| Location: | North Carolina |
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| Posted: | Mar 9, 2026 |
| Due: | Apr 13, 2026 |
| Agency: | State Government of North Carolina |
| Type of Government: | State & Local |
| Category: |
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| Solicitation No: | 200-200-ICECREAM-2026-2027 |
| Publication URL: | To access bid details, please log in. |
| Solicitation Number: | 200-200-ICECREAM-2026-2027 |
| Project Title: | Ice Cream IFB/Contract 2026-2027 |
| Description: | Johnston County Public Schools’ School Nutrition Program and the school district is seeking to contract the purchase and delivery of ice cream for the new school year 2026-2027. |
| Opening Date: | 4/13/2026 10:00 AM |
| Posted Date: | 3/9/2026 |
| Status: | Open |
| Department: | JOHNSTON COUNTY BOARD OF EDUCATION |
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Solicitation Number
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200-200-ICECREAM-2026-2027
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Department
JOHNSTON COUNTY BOARD OF EDUCATION
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Status Reason
Open
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Opening Date
2026-04-13T10:00:00.0000000
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Posted Date
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2026-03-09T03:14:52.0000000Z
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Primary Commodity Code
Confectionary products
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Mandatory Conference/Site Visit
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Special Instructions
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Solicitation Type
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Select RFP IFB RFI
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Owner
Cynthia Rivera
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Description
Johnston County Public Schools’ School Nutrition Program and the school district is seeking to contract the purchase and delivery of ice cream for the new school year 2026-2027.
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To whom it may concern,
Enclosed is an Invitation for Bid (IFB) for the purchase and delivery of ice cream. Johnston County Public Schools'
School Nutrition Program and the school district is seeking to contract the purchase and delivery of ice cream for the new
school year 2026-2027. All proposals must be received at the Johnston County Public Schools School Nutrition office
located at 601-C West Market Street in Smithfield by April 13, 2026 at 10:00am. Proposals may be mailed in as
instructed on page 3 of the document. FAX proposals will not be accepted. Johnston County Public Schools reserves the
right to reject any and all proposals.
Delivery of products shall occur at least once every 2 weeks during operating school months. Delivery must take place
between 7:30 AM and 2:30 PM. Two copies of the invoice are to be signed by the School Nutrition Manager or her/his
designee for delivery of products. Any invoice not signed by the designee will not be eligible for payment.
By signing the document enclosed, the vendor certifies that this bid is made without prior understanding, agreement, or
connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment, and
is in all respects fair and without collusion or fraud. The vendor certifies that the collusive proposal is a violation of
Federal law and can result in fines, prison sentences, and civil damage awards. Form AD-1048 (1/92) must be signed and
returned with the bid documents.
Should you have any questions, please contact Amanda Jackson via email at amandajackson@johnston.k12.nc.us by
March 27, 2026. Answers to questions and inquiries will be issued via addendum on April 2, 2026. Thank you for your
interest in Johnston County Public Schools.
Sincerely,
Jennifer Lawson
Executive Director of School Nutrition
| In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited |
|---|
| from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.Program |
| information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain |
| program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that |
| administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) |
| 877-8339.To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form |
| which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or |
| by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the |
| alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil |
| rights violation. The completed AD-3027 form or letter must be submitted to USDA by: |
| 1. mail: |
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| U.S. Department of Agriculture |
| Office of the Assistant Secretary for Civil Rights |
| 1400 Independence Avenue, SW |
| Washington, D.C. 20250-9410; or |
| 2. fax: |
| (833) 256-1665 or (202) 690-7442; or |
| 3. email: |
| Program.Intake@usda.gov |
JOHNSTON COUNTY PUBLIC SCHOOLS
601-C West Market Street
Smithfield, North Carolina 27577
ICE CREAM IFB/CONTRACT
IFB#: 200-ICECREAM-2026-2027
Contract Period: July 1, 2026 - June 31, 2027
USDA NON-DISCRIMINATION STATEMENT
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited
from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.Program
information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain
program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that
administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)
877-8339.To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form
which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or
by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil
rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
1. mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or
2. fax:
(833) 256-1665 or (202) 690-7442; or
3. email:
Program.Intake@usda.gov
This institution is an equal opportunity provider.
