RFP for Fresh Milk Products

Alamance Burlington Schools

School Nutrition Services

1712 Vaughn Rd, Burlington NC 27217

Tel: (336) 570-6080

Fax: (336) 570-6680

REQUEST FOR PROPOSALS

FOR

Fresh Milk Products

Issued on: May 4, 2026

Due Date: Monday May 18, 2026 at 10:00 am

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 How to File a Program Discrimination Complaint 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: program.intake@usda.gov.

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

Alamance Burlington Schools

School Nutrition Services

Request for Proposals

Items for Proposal: Fresh Milk Products

Type of Contract: Annual with Option to extend contract for a maximum of

four (4) additional years, one (1) year increments)

Contract Period: August 15th, 2026 – August 14th, 2027

Deadline for submitting questions:

Date: May 12th, 2026

Time: 10:00 A.M.

Contact: Lori Snow

lori_snow@abss.k12.nc.us

RFP Due: Monday May 18, 2026

10:00 A.M.

Submit Proposals to: lori_snow@abss.k12.nc.us

If you do not plan to submit a proposal, please complete the NO BID RESPONSE attachment and email it to lori_snow@abss.k12.nc.us .

Alamance Burlington Schools reserves the right to reject any or all proposals and to waive any irregularities or technicalities.

School Nutrition Services

Spencer Brown, Executive Director

1712 Vaughn Rd

Burlington NC 27217

Tel: (336) 438-4000 ext. 20061 Fax: (336) 570-6680

REQUEST FOR PROPOSALS

Proposals will be received electronically by the Alamance Burlington Schools School Nutrition Services, hereby referred to as the SFA, until 10:00 AM on Monday May 18th, 2026. There will not be a public opening. Proposals submitted via facsimile (FAX) machine in response to the Request for Proposals will not be accepted.

FRESH MILK PRODUCTS: Proposals are requested for furnishing and delivering fresh milk daily to the School District’s School Nutrition Program. Fresh milk will be delivered to (33) schools in Alamance County beginning August 15, 2026 and continuing through August 14, 2027. During June, July & August, milk deliveries will still need to be made to some schools for the Summer Feeding Program. (A list of schools is included in the RFP) All products must comply with Nutritional Standards for all Foods Sold in Schools as required by the Healthy Hunger-Free Kids Act of 2010 and additional specifications outlined in this document.

The initial contract term will be from August 15, 2026 through August 14, 2027.

Proposals will be received electronically. Proposals are to be emailed to Lori Snow, lori_snow@abss.k12.nc.us with “Fresh Milk Products RFP” in the subject line.

The contract will be between the offeror and the SFA. The offeror shall provide assurances that all operations addressed in the RFP will be conducted in a manner that is consistent with the goals of the SFA’s School Nutrition Program.

A competitive proposal process will be used to procure services from the offeror. All procurement transactions shall be conducted in a manner that provides maximum free and open competition consistent with Federal regulations as defined in 7 CFR 3016.

Any proposal received after the exact time specified will not be considered. No other form of proposal will be accepted, including proposals submitted by fax. All proposals are confidential and will not become public knowledge until opened. All proposals will remain sealed until after the submission deadline. The School Nutrition Services Office will thoroughly review all proposals received. Proposal prices cannot be changed after the submission deadline. The SFA will not be responsible for proposals or related correspondence that are not delivered by the deadline. The date/time of the email received record of the SFA will indicate the official time of receipt.

AWARD METHOD:

It is not the policy of School Nutrition Services to purchase on the basis of low proposal price alone. All proposal items are subject to evaluation and approval by School Nutrition Services and Alamance Burlington Schools Board of Education. In evaluating the proposals received and determining the best value for SNS, the SNS may consider any combination of the following criteria: (1) the purchase price (2) the vendor’s location, service, and delivery capabilities; (3) the vendor’s past performance with the SFA (4) quality of product(s) and/or service(s) (5) successful bid completion.

School Nutrition Services reserves the right to waive any irregularities and to award and/or reject any or all proposals.

PRODUCT SPECIFICATIONS:

1. Specifications of items for proposal are listed on the enclosed Proposal Price Sheet and are to be considered a part of this Proposal Schedule and Contract.

