A. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. GENERAL INFORMATION
Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions.
Changes to this invitation for bid may be made only by written amendment issued by the Sysco Southeast
Florida. Bidders are further advised to closely examine every section of this document, to ensure that all
sequentially numbered pages are present, and to ensure that it is fully understood.
Questions or requests for explanations or interpretations of this document must be submitted to the Multi Unit
Sales Department contact in writing in the time period as indicated on the bid cover sheet to permit a written
response and, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions
given by any Sysco Southeast agent are not binding and should not be interpreted as altering any provision of
this document. Bidder certifies that this bid is made without reliance on any oral representations made by the
2. LEGAL REQUIREMENTS
a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a
cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local
building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all
products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid
meets all ANSI, NFPA and all other Federal and State requirements. Bidder further certifies that, if it is the
successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned
requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be
borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this
bid shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial
Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful
bidder and Sysco Southeast Florida for any terms and conditions not specifically stated in the Invitation for Bid.
b. DISCRIMINATION PROHIBITED: Sysco Southeast Florida is committed to assuring equal opportunity in the award
of contracts and complies with all laws prohibiting discrimination. The successful bidder is prohibited from
discriminating against any employee, subcontractor, or client because of race, color, religion, disability, sex, age,
national origin, ancestry, marital status, sexual orientation, or gender identity and expression.
c. NON-COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful,
unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other
bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid,
quotation, proposal or other act incident to doing business with Sysco Southeast Florida may result in
permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any
delivery of material or provision of services. Any such violation may result in award cancellation, return of
materials, discontinuation of services, and removal from the vendor bid list(s).
d. U. S. DEPARTMENT OF AGRICULTURE DEBARMENT AND SUSPENSION: . No vendor shall be allowed to participate
in any procurement activity if any federal department or agency has debarred, suspended, or otherwise excluded
that vendor from participation in a procurement activity.
e. SUBMISSION OF RESPONSES: It is required that all bid responses must be submitted on the provided “Product
Information Document" both a hard copy per bid line item and in electronic form on a CD Disk. Bid responses
on vendor letterhead/quotation forms shall be accepted, providing that all information listed on the “Product
Information Document” is included and completed. Responses must be typewritten or written in ink, and
must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO
SIGN THE PRODUCT INFORMATION DOCUMENT FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR
REJECTION OF THE BID.
Responses are to be delivered sealed to Sysco Southeast Florida no later than the time indicated on the solicitation
cover sheet to be deemed eligible for bidding.
3. PRICING All product pricing information must be submitted on the “Product Information Document” or the bid
item will rejected. There are two bids attached –ANNUAL-pricing is held for the term of the bid June 15,2010
thru June 30,2011 and BI-ANNUAL- pricing is held from June 15, 2010 thru December 31, 2010 at which time the
items on the BI- ANNUAL bid will be rebid for the remaining bid period January 1,2011 thru June 30,2011.
Please be sure to check all product category tabs at the bottom of each sheet
a. PRICES: Prices offered must be the price for new merchandise and free from defect. Unless specifically
requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected.
The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1)
space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall
result in the rejection of your bid. All unit prices bid should be within four (4) decimal points. If bidder’s pricing
exceeds four (4) decimal points, Sysco Southeast reserves the right to round up or down accordingly. Bidder
warrants by virtue of bidding that price shall remain firm for a period of specified on the “Product Information
Document” and warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent
term unless modified by a special condition. In the event of mathematical error(s), the unit price shall prevail
and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE
INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECTION IS NOT PROPERLY INITIALED,
OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED.
b. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should
mark those items as "no bid". If some items are to be offered at no charge, bidders should mark those items as
"no charge." Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated
Bidders who do not wish to submit bids on any item in this solicitation, should return a "Statement of No Bid" in
an envelope plainly marked with the bid number and marked "NO BID".
c. ACCEPTANCE/REJECTION OF BIDS: Sysco Southeast Florida reserves the right to accept or to reject any or all
bids. Sysco Southeast also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2)
reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar
nature, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in
order to make a determination as to its ability to perform.