| MAILING INSTRUCTIONS: |
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| Mail only one fully executed bid document signed with BLUE ink and one copy of the bid (2 total), in a single envelope. |
| Bid MUST BE SEALED. Address envelope and mark "Bid No. 200-ICECREAM-2024-2025 as shown below: It is the |
| responsibility of the bidder to have the bid in this office by the specified time and date of opening. |
| Bidders or their authorized representatives are expected to fully inform themselves as to the terms, conditions, |
|---|
| requirements, and specifications of this IFB before submitting bids. Failure to do so will be at the bidder's own risk. |
| The law makes no allowance for errors or omission or commission on the part of the bidders; furthermore, the bidder |
| cannot secure relief on the plea of error or ignorance concerning any requirement included in the IFB. |
| Vendors who do not wish to respond to this IFB, but want to remain on our list for future opportunities in this product |
| category, should complete, sign, and return the signature sheet entitled "Bid Certification" with "NO BID" indicated on |
| the face of the form. Failure to adhere to this procedure may result in removal of the bidder's name from our bidder |
| list. |
| Bidders are welcome to attend the bid opening at the date and time indicated in the Bid Certification, but bidder presence |
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| is not required, and no weight or other consideration toward any award decision will be given to any bidder's attendance |
| or absence at the bid opening. Recaps of the details of the bids received will be available to any interested party upon |
| WRITTEN request. The form and content of the bid recaps will be at the sole discretion of JCPS. They may be in |
| electronic form. |
| BID NO. 200-ICECREAM-2026-2027 |
|---|
| Johnston County Public Schools |
| School Nutrition Services |
| 601-C West Market Street |
| Smithfield, NC 27577 |
MAILING INSTRUCTIONS:
Mail only one fully executed bid document signed with BLUE ink and one copy of the bid (2 total), in a single envelope.
Bid MUST BE SEALED. Address envelope and mark "Bid No. 200-ICECREAM-2024-2025 as shown below: It is the
responsibility of the bidder to have the bid in this office by the specified time and date of opening.
Bidders or their authorized representatives are expected to fully inform themselves as to the terms, conditions,
requirements, and specifications of this IFB before submitting bids. Failure to do so will be at the bidder's own risk.
The law makes no allowance for errors or omission or commission on the part of the bidders; furthermore, the bidder
cannot secure relief on the plea of error or ignorance concerning any requirement included in the IFB.
Vendors who do not wish to respond to this IFB, but want to remain on our list for future opportunities in this product
category, should complete, sign, and return the signature sheet entitled "Bid Certification" with "NO BID" indicated on
the face of the form. Failure to adhere to this procedure may result in removal of the bidder's name from our bidder
list.
Bidders are welcome to attend the bid opening at the date and time indicated in the Bid Certification, but bidder presence
is not required, and no weight or other consideration toward any award decision will be given to any bidder's attendance
or absence at the bid opening. Recaps of the details of the bids received will be available to any interested party upon
WRITTEN request. The form and content of the bid recaps will be at the sole discretion of JCPS. They may be in
electronic form.
