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     The link to the bid packet can be found here - https://drive.google.com/file/d/1TFJIZysIbFDm-_HlzYainQOR6zQsXhAY/view
     
     Please make sure that you check on each tab in the entire excel document to see all documents.
     
     
     
     
    May 19, 2021
     
     
    MEMORANDUM
     
    TO: Interested Food Vendors
     
    FROM: Dr. Stewart Pratt
     
    SUBJECT: Food and Supply Products for Lunchrooms
     
    The Harrison School District invites you to submit sealed bids for food and supply needs for the 2021-22 school year.
     
    Bids should be returned no later than 4:00 p.m., June 9, 2021 to the Harrison School District Child Nutrition, Attention Jonathan Dove, 110 South Cherry, Harrison, AR, 72601 or you can email your bid to jodove@hps.k12.ar.us . The bidder shall submit the bid on the proposal forms furnished and shall plainly mark on the envelope/email:
    “BID-FOOD SERVICE FOOD ITEMS & SUPPLIES 2021-22
    TO BE OPENED ON JUNE 10, 2021 AT 10:00 AM”
     
    BID CONDITIONS: IMPORTANT….PLEASE READ!
    Bids must be prepared on this supplied form
    Please do not fax your bid.
    Bids must be filled in all requested areas or bids could be rejected.
    All information must be legible and complete. Bids submitted without legible information
    may be rejected.
    Vendors must be able to provide products as needed not special order.
    The bid form must be signed by authorized original signature.
    Vendors awarded the bid will be notified by mail.
    Quantities specified for each item are for estimated minimum usage for the entire school district. Quantities specified does not constitute a guarantee to purchase any amount in excess of school district requirements.
     
    EVALUATION CRITERIA:
    1) Price
    2) Vendor reputation for providing quality materials on a timely basis.
    3) Vendor who best meets the specified item as listed will be given priority in bidding for a specific item.
     
    BUY AMERICAN:
    The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals program. The United States Department of Agriculture requires that, whenever possible, School Food Authorities shall only purchase food products that are produced in the United States. There are very limited exceptions to this requirement. Therefore, please note in your bid if any item is NOT produced in the U.S.A.
     
    QUALITY OF MATERIALS:
    PLEASE BID THE SPECIFIED PRODUCTS, INCLUDE PACK SIZE IF DIFFERENT THAN SPECIFIED.
    If a vendor bids an item different than that specified, he must provide samples of the product at the time the bid is submitted. Also must make a note on bids of different products. Please specify pack size if different from specifications listed.
     
    Appropriate nutrition information sheets must accompany all products including CN labels.
     
    Damaged, incorrect brand or otherwise substandard product, or product ordered without
    the Child Nutrition Director’s approval will be the liability of the Vendor and as such will
    be credited to the district for the cost of the product and returned at Vendor’s expense.
     
    In the event that the selected Vendor is unable to supply the quantity of a specified
    product within a timely manner, the district retains the option of selecting an appropriate
    item as a replacement or may choose to seek another supplier for the item without regard
    to specified bid quantities.
     
    PRICE ESCALATION/DE ESCALATION
    Vendor may submit a request no later than one month prior to the beginning of the second semester for price escalation/ de-escalation on specific products known to have increased/decreased appreciably in delivered (landed) cost to the Vendor.
     
    Documentation of Vendor’s increased/decreased cost for each product must be submitted for consideration by the district. The district reserves the right to reject any price increase/decrease submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments with 30 days notice.
     
    USDA NONDISCRIMINATION STATEMENT:
    Harrison School District will accept bids from small, minority, and women's businesses or labor surplus firms.
     
    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, sex, disability, age or reprisal or retalation for prior civil rights activity in any program or activity conducted or funded by USDA.
     
    Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audio tape, American Sign Language), should contact the agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
     
    To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found on line at:
    https://www.usda.gov/oascr/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:
     
    mail: US Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410
    fax: (202) 690-7442; or
    email: program.intake@usda.gov
     
    This institution is an equal opportunity provider.
     
     
    ORDERING & PAYMENTS:
     
    Vendor will be responsible for invoicing SFA at time of delivery for all shipments.
    Invoices must reflect the amount on bid.
     
    Shortages or damaged products will be re-supplied or credit given in a timely manner. We will not accept dented cans.
     
    Statements may be mailed or emailed to the district Accounts Payable department.
     
    DELIVERY:
    Delivery for bid items will be made to six schools in the district. Exact delivery dates will be determined after awarding bids. Deliveries will be accepted 7:00 a.m. -1:00 p.m. at school kitchens.
     
