be completed, signed by an authorized representative of the offering entity, and returned with the offeror's response, along with this ENTIRE Terms and Conditions document and all other forms and information collection pages included with this IFB,

the offeror's response to the IFB,

the offeror's Notice of Award document, and

any additional terms, conditions, or instructions issued by the SFA.

Collectively, these documents represent the entire agreement between the parties.

Contract Time Period

The time period for purchases covered by a Contract resulting from an award under this IFB is stated in the Bid Certification. The SFA reserves the right to award the Contract to a vendor for a longer initial term period than the time period stated in the Bid Certification if it is determined to be in the best interest of the SFA. Unless otherwise indicated in these General Terms and Conditions, all pricing will be firm throughout the entire contract period.

Upon mutual written agreement of both parties, this Contract may be extended beyond the expiration of the contract time period in accordance with the General terms and Conditions document entitled "Extension Clause."

The transfer, assignment, or subcontracting of contracts is prohibited, and the offeror agrees not to sell, assign, transfer, convey, or subcontract any portion of this contract resulting from this IFB without the prior written consent of the SFA.

Addendum

In the event any changes to this IFB occur subsequent to the mailing or other delivery of the original IFB, the changes or corrections to this Bid request will be made by addendum, and any updated information contained in any addendum will prevail over the information contained in the original IFB or any previous addendum. Each addendum will be mailed to all entities that are known to have received a copy of this IFB. The SFA is the sole authority for the issuance of any addendum related to this IFB. Any communications from any person or entity other than the SFA regarding any matters related to this bid are invalid and will have no influence on this IFB.

Each addendum must be acknowledged on the acknowledgement form provided with the addendum. Any required acknowledgement form must be submitted along with the submission of any bid response.

Specifications

Catalog numbers, brand names, or manufacturer's product or reference numbers used in the item specifications are intended to be descriptive, not restrictive. These references, as well as

"approved brands" listed, are intended to identify and indicate the type of product being sought and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or product number references.

In most cases, bids on brands of equivalent nature and quality will be considered, provided they are regularly produced products from a reputable manufacturer. However, in some cases, the SFA may find it advantageous to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these cases, preferences will be given to the specific products identified as "approved brands" especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or products are identified, it is preferable for the offeror to propose the exact item specified, in addition to an alternate brand or model where desired.

All bids must identify the manufacturer, brand, portion size, etc. of the product being offered. "PreApproved Equal" Brands may be allowed where indicated. To offer "Pre-Approved Equal" items rather than any "approved brand" specified, the offeror must supply a complete description and sufficient data for the SFA to properly analyze the product being compared. Samples may be requested for items other than "approved brands". These "Pre-Approved Equal" brands must be approved by the SFA before the bid opening. The SFA reserves the right to reject any brand submitted if the SFA does not have sufficient information or time to conduct taste-testing in order to deem the product as a "Pre-approved Equal".

If the offeror fails to identify the manufacturer, brand, portion size, etc. for any item included in the bid, the SFA will assume the offeror is proposing the exact brand/product and portion size identified in the specification, and if awarded, the offeror will be required to furnish the exact brand names, portion sizes, etc. as specified. Substitutions will not be allowed.

The apparent silence of the specifications as to any detail or the apparent omission from any specification of a detailed description concerning any point shall be regarded as meaning that only the best communication practices shall prevail. All interpretations of the specifications shall be made on the basis of this statement.

*If you discover or suspect error in the item specifications in this IFB, please note it as part of your bid response.

General Specification Provisions:

Quantities

Quantities reflected in this IFB are estimates based on the combined projected needs for the SFA during the contract period. Quantities are the best estimate of anticipated needs available at the time of publication of this IFB, but the accuracy of this estimate of these quantities may be affected by numerous factors including but not limited to, budgetary adjustments, availability of Federal funds or other subsidies, changing market forces, or unintentional errors or omissions. Actual needs may be greater or less than the estimated quantities provided.

Packaging

Unless otherwise provided for in this IFB, all products supplied under any Contract resulting from this IFB must be packaged in containers that are new, appropriately designed for the products involved, and sturdy enough to protect the products involved in loading, transit, unloading, and storage. Any products supplied under Contract resulting from this IFB for which palletizing is appropriate must be delivered on standard 48" 4-way pallets in good, serviceable condition.