BID NO. 200-ICECREAM-2026-2027
Johnston County Public Schools
School Nutrition Services
601-C West Market Street
Smithfield, NC 27577
1.0 DISTRICT PROFILE, MISSION, AND FEDERAL COMPLIANCE
2.0 GENERAL PROVISIONS OF THE IFB/CONTRACT
3.0 SCHOOL DISTRICT IFB - CONTRACT DECLARATIONS AND PROFILE
4.0 DISTRIBUTOR / VENDOR MINIMUM QUALIFICATIONS
5.0 DISTRIBUTOR / VENDOR INSURANCE REQUIREMENTS
6.0 DISTRIBUTOR / VENDOR PERSONNEL REQUIREMENT
7.0 DISTRIBUTOR / VENDOR BID ERRORS AND PRICING REQUIREMENTS
8.0 FIRM FIXED FEE BID PROCEDURES
9.0 DISTRIBUTOR / VENDOR BID AWARD METHOD
10.0 IFB - CONTRACT DEFINITIONS
11.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION
12.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES
13.0 TIE BID, BID ERRORS, BID REJECTION AND USE OF PIGGYBACK CLAUSE
14.0 PRELIMINARY DISTRIBUTOR / VENDOR BID AWARD
15.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS
16.0 DISTRIBUTOR / VENDOR AUDITS: PRE - AWARD, MID TERM COST ADJUSTMENT, NON -
SCHEDULED AND AUDIT OVER AND UNDERCHARGES
17.0 TRANSMITTAL OF DELIVERY ORDERS
18.0 BILLING AND PAYMENT REQUIREMENTS
19.0 SITE DELIVERIES
20.0 WAREHOUSING REQUIREMENTS AND USDA DONATED FOODS WAREHOUSING CHANGE
21.0 OPTION FOR CONTRACT RENEWAL AND PROCEDURES
22.0 BID RENEWAL PROCEDURES
23.0 FIXED - FEE ADJUSTMENT FOR FUEL PRICE INCREASE
24.0 PRODUCT USAGE REPORTS FROM DISTRIBUTOR/VENDOR
25.0 RECORDS RETENTION REQUIREMENTS
26.0 ASSURANCE OF NON-COLLUSION
27.0 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS (revised April 2016)
28.0 REMEDIES FOR DISTRIBUTOR/VENDOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION
OF CONTRACT
29.0 FORCE MAJEURE PROCEDURES
30.0 WAIVER
31.0 RIGHT TO ASSURANCE
32.0 REGULATORY COMPLIANCE
DISTRIBUTOR/VENDOR REQUIRED ATTACHMENTS FOR NEW BIDS
ATTACHMENT A - BRAND/GRADE LABELS/SPEC SHEETS
ATTACHMENT B - HACCP SUMMARY
ATTACHMENT C - EVIDENCE OF REQUIRED INSURANCE
ATTACHMENT D - LUNSFORD ACT COMPLIANCE
ATTACHMENT E - FOOD RECALL POLICY/PROCEDURES
ATTACHMENT F - SCHOOL DISTRICT CALENDAR
ATTACHMENT G - HUB CERTIFICATION
ATTACHMENT H - CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, LOBBYING AND COOPERATIVE
AGREEMENTS
ATTACHMENT I - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS - PRIMARY COVERED TRANSACTIONS
ATTACHMENT J - SCHOOL DISTRICT PROFILE
ATTACHMENT K- PROPOSED DELIVERY SCHEDULE
ATTACHMENT L - NEW VENDOR FORM AND W9
ATTACHMENT M - DEVIATIONS / COMPLIANCE FORM
ATTACHMENT N - TABULATION SHEET
ATTACHMENT O - NO BID RESPONSE
1.0 DISTRICT PROFILE, MISSION, AND FEDERAL COMPLIANCE
1.1 DISTRICT PROFILE
Johnston County Public Schools (JCPS) has a student enrollment of more than 38,000 students in grades
pre-kindergarten through twelfth grade. Doubling the student population in the past 15 years, Johnston
County's growth is due to the excellent education JCPS provides to our students. We enjoy strong
community support through funding for new schools, partnerships with business and faith based
organizations, and fabulous parental involvement. What are the results of this support? Our graduation
rate has climbed by more than 13 percent in the past four years, while our dropout rate has fallen by
nearly 50 percent in the same period. We are proud of our 214 Nationally Board Certified teachers.
Johnston County Public Schools is accredited by AdvancEd, meaning that our graduates are prepared to
be accepted into the finest universities and colleges. Extracurricular activities abound through strong arts
and athletics programs. Global is not just a buzz word in our vision statement. Our diverse culture
includes over 45 languages spoken by students and their families.
The School Nutrition Services department (hereafter referred to as SNS) serves approximately
22,000 reimbursable lunches and 11,000 reimbursable breakfasts daily to students in 48 schools.
1.2 SCHOOL NUTRITION MISSION
The mission of School Nutrition Services is to serve nutritious and appealing school meals while providing
excellent customer service. We follow the strictest food safety practices to ensure that meals are of the
highest quality. We believe that nutrition has a direct impact on a student's success. Studies show that
children that eat school breakfast and lunch have fewer tardies, higher test scores and fewer behavioral
issues.
1.3 FEDERAL COMPLIANCE: The School Nutrition Programs receiving goods and services under this
Contract are federally funded programs operated under the authority of the United States Department of
Agriculture (USDA). This IFB and the subsequent Contract shall be COMPLIANT with 7 CFR Parts 210,
220, 225, 250, 2 CFR 200 and applicable cost circulars issued by the Office of Management and Budget
(OMB) including A-87 Cost Principles, A -102 Administrative Requirements, and A -133 Audit
Requirements.
