RFPS MUST BE SEALED & ADDRESSED TO:
CESA Cooperative Purchasing448 E High Street
Milton WI 53563 / INSTRUCTIONS
This request for proposal(RFP) form (page 1) must be completed, typed or in ink, signed and returned. RFP envelope must be sealed and plainly marked with due date, time and RFP number. Late respondents will be rejected. Email response is sufficient for the pricing spreadsheet. See spreadsheet for details. The bidder information sheet (page 15) shall also be returned.
THIS IS NOT AN ORDER
REQUEST FOR PROPOSAL #CPM-1011 / RFPsreceived in another office will be rejected. Receipt of a RFP by the mail system does not constitute receipt of a RFP by the purchasing office. Any RFP which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. RFPs must be submitted separately, i.e., not included with sample packages or other RFPs.
Bidder Name & Address: / RFP openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the RFP record. RFPs shall be firm for acceptance for sixty (60) days from date of RFP opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.
/ DUE DATE and TIME:
Monday, June 7, 2010 12:00 PM Central / Purchasing Agent:
Lisa Stahl
608-758-6232 x332
Award notification date: Monday, June 14, 2010
Description
FLUID MILK AND DAIRY PRODUCTS to be delivered to member districts of the CESA Cooperative Purchasing Program per the attached Conditions of RFP and specifications on the RFP forms.
Order period: July 1, 2010 through June 30, 2011 with four (4) possible one (1) year renewal options.
Notice: Quantities shown on the RFP sheets are estimated quantities based on usage during an academic school year (July 1 through June 30). They are strictly for RFP evaluation purposes. Actual quantities will be determined by the Cooperative at the time of order placement.
Unit prices quoted should be for the unit of purchase as shown in the quantity and unit column i.e., lb., cs. It is the Bidder’s responsibility to read and note the Special Conditions of the RFP. Failure to do so does not exempt the Bidder from complying with those conditions. Bidders shall complete and return this form and two (2) copies of the Itemized RFP List.
Payment Terms / Delivery Time
We claim minority Bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Development (DOD). If you have questions concerning the certification process, contact DOD, 8th Floor, 123 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing RFPs
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We are a sheltered work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Sheltered Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
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Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our RFP were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes No Unknown
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In signing this RFP we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit anRFP; that this RFP has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this RFP has not been knowingly disclosed prior to the opening of RFPs to any other Bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for RFP and all terms of our RFP.
Name of Authorized Company Representative (Type or Print) / Title / Email / Phone ( )Fax ()
Signature of Above / Date / Federal Employer Identification # / Social Security No. if SoleProprietor (Voluntary)
CESA Cooperative Purchasing #CPM-1011Page 1
SPECIAL CONDITIONS OF RFP
1.SCOPE
Furnish fluid milk and dairy products as listed on the Itemized RFP List attached and like items for the specific member districts of the CESA Cooperative Purchasing Program. Each interested school shall provide an individual list of items requested and delivery points and expectations. All products shall be furnished in accordance with the specifications and provisions embodied in this inquiry.
All correspondence regarding this RFP must refer to #CPM-1011. After an award is made any correspondence, documents, price information, etc. concerning this contract must include this RFP number and must be sent to the Cooperative Purchasing Office to be acknowledged. No revisions to this RFP may be made unless in the form of an official addendum issued by the Cooperative Purchasing Office.
2.PARTIES TO THE CONTRACT
The contract shall be between CESA Cooperative Purchasing (CESA #2), on behalf of member school districts, known as the "Cooperative" and the successful Bidder known as the "contractor" for the provision of dairy products according to the terms set forth herein. The Director of Cooperative Purchasing, Lisa Stahl shall be the representative of the Cooperative responsible for the administration of the contract and referred to herein as "the contract administrator".
Only the member school districts listed in the RFP excel file shall be eligible to purchase from this contract. Member districts may evaluate the program and shall be eligible to purchase in option years upon agreement between CESA, member district and contractor.
3.CONTRACT TERM
Contract term shall be for the period July 1, 2010 through June 30, 2011 with four (4) possible one (1) year extension options. Thus, the contract may be for a maximum of five (5) years.