Pricing

All "Line Item" bids must be for a specific price for the unit of measure specified for that item. The offeror is responsible for clearly noting any differences in proposed packaging and/or units of measure in the bid response, and the offeror shall understand that if the item in question is awarded to the offeror, the quantity specified for that item will be adjusted to achieve an approximately equivalent amount of the product.

In cases where another price is requested for comparison purposes (e.g., "portion price" or "price per ounce"), such price is for comparison purposes only. Purchases will be made in the increments of the unit of measure specified. In the case of any discrepancy or error in comparison price calculations, the price for the unit of measure specified will prevail. Excessive errors in comparison price calculations will be sufficient grounds for rejection of the entire bid.

"Discount from Catalog" IFBs requires a single discount percentage to be applied to all items in the offeror's published catalog, which must be supplied with the bid response.

Allowable costs will be paid from the nonprofit school food service account to the offeror/contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA. The offeror/contractor agrees to fully disclose all discounts, rebates, allowances, and incentives received by the Company from its suppliers. If the offeror/contractor receives a discount, rebate, allowance, or incentive from any supplier, the offeror/contractor must disclose and return to the School District the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the Guilford County School District. All discounts, rebates, allowances, and incentives must be returned to the Guilford County School District during a mutually agreed upon timeframe that is beneficial to the School District.

"Cost Plus" bids will not be accepted unless otherwise requested in this IFB.

Proposed prices must be firm for acceptance for at least 90 days from the bid opening date, unless otherwise specified in this IFB or in the offeror's response.

If during the term of the Contract, a successful offeror'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 the SFA.

4. Delivery and Transportation

Unless otherwise noted in these General Terms and Conditions or the Purchase Order, or unless prior approval has been obtained from the SFA, all deliveries shall be made between the hours of 7:00 A.M. and 2 P.M. Monday through Friday, except holidays.

Unless otherwise noted in this IFB or in the Purchase Order, the offeror must deliver products awarded under this IFB within ten (10) working days after receipt of a Purchase Order. The vendor must immediately notify the SFA, by telephone and/or email if any delays occur. The SFA will have the option to cancel the order if unable to accept the delay. At the discretion of the SFA, items received after the due date, for which the SFA has not been notified regarding the delay, may be returned at the vendor's expense with no penalty to the SFA.

Repeated failure to meet delivery dates will constitute a breach of Contract by the vendor, and may result in the initiation of actions covered in this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract", and "Contract Termination" and the associated financial impacts attached thereto, as well as jeopardize any future business from the SFA.

All freight, delivery, and handling charges are the responsibility of the offeror, and all bid prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery, and handling charges, including unloading and inside deliveries where required.

Cartons must be marked with appropriate product identifying information as indicated on the Purchase Order. Each shipment must include a packing list and waybill or delivery ticket.

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. Unless otherwise specified in this IFB, product substitutions are not allowed, and the involvement of multiple distribution centers will not be construed as to alter the restrictions against product substitutions. In the event the vendor uses multiple distribution centers, the SFA will have ONE CONTACT PERSON for overall Contract management relative to any Contract resulting from any award under this IFB, and the SFA WILL NOT be required to deal with multiple Contacts for overall contract management.

When the needs of the SFA require immediate response, the right to pick up products awarded under this IFB on an "over the counter" basis must be available for the majority of the items awarded to a vendor. Under such circumstances, the SFA's personnel may pick up products at the vendor's warehouse location at the agreed-upon price with no minimum purchase required.

Except for items that have hidden defects or that do not meet specification, title to all products shall pass to the SFA upon receipt and acceptance at the time of delivery.

5. Quality

Unless otherwise indicated in the IFB, all items proposed must be new and in highest quality condition and must conform to the highest standards of manufacturing practice, including

containers suitable for shipment and storage. Unless otherwise requested, the SFA will not accept "factory seconds" or otherwise inferior goods, and reserves the right to return any such item(s) within (30) days of receipt at vendor's expense.

All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or U L Laboratories.

Material Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS must be provided to the SFA with the first shipment to the SFA at the beginning of the contract period. Promptly and at no additional costs, the offeror will provide additional Materials Safety Data Sheets to the SFA upon request. Providing a web site access location to MSDS information is an acceptable alternative.

