Instructions to Proposers

Oregon Child Nutrition Coalition

May 17, 2012

Bid Title: Food Products and Non-Food Supplies

Requirements Request for Proposal 2012-2013

Oregon Child Nutrition Coalition

RFP Calendar

Issue Date May 17, 2012

Pre-Bid Meeting, SYSCO Portland, 10 am May 18, 2012

Errors and Clarifications Due, 4 pm May 23, 2012

Pre-qualification - Financial Information Due May 24, 2012

Final Addenda Issued May 30, 2012

Notification of Financial Qualification June 4, 2012

RFP Due, 2 pm, PDT, Tigard-Tualatin Schools June 18, 2012

RFP Opening, 2:25 pm, PDT, Tigard-Tualatin Schools June 18, 2012

Notice of Intent to Award June 22, 2012

Award by Individual Districts beginning June 29, 2012

RFP start date August 20, 2012

RFP renewal date August 1, 2013

All documents will be posted at:

http://web.me.com/janet.beer/OCNC/Purchased_RFP_2012-2013.html

Invitation to Bid: Your firm is invited to submit a proposal to provide Food Products and Non-Food Supplies for the 2012-2013 school year with four optional annual renewals through the 2016-2017 school year for the Oregon Child Nutrition Coalition. Enclosed are instructions and bidding conditions.

The Oregon Child Nutrition Coalition herein called the "OCNC," is a non-profit corporation providing food and supply purchasing services to its members, which include non-profit food service departments of public and private school districts and other educational non-profit institutions in the State of Oregon. A complete listing of the members of the OCNC is on Attachment C.

The OCNC seeks a proposer to supply food and non-food supplies to its members. Only one proposer will be awarded a contract for this bid. The proposer will supply goods pursuant to purchase orders placed by the individual members, who will solely be responsible for payment. Delivery of goods is to the sites of the individual members.

Proposers must bid a price, which includes delivery in the form of a cost (manufacturers cost including freight minus a bid allowance or deviation) plus a fixed fee. The selected proposer may alter the cost element monthly (but not the fixed fee) in response to changes in actual cost. The fixed fee is annually adjusted upon renewal according to the specified consumer price index.

Proposals will be received for consideration by the Oregon Child Nutrition Coalition until 2:00 pm, Pacific Daylight Time, Monday, June 18, 2012, at the Tigard-Tualatin School District Administrative Office, 6960 SW Sandburg Street, Tigard, Oregon 97223.

Proposals will be opened at 2:25 pm on the same day at which the names of the respondents will be publicly read. Proposals shall remain confidential until the Notice of Intent to Award is issued on June 22, 2012 at which time they will be available for public inspection by calling Janet Beer, 503-747-0194 or emailing .


RESERVATIONS:

The OCNC herein expressly reserves the rights:

1. to reject all offers;

2. to waive any and/or all irregularities in the RFP’s submitted if deemed

not to be material;

3. to select the proposal that appears to be in the best interest of OCNC;

4. to reject any proposal not in compliance with prescribed public bidding

procedures and requirements pursuant to ORS 279;

5. to change specific products being purchased as a result of the product being

discontinued, the product no longer qualifying as the needed meal component or

the product being reformulated to meet the requirement’s of HHFKA.

PRE-QUALIFICATION REQUIREMENT

All proposers must provide the following financial information to the accounting firm of RAS Group, LLC, attention: Anthony, 12700 SW 72nd Avenue, Tigard, Oregon, 97223 on or before May 24, 2012. All requested information shall be used by RAS Group to assess the financial stability and viability of the proposer to fulfill the proposed contract and shall be considered private, non-public and will not be disclosed. Proposers may contact RAS Group, (503) 620-2632 for assistance in providing acceptable documents. Failure to submit required information by May 24, 2012 shall disqualify proposer.