2. The Vendor shall provide documentation of Vendor Brand Labels being proposed.

3. Vendor must include with the proposal product specifications and nutrition information.

4. Failure to submit required documentation may be grounds for disqualification of the proposal. Consideration of award shall be based on the information submitted by the Vendor as shown on the attached Proposal Price Sheet.

SPECIAL CONDITIONS:

The SFA retains the right to Special Condition(s). Any Special Condition shall be titled as such and included in the RFP. Any Special Conditions established by the SFA as part of this Proposal and the Vendor’s response to the Special Condition(s), shall become part of the Contract when awarded.

PRODUCT PRICING:

A. 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 price. However, bid items for which North Carolina Sales Tax will be charged should be noted if applicable.

B. All milk bid prices shall be firm until (30) thirty days after the start of the bid period, after which prices for milk can increase or decrease in accord with changes in Class 1 raw milk prices based on monthly Federal Milk Order Announcements for the applicable geographic zone. Prices for milk delivered can be increased or decreased at the rate of $.001 per half pint for each full $.015 increase/decrease in raw milk per hundred weight.

C. The vendor should base their price on May 2026 milk market order. Monthly price changes are made based on comparison back to original market order, which was the base of the bid. The increase/decrease is added to the original bid.

D. Price changes must be submitted three (3) days prior to the end of the month to be effective the 1st day of the following month.

E. The vendor should return all discounts, credits and rebates for the items purchased by the district to the district.

The SFA will award one contract for milk services based on what best fits the needs of the district.

NUTRITIONAL INFORMATION:

Each bidder shall submit with the proposal, nutritional information about their product. Such information must include grams of protein, grams of fat, grams of saturated fat, grams of trans fat, grams of carbohydrates, grams of sugars, number of calories and milligrams of sodium for an individual unit for each proposed product.

QUANTITIES:

Quantities reflected in this Proposal are estimates based on projected needs during the contract period. The accuracy of this estimate may be affected by numerous factors including but not limited to budgetary adjustments, product pricing, changing market forces, or unintentional errors or omissions. Actual needs may be greater or less than the estimated quantities provided.

The SFA’s Product Usage Estimate is a guide to potential product usage, but under no circumstances guarantees product usage.

ORDERS:

The orders will be submitted to the Vendor awarded the Contract by the SFA on a schedule and by a method that is mutually agreeable to both parties. The SFA prefers the shortest lead time possible in order to minimize inventory levels at schools. Orders may be transmitted electronically or by fax as mutually agreed upon by the Vendor awarded the Contract and the SFA.

DELIVERY SCHEDULE AND STANDARDS:

First delivery for this proposal period will be on August 15, 2026 for all schools and daily thereafter through August 14, 2027.

DAILY deliveries are REQUIRED to ALL school sites between the hours of 6:00 a.m. and 1:00 p.m Monday – Friday, except for holidays. Any exceptions must be approved by the School District School Nutrition Director or designee. A list of schools and addresses is attached to this Request for Proposals. NO SALESMEN WILL CALL ON OR TELEPHONE THE SCHOOLS.

Delivery Cost - ALL delivery costs are to be included in the per item proposal price.

Special Condition Requirements are included in the proposal. Please review carefully, sign and send back with the other required documents.

PRODUCT SUBSTITUTIONS:

NO substitutions for any item shall be made without the written consent of the Alamance Burlington Schools School Nutrition Services Office. Items must be shipped as specified on the proposal sheet and as scheduled on the order forms in order to be approved for payment. The School Nutrition Office shall be notified in writing in advance, but no later than ten (10) business days of any deficiency causing a delay in delivery of the order including but not limited to shipping problems or delayed merchandise. Any such deficiencies shall be considered grounds for termination of the proposal.

SAMPLES:

Samples will not be accepted prior to the proposal opening. Samples may be required after proposals are opened and before an award is made. If required, product samples shall be delivered to the School Nutrition Services Office at no cost to School Nutrition Services.

AWARD NOTIFICATION

The successful bidder will be furnished with an award letter and copy of the complete proposal package submitted after the final approval by Alamance Burlington Schools Board of Education.