6. Product Inspection, Testing, and Defective Items

All products supplied under this contract should arrive in the best possible condition and will be subject to inspection, testing, and approval by the SFA. Tests may be performed on any samples submitted as part of the bid or evaluation process, or on samples taken from any regular shipment. In the event any product tested fails to meet or exceed all requirements of the bid item specifications or the General Terms and Conditions of the IFB, the cost of the samples used and the cost of the testing shall be borne by the supplier, and upon notification to the vendor, the defective product(s) will be picked up and replaced by the vendor. Repeated incidents of delivery of products that fail to pass product inspection and/or testing by a vendor will warrant cancellation of the Contract in addition to the remedies outlined above. Furthermore, future business from the SFA could be jeopardized.

Products damaged in shipment will be considered as defective products and will be subject to the same remedies outlined above.

The failure of any consumable products (food items) to meet specifications or acceptable chemical or bacterial levels may result in cancellation of the contract in addition to the remedies outlined above.

Furthermore, future business from the SFA could be jeopardized. All products in the SFA's warehouse at the time of any such cancellation must be picked up and credit issued to the SFA. Latent defects discovered after delivery and acceptance of any products may result in revocation of the acceptance.

The SFA shall have access to any supplier's place of business during normal business hours for the purpose of inspecting merchandise.

7. Samples

If samples are needed for bid evaluation, they will be requested as part of the IFB or in a separate communication. Unless otherwise indicated in the request for the samples, the samples must be received by the requestor within 72 hours from the time of the request.

Samples may be paid for by the SFA. Samples must be labeled with the SFA Bid Name, Item Number, Product Identification number(s), and the name of the offering entity. Do not include samples with the bid response unless otherwise instructed in the IFB.

All samples will be retained by the SFA for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination of testing, samples will be returned to the offeror at the offeror's expense, but only upon written request submitted with the samples at the time the samples were submitted. However, notwithstanding the above samples from the successful offeror may be retained permanently by the SFA for the purpose of determining the quality of the delivered items are comparable to the samples. The SFA shall incur no liability for any samples that are damaged, destroyed or consumed during examination or testing.

Failure by any offeror to submit samples when requested will result in the items in question not being considered for award to that offeror.

8. Warranties

By submission of a bid, the offeror warrants that he/she is an authorized dealer, distributor, or manufacturer for the product(s) being offered, that all items proposed conform to the specifications for which the items are being offered, and that all items supplied under any contract related to this IFB will be free form all defects in material, and title.

A minimum of 90-days product guarantee or the manufacturer's standard commercial warranty, whichever is greater, shall apply to all products purchased under this IFB. This warranty shall provide for replacement of defective merchandise from the SFA location and delivery of the replacement(s) to the same location. The warranty shall be effective from the date of acceptance of the merchandise.

9. Buy American provision

SFAs participating in the National School Lunch and School Breakfast programs in the contiguous United States are required to purchase, to the maximum extent practicable, domestic products for use in meals served under the programs. Regulations define a "domestic product" as one that is produced in the United States and is processed in the United States, substantially using agricultural commodities that are produced in the United States. "Substantially" means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

10. Bid Evaluation and Award

All bids received in response to this IFB which are submitted in accordance with the instructions and restrictions contained in this General Terms and Conditions document entitled "Bid Preparation and Submission Procedures" will initially be considered for award; however, initial consideration of any bid will not constitute an assessment of its meeting the necessary qualifications, and any bid may be disqualified at any time during the process of evaluating bids for failure to meet any other terms or conditions contained anywhere else in the bid request.

The SFA reserves the right to waive any or all bid irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products offered, and may accept or reject any bids in their entirety, or may reject any part of any bid without affecting the remainder of that bid, and may award the individual items included in the bid in any combination or any way to best serve the interests of its members as it perceives those interests to be in its sole discretion.

It is not the policy of the SFA to purchase on the basis of low bid price alone. All bid items are subject to evaluation and approval by the SFA. In evaluating the bids received and determining the best value for the SFA, the SFA may consider any combination of the following criteria: (1) the purchase price; (2) the reputation of the vendor and of the vendor's goods and/or services; (3) the extent to which the goods and/or services meet the needs of the SFA; (4) the vendor's location, service, and delivery capabilities; (5) the vendor's past performance with the SFA; (6) student preferences; (7) the warranties offered and the vendor's warranty service history; (8) the probability of continuous availability of the goods and/or services offered; (9) the impact on the ability of the SFA to comply with any applicable laws or rules; (10) the total long-term cost to the SFA to acquire the vendor's goods and/or services; (11) packaging of the products and in some cases preference is given to a vendor who provides all the components relative to the complete package, and (12) any other relevant factor that a public or private entity could consider in selecting a vendor.