3 years balance sheets

3 years income statements

3 years statement of cash flow

3 years audited financial statements (if available)

Signed representation letter (Attachment H)

INSTRUCTIONS

1. DOCUMENT SUBMITTAL

Three hard copies and 2 electronic copies of all proposals shall be in sealed in opaque envelopes, delivered on or before 2 pm, PDT, June 18, 2012, and addressed to:

Janet Beer, RD

Oregon Child Nutrition Coalition

c/o Tigard-Tualatin School District

6960 SW Sandburg Street

Tigard, Oregon 97223

The envelope must be clearly marked on the outside:

FOOD PRODUCTS AND NON-FOOD SUPPLIES PROPOSAL

RFP Opening Date: Monday, June 18, 2012

RFP Opening Time: 2:25 pm, Pacific Daylight Time

2. SIGNATURES

Proposal quotations and signatures must be submitted on Attachment A provided

in these specifications and shall be signed with ink or indelible pencil as follows:

a. In the case of an individual proposer, by such individual proposer.

b. In the case of a partnership, the name of the partnership must appear on such proposal and it shall be signed in the name of such

partnership by at least one partner. In addition to such signature, the names of all partners shall be stated in such proposal.

c. In the case of a corporation, the corporate name shall be subscribed by the president or other managing officer, and there shall be set forth under the signature of such officer the name or the office he holds or the capacity in which he acts for such corporation.

3. ERRORS AND CLARIFICATION

Any proposer who finds errors, needs clarification, or who wishes to protest any aspect of this RFP document must send written questions to the above RFP address or must email them to not later than 4 pm, May 23, 2012. Written responses will be posted on the OCNC web site at http://web.me.com/janet.beer/OCNC/Purchased_RFP_2012-2013.html and emailed to all individuals and companies currently on the OCNC vendor list in the form of an addendum not later than May 30, 2012. All addenda must be acknowledged on Attachment B. OCNC is not responsible for any alleged explanation, clarification or interpretation made or given in any manner except by addenda.

4. RFP PREPARATION

No erasures are permitted. Mistakes may be crossed out and corrections made adjacent but must be initialed in ink by the person signing the proposal. It is the proposer’s responsibility to verify offer before submission. Offers cannot be withdrawn for 30 days after the RFP due date.

5. TIME

Proposals will not be considered if filed after the time specified in the advertisement and announcement calling for bids. It shall be the proposer’s sole risk to assure delivery to the designated location by the designated time.

6. BONDS

Neither bid nor performance bonds will be required.

7. MINIMUM PERCENT OF ITEMS BID

Estimated quantities on the product description sheets are identified. Proposers must bid on 100% of items listed. Proposers are to submit a list on Attachment J with their proposal identify all items that are special order indicating the lead times and minimum orders required to receive product.

8. ESTIMATED VOLUME OF PRODUCTS TO BE PURCHASED

The estimated number of units to be purchased of each item as presented on the RFP is based on historical data from all member districts. The number represents "best estimates" only, and does not constitute or imply any commitment by the OCNC members as to the maximum or minimum volume of units to be purchased under this bid. Should the quantities of any of the items be increased, the proposer shall furnish the additional items at the unit prices quoted, and should the quantities be decreased, payment will be made on the actual quantities ordered and received at the unit price. The proposer will make no claim for anticipated profits or additional compensation of any increase or decrease in quantities. These estimated figures are to be used only for determining the approximate total of the proposal. Estimates may be affected by prices offered, changes in the USDA meal pattern, and USDA Foods allocations.

Through out the term of the RFP new products will be added, and original products deleted from the specification list. If volumes are sufficient, proposer is to request bid pricing from the manufacturer. Proposer is to quote fixed fees for added items on attachment F. In the event members estimate they will purchase 400 cases or more of an item per school year the proposer will be requested to bring that product in to stock.

Through out the term of the RFP the manufacturers may reformulate products. In the event the co-op accepts the new product the fixed fee shall remain the same as the original product unless the cost has increased or decreased by more than 5%. If the cost has increased or decreased by more than 5% the new product fixed fee shall follow the same pricing guidelines as new products.

9. STANDARD OF QUALITY

All products are in one of three groups.

The first is distributor’s choice. Any manufacturer’s product that meets the description will be acceptable. OCNC reserves the right to request alternate products if the awarded product is deemed not acceptable. It is understood that the proposer will provide the highest acceptable quality of product and the best possible price.