2.0 GENERAL PROVISIONS OF THIS IFB - CONTRACT
2.1 THIS SOLICITATION IS INTENDED TO PROMOTE COMPETITION. If the language, specifications,
terms, and conditions, or any combination thereof, restricts or limits the requirements in this solicitation to
a sole source; it is the responsibility of the interested Distributor/Vendor to notify Jennifer Lawson,
Executive Director of School Nutrition Services, in writing via email, at jenniferlawson@johnston.k12.nc.us
no more than five (5) working days after the date the IFB/CONTRACT is issued by the School District.
The solicitation may, or may not, be changed, but a review of such notification will be made prior to the
award of a Contract.
2.2 DISTRIBUTOR / VENDOR CHANGES TO PRE-APPROVED MANUFACTURER BRAND/CODE: All
product brands and codes listed on this bid are pre-approved and no products may be added to the bid
spreadsheets without prior approval of the school district designee, with appropriate addenda released to
eligible Distributor/Vendors.
2.3 ADVERTISEMENT OF BID: A public advertisement is required to solicit bids or proposals for all
purchases over the Local Education Agency (LEA) simplified acquisition (or small purchase) threshold of
$90,000. The announcement (advertisement or legal notice) will contain a general description of items to
be purchased; specific procedures for submission of a bid or proposal; deadline for submission of sealed
bids or proposals, and the address where complete specifications and bid/proposal instructions may be
obtained and the contact person to whom questions may be addressed.
An announcement of an Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed on the eVP
(North Carolina Electronic Vendor Portal) website and posted on the School Nutrition website to publicize
the intent of the School Food Authority to purchase needed items. The notice of advertisement for
bids/proposals will be run in these media outlets for seven (7) days.
2.4 A WRITTEN ADDENDUM IS THE ONLY OFFICIAL RESPONSE METHOD WHEREBY
INTERPRETATION, CLARIFICATION AND ADDITIONAL INFORMATION REGARDING THIS BID CAN
BE GIVEN. Once issued, all addenda shall become part of this contract. All addenda will be issued
electronically to each vendor known to have received the initial IFB/Contract. Addenda may be issued
from the school district no later than five (5) days prior to the IFB/Contract due date. However, before
submitting an IFB/Contract, it shall be the responsibility of each vendor to determine whether additional
addenda were issued. INQUIRIES concerning interpretation or additional clarification or additional
information pertaining to this IFB must be made in writing (electronically accepted) on behalf of the school
district no later than March 27,2026. For inquiries contact Jennifer Lawson, Executive Director of School
Nutrition Services, in writing via email, at jenniferlawson@johnston.k12.nc.us.
2.5 COST PRICING BY ITEM: The Distributor/Vendor/Vendor will solicit the BEST MANUFACTURER OR
PACKER "COST" PRICING BY ITEM BID - including freight - for the longest lock in period when
negotiating contract pricing for foods and supplies.
2.6 FIRM COST-PLUS FIXED FEE BID: This method for calculation of this bid is Firm Cost-Plus Fixed Fee.
The Distributor/Vendor Fixed Fee is charged "per case" and shall encompass the costs of the
product's receipt into storage, distribution, financing and profit, production losses, analyses cost,
waste, labor, repackaging, overhead, transportation costs and ALL other costs of doing business
for the line items.
2.7 PRODUCT REMOVAL: The school district reserves the right to remove a pre-approved product from the
bid at any time for cause. Removal may occur for the following reasons:
(1) Product was reformulated and no longer meets the specification
(2) Product quality complaints documented by member districts
(3) Manufacturer or Supplier failure to deliver product in a timely manner, or in a sufficient
quantity to meet the school districts needs
(4) Manufacturer or supplier default of contract with the school district.
(5) Lack of sufficient usage of a line item
3.0 SCHOOL DISTRICT IFB - CONTRACT DECLARATIONS AND PROFILE
Johnston County Public Schools and is hereinafter referred to as the School District, is requesting to receive Bids
from an Offering Entity hereinafter referred to as the Distributor/Vendor/Vendor, defined as a company that is
offering to provide the services of ordering, warehousing and delivery of ice cream for use in the School District's
School Nutrition Program.