    Delivery will be accepted on an “as needed” basis, according to orders placed.
    Prices quoted are to include the cost of transportation and delivery to each school location—there should be no additional delivery charges, and this includes “fuel surcharges”. All prices are also to be NET of all applicable discounts, rebates, or credits.
     
    Delivery and/or sales personnel will comply with State law in regard to a “Tobacco Free” campus and refrain from tobacco use of any kind (including “smokeless tobacco”) while on school grounds.
     
    TERMINATION OF CAUSE AND CONVENIENCE:
     
    TERMINATION FOR CONVENIENCE:
    The School District may terminate this Contract without cause for any reason. Said termination shall not be deemed a Breach of Contract by the School District. The School District shall give the Contractor at least thirty (30) days written notice before the effective termination date. The Contractor shall be entitled to receive compensation for satisfactory, authorized service completed as of the termination date, but in no event shall the School District be liable to the Contractor for compensation for any service which has not been rendered. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount.
     
    TERMINATION FOR CAUSE:
    If the Contractor fails to properly perform its obligations under this contract in a timely or proper manner, or if the Contractor violates any terms of this contract, the School District shall have the right to terminate the contract and withhold payments in excess of fair compensation for completed services.
     
    A. The School District will provide notification of termination for cause in writing. This notice will: (1) specify in reasonable detail the nature of the breach; (2) provide the Contractor with an opportunity to cure, which must be requested in writing no less than 10 days from the date of the Termination Notice; and (3) shall specify the effective date of termination in the event the Contractor fails to correct the breach. The Contractor must present the School District with a written request detailing the efforts it will take to resolve the problem and the time period for such resolution. This opportunity to "cure" shall not apply to circumstances in which the Contractor intentionally withholds its services or otherwise refuses to perform. The School District will not consider a request to cure contract performance where there have been repeated problems with respect to identical or similar issues, or if a cure period would cause a delay that would impair the effectiveness of School District operations. In circumstances where an opportunity to cure is not available, termination will be effective immediately.
     
    B. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the School District for damages sustained by virtue of any breach of this Contract by the Contractor.
     
    BREACH:
    A party shall be deemed to have breached the contract if any of the following occurs:
    A. Failure to perform in accordance with any term or provision of the contract.
    B. Partial performance of any term or provision of the contract
    C. Any act prohibited or restricted by the contract, or
    D. Violation of any warranty
     
    CONTRACTOR BREACH:
    The School District shall notify the Contractor in writing of a breach.
    A. In event of a breach by Contractor, the School District shall have available the remedy of actual damages and any other remedy available at law or equity.
    B. In the event of a breach, the School District may assess liquidated damages.
     
    PARTIAL DEFAULT:
    In the event of a breach, the School District may declare a partial default.
     
    CONTRACT TERMINATION:
    In the event of a breach, the School District may terminate the contract immediately or in stages. The Contractor shall be notified of the termination in writing by the School District. Said notice may specify either that the termination is to be effective immediately, on the date certain in the future, or that the contractor shall cease operations under this contract in stages. In the event of a termination, the School District may withhold any amounts which may be due the Contractor without waiver of any other remedy or damages available to the School District at law or equity.
    SCHOOL DISTRICT BREACH:
    In the event of a breach of contract by the School District, the Contractor shall notify the School District in writing within 30 days of any breach of contract by the School District. Said notice shall contain a description of the breach. Failure by the Contractor to provide said written notice shall operate as an absolute waiver by the Contractor of the School District’s breach. In no event shall any breach on the part of the School District excuse the Contractor from full performance under this contract. In the event of breach by the School District, the Contractor may avail itself of any remedy at law in the forum with appropriate jurisdiction; provided, however, failure by the Contractor to give the School District written notice and opportunity to cure as described herein operates as a waiver of the School District’s breach. Failure by the Contractor to file a claim before the appropriate forum in Arkansas with jurisdiction to hear such a claim within one (1) year of the written notice of breach shall operate as a waiver of said claim in its entirety. It is agreed by the parties that this provision establishes a contractual period of limitations for any claim brought by the Contractor.
     
    AWARDING:
    The Board will meet at 6:00 p.m., June 15, 2021 at which time recommendations will be presented. The contract will be awarded to the lowest responsive and responsible bidder or bid/offer per category most advantageous to the District with the remainder 15% open bid.
     
    This contract will be awarded in the best interest of Harrison School District after considering all criteria listed. The right to reject any and all offers is maintained by the Harrison School District.
     
    Vendors will be contacted by letter as to the results of the Board decision.
    We look forward to hearing from your company.
     
    Sincerely,
    Jonathan Dove, Child Nutrition Manager