B. PRODUCT REQUIREMENTS
1. APPROVED BRANDS: Only the "approved brands" listed in this bid will be considered for award purposes.
Alternate package sizes may be bid but the School District reserves the right to reject. The School District will not
purchase any samples and will not assume any cost incidental thereto.
Where “Acceptable Equal” is noted in the body of the document and an “equal” is bid, the School Food Service
will evaluate the supplied nutritional information (Please refer to Essential Requirements, C) for integrity, and
sample product (if requested) to determine if the proposed “equal” product complies with the nutritional and
product quality standards set by School District of Palm Beach County Food Service Department. Any deviation
from the approved product Integrity may be cause for product rejection including, but not limited to, nutritional
veracity, preparation instructions, acceptability to students, and flavor profile. Vendors bidding a product as an
“acceptable equal” may be asked to supply a sample at no charge to the School District. Samples must be received
within three business days of request. Each individual sample must be accompanied by the “Essential
Requirements” per Section C.
2. INGREDIENTS: The School District of Palm Beach County reserves the right to award or not award items that
contain any of the ingredients listed below. The School District of Palm Beach County discourages the use of these
a. Mono-Sodium Glutamate-MSG
b. High Fructose Corn Syrup, HFCS
c. Peanuts, Peanut Protein or Peanut by products
d. Trans fatty acids/Partially Hydrogenated Oil
e. Red Dye #40
f. Yellow Dye # 5
3. ACCEPTANCE SERVICE AND GRADING CERTIFICATES: An item requiring USDA Inspection/Acceptance Service, a
USDC Continuous Inspection Program Service or a grade certificate will have a notation under the item
specification on the Bid Summary Sheet portion of the bid. When deemed necessary the School District of Palm
Beach County may require or request awarded items meet established Hazard Analysis and Critical Control
Points (HACCP) requirements. If required, each shipping case and grade certificate must be imprinted with the
Official Stamped Seal of the required Inspection/Acceptance Service. Grade certificates shall be issued for
required items to cover all shipments to the Distribution Service. The USDA Grading and Stamping shall be
completed at the Product Processing Plant when required, Destination Acceptance Service will be completed
upon arrival, and all costs for these services shall be paid by the vendor.
It shall be the responsibility of the successful vendor to supply a copy of the appropriate certificate at time of
delivery to the Distribution Service.
a. MEAT -Institutional Meat Purchase Specifications (IMPS) are commonly used in school lunch purchasing
and, insofar as practical, these numbers should show on wholesale cartons. If not, a packer must certify
to the distributor and/or user that the product meets the IMP specifications.
b. POULTRY - Poultry products must be USDA Grade A for bidding purposes herein, except as indicated
otherwise. The USDA grade must be identified by a shield on the carton.
c. FISH -Raw fish as specified herein must bear the PUFI (Packed Under Federal Inspection) shield.
Breaded products must bear either a PUFI or JUSDC (Department of Commerce) grade shield.
Exceptions are as follows:
Raw fresh-water fish (i.e., catfish) which are not normally packed under federal inspection are exempt.
Packers of breaded fresh-water fish must provide a certificate to show that their breading specifications
conform to the requirements of the buyer.
d. EGGS -All eggs shall meet standards established by the USDA and/or State of Florida Poultry Laws. Each
box shall bear the USDA Inspection Shield or the Florida Department of Agriculture Inspection Shield.