Johnston County Public Schools:
Reserves the right, at any time after opening and prior to award, to request from any Distributor/Vendor/Vendor
clarification of processes or procedures, address technical questions, items bid, or to seek other information
regarding the Distributor/Vendor's/Vendor's bid offer. This process may be used for such purposes as providing
an opportunity for the Distributor/Vendor/Vendor to clarify their bid, to assure mutual understanding and/or aid
in determinations of responsiveness, or responsibility, of the Distributor/Vendor/Vendor.
Reserves the right to reject any or all bids, or parts thereof, and to waive informalities and/or irregularities
thereof.
Reserves the right to retain all Bids for a period of sixty (60) days or until approval by the Local Board of
Education, whichever comes first. The submittal of a Bid shall constitute an irrevocable Offer to Contract with
the School District. In accordance with the terms of the IFB/Contract, the offer may not be withdrawn until or
unless rejected or not accepted by the School District.
Requires the IFB/Contract and all attachments and addenda hereto awarded to become the Contract between
the School District and the awarded Distributor/Vendor/Vendor.
Requires the Distributor/Vendor/Vendor awarded the Contract be fully acquainted with General Terms and
Conditions relating to the scope and restrictions involved in the execution of the work described in this contract
for the School District. Failure or omission of the Distributor/Vendor/Vendor to be familiar with existing
| Distributor/Vendor/Vendor awarded the Contract must have a minimum of one (1) year of experience in | |
|---|---|
| commercial food warehousing/delivery business and must maintain all required state and local business licenses | |
| and a Certificate of Authority from the Secretary of State of North Carolina. Distributor/Vendor/Vendor shall | |
| provide documentation of applicable license, certification, commercial experience, storage and delivery equipment | |
| and/or letters of current customer and supplier reference upon request of the School District for qualification to | |
| furnish products and services in accordance with the General Terms and Conditions of this IFB. The Schoo | |
| District reserves the right to make the final determination as to the Distributor/Vendor's ability to provide the | |
| products and services requested herein. | |
| The vendor shall promptly furnish to | |
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| the owner certificates of insurance listing Johnston County Public Schools as an Additional insured. The | |
| certificate holder shall be named: Johnston County Public Schools, PO Box 1336 Smithfield, N.C. 27577. |
| Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of |
|---|
| the Work. These Certificates shall contain a provision that coverages afforded under the policies will not |
| be canceled until at least thirty (30) days prior written notice has been given to the Owner. Failure to |
| provide such notice shall not limit the liability of the Insurer, its agents or representatives. |
conditions shall in no way relieve the company of obligation with respect to this Contract and may be grounds
for disqualification.
Requires the school district to issue the approved and appropriately signed Official Certification Form to the
Awarded Distributor/Vendor/Vendor and the issue of a local Purchase Order to the Distributor/Vendor/Vendor
as the Final Bid Award.
Will provide a School District Profile which includes pertinent information about the district such as the
school names, addresses and telephone numbers. The profile is found in the Attachments section of the
IFB/Contract.
4.0 DISTRIBUTOR / VENDOR MINIMUM QUALIFICATIONS
Distributor/Vendor/Vendor awarded the Contract must have a minimum of one (1) year of experience in
commercial food warehousing/delivery business and must maintain all required state and local business licenses
and a Certificate of Authority from the Secretary of State of North Carolina. Distributor/Vendor/Vendor shall
provide documentation of applicable license, certification, commercial experience, storage and delivery equipment
and/or letters of current customer and supplier reference upon request of the School District for qualification to
furnish products and services in accordance with the General Terms and Conditions of this IFB. The School
District reserves the right to make the final determination as to the Distributor/Vendor's ability to provide the
products and services requested herein.
https://www.sosnc.gov/Guides/launching_a_business/register_your_business
5.0 DISTRIBUTOR / VENDOR INSURANCE REQUIREMENTS
5.1 The Distributor/Vendor/Vendor awarded the Contract shall maintain all necessary insurance for the period
during which purchases are made, including Comprehensive General Liability Insurance, Property
Damage Insurance, Workers Compensation Insurance, and Automobile Liability Insurance. The
Distributor/Vendor/Vendor must provide a certificate of insurance that it currently has, and agrees to
purchase and maintain, during its performance under this Contract, from one or more insurance
companies authorized to do business in the State of North Carolina. The vendor shall promptly furnish to
the owner certificates of insurance listing Johnston County Public Schools as an Additional insured. The
certificate holder shall be named: Johnston County Public Schools, PO Box 1336 Smithfield, N.C. 27577.