It is understood that the SFA may use all means at their collective disposal to evaluate the bids received on these criteria, and the final decision as to the best overall offer, both as to price and to suitability of the products and/of services offered to fit the needs of the SFA, will be made by the Child Nutrition Director, the SFA Purchasing Officer, the SFA Finance Officer and/or SFA designee.

Unless otherwise indicated in this IFB, "all or nothing" bids are not acceptable and will be rejected. The offeror must be willing to accept a partial award for any combination of the items and/or services proposed and must be willing to share the business with any other successful offerors.

The successful offeror(s) will be notified by "Notice(s) of Award" issued by the SFA.

The SFA reserves the right to require a performance bond as it is deemed necessary.

11. Substitutions

The SFA will not accept any substitutes after items(s) have been awarded as specified, unless such substitutions are deemed to be in the best interest of the SFA, and unless prior agreements have been reached and reduced to writing regarding such substitutions. Substituting without the prior approval of the SFA will constitute a breach of contract by the vendor which may result in the initiation of actions covered in this General terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination" and the associated financial impacts attached thereto, and may jeopardize any future business from the SFA.

12. Deviations from Item Specification or General Terms and Conditions

Any and all limitations, expectations, qualifications, special conditions, or deviations from these General Terms and Conditions or any of the item specifications, including the offering of any alternate to the "approved brand and/or model" (where identified) must be clearly noted in detail by the offeror at the time of submission of the bid. The absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted in writing with the offeror's response will hold the offeror accountable to the SFA to perform in strict accordance with all these General Terms and Conditions and all the item specifications as written, including any such limitations, exceptions, qualifications, special conditions, or deviations with the bid response may place the offeror at a competitive disadvantage or otherwise prevent the SFA from considering the affected items(s).

Any deviation from any of the item specifications, including the delivery of any product other than the specific brand of the product awarded, will be grounds for rejection of the product(s) when delivered, and will expose the vendor to the remedies identified in this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination" and may jeopardize future business from the SFA.

13. Contract and Purchase Order Requirements

A response to this IFB is an offer to contract with the SFA based upon the Item Specifications and the General Terms and Conditions contained in the IFB. Offers do not become Contacts unless and until they are both accepted by the SFA through an Award Notice to the offeror and put into effect by the issuance of a Purchase Order(s) signed by an authorized representative of the SFA.

This contract shall collectively include (1) the General Terms and Conditions and the Item

Specifications included in the IFB and any subsequent addenda thereto, (2) the offeror's signed

Bid Certification and any subsequent addenda thereto, (3) the offeror's entire response to the IFB, (4) the offeror's Notice of Award document, (5) and any additional terms, conditions, or instructions contained in each individual Purchase Order. All binding agreements should be submitted as part of the bid packet. The contract shall be interpreted by and governed under the laws of the State of North Carolina.

14. Invoices, Packing Lists, and Payment Conditions

Packing Lists or other suitable shipping documents must accompany each shipment and must identify (a) the name and address of the vendor, (b) the name and address or delivery location of the receiving entity, (c) the Purchase Order Number, and (d) detailed descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, number of containers, etc.

All Invoices must reflect (a) the name and address of the vendor, (b) the name and address or delivery location of the receiving entity, (c) the appropriate Purchase Order Number, and (d) detailed descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, etc., and must include a properly signed copy of the delivery receipt. Invoices must be mailed directly to the SFA.

The SFA will not be held responsible for any products delivered or invoiced without a valid current Purchase Order Number.

Notwithstanding the above, the payments stated on each individual Purchase Order will be the controlling factor in the determination of payment terms. Each Invoice should include the vendor's normal payment terms in the event that any Purchase Order fails to address the subject.

In any case, payment will be made only after satisfactory delivery and acceptance of merchandise in good order, including the necessary documentation indicated above, andonly after receipt of a correct Invoice form the vendor, including the necessary information indicated above.

At the option of the SFA, 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. At the option of the SFA, invoices may be corrected upon receipt and payment may be made based upon their corrections.

15. Records Retention Requirements

By signing this bid, the offeror understands that the SFA, the U.S. Department of Agriculture, the NC Department of Public Instruction, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract, for the purpose of audits, examinations, excerpts, and transcriptions.

Additionally, the offeror must provide all documents as necessary for the independent auditor to conduct the SFA's single audit. The SFA will contract to have the single audit conducted as a regular, direct expense to the SFA; Child Nutrition funds may not be used for this purpose.