Each lot for delivery shall be inspected within 72 hours prior to delivery. Each case shall be securely
sealed with tape.
e. FROZEN VEGETABLES -Grading Certificates may be required at the discretion of the School Food Service
Department at no cost to the School District. For the purposes of this bid Document the definition for
Grading is as follows;
Grade A is defined as the USDA Standard for Grade A in Color, Grade A in Defects, and Grade A in
Grade B is defined as the USDA standards for Grade A in Color, Grade A in Defects and Grade B in
4. THE U.S. DEPARTMENT OF AGRICULTURE’S “BUY AMERICAN” PROVISION: Section 104(d) of the William F.
Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the
National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to
purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under
a. The legislation defines "domestic commodity or product" as one that is produced in the United States
and is processed in the United States, substantially using agriculture commodities that are produced in
the United States. The word “substantially” is defined as over 51 percent of the final processed product
consists of agricultural commodities that were grown domestically.
b. Only items and/or products grown, produced and processed in the United States or its territories will
be considered for award purposes unless otherwise stated.
c. If a product is not produced in the USA, all foreign products must be submitted as an alternate and
specify country of origin. All foreign products must be inspected for wholesomeness as well as grades
and origin of product must be so noted on grade certificates. All products of foreign origin accepted on
the bid must have a pesticide analysis from a certified US Lab or Commodity Scientific Support Division
(CSSD) at no cost to the School District of Palm Beach County. If any pesticide residue is in excess of
USDA or FDA recommendation the product will not be considered acceptable. The pesticide analysis
must accompany the grade certificate and must cover all shipments.
5. PROCESSED USDA DONATED COMMODITY PRODUCTS: To be eligible to participate in Commodity Processing
portion of the Palm Beach County School District Food Bid the awardee must have an approved agreement with
the Florida Department of Agriculture before the Bid is released for public response. All prospective bidders
must provide a copy of their Florida Department of Agriculture Certification, within five days upon request, as
part of their bid response to be eligible to process USDA Commodity foods with Palm Beach County School
District for this bid period.
The USDA Donated Commodity Foods that Palm Beach County School District Food Service Department intends to further
process are listed by the donated commodity product on the Item Response Form. The majority of the Commodity
Processed line items are in place to identify a purchased product and a similar Commodity Processed product. The
successful vendor must supply the commercially purchased price and the price associated with processing the donated
commodity. These prices are then added together and totaled on the bottom of the line item. This totaled price is the
basis for award. There are a few Commodity Processed line items that are only concerned with Commodity Processed
Products and only ask for processed pricing.
The Sysco Southeast will accept pricing based on Net Off Invoice, NOI, or Modified Fee for Service upon acceptance of
billing method by School District of Palm Beach County prior to first delivery.
6. PRIOR YEAR DONATED PRODUCT: In the event that diverted raw donated product remains at an awardees
facility at the end of the bid cycle. The School Board reserves the right to process this product under the same
conditions of the prior year’s contract.
This would be considered only;
1. When agreed to by prior year awardee
2. Under the conditions of the prior bid
3. Only when the raw product has been diverted to this processor by USDA during the prior bid
C. ESSENTIAL REQUIREMENTS: All bidders are required to submit the following information
for all products.
Each product/flavor/size must be accompanied by its own “Product Information Document”.
The following required information will support the School District of Palm Beach County nutrition standards in the area
of Child Nutrition.
Forms necessary to submit with product for approval:
A. A completed Product Information Document (Attachment A.) Make copies of this document as needed.
B. Supply a Nutrition Facts Label - must include:
Serving Size including the “base” weight
C. Supply detailed Ingredient Information List, to include product size/weight
D. Completed Allergy Worksheet Response Document (Attachment B.) The Food Allergy Worksheet, Attachment B, is
a check sheet to aid in the identification of substances that could cause allergic reactions.
Failure to supply complete documentation may result in rejection of product submitted.
All items submitted MUST BE COMPLETE, LEGIBLE AND ACCURATE.