BILLING:

ALL invoices must be in duplicate. One copy will be left with the cafeteria managers. Statements for the CALENDAR MONTH will be mailed PRIOR to the 5th day of the following month directly to THE ALAMANCE BURLINGTON SCHOOLS SCHOOL NUTRITION SERVICES OFFICE, 1712 Vaughn Rd Burlington NC 27217.

Payments will be made for accurate invoices by the School Nutrition Services Office MONTHLY.

PROMOTIONAL/SERVICE ITEMS:

The vendor shall, upon request, provide point of sale material to be used in the promotion of the product. Alamance Burlington Schools School Nutrition Services assumes no responsibility for such promotional items other than their return at the end of the contract period. Lost or damaged materials shall not be the responsibility of Alamance Burlington Schools School Nutrition.

ADVERTISING:

The vendor agrees not to use the results of this proposal nor resulting business resulting from the award of this proposal as a part of any commercial advertising, either oral or written, without the prior written approval of the Executive Director of School Nutrition Services, Alamance Burlington Schools.

CONTRACT CANCELLATION/EXTENSION:

Either party, without cause, upon 30 day written notice, may cancel this contract. In the event of contractor violation of any requirement of this contract, Alamance Burlington Schools School Nutrition Services may cancel this agreement without notice by phone.

RENEWAL OF PROPOSAL

Alamance Burlington Schools reserves the right to renew the contract for a period not to exceed four (4) additional terms of one (1) year (Aug 15 – Aug 14) each based on mutual agreement with vendor in accordance with the Extension Clause defined in the Standard Terms and Conditions accompanying this RFP.

INSURANCE:

Each vendor shall include with their proposal proof of insurance coverage for both product liability and personal or property damage caused by their employees. Such insurance coverage must include, but not necessarily limited to, automobile coverage, commercial general liability, and worker’s compensation.

SUBCONTRACTING:

Subcontracting will not be permitted for any reason.

REQUEST FOR CLARIFICATION:

The SFA will not be bound by or be responsible for any interpretations or conclusions drawn from this RFP.

Any questions regarding this proposal should be submitted in writing to the attention of Lori Snow, School Nutrition Procurement Specialist, lori_snow@abss.k12.nc.us on or before May 12, 2026.

Any questions the SFA feels are pertinent to all interested vendors, the SFA will email the question and answer to all vendors as clarifications or addenda to the RFP. Any information given verbally by any ABSS employee shall not be considered binding. In no event may a contractor rely on any oral statement or communication by the ABSS or its agents, advisors or consultants.

CONFLICT OF INTEREST:

All vendors must disclose in writing with their proposal the name of any employee of ABSS who owns, directly or indirectly, an interest of five percent (5%) or more in the vendor’s firm or any of its branches or subsidiaries. By submitting a PROPOSAL, the vendor certifies that there is no relationship between the vendor and any person or entity which is or gives the appearance of a conflict of interest related to this RFP or project.

REQUEST FOR PROPOSALS

FOR ALAMANCE BURLINGTON SCHOOLS

NONPROFIT SCHOOL NUTRITION PROGRAM

STANDARD TERMS AND CONDITIONS

A. Scope and Purpose

It is the intent of the SFA to contract with an interested party or parties for furnishing and delivering “Fresh Milk Products” as needed for the Alamance Burlington Schools nonprofit School Nutrition Program.

The section titles contained in this Standard 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:

a) this Standard Terms and Conditions document, including any attachments and

or amendments thereto,

b) the Item Specifications included in the RFP and any subsequent addenda thereto,

c) the contractor’s signed Proposal Certification, which must be completed, signed by an

authorized representative of the offering entity, and returned with the contractor’s

response, along with this ENTIRE Terms and Conditions document and all other

forms and information collection pages included with this RFP,

d) the contractor’s response to the RFP,

e) the contractor’s Notice of Award document, and

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

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

B. Contract Time Period

The time period for services covered by a Contract resulting from an award under this RFP is stated in the Proposal 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 Proposal Certification if it is determined to be in the best interest of the SFA. Unless otherwise indicated in these Standard 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 Standard Terms and Conditions document entitled “Extension Clause.”

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

C. Addenda

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

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 proposal response.

D. Product 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 model number references.

In most cases, proposals 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 models are identified, it is preferable for the contractor to propose the exact item specified, in addition to an alternate brand or model where desired.

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

E. 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

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” RFPs 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.