5.2 Certificates of such Insurance shall be furnished by Provider to the School District Contact and shall
contain an endorsement to provide the School System written notice of any intent to cancel or terminate
by either Provider or the insuring company. Failure to furnish insurance certificates or maintain such
insurance shall be a default under this contract and shall be grounds for immediate termination of this
Contract. ATTACHMENT C - provide summary and include certificates in the IFB.
5.3 Commercial General Liability - Distributor/Vendor/Vendor shall maintain Commercial General Liability
insurance that shall protect the Distributor/Vendor/Vendor from claims of bodily injury or property damage
which arise from performance under this Contract in the amount of $1,000,000 each occurrence and
Personal & Advertising Injury $1,000,000 each occurrence with $2,000,000 General Aggregate. The
district shall be listed as an additional insured.
5.4 Vehicle Bodily Injury and Property Damage - The Distributor/Vendor/Vendor shall maintain bodily injury
and property damage liability insurance covering all owned, non-owned and hired vehicles. The policy
limits of such insurance shall not be less than $1,000,000 combined single limit each person/each
occurrence. The district shall be listed as an additional insured.
5.5 Worker's Compensation - The Distributor/Vendor/Vendor shall meet the statutory requirements of the
State of North Carolina for worker's compensation coverage and employer's liability insurance of all
employees participating in the provision of services under this contract.
5.6 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Work. These Certificates shall contain a provision that coverages afforded under the policies will not
be canceled until at least thirty (30) days prior written notice has been given to the Owner. Failure to
provide such notice shall not limit the liability of the Insurer, its agents or representatives.
6.0 DISTRIBUTOR / VENDOR PERSONNEL REQUIREMENTS
6.1 The Distributor/Vendor/Vendor personnel are to present a professional appearance always while on
school property. Personnel shall be neat, clean, well groomed, properly uniformed and conduct
themselves in a respectable and courteous manner while performing duties at any School District
facilities.
6.2 The Distributor/Vendor/Vendor personnel are forbidden to consume alcohol or use illegal drugs, use
tobacco, or possess firearms on school property at any time.
6.3 The employment of unauthorized aliens by the Distributor/Vendor/Vendor is considered a violation of
Section 247A (e) of the Immigration Reform and Control Act of 1986. If the Distributor/Vendor/Vendor
knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the
Contract.
6.4 NC LUNSFORD ACT N.C. GENERAL STATUTE 14-208.18: The Distributor/Vendor 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 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.
This prohibition applies to persons required to register under Article 27A who have committed any offense
in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years
at the time of the offense. LUNSFORD ACT compliance is addressed in the ATTACHMENT D.
7.0 DISTRIBUTOR/VENDOR BID ERRORS AND PRICING REQUIREMENTS
7.1 BID ERRORS: The following two bid errors are non - negotiable and may result in bid disqualification.
1) An Original signatures must be in Blue Ink, a scanned copy of the form with an original
signature of an authorized company official will be accepted.
2) ANY CHANGE TO THE IFB/CONTRACT LANGUAGE BY THE DISTRIBUTOR//VENDOR
7.2. MULTIPLE FLAVORS AND VARIETIES FOR A SINGLE LINE ITEM: ONE PRICE is required for all flavors
or varieties of the item the Distributor/Vendor/Vendor will stock. The Distributor/Vendor/Vendor and School
District must communicate after the award as to flavors and volume to be stocked. Multiple pricing per line
item is not allowed.
7.3. QUANTITY REQUESTED PRICING - The Distributor/Vendor/Vendor shall shop the market for the lowest
price for the quantity requested on the bids received from the school district in order to reduce manufacturer
changes.
7.4. SPREADSHEET PRICING DIRECTIONS: The INSTRUCTIONS for completing the Bid Spreadsheets are
provided with the bid. The instructions provide full direction details regarding bid line items to be
completed for pricing.