3.1Automatic Renewal Clause
This contract shall automatically be extended into each of the successive four years unless the Cooperative Purchasing Office is notified, in writing, by the contractor, or notifies the contractor, in writing, sixty(60) days prior to expiration of the initial and/or succeeding contract period of intent to not renew.
3.2The Cooperative reserves the right to discontinue this contract, in whole or in part, without penalty due to non-appropriation of funds, non-approval of price changes, or failure of the contractor to comply with the terms, conditions, and specifications of this contract.
3.3CESA shall use contractor performance as a basis in the decision to either continue or to terminate and re-bid this contract.
4.CONTRACT CANCELLATION
This Contract may be terminated by either party for the following conditions:
4.1Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing via certified mail of such failure and demand the problem be remedied within three (3) calendar days. Should the defaulting party fail to remedy the same with said period, the other party shall then have the right to terminate this Contract by giving the other party 15 days written notice. Performance failure can be defined as, but not limited to, frequent substitutions, failure to communicate with Cooperative personnel, improper invoicing (auditor’s questions), or failure to provide any of the conditions of the specifications or conditions of RFP.
4.2If at any time a petition in bankruptcy shall be filed against the contractor and such petition is not dismissed within 90 days, or if a receiver or trustee of contractor’s property is appointed and such appointment is not vacated within 90 days, the Cooperative shall have right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 days notice in writing of such termination.
5.DELIVERY POINTS
Deliveries will be required to the cooler in the locations specified by the member districts.
Minimum delivery charges or stop charges are not acceptable and RFPs for any item so designated may be rejected. Authorized member district personnel must sign all delivery invoices.
6.DELIVERY FREQUENCY AND QUANTITIES
All deliveries will be FOB destination cooler with stock rotated by contractor. The contractor will pick up any outdated product and issue a credit for product returned. Standard delivery days will be as outlined by individual member schools. Should an emergency situation occur the contractor should contact the purchasing locations prior to 8:00 a.m. for late delivery approval. Phone numbers will be provided upon award of contract.
Delivery service is required to be available five (5) days per week for emergency deliveries which may become necessary.
Quantities listed are annual total estimates based on usage during an academic school year (July 1st throughJune 30th). Contractor should be advised that member district requirements vary drastically during break periods. School calendars will be provided upon award of contract. Be aware that some districts require summer deliveries.
Member districts will, whenever possible, give the contractor advance notice when usage of a particular item substantially increases from the amount specified, or what the norm has been for the RFP period.
Delivery requirements will be determined weekly for specified delivery locations at the member districts. See the Excel spreadsheet for individual member locations and delivery requirements.
The quantity of each product delivered shall not exceed, or fall short, of the quantity ordered by more than five percent (5%). The receiving location may, at its option, reject such portions of a shipment that exceed five percent (5%) of the amount ordered. Items short more than the allowable five percent (5%) will be subject to non-delivery penalty (Section 8).
The Child Nutrition and WIC Reauthorization Act of 2004 states:
SEC. 102. NUTRITION REQUIREMENTS
Section 9(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)) is amended by striking paragraph (2) andinserting the following:
(2) FLUID MILK.—
(A) IN GENERAL.—Lunches served by schools participating in the school lunch program under this Act—
(i) shall offer students fluid milk in a variety of fat contents;
(ii) may offer students flavored and unflavored fluid milk and lactose-free fluid milk; and
(iii) shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk.
Therefore, schools must offer students milk with at least two levels of fat content. All schools need to have a supply to meet the requirement needs.
In addition to the Federal Milk Program, Wisconsin has a School Day Milk Program. One of the qualifications for reimbursement under the Wisconsin program is that the milk is produced in Wisconsin. Please state in your response to the RFP if milk is produced in Wisconsin or another state. See the Wisconsin Department of Public Instruction website for details. Not all districts participate in this program.
Minimum orders or delivery charges are not acceptable.
An itemized packing slip and/or invoice must be provided to receiving personnel at the time of delivery. The receiving personnel shall inspect items at the time of receipt, noting any discrepancies or visible damage on the contractors delivery receipt. Discrepancies or damages noted must be initialed by the contractor’s delivering agent. When satisfied that the shipment is in proper order and/or all discrepancies have been properly noted and initialed, the receiving person shall sign the contractor’s delivery receipt and keep one copy.
The member districts reserve the right to reject all or part of a delivery.