The second category is private label. These products are classified as first quality, second quality or third quality. Manufacturer’s name and code number must be included in the proposal for all private label items. Proposer must submit a list of labels and their quality definitions.

The third group is manufacturer defined. These products have specific brand names and manufacturers' numbers. These products were pre-qualified by the OCNC by nutritional parameter screening and taste tests. Items that are bid that are not pre-approved will not be accepted. The proposer may select which product to offer only from the specifically named products.

However, if proposer, manufacturer or broker has an alternate product they wish to offer that has not been through the pre-qualification process or that is not listed indicating that it failed the pre-approval process they may submit a request for consideration of that product by sending an email with the RFP identification number, nutrition facts label, ingredient list, manufacturer’s product formulation statement or CN label if appropriate to not later than May 23, 2012. If a product is approved notice will be given to all proposers on May 30, 2012.

10. PACKAGING

The number of units per package specified herein is not a firm requirement. Proposers may propose other packaging. Proposers shall clearly indicate the number of units per package on the RFP form if different than originally specified. Proposer shall adjust the cases to be purchased for the year to yield the same number of serving portions when extending the total dollars.

12. PRICE

The price for each item shall include delivery to the OCNC member's delivery sites. Bid price offered shall represent the proposer's price (cost including freight, minus bid allowance or deviation) per unit, plus the fixed fee. Prices on the Product Specification List are to be in the 40-75 cases per delivery bracket. Extension for all line items must be shown where required on the RFP. Cases, if packed differently than specified, are to be adjusted to yield the same number of servings. Extended Grand total for all products is to be recorded on the last page.

13. BRACKETS

Prices are to be offered in brackets based on quantity ordered. Brackets are to be from 40 to 75 cases, from 76 to 150 cases, from 151 to 300 cases from 301 to 500 and 501 plus. Proposer must identify the percentage discount, if any, for each bracket more than 75 cases will receive. Such notation is to be recorded on Attachment F.

14. PRICE ESCALATION & DE-ESCALATION

OCNC encourages all proposers to quote prices on the basis that they will be increased or decreased as the market costs change. Changes in prices may not occur more than once per calendar month with the exception of Market Priced Items (number 32.) Web based order guides must contain current valid prices. It is the expectation of the OCNC that the fixed fee will not change during each school year but that the manufacturer’s cost may vary.

15. ANNUAL ADJUSTMENT OF FIXED FEE

Renewal of the contract will be considered in March of each year. Upon renewal of this contract, the fixed fee will be increased or decreased based on the CPI for all Urban Consumers as listed the previous July and the current January on the CONSUMER PRICE INDEXES, PACIFIC CITIES AND U.S. CITY AVERAGE for the city of Portland, Oregon. Fixed fee changes will be effective August 1 of each year. All bid pricing, agreements, bill backs and deviations are to be in place by August 1 for each renewed year.

In the event there is an extraordinary increase in the cost of production or delivery (a major increase in the cost of fuel, for example) the manufacturer may petition for an increase in the fixed fee prices. OCNC shall be the sole judge of the merits of this request.

16. ADDITION OF INCIDENTAL NON-BID ITEMS

OCNC members may elect to purchase from proposer additional food and supply items not priced in the bid. Such items may be stock or non-stock items. Prices shall not exceed proposer's actual cost including freight (which actual cost shall not to exceed the market price) and a fixed fee. The fixed fee for non-listed items shall be recorded on Attachment F.

17. FEDERAL, STATE AND LOCAL REGULATIONS

All items delivered to the OCNC members shall conform to applicable requirements of federal, state, or local statues and/or regulations.

18. INSURANCE REQUIREMENT

The contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. Proposer must also carry at least $1,000,000 general liability insurance.

19. EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT

By submitting this bid, the proposer certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statues and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon State Governments, having responsibility for the enforcement of such laws, shall be supplied to the OCNC upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders.

20. OREGON PRODUCTS AND BUY AMERICA CLAUSE

Pursuant to ORS 279.021, goods manufactured or produced in Oregon shall be preferred if price, fitness, availability and quality are otherwise equal. Pursuant to USDA guidelines, a preference for United States-grown product and United States-processed foods will be given when economically feasible.