7.5. PRICE FOR EACH PRODUCT: A cost price for one (1) pre-approved brand or, if applicable, one (1) private
label is required for each bid specification identified for Distributor/Vendor/Vendor pricing in the bid
spreadsheets.
7.6. PRODUCT CODES AND PACK: All efforts are made to provide correct Manufacturer product codes and
packs before bids are mailed. All interpretations of the specifications shall be made on the basis of the
following statement: If the bidder discovers or suspects error in the item specification, product code number,
pack size, or change in manufacturer formulation, the Distributor / Vendor shall contact Jennifer Lawson,
Executive Director of School Nutrition Services at jenniferlawson@johnston.k12.nc.us. The school district
shall make the final determination of product equivalency and advise all potential bid parties through an email
Bid Addendum.
7.7. UNIT PRICE/EXTENSION DISCREPANCY: In the event of a discrepancy between the unit price and
extension, the unit price will be considered correct. Errors found in Distributor / Vendor NEW bid extensions
will be corrected and reported to the affected Distributor /Vendor(s.) All Distributor/Vendors will be notified of
the corrected bottom line by the School District in the Preliminary Award Letter.
8.0 FIRM FIXED FEE BID PROCEDURES
8.1 FIRM FIXED FEE - The Distributor/Vendor Fixed Fee is charged "per case" and shall encompass the costs of
the product's receipt into storage, distribution, financing, profit, production losses, analyses cost, waste, labor,
repackaging, overhead, transportation costs and ALL other costs of doing business for the line items in the
bid.
8.2 The Fixed-Fee shall remain firm for the duration of the Contract, and for the duration of any School
Nutrition Programs offered by the School District and any future Contract renewal period(s). Exceptions:
Fuel Increase Force Majeure, Section 27.0 and agreement between School District and Distributor/Vendor to
lower the fixed fee, Section 25.2.1
8.3 The Fixed-Fee will be the same for ALL items in relation to the pack size shown on the bid spreadsheet.
8.4 Fixed fee and Product substitutions: In the event of a product substitution, the Fixed - Fee charged by the
Distributor/Vendor shall also apply to all other pre-approved brands in that specification and any optional brand
priced or offered by the Distributor/Vendor and approved by the School District for that bid specification.
9.0 DISTRIBUTOR / VENDOR BID AWARD METHOD:
The award method is BOTTOM LINE, COST PLUS - FIXED FEE where award is to the Distributor/Vendor with
the lowest bottom line price from the bidding sheets and as recorded on the Official Distributor/Vendor Bid
Tabulation Sheet and verified by the School District.
9.1 FORMULA FOR THE COST PLUS - FIXED FEE METHOD:
9.1.1 UNIT COST = Actual cost of product to the Distributor/Vendor from supplier + freight cost
to Distributor/Vendor warehouse.
9.1.2 FIXED FEE = The Distributor/Vendor Fixed Fee is charged "per case" and shall encompass the costs of the
product's receipt into storage, distribution, financing, profit, production losses, analyses cost, waste, labor,
repackaging, overhead, transportation costs and ALL other costs of doing business for the line items bid.
9.1.3 TOTAL BY LINE ITEM = Unit Cost + Fixed Fee X the Estimated School District Usage per Line Item.
9.1.4 The unit price is to be provided in CASES. Formulas will compute pack size variance and cost per serving.
10.0 IFB - CONTRACT DEFINITIONS
10.1 ACCURACY OF PRICING: The accuracy of all unit prices, fixed - fees and statements contained in this bid is
the responsibility of the Distributor/Vendor, and no change or cancellation may be made except as provided in
this IFB Contract or its addenda.
10.2 BILL BACKS: Per USDA Regulation 210.21, all manufacturer cash discounts, label allowances, group
allowances and promotions shall go to the benefit of the School District. Any documentation pertaining to such
discounts, bill backs or allowances.
10.3 PRODUCT USAGE ESTIMATE is a guide for Manufacturers and Distributor/Vendors/Vendors as to the
potential product usage of the school district, but under no circumstances guarantees product usage.
10.4 COMMUNICATION: The awarded Distributor/Vendor/Vendor shall communicate continuously via electronic
messaging with the School District customer concerning product orders, product movement levels,
substitutions, inventory, manufacturer shortages, production issues, etc.

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