The offeror must retain pertinent records identified by source, type, and category of beverages for a minimum of three years after the SFA makes final payments. In the event of any unresolved audit findings, the records shall be retained beyond the three (3) year period for as long as required for resolution of the issues raised by the audit.

16. Remedies for Non-Performance of Contract, and Termination of Contract

If the vendor cannot comply with the terms and conditions in fulfilling its Contract as anticipated, the vendor must supply the same products or services contracted from other sources at the contract price. The vendor's delay in the above will constitute the vendor's material breach of contract, whereupon the SFA may terminate the vendor's contract for cause as provided by the remainder of this section.

Unless this Contract is extended by mutual agreement of the parties beyond the expiration of the contract time period as stated on the Bid Certification, this Contract shall terminate upon the expiration of the contract term as stated on the Bid Certification.

If any delay or failure of performance is caused by a Force Majeure event as described in the General Terms and Conditions document entitled "Force Majeure," the SFA may, in its sole discretion, terminate this contract in whole or part, provided such termination follows the remaining requirements of this section.

Except as otherwise provided within the General Terms and Conditions of this document, this Contract may be terminated in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given 1) at least thirty (30) days written notice (delivered by certified mail, return receipt requested ) of intent to terminate, and 2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination.

Valid causes for termination of this Contract will include, but are not limited to:

the vendor's failure to adhere to any of the provisions of the General Terms and Conditions of this IFB,

the vendor delivering any product(s) that fail to meet the Item Specifications included in this IFB relating to the awarded product(s),

the vendor delivering any substitution(s) of product(s) different than those originally proposed and awarded without the prior written approval of the SFA.

the vendor's failure to meet the required delivery schedules as identified in the contract documents, or

the vendor's violation of any other provision contained within these General Terms and Conditions or any attachment thereto which provides for contract termination as a remedy.

Notwithstanding anything contained in this section, in the event of the vendor's breach of any provision in this contract, the SFA reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of its members, including, but not limited to, the purchase of other products of like type and quality from other sources in the open market. In the event the SFA elects to purchase other products from other sources, the SFA will invoice the vendor for any increased costs to the SFA, and the vendor agrees, by submission of a bid response, to promptly pay any such charges invoiced.

In the event the SFA terminates this Contract, in whole or in part, for any reason provided for within the contract, the SFA reserves the right to award the canceled Contract, or any portion thereof, to the next lowest or most responsible offeror as it deems such award to be in the best interest of the SFA.

Any Contract termination resulting from any cause other than a Force Majeure event will deemed valid reason for not considering any future bid from the defaulting vendor.

In the performance of this contract, time is of the essence and these General Terms and Conditions are of the essence.

17. Force Majeure Consideration

The term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the vendor's industry equally and are not actions taken solely against the vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.

The parties to this Contract will be required to use due caution and preventative measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the party seeking relief under this section. The party seeking relief due to Force Majeure will be required to promptly notify the other party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim.

Delay or failure of performance, by either party to this contract, caused solely by the Force Majeure event shall be executed for the period of delay caused solely by the Force Majeure event, provided the affected party has promptly notified the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure.

The SFA will not be responsible for any costs incurred by the vendor because of the Force Majeure event unless the SFA has requested, in writing, that the vendor incur such costs in connection with any delay or work stoppage caused by the Force Majeure event, and the SFA has agreed in writing to incur such additional costs.

Notwithstanding any other provision of this section, in the event the vendor's performance of its obligations under this contract is delayed or stopped by a Force Majeure event, the SFA shall have the option to terminate this contract in accordance with the General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination." Furthermore, this section shall not be interpreted as to limit or otherwise modify any of the SFA's rights as provided elsewhere in this contract.

18. Venue

This agreement will be construed and governed according to the laws of the State of North Carolina. Both parties agree that venue for any litigation arising from this contract shall lie in Guilford County, North Carolina.

19. Waiver

No claims or rights arising out of a breach of this Contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

20. Right to Assurance

Whenever one party to this contract in good faith has reason to question the other party's intent to perform the questioning party may demand that the other party give a written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

21. Extension Clause

This contract may be extended annually for up to four (4) additional years from the expiration of the Contract period, unless sooner terminated in accordance with the provisions of this Contract, if the vendor and the SFA mutually agree, and no increases in costs are incurred, and the maximum allowable escalation price is capped by the annual national Consumer Price Index, Cost of Food Away from Home, increase.