“Cost Plus” bids will not be accepted unless otherwise requested in this RFP.

Proposed prices must be firm for acceptance for at least 90 days from the bid opening date, unless otherwise specified in this RFP 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 RFP are reduced below the contracted price, it is understood and agreed that the benefits of such price reduction shall be extended to the SFA.

F. Delivery and Transportation

Unless otherwise noted in the Request for Proposals Special Condition section or the Purchase Order, or unless prior approval has been obtained from the SFA, all services shall be performed between the hours of 6:00 A.M. and 1:00 P.M. Monday through Friday, except holidays.

Repeated failure to comply with the service schedule will constitute a breach of Contract by the vendor, and may result in the initiation of actions covered in this Standard 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.

G. Warranties

By submission of a proposal, the contractor warrants that he/she authorizes that all services proposed conform to the specifications for which they are being offered, and that all services supplied under any contract related to this RFP will be free from all defects in material, workmanship, 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 RFP. 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.

H. Insurance Requirements

Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the

terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the contract. Contractor shall submit prior to award of contract Certificates of Insurance for their Worker’s Compensation and General Liability Insurance which outlines comprehensive, liability, and bodily injury coverage for each accident and person.

Alamance Burlington Schools must be endorsed as an Additional Insured on the commercial general liability policy.

Insurance Coverage: During the term of the contract, the Contractor at their sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. At a minimum, the Contractor shall provide and maintain the following coverage and limits:

A. Workman’s Compensation Statutory

Employers Liability $500,000

B. General Liability (per person/per occurrence):

1.	Bodily and Personal Liability	$1,000,000/$2,000,000
2.	Property Damage	$1,000,000/$2,000,000 Aggregate

C. Automobile Liability (per person/per occurrence)

1.	Bodily Injury	$1,000,000
2.	Property Damage:	$1,000,000 Aggregate

Certificates of Insurance shall be filed with the Owner. During the term of the contract, the Contractor shall provide updated records whenever any of these coverages become outdated.

The certificate holder shall be named Attn: School Nutrition Services, Alamance Burlington Schools, 1712 Vaughn Rd, Burlington NC 27217.

I. General Indemnity

The Contractor shall save and hold harmless, pay on behalf of, protect, defend, and indemnify the SFA and the affiliated local education agency (including the Superintendent, the Board of Education, as well as its officers, agents, and employees) from and against any demand, claim, suit, loss, expense, or damage which may be asserted against any of them in their official or individual capacities by reason of any alleged damage to property, or injury to, or death of any person arising out of, or in any way related to, any action or inaction of the Contractor (including its officers, agents, and employees) in the performance or intended performance of this agreement, or the maintenance of any facility, or the operation of any program, which is the subject of, or is related to the performance of this agreement. The obligations of the Contractor pursuant to this paragraph shall not be limited in any way by any limitation in the amount or type of proceeds, damages, compensation, or benefits payable under any policy of insurance or self-insurance maintained by or for the use and benefit of the Contractor.

J. Proposal Evaluation and Award

The SFA reserves the right to waive any or all proposal 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 proposals in its entirety, or may reject any part of any proposal without affecting the remainder of that proposal, and may award the individual items on this proposal 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 proposal price alone. All proposal items are subject to evaluation and approval by the SFA. In evaluating the proposals 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 extent to which the goods and/or services meet the needs of the SFA; (3) the vendor’s level of prior experience and reputation performing the specified services; (4) the vendor’s past performance with the SFA; (5) the warranties offered and the vendor’s warranty service history; (6) the vendor’s location, service, and delivery capabilities; (7) the probability of continuous availability of the goods and/or services offered; (8) the impact on the ability of the SFA to comply with any applicable laws or rules; (9) the total long -term cost to the SFA to acquire the vendor’s goods and/or services; (10) packaging or the products and in some cases preference is given to a vendor who provides all the components relative to the complete package, and (11) 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 proposals 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/or services offered to fit the needs of the SFA, will be made by the School Nutrition Director, the SFA Purchasing Officer, the SFA Finance Officer and/or SFA designee.

The successful contractor(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.

