The School District of Newberry County OFFICE OF SCHOOL FOOD SERVICES INVITATION FOR BID Solicitation Issue Date: May 13, 2015 Solicitation Number: OPS CN 2015-002 Hand Deliver or Mail Bids Only To: Bryan Gresham, Procurement Coordinator The School District of Newberry County 3419 Main Street/ PO 718 Newberry, South Carolina 29108 BIDS MUST BE SUBMITTED IN A SEALED PACKAGE. SOLICITATION NUMBER & OPENING DATE MUST APPEAR ON EXTERIOR PACKAGE. Submit Offer By (Opening Date/Time): May 29, 2015 @ 2:00 PM Bid Opening: SDNC District Office, 3419 Main Street, Newberry, SC 29108 Description: Contract to purchase perishable milk products Type of Contract: Reimbursable Cost Plus Fixed Fee for Services BIDS SUBMITTED VIA FACSIMILE MACHINE WILL NOT BE ACCEPTED. IMPORTANT Discussions/Negotiations: By submission of a bid, bidder agrees that during the period following issuance of a bid and prior to notification of intent and/or award of contract, bidder will not discuss this procurement with any party except the Food Service Director for The School District of Newberry County or other parties designated in this solicitation. Bidder will not discuss or attempt to negotiate with the using schools in The School District of Newberry County aspects of the procurement without prior approval of the Food Service Director, The School District of Newberry County.
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The School District of Newberry County
OFFICE OF SCHOOL FOOD SERVICES
INVITATION FOR BID
Solicitation Issue Date: May 13, 2015
Solicitation Number: OPS CN 2015-002
Hand Deliver or Mail Bids
Only To: Bryan Gresham, Procurement Coordinator
The School District of Newberry County
3419 Main Street/ PO 718
Newberry, South Carolina 29108
BIDS MUST BE SUBMITTED IN A SEALED PACKAGE.
SOLICITATION NUMBER & OPENING DATE MUST
APPEAR ON EXTERIOR PACKAGE.
Submit Offer By (Opening Date/Time): May 29, 2015 @ 2:00 PM
Bid Opening: SDNC District Office, 3419 Main Street, Newberry, SC 29108
Description: Contract to purchase perishable milk products
Type of Contract: Reimbursable Cost Plus Fixed Fee for Services
BIDS SUBMITTED VIA FACSIMILE MACHINE WILL NOT BE ACCEPTED.
IMPORTANT
Discussions/Negotiations:
By submission of a bid, bidder agrees that during the period following issuance of a bid and prior to
notification of intent and/or award of contract, bidder will not discuss this procurement with any party
except the Food Service Director for The School District of Newberry County or other parties
designated in this solicitation. Bidder will not discuss or attempt to negotiate with the using schools in
The School District of Newberry County aspects of the procurement without prior approval of the
Food Service Director, The School District of Newberry County.
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Solicitation Outline
Description Page
I. Scope of Solicitation 3
II. Instructions to Offerors
A. General Instructions 3-6
B. Special Instructions 6
III. Scope of Work/Specifications 6-11
IV. Information for Offerors to Submit 12
V. Qualifications 12-13
VI. Award Criteria 13
VII. Term and Conditions
A. General 13
B. Special 14-15
VIII. Bid Schedule 16
IX. Attachments to Solicitation 17-20
X. List of Potential Bidders 21
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I. SCOPE OF SOLICITATION
Acquire Supplies: The purpose of this solicitation is to establish a source or sources of supply for the
purchase of perishable milk products for the USDA School Breakfast, School Lunch, Afternoon Snack,
At-Risk Afterschool Care Program (Supper), and the Summer Feeding Programs.
Maximum Contract Period – Estimated: August 1, 2015 through July 31, 2020. Dates provided are
estimates only. Any resulting contract will begin on the date specified in the notice to award. See
clause entitled “Term of Contract
Term/Option to Extend: The initial term of this contract will be for the period August 1, 2015 until
July 31, 2016. The School District of Newberry County reserves the right to extend the contract for a
period not to exceed up to four (4) additional one (1) year period(s) upon the mutual agreement of both
parties and provided fixed fees remain the same for the extended one year period(s).
II. INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS
DEFINITIONS: Except as otherwise provide herein, the following definitions are applicable to all
parts of the solicitation:
1. Amendment – means a document is used to supplement the original solicitation document.
2. Contract – See clause entitled “Contract Document and Order of Precedence.”
3. Contractor – means the offeror receiving an award as a result of this solicitation.
4. Offer- means the bid or proposal submitted in response to this solicitation. The terms “Bid” and
“Proposal” are used interchangeably with the term “Offer.”
5. Offeror – means the single legal entity submitting the offer. The term “Bidder” is used
interchangeably with the term “Offeror.”