22. Regulatory Compliance

The offeror and SFA mutually agree to comply with all applicable standards, orders or requirements issued pursuant to Section 306 of the Clean Air Act (42 USC 1857 [h]), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 117389 and Environmental Protection Agency regulations (40 CFR Part 15). Any violations thereof shall be reported to the Administrator for Enforcement or other appropriate authority. Each party shall not be responsible to the other for acts beyond its control or acts caused by the negligence of the other party.

The offeror agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 - 163).

The offeror shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60.

The offeror shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-6, "Civil Rights Compliance and Enforcement in School Nutrition Programs".

The offeror shall comply with the "Buy American" provision for Contracts that involve the purchase of food and/or beverages as per 7 CFR Part 250.

The offeror shall comply with the provisions of the Consumer Product Safety Act.

The offeror shall complete and sign the Certification of Independent Price Determination form; Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form; and Disclosure Form to Report Lobbying and shall include these documents as part of the Agreement. (See Attachments)

The offeror shall abide by all applicable State and Federal laws and policies of the State Board of Education when providing services under this Contract.

Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA.

23. Assurance of Non-Collusion

By signing this bid, the offeror assures that, to the best of his/her knowledge:

Neither the offeror nor any business entity represented by the offeror has received compensation for participation in the preparation of the item's specifications or the General Terms and Conditions related to this IFB,

This bid has been arrived at independently and is submitted without collusion with any other offeror, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any offeror an unfair advantage over any other offeror with respect to this RRP.

The offeror has not accepted, offered, conferred or agreed to confer, and will not in the future accept, offer confer, or agree to confer any benefit or anything of value to any person or entity related to the SFA or any of its members in connection with any information or submission related to this bid, any recommendations, decision, vote or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or served related to this bid,

Neither the offeror, nor any business entity represented by the bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of the state of North Carolina with regard to this bid, and this bid has not been knowingly disclosed, and will not be knowingly disclosed to another offeror, competitor, or potential competitor prior to the opening of bids.

No attempt has been or will be made to induce any other person or entity to submit or to not submit a bid.

24. Assurances regarding Legal and Ethical Matters

By signing this bid, the offeror assures that:

he/she has read and understands all the General Terms and Conditions in this document and agrees to be bound by them, and is authorized to submit bids on behalf of the offering entity,

the offeror has noted any and all relationships that might be conflicts of interest and included such information with his/her bid response,

the bid submitted conforms with all item specification, these General Terms and Conditions, and any other instructions, requirements, or schedules outlined or included in this IFB,

if this bid is accepted, in whole or in part, the offering entity will furnish any item(s) awarded to them under this IFB to the SFA at the proposed price and in accordance with the item specifications and the terms and conditions contained in this IFB,

the offering entity has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with this bid,

the offering entity has a high degree of integrity and business ethics, and a satisfactory record of performances, and has not been notified by any local, state or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from participating in this bid, it would in no other way whatsoever be disqualified to propose or receive any award or contract related to this bid, and the offeror will comply with any reasonable request from the SFA to supply any information sufficient to substantiate the proposing entity's ability to meet these minimum standards,

concerning paragraph (6) above, the offering entity has identified and disclosed in this written bid any and all known suspected matters that would disqualify it from participating in this bid or receiving any award or contract related to this bid, recognizing that the offer's failure to identify and disclose any such matters constitutes its affirmation that no such matters exist, and that failure to disclose in this bid any such matters which do exist is a material breach of contract which would void the submitted bid or any resulting contracts, and subject the offeror to removal from all procurement lists and possible criminal prosecution

the offering entity has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals or licensed necessary for lawful performance of its obligations under this contract,

the prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality and/or performance of the products offered in the bid are and will remain the same or better than those offered to the vendor's most favored customer under equivalent circumstances,

the offering entity will comply with all laws relating to intellectual property, will not infringe on any third party's intellectual property rights, and will indemnify, defend and hold the SFA and its members harmless against any claims for infringement of any copyrights, patents, or other infringements related to its activities under this contract,

the offering entity will maintain, at the offering entity's expense, any insurance necessary to protect the SFA and its members from all claims for bodily injury, death, or property damage that might arise from the performance by the offering entity or the offering entity's employees or its agents or any service required of the offering entity under this contract; however, the existence of such insurance will not relieve the offering entity of full responsibility and liability for damages, injury, death or loss as described or as otherwise provided for by law

neither the SFA nor any of its members shall be liable to the offering entity for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) in the event that the SFA declares the offering entity in default,

he/she understands that by signing the bid with any false statement is a material breach of the contract which will void the submitted bid or any resulting contract(s), and subject the bidder to removal from all procurement lists, and possible criminal prosecution,

Offerors must comply with the State of North Carolina Conflict of Interest requirement as defined in General Statutes, Chapter 14-234.