K. Regulatory Compliance

1. The contractor 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.

2. The contractor 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).

3. The contractor 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.

4. The contractor 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”.

5. The contractor shall comply with the “Buy American” provision for Contracts that

involve the purchase of food and/or beverages as per 7 CFR Part 250.

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

7. The contractor 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)

8. The contractor shall abide by all applicable State and Federal laws and policies of the

State Board of Education when providing services under this Contract.

L. Withdrawal or Modification of Proposal

Subject to the restrictions discussed below, the SFA will consider a WRITTEN request from any contractor that the proposal be allowed to be withdrawn, but ONLY IN ITS ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR PROPOSAL SUBMISSION as stated in the Proposal Certification included with this RFP. A representative of the offering entity who is authorized to enter into contracts on behalf of the offering entity must manually sign any request for the withdrawal of any bid/proposal in ink, and the person signing the request must indicate his/her title along with his/her signature. No proposal may be withdrawn after the date and time that proposals are due as specified in the Proposal Certification. Only proposals that have been submitted consistent with the instructions relating to packaging and labeling of the proposal will be considered for withdrawal.

If there is any question in the mind of the SFA regarding the identity of the proposal or the identity of the offer relation to any request for the withdrawal of any proposal, the SFA will refuse to allow the withdrawal of the proposal. Withdrawal of any proposal allowed by the SFA will require the completion and signature of a written receipt by the contractor’s representative satisfactory to the SFA before the proposal will be released. The decision of the SFA in relation to any matters concerning proposal withdrawal will be final.

If a contractor requests to withdraw a proposal and the SFA allows the withdrawal of the proposal, the contractor may resubmit the proposal, or submit a new proposal, up until the due date and time for proposal submission as stated in the Proposal Certification included with this RFP, provided any new submission meets all the qualifications of proposal submission included in these Standard Terms and Conditions.

If a contractor resubmits a proposal that was withdrawn and makes changes to any document in the proposal package, an authorized agent of the offering entity must initial all alterations made to any proposal document.

All proposals in possession of the SFA at the time bids are due shall be deemed final, conclusive, and irrevocable, and no proposal shall be subject to withdrawal, amendment, or correction after the due date and time for proposal submission as stated in the Proposal Certification included with this RFP.

M. 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 Standard 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.

N. Deviations from Item Specification or Standard Terms and Conditions

Any and all limitations, expectations, qualifications, special conditions, or deviations from these Standard 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 contractor at the time of submission of the proposal. The absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted in writing with the contractor’s response will hold the contractor accountable to the SFA to perform in strict accordance with all these Standard Terms and Conditions and all the item specifications as written, including any such limitations, exceptions, qualifications, special conditions, or deviations with the proposal response may place the contractor 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 and model 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 Standard Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination” and may jeopardize future business from the SFA.

O. Contract and Purchase Order Requirements

A response to the RFP is an offer to contract with the SFA based upon the Item Specifications and the Standard Terms and Conditions contained in the RFP. Offers do not become contracts unless and until they are both accepted by the SFA through an Award Notice to the contractor 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 Standard Terms and Conditions and the Item Specifications included in the RFP and any subsequent addenda thereto, (2) the contractor’s signed Proposal Certification and any subsequent addenda thereto, (3) the contractor’s entire response to the RFP, (4) the contractor’s Notice of Award document, (5) and any additional terms, conditions, or instructions contained in each individual Purchase Order. All the binding agreements should be submitted as part of the proposal packet. The contract shall be interpreted by and governed under the laws of the State of North Carolina.

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.

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 services have been satisfactorily completed and equipment is left 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.

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.

P. 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 Proposal Certification, this Contract shall terminate upon the expiration of the contract term as stated on the Proposal Certification.

If any delay or failure of performance is caused by a Force Majeure event as described in the Standard 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 for within the Standard 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:

a) the vendor’s failure to adhere to any of the provisions of the Standard Terms and Conditions of this RFP,

b) the vendor delivering any product(s)/services(s) that fail to meet the Item Specifications included in this RFP relating to the awarded product(s)/service(s)

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

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

e) the vendor’s violation of any other provision contained within these Standard 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/services from other sources, the SFA will invoice the vendor for any increased costs to the SFA, and the vendor agrees, by submission of a proposal 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 contractor 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 be 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 Standard Terms and Conditions are of the essence.

Q. 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.

...