South Carolina School Food Service Purchasing Alliance, Inc.

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1 South Carolina School Food Service Purchasing Alliance, Inc. BID #B AMENDMENT NUMBER ONE April 21, 2016 BID PERIOD: 08/01/2016 through 07/31/2017 Page 1: Change time questions must be received from 10:00 am to 4:30 pm. Change sentence to read, Questions must be received by 4:30 pm on Thursday, April 21, 2016 Page 6: Item #10: Fixed Fee: A. Delete definition B. Change definition to read, amount added by the Contractor to the Fixed Price for delivery of products from the Contractor s warehouse to the SFA sites included herein. This amount will be added to arrive at the total sales price to the SFA. Page 7: Additional Products A. Change last sentence in 2 nd paragraph to read, Additional products are subject to audit by the Alliance and/or SFA in accordance with audit procedures contained herein. Page 9: Certification Regarding Debarment A. Delete all paragraphs B. Change to read, CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that- (i) Offeror and/or any of its Principals- (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; (B) Have not, within a three-year period preceding this offer, 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) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(b) of this provision. Page 1 of 10

2 PAGE 2 Page 14: Page 17: (ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity. (2) Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). (b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror s responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible. (d) 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 paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default. Protests A. Change sentence to read, Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract within ten days of the date notification of award is posted as required by the applicable SFA procurement code. Questions from Offerors A. Add time of 4:30 pm and change sentence to read, Questions regarding the original solicitation or any amendment must be received by the Executive Director of the South Carolina School Food Service Purchasing Alliance, Inc. or his designee no later than Thursday, April 21, 2016 at 4:30 pm. Warehouse Facilities and Equipment A. Change sentence to read, The Alliance, SFA, and/or school officials may upon reasonable written notice to the Contractor s servicing distribution center inspect Contractor s warehouse facilities and delivery vehicles. Page 19: Distributor Obtained Bid Pricing A. Add offered to the Alliance members and change sentence to read, Distributors will ensure volume manufacturer pricing offered to the Alliance members under this Contract is not transferable to non-member Alliance members. Page 2 of 10

3 PAGE 3 Page 20: Page 21: Page 22: Page 24: Fresh Produce and Fresh Eggs A. Add date and change sentence to read, The price shall be based upon an invoice or manufacturer s confirmation (for bid pricing received) dated for the week of April 11-15, Manufacturer Specific Products Prices A. Change 2 nd paragraph sentence to read, If the confirmation identifies and/or quantities, the fixed price cannot be changed until the specified time has expired and/or specific quantities have been purchased. B. Change last sentence in 3 rd paragraph to read, In addition, the manufacturer s confirmation must be submitted to the distributors and a copy ed to the Executive Director of the South Carolina School Food Service Purchasing Alliance, Inc. at executdir@scpurchasingalliance.org no later than Friday, April 29, 2016 with the exception of select raw beef and poultry products identified as Distributor Choice in the Approved Brand Name. They are included in the Beef Category: #2 Beef Patty Raw, #4 Beef, Ground, Frozen, and #9 Beef, Diced, Raw and Poultry: #20 Chicken Drumsticks, Raw, #22 Chicken Thighs, Raw, and Chicken, Eight Cut, Raw. Price Adjustments for Lot A with Exception of Seven (7) Specific Categories and Lot C A. Change date from January 31, 2016 to January 31, 2017 B. Change sentence to read, The request for a fixed price increase must be supported by an approved source (recognized market bulletin, Consumer Price Index-Home Away from Series). Pre-Award Audit A. Add words of any applicable and by manufacturers and suppliers and change sentence to read, Errors on the Product Spreadsheet secondary to this audit (including pricing and/or the proper crediting of any applicable rebates, bonuses, discounts, credits, promotional allowances, or other financial benefits) specifically for the SFA by manufacturers and suppliers shall be corrected and reported by the SFA as part of the bid evaluation process. Award Notification A. Change day from sixteen to tenth and change sentence to read, Should the contract resulting from this solicitation have a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to this Solicitation and any award will not be effective until the tenth day after such notice is given. Choice of Law A. Delete in 2 nd paragraph the words appropriate and in accordance with the appropriate jurisdiction and change to read, All disputes, claims or controversies relating to the Agreement shall be resolved exclusively by the SFA Procurement Officer. Page 3 of 10