25. Bid Acceptance

The period for acceptance of this bid will be thirty (30) calendar days unless a different period is indicated by the offeror.

USDA Nondiscrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: .

USDA is an equal opportunity provider, employer, and lender.

Guilford County Services

IFB # 7126-27

Frozen Dairy and Freezers 2026-2027

Make sure to include the following attachments with your bid:

Attachment A: Sample Labels, Nutritional and Product Ingredients Information for each Item

Attachment B: HACCP Summary

Attachment C: Distributor Recall Policy/Procedures

Attachment D: Evidence of required property, liability and worker's compensation insurance.

Attachment I: HUB Certification

Attachment II: Lunsford Act Compliance

Attachment III: Certification for Contracts, Grants, Loans, Lobbying and Cooperative

Agreements

Attachment IV: Certificate Regarding Debarment

ATTACHMENT A

BRAND AND GRADE LABELS IDENTIFICATION -

Provide sample labels

Provide Nutritional and Product Ingredients Information for each Item

Attachment B

HACCP SUMMARY

Provide a current HACCP (Hazard Analysis Critical Control Point) summary describing company food safety practices.

ATTACHMENT C

Distributor's Food Recall Policy/Procedures

The U.S. food service industry is the safest in the world, but issues surface from time - to - time requiring fast and effective communication to recall a product that has been deemed unsafe.

Provide a summary, or attach a document, explaining your company policy on addressing Food -Recalls.

ATTACHMENT D

EVIDENCE OF INSURANCE

Attach copy, or evidence, of required Property, Liability and Worker's Compensation Insurance.

ATTACHMENT I

HUB CERTIFICATION

Historically Underutilized Business (HUB) Certification

Companies submitting Bids that have been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB)

Entities are encouraged to indicate their HUB status when responding to this IFB.

Mark YES or No with an "X" as applicable and sign below.

Yes, I certify that my company has been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB), and I have attached a copy of our HUB certification to this form. Required documentation for recognition as a HUB:

Check all that apply:

Minority

Small Business

Women Owned

No, I certify that my company does not qualify for HUB status.

ATTACHMENT II

NC LUNSFORD ACT N.C. General Statute 14-208.18

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, among other things, 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.

CRIMINAL BACKGROUND CHECKS:

The Distributor shall conduct or have conducted within the previous twelve (12) months, a criminal background check (which includes a check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry) (collectively, "listed registries") on each of its employees or agents who, pursuant to this Agreement, engage in any services on the premises of a school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children's museums, child care centers, nurseries, and playgrounds, prior to any such employee or agent engaging in such services.

Distributor shall conduct such criminal background checks no less than once every twelve (12) months thereafter.

Distributor shall maintain a log of the date and results of all such criminal background checks and subsequent criminal background checks for those assigned employees and agents.

Within 5 days of a request from the school district, Distributor shall provide to the school district the log and results required by subsection b above.

Distributor shall not assign any employee or agent to, pursuant to this Agreement, provide services on the premises of a school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children's museums, child care centers, nurseries, and playgrounds if said worker:

appears on any of the listed registries;

has been convicted of any crime, whether misdemeanor or felony, involving a minor;

has been convicted of any felony involving sex, violence, or drugs; or

has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of students or school personnel.

Each North Carolina school district reserves the right to prohibit any individual employee or agent of Distributor from providing services on school district property or at any school district events if the school district(s) determines, in its sole discretion, that such employee or agent poses a threat to the safety or well-being of students, school personnel or others.

Signed:

Authorized Signature Printed Name Title

Name of Company City, State, Zip Code

Telephone E-Mail Date

ATTACHMENT III

Certification of Contracts, Grants, Loans, Cooperative LOBBYING AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

ATTACHMENT IV

Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

(d) have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or Local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

Instructions for Certification

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out in this document in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this bid is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," "primary" covered transaction," "principal," "bid," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this bid is submitted for assistance in obtaining copy of the regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it

knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-Procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may purs