7.EMERGENCY PRODUCT SUBSTITUTIONS AND OUT OF STOCK ITEMS
Product substitutions may be made upon mutual agreement of contractor and member district prior to shipment. Such substitutions shall be made only by furnishing an equal or better quality and/or grade product than originally specified at no additional cost to the member district.
The contractor shall notify the member district by telephone twenty-four (24) hours (minimum) prior to delivery as to any ordered item indicated as out of stock or shorted. Substitute equivalent products shall be offered to the member district by the contractor when out of stock product situation occurs. Failure to provide substitute equivalent or better products for “out-of-stock” products shall subject the Contractor to the non-delivery penalty.
Invoices to denote all items and quantities as ordered. Any shorted items to be noted as “out of stock”.
8.NON-DELIVERY PENALTY
The contractor shall notify the member district by telephone a minimum of twenty-four (24) hours prior to delivery as to any ordered item being out of stock or shorted. Balance of incomplete deliveries may be cancelled. Shorted items that cannot be supplied by the contractor by date required may be purchased elsewhere by the member district. The contractor shall be liable for the difference in cost between the contract price and the price of such emergency purchases.
To liquidate the effect of such costs, the contractor agrees that such costs may be deducted from invoices payable to the contractor. Any amount outstanding over and above the amounts deductible from invoices will be promptly tendered by check by the contractor to the member district.
9.EQUIPMENT TO BE PROVIDED BY THE CONTRACTOR
9.1The contractor shall provide cooling units that are in good condition and as described by member district specification sheet. These cooling units shall remain the property of the contractor, and all repairs and/or service required for these cooling units shall be the responsibility of the contractor.
9.2The member districts shall provide electric wall outlets, 115 volts, single phase, 60 cycle, and the electricity for the operation of these dispensing units.
9.3The size of the dispensing units must conform fairly close to the models specified herein. The appearance of the units shall be acceptable to the district representative. The member districts reserve the right to approve all equipment prior to installation. Units must be free of rust, corrosion and scratches.
9.4It is not the intent of the Cooperative to dictate the exact equipment required; however, the following guidelines are set forth.
9.4.1Cooling units shall operate with their own electric refrigeration unit sufficient to maintain the beverage at 35˚. Bidders shall indicate the type of dispensing units they propose to furnish, with a brochure and/or description of the units to be included with their quotation.
9.4.2The cooling units shall be designed for ease of cleaning and sanitizing.
9.4.3Gravity Flow dispensing units shall accommodate 5-gallon single service box and bag containers. The contractor is to supply new and clean plastic keeper cases with lids to hold the milk in an upright position in the milk dispensing units.
9.5The contractor is to perform regular, routine maintenance of all operating parts which shall include cleaning of the coils on an as needed basis, but at least one time per year.
10.GRADE AND REGULATIONS (QUALIFIED PRODUCTS)
Fluid Milk and Dairy Products furnished hereunder shall be Grade A and shall be produced in accordance with all applicable Federal and State Regulations. Products shall also meet the requirements of the Wisconsin Administrative Code, Rules of the State Department of Agriculture and/or City Health Department (if applicable) and be produced in accordance with the rules of, and certified by the State Division of Health. Those establishments outside the State of Wisconsin need to be licensed and inspected by the appropriate state authority. Merchandise delivered must be guaranteed to comply in all respects to all applicable Federal Pure Food Laws and Regulations, and Wisconsin Laws.
11.PACKAGING, LABELING, AND DATE CODING
Products shall be labeled and packaged in accordance with the Wisconsin Administrative Code, Chapters Ag. 80.08, Ag. 80.15, Ag. 80.16 and shall be furnished as stated on the attached RFP forms. Packages found to be leaking, shall be held for credit or exchange. The Cooperative or member districts, as their option, may request that the Wisconsin Department of Agriculture, Weights and Measures Division, inspect any packages of product that are suspected to be “short filled”. Should any product be judged to be “short filled” the contractor shall replace or financially reimburse the member district for all such delivered product.
All products furnished shall be dated with the last date product may be sold. Products shall have minimum of seven (7) days shelf life at the time of delivery. If product dating is coded, the coding key shall be furnished to eachmemberdistrict.
12.PRODUCT IDENTIFICATION