4 PAGE 4 Page 25: Page 26 Contractor Personnel Standards A. #4. Delete at the main office of the Contractor and made available to SFA personnel or the SFA s legal counsel immediately upon request and change last sentence to read, SLED background checks shall be maintained on file by the Contractor. Food Recall Plan A. Add the word applicable and change first sentence to read, The Contractor shall be expected to comply with all applicable federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplaces. Page 27 Page 28: Page 29: Page 30: HACCP Plan and Related Sanitation Requirements A. Delete the word copies and insert the word detailed summaries and change to read, The Contractor shall maintain a current Hazard Analysis Critical Control Point (HACCP) Plan that is in compliance with all appropriate government and industry standards, detailed summaries of the plans shall be made available for review by the Alliance and/or SFA upon request. Post-Award Audit A. Insert the words applicable intended specifically for the SFA by manufacturers and suppliers and change sentence in first paragraph to read, Post-Award Audit findings including an over charge from pricing and/or the proper crediting of any applicable rebates, bonuses, discounts, credits, promotional allowances, or other financial benefits intended specifically for the SFA by manufacturers and suppliers shall be resolved by the Contractor via a credit memorandum to the SFA for the total value of the overcharge retroactive to the date the overcharge first occurred. Relationship between Alliance and SFA A. Insert the words and pursuant to the terms and conditions contained herein and its procurement code and change the last sentence of the first paragraph to read, Contract is vested solely with the SFA and pursuant to the terms and conditions contained herein and its procurement code. Termination for Convenience A. Change sentence to read, (2) Contractor s Obligations: The contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the contractor will stop work to the extent specified. Page 4 of 10

5 PAGE 5 Page 31: Page 37: Page 38: Termination for Convenience A. (4) Compensation change citation from 1830 to Section of the South Carolina Procurement Code and change to read, (a) The contractor shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data required by Section of the South Carolina Procurement Code bearing on such claim. B. Delete word pat and insert pay. Change sentence to read, (c) Absent complete agreements under Subparagraph (b) of this Paragraph, the Procurement Officer shall pay the contractor the following amounts Annual Budget for USDA Child Nutrition Programs: For Lexington County School District Only: A. Change dollar amount in Lot C from $8,000,000 to $800,000. ARTICLE XIV: Declaration of Bidding School Food Authorities A. Florence County School District Four is bidding Lot A only B. John De La Howe School is bidding Lots A, B & C C. Lexington County School District Three is bidding Lot s A, B & C D. Marlboro County School District is bidding Lot B only E. Aiken-Barnwell Head Start will not be bidding Lot A: Food and Non-Food Items Pork Item #: 5 Item #: 8 Item #: 9 Sausage Link with Alternate Protein Product, fully cooked A. Change spelling of Bryers Street Market to Briar Street Market Sausage Patty with Alternate Protein Product A. Change Jimmy Dean 29667CN to Briar Street Market 29667CN Sausage, Smoked A. Change Swaggerty to Swaggerty Pizza Item #: 23 Pizza, Veggie with Red and Green Peppers, Onions, Cheese A. Delete Con Agra (The Max) # Lunch Around Veggie B. Delete all quantities and product (received letter from Con Agra the product is being discontinued July 1, 2016) Page 5 of 10

6 PAGE 6 Dorchester 2, Edgefield and Hampton One Only: Dairy and Eggs 1. Cheese, Cheddar, Shredded A. Change Est. Qty from 12,000 to the following: Dorchester 2: 100 Edgefield: Cheese, Mozzarella, String A. Change Est. Qty from 21,000 to the following: Dorchester 2: 2,000 Edgefield: Cheese, Mozzarella, Shredded 100% Mozzarella A. Change Est. Qty from 2,500 to the following: Dorchester 2: 50 Edgefield: 25 Hampton 1: Cheese, Processed Sliced A. Change Est. Qty from 7,000 to the following: Dorchester 2: 550 Edgefield: 150 Hampton 1: Margarine Reddies A. Change Est. Qty from 2,000 to the following: Dorchester 2: 20 Edgefield: 90 Hampton 1: Margarine Solids A. Change Est. Qty from 12,000 to the following: Dorchester 2: 300 Edgefield: 10 Hampton 1: Yogurt, Low Fat 4 oz. Gluten Free A. Change Est. Qty from 84,000 to the following: Dorchester 2: 1,500 Edgefield: 150 Hampton 1: 0 8. Yogurt, Parfait Pro, Vanilla Blend, Low Fat A. Change Est. Qty from 4,000 to the following: Dorchester 2: 100 Edgefield: Eggs, Hard Cooked, Peeled, Pillow-Pak, Pak/Dry Packed A. Change Est. Qty from 2,000 to the following: Dorchester 2: 0 Edgefield: 20 Page 6 of 10