D. AWARD OF BID
1. OBSERVING THE PUBLISHED BID CLOSING TIME:
The published bid closing time shall be scrupulously observed. It is the sole responsibility of the bidder to
ensure that their bid arrives in the Multi Unit Sales Department prior to the published bid closing time. Bids are
to be sealed and delivered to Sysco Southeast Florida, 1999 Martin Luther King Blvd, Riviera Beach, Florida
33404. Any bid delivered after the precise time of bid opening shall not be considered, and shall be returned to
the bidder unopened if bidder identification is possible without opening. Bid responses by e-mail, facsimile
transmission or by telephone shall not be accepted
Bidders shall not be allowed to modify their bids after the published bid closing time and
consent to honoring the submitted conditions listed on the “Product Information
2. AWARD: Contract will be awarded to the lowest bid from a responsive, responsible bidder unless a State of Florida
or School District certified Minority/Women Business Enterprise (M/WBE) bid price does not exceed the lowest
bidder's price by an amount greater than $50,000 or 5%, whichever is less. In instances where the certified
M/WBE's price difference is greater than $50,000 or 5%, the lowest responsive, responsible bidder will be awarded
the contract and the goals shall be deemed waived.
School District of Palm Beach County will determine the winning bid.
a. The award for single line items will be based on the bidders input in “Unit of Measure” field on the
“Product Information Form”. The pricing must be in relationship to the “Quantity” line listed on the
same line item. Sysco Southeast will not recalculate pricing based on any other information included in
b. Groups: The group award is calculated on the cumulative total from all items within the group. The
group award will be based on the “Unit Price” field of “Total Group Price” line item. The Total Group
Price line item will indicate the lines contained within that group, but, will not tabulate the group price.
The group price must be input by the bidder and must reflect the line item pricing input for that group.
The pricing must include the cumulative of all unit prices for the group regardless of the “Quantity” of the
individual line items. All fields of every line item in the group must be completed to be awarded. Sysco
Southeast will not recalculate pricing based on any other information included in the response. It is also
required that the bidder carefully considers each item, and make sure that each one meets the
specifications as indicated. In the event that one item does not meet such specifications, the entire
group bid will be disqualified.
c. Sysco Southeast reserves the right to use the next lowest bidder(s) in the event :
a. The original awardee of the bid cannot fulfill their contract, subject to the terms and conditions of
this bid award as provided herein, or,
b. Minimum order quantity is deemed to be excessive by the Sysco Southeast.
c. Vendor fails to abide by supplied information in the “Product Information Form”
Palm Beach County School Foodservices reserves the right to reject any bid based on the following criteria.
1. Product portion price.
2. Nutritional veracity
3. Preparation Instructions
4. Acceptability to students
5. Flavor Profile
B. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, on the web
site of the Purchasing Department of the Palm Beach County School System prior to final approval, and shall remain
posted for a period of 72 hours. Bidders desiring a copy of the bid can view and download a copy at the Palm Beach
County School Districts web site,
C. PROTEST PROCEDURE: Protests must be submitted in writing, addressed to the Director of Multi Unit Sales, via
hand delivery, mail or fax to 561-882-2294. Protest must identify the solicitation, specify the basis for the protest,
and be received by the Sysco Southeast Multi Unit Sales Department within 72 hours of the posting date of the
recommended award. The protest is considered filed when it is received by Sysco Southeast Multi Unit Sales
D. DEFAULT: Sysco Southeast may, by written notice of default to the successful bidder, terminate the contract in
whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant
bid, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or
resultant contract, or provides repeated nonperformance, or does not remedy such failure within a period of 10
days. In the event Sysco Southeast terminates this bid in whole or in part because of default of the successful
bidder, Sysco Southeast will procure goods and/or services similar to those terminated, and the successful bidder
shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not
in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault
or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section
“D Paragraph E”, "Termination for Convenience".
E. TERMINATION FOR CONVENIENCE: The Director of Multi Unit Sales may, whenever the interests of the School
District of Palm Beach County so require, terminate the bid, in whole or in part, for the convenience of School
District of Palm Beach County. The Director of Multi Unit Sales shall give five (5) days prior written notice of
termination to the successful bidder, specifying the portions of the bid to be terminated and when the termination
is to become effective. If only portions of the bid are terminated, the successful bidder has the right to withdraw,
without adverse action, from the entire bid. Unless directed differently in the notice of termination, the successful
bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent
specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful
bidder shall terminate outstanding orders and/or subcontracts related to the terminated work.