6. SA – means “State Agency” which is the South Carolina Department of Education, Office of
Health and Nutrition.
7. SFA- means “school food authority” which is the school district, charter school,
private/parochial school or Residential Child Care Institution (RCCI) participating in the Child
Nutrition Programs.
8. Solicitation – means this document, including all parts, attachments, and any amendments.
9. USDA – is the United States Department of Agriculture.
10. Work – means all labor, materials, equipment and services provided or to be provided by the
contractor to fulfill the contractor’s obligations under the contract.
11. You and Your – means offeror.
Amendments to Solicitation: (a) The solicitation may be amended at any time prior to opening. (b).
Offerors shall acknowledge receipt of any amendment to this solicitation by including number of all
amendment(s) received on “Bidding Schedule”. (c). If this solicitation is amended, then all terms and
conditions which are not modified remain unchanged.
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Bid Proposal as Offered to Contract: By submitting your bid or proposal, you are offering to enter
into a contract with the SFA. Without further action by either party, a binding contract shall result upon
final award. An award will be issued to, and the contract will be formed with, the entity identified as
the offeror herein. An offer may be made by only one legal entity; “joint bids” are not allowed.
Bid in English and Dollars: Offers submitted in response to this solicitation shall be in the English
language and in US dollars, unless otherwise permitted by the solicitation.
Certificate of Independent Price Determination: Giving false, misleading, or incomplete information
on this certification may render you subject to prosecution under Section 16-9-10 of the South Carolina
Code of Laws and other applicable laws.
(a) By submitting an offer, the offeror certifies that –
(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
offeror or competitor relating to-
(i.) Those prices;
(ii.) The intention to submit an offer; or
(iii.)The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been or will not knowingly disclosed by the offeror,
directly or indirectly, to any other offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award ( in the case of a negotiated solicitation) unless
otherwise required by law; and
(3) No attempt has been made and will not be made by the offeror to induce any other concern
to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on their offer is considered to be a certification by the signatory that the
signatory –
(1) Is the person in the offeror’s organization responsible for determining the prices offered
in this bid or proposal, and that the signatory has not participated in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification; or
(2)(i) Has need authorized, in writing, to act as agent for the offeror’s principals in certifying
that those principals have not participated, and will not participate in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the
term “principals” means person(s) in the offeror’s organization responsible for determining
the prices offered in this bid or proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i)
of this certification have not participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification.
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(c ). If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must
furnish with its offer a signed statement setting forth in detail the circumstances of the
disclosure. [02-2A032-1]
Certification Regarding Debarment: By submitting an offer, offeror certifies, to the best of its
knowledge and belief, that the offer and/or any of its Principals are not presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of contracts by any Federal agency or
department.
The SFA may also access the Excluded Parties List System (EPLS). EPLS is a widely available
resource of the most current information about persons who are excluded or disqualified from covered
Federal transactions. The SFA may but is not required to use EPLS to determine if contractors are
excluded or debarred as required under 7 CFR 3017.320. The EPLS link is http://epls.arner.gov.
Completion of Forms/Correction of Errors: All prices and notations should be printed in ink or
typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the
bid. Do not modify the solicitation itself (including bid schedule).
Drug Free Workplace Act: The contractor must comply with all terms and conditions of the Drug Free
Workplace Act, S.C. CODE ANN. 44-107-10 et seq. (1976, as amended).
Duty to Inquire: Offeror, by submitting an offer, represents that it has read and understands the
solicitation and that its offer is made in compliance with the solicitation. Offerors are expected to
examine the solicitation thoroughly and should request an explanation of the ambiguities, discrepancies,
errors, omissions, or conflicting statements in the solicitation. Failure to do so will be at the offeror’s
risk. Offeror assumes responsibility for any patent ambiguity in the solicitation that offeror does not
bring to the SFA’s attention.
Prohibition Against Conflicts of Interests, Gratuities and Kickbacks: "Any employee or any
official of the school district, elective or appointive, who shall take, receive or offer to take or receive
either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an
inducement or intended inducement, in the procurement of business, or the giving of business, for, or to,
or from, any person, partnership, firm of corporation, offering, bidding for, or in open market seeking to
make sales to the school district shall be deemed guilty of a felony and upon conviction such person or
persons shall be subject to punishment or a fine in accord with State and/or Federal laws."
Non-Collusive Clause: By signing this document, the contractor certifies that this bid is made without
prior understanding, agreement or connection with any corporation, firm or person submitting a bid for
the same items, and is in all respects fair and without collusion or fraud. The contractor certifies that
collusive bidding is a violation of federal law and can result in fines, prison sentences and civil damage
awards.
Public Opening: Offers will be publically opened at the date/time and at the location identified on the
cover page, or last amendment, whichever is applicable.
Rejection/Cancellation: The SFA mas cancel this solicitation in whole or in part. The SFA may reject