7 PAGE Egg, Liquid Whole with Citric Acid, Pasteurized A. Change Est. Qty from 3,000 to the following: Dorchester 2: 125 Edgefield: 40 Hampton 1: Pudding Cups, 3.75 oz. A. Change Est. Qty from 500 to the following: Dorchester 2: 0 Edgefield: 0 Hampton 1: Ice Cream Bar, Low Fat A. Change Est. Qty from 500 to the following: Dorchester 2: 0 Edgefield: 0 Hampton 1: Ice Cream Sandwich, Low Fat A. Change Est. Qty: from 500 to the following: Dorchester 2: 0 Edgefield: 0 Hampton 1: Ice Cream, Fudge Bar A. Change Est. Qty from 500 to the following: Dorchester 2: 0 Edgefield: 0 Hampton 1: Cheese Stick, Reduced Fat IW 1 oz. A. Change Est. Qty from 500 to the following: Dorchester 2: 100 Edgefield: Cheese Cubes, Reduced Fat, IW, 1 oz. A. Change Est. Qty from 500 to the following: Dorchester 2: 0 Edgefield: : Cheese Blitz A. Change Est. Qty from 500 to the following: Dorchester 2: 250 Edgefield: 0 Frozen Potatoes Item #1 French Fries, Shoestring ¼ Coated A. Cavendish and Lamb Weston S34 1. Add the number for Pounds of DF Needed Per Case 2. Change Svgs Per Unit from 27 to 144 B. Simplot Add the number for Pounds of DF Needed Per Case 2. Change Svgs Per Unit from 24 to 128 Page 7 of 10

8 PAGE 8 Item #2 Item #3 Item #4 Item #5 Item #6 Item #7 Item #8 Item #9 Item #10 Beverages Item #15: French Fries, 3/8 Straight Cut, Ovenable, Low Sodium A. Lamb Weston A66 1. Delete as an Approved Brand B. Simplot Add the number for Pounds of DF Needed Per Case 2. Change Svgs Per Unit from 30 to 160 French Fries, 3/8-1/2, Crinkle Cut, Ovenable, Low Sodium A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 30 to 160 French Fries, 3/8 Regular Cut (Fried or Baked) Coated A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 30 to 160 French Fries, 3/8 Straight Cut (ovenable) Reduced Sodium, Seasoned A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 30 to 160 Potato Rounds/Tots A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 30 to 160 Potato, Sweet Potato Fries 3/8 Straight Cut A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 15 to 80 Potato, Sweet Potato, Waffle Cut A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 15 to 80 Potato, Sweet Potato Fries, 3/8 Crinkle Cut A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 15 to 80 Potato Shaped McCain #OIF03456 A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 24 to 128 Lamb Weston #S0026 A. Add the number for Pounds of DF Needed Per Case B. Change Svgs Per Unit from 30 to 160 Juice, 100%, 10 oz. Naked Juice A. Change Vendor Pack from 12/10 oz. to 8/10 oz. B. Change Svgs per Unit from 12 to 8. Page 8 of 10

9 PAGE 9 Shelf Stable Fruit and Juice Item #1: Item #20: Item #21: Applesauce, Shelf Stable, Cup Motts A. Change Cinnamon Applesauce to N2510 (A87190) to Natural Applesauce # B. Change description from Strawberry to Strawberry Applesauce C. Change product code number from A87170 to Juice, Apple, Asceptic Pack, Shelf Stable, 4.23 oz. Motts A. Change product code number from to Juice, Fruit Blend, Aseptic Pack, Shelf Stable, 4.23 oz. Motts A. Change product code number from to Groceries Item #12: Chips, Nachos, Bulk Tostitos Crispy Rounds A. Change product code number from to Smart Snack Items Item #3: Chips Snacks, Single Serve IW Baked Cheetos A. Change product code number from to Condiments Portion Control Item #19: Item #20: Jelly, Assorted Individual A. Change Knott s Berry Farm 5917 to Smucker s Jelly Grape, Individual A. Change Knott s Berry Farm 5930 to Smucker s For Horry County Only: Ref: Solicitation Page 13, section ARTICLE II. INSTRUCTIONS TO OFFERORS A. GENERAL INSTRUCTIONS as provided below, has changed to remove the verbiage ten to replace with fifteen. Protests: Change sentence to read, Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within fifteen days of the date notification of award is posted in accordance with this code. Ref: Solicitation Page 14, section ARTICLE II. INSTRUCTIONS TO OFFERORS A. GENERAL INSTRUCTIONS as provided below, has changed to remove the verbiage ten to replace with fifteen. Page 9 of 10

10 PAGE 10 Protests: Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable solicitation document at issue. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within fifteen days of the date notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. Ref: Solicitation Page 16, section ARTICLE II, INSTRUCTIONS TO OFFERORS B. SPECIAL INSTRUCTIONS has been revised to add the clause PROTEST-HCS ADDRESS inserted after the Offering By Lot clause. PROTEST-HCS ADDRESS: Any protest must be addressed to the Procurement Coordinator, and submitted in writing (a) by to dadams@horrycountyschools.net (b) by post or delivery to 335 Four Mile Road Conway, SC or PO Box Conway, SC Amendment Page 22 Award Notification A. Change day from tenth to sixteen and change sentence to read, Should the contract resulting from this solicitation have a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to this Solicitation and any award will not be effective until the sixteenth day after such notice is given. For Kershaw County Only: Please make note of the following addition under TRANSMITTAL OF DELIVERY ORDERS, for Kershaw County School District for Lot A, B and C. The successful bidder must have the ability to: Support on-line direct order entry for each school site. Support electronic transfer of on-line orders into SFA inventory database. o Transitioning to Heartland- Mosaic in August The inventory piece will be implemented in the fall of 2016 and will require winning bidder to work with Mosaic software to create electronic inventory downloads and transfers from invoices. Allow for multiple orders with different purchase order numbers for the same delivery date. Allow for building/saving of orders in the system in advance of transmittal date. For Lancaster County Only: See attachment Page 10 of 10

11 Lancaster County School District Additional Terms and Conditions Solicitation Number Amendment Issue Date Solicitation Issue Date Procurement Officer Phone Address B /18/16 3/18/16 Jan Petersen, CPPO, CPPB (803) DESCRIPTION: Contract to Purchase Perishable and Non-Perishable Food Items and Related Paper Products You must submit a signed copy of this form with your offer. NAME OF OFFEROR (Full legal name of business submitting the offer) OFFEROR'S TYPE OF ENTITY: (Check one) AUTHORIZED SIGNATURE (Person signing must be authorized to submit binding offer to enter contract on behalf of Offeror named above.) TITLE (Business title of person signing above) PRINTED NAME (Printed name of person signing above) DATE SIGNED Sole Proprietorship Partnership Corporate entity (not tax-exempt) Tax exempt corporate entity Government entity (federal, state, or local) Other (See Signing your Offer provision) Instructions regarding Offeror's name: Any award issued will be issued to, and the contract will be formed with, the entity identified as the offeror above. An offer may be submitted by only one legal entity. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc. STATE OF INCORPORATION (If offeror is a corporation, identify the State of Incorporation.) TAXPAYER IDENTIFICATION NO. (See Taxpayer Identification Number provision) Minority Participation: Are you a SC Certified Minority Vendor Yes No If yes, SC Certification # Are you a Non SC Certified Minority Vendor - Yes No ADDITIONAL TERMS AND CONDITIONS POSTING OF BID AWARD Bid award will be posted at Lancaster County School District, 300 South Catawba Street, Procurement Office, Lancaster, South Carolina Tie Bids: Tie bids will be resolved as outlined in Section of the District s Procurement Code. Volume: The contract shall apply to all current District delivery/site locations and shall include all future delivery/site locations for the life of the contract.

12 Contract Administration: Questions or problems arising after award of this contract shall be directed to Jan Petersen, Procurement Officer, Lancaster County School District, 300 South Catawba St., Lancaster, South Carolina Contract Amendments: Amendments to any contract(s) resulting from this solicitation between the District and the contractor must be reviewed and approved by the Procurement Officer. Department of Defense (PRODUCE ONLY): The District utilizes funds available from the Department of Defense (DOD). These funds are currently available until April The District will not utilize the awarded Produce contract until the funds are no longer available from the Department of Defense (DOD). Funds will be available again inapproximately August of The District will use the DOD funds each year throughout the duration of this contract, as long as they are available. The District does not promise any minimum or maximum quantities to be purchased under the Produce contract. Discussions with Bidders: After opening, the Procurement Officer may, in his sole discretion, initiate discussions with you to discuss your bid. Discussions are possible only if your bid is apparently responsive and only for the purpose of clarification to assure your full understanding of the solicitation's requirements. Any discussions will be documented in writing and shall be included with the bid. (RETURN THIS DOCUMENT WITH BID RESPONSE) All discussions for this solicitation shall be directed to the Procurement Department ONLY 2

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