REQUEST FOR BID

IMPORTANT NOTE: For the attachment with this bid, contact Cindy Carusi at

207-581-2696

UNIVERSITY OF MAINE

PURCHASING DEPARTMENT

ORONO, MAINE 04469-5765

The University of Maine System, acting through the University of Maine, is seeking bids for a contract for the purchase of bread, rolls, and bakery products for its Dining Service Operations.

1.0 GENERAL INFORMATION

1.1 Definition of Parties: The University of Maine will hereinafter be referred to as the "University." Respondents to the RFB shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."

1.2 Award: It is the intent of the University to award this bid all to one vendor. The University reserves the right to conduct any tests it may deem advisable, and to make all evaluations. The University reserves the right to reject any or all bids, in whole or in part, and is not necessarily bound to accept the lowest bid if that bid is contrary to the best interests of the University. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University will not be considered in the evaluation of bids. A bid may be rejected if it is in any incomplete or irregular. When there are tie bids, there shall be a preference for “in-state bidders”. When tie bids are both in-state or both out-of-state, the award will be made to the bid that arrives first in the Purchasing Department.

1.3 Evaluation: Award will be made to the low bidder provided that all other requirements are satisfactorily met. However, consideration will be given to delivery, references, and quality of products offered.

1.4 Samples: Samples are not required at the time of bid opening. Samples may be selected by the University prior to an award. Samples shall be exact and true representatives of the material offered. Each sample shall be properly tagged or labeled with the name of the bidder, the bid opening date, and the specific commodity or item number. Samples shall be provided at no cost to the University. In the event the delivered product fails to conform to the sample provided, the Contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the contract requirements at no additional cost to the University.

1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFB that is not understood. Responses to inquiries, if they change or clarify the RFB in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFB. Addenda will also be posted to our web site, www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.

Inquiries must be made to: Anne-Marie Nadeau

Purchasing Department

University of Maine

5765 Service Building

Orono, Maine 04469-5765

(207) 581-2690

1.6 Bid Understanding: By submitting a bid, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.

1.7 Bid Envelope: If a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid should be returned in an envelope or package, sealed and identified as follows:

From ________________ __________ __________ __________

Name Due Date Time Bid No.

1.8 Award Protest: Bidders may appeal the award decision by submitting a written protest to the director of Purchasing within five (5) business days of the award notice, with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge.

1.9 Submission: A signed original plus two (2) copies of the bid must be received at the University Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, no later than 2:00 P.M. local time Monday, November 22, 2004, for a public opening. Bidders are strongly encouraged to submit bids in advance of the due date to avoid the possibility of missing the 2:00 deadline due to unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of bid. Bids must be date and time stamped by the Purchasing Department on time to be considered. In the event that the University is closed due to inclement weather at the time that a bid is due, the bid will be opened at the same time on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Bids received after the due date and time will be returned unopened. Additional time will not be granted to any single vendor, however, additional time may be granted to all vendors when the University determines that circumstances require it. FAXED BIDS OR E-MAIL BIDS WILL NOT BE ACCEPTED.

1.10 Debarment: Submission of a signed bid in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.

1.11 Bidders must submit a current store wholesale pricelist with bids.

2.0 CONTRACT TERMS

2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the Request for Bids, the signed bid submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.

2.2 Assignment: Neither party of the Contract shall assign the Contract without the prior written consent of the other, nor shall the Contractor assign any money due or to become due without the prior written consent of the University.

2.3 Cancellation of Contract: The University reserves the right to cancel the contract with thirty (30) days written notice or to cancel contracts immediately if the contractor does not conform to the terms and conditions of the contract. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.

2.4 Contract Administration: The University of Maine Student Auxiliary Services Purchasing Manager, Larry Violette, shall be the University's authorized representative in all matters pertaining to the administration of this contract.

2.5 Clarification of Responsibilities: If the Contractor needs clarification of or deviation from the terms of the contract, it is the Contractor's responsibility to obtain written clarification or approval from the Contract Administrator.

2.6 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.

2.7 Contract Term: The contract term shall be for a period of 1 year commencing upon January 1, 2005. With mutual written agreement of the parties this contract may be extended for 2 additional one-year periods.

2.8 Bid Prices: The bid shall be in the form of a firm price for each line item during the contract period. The bid price shall include charges such as installation, shipping, insurance, and all other costs. Charges not specified in the bid will not be honored.

There are twenty-two (22) items listed on the bid submittal list (pages 8-11). These items represent the University’s highest volume products. Products which are not specifically listed in this bid will be purchased. These products will be defined as “Balance of Line Items”. Balance of Line items will be sold to the University at the Contractor’s acquisition (laid-in) cost plus a contract percentage mark-up. Laid-in Cost percentage mark-up shall apply to all balance of line items. In some cases, (e.g. when it is anticipated that an item will be purchased frequently), it may make sense to add that item to the contract at a firm price. Adding items to the contract at a firm price must be mutually agreed by both parties in writing.

2.9 Audit Procedure for Balance of Line Items: The Contractor shall extend audit privileges to the University or it’s designated representative for Balance of Line Items. Audits are defined as: the verification of program pricing policies and other pertinent data to determine the sell price and percentage mark-up over laid-in cost. The University reserves the right to audit with a minimum of seven (7) days, to verify contract compliance. It is the intent of the University to audit twice annually. The University reserves the right to audit more frequently, and without notice, if any audit indicates discrepancies between contract parameters and actual mark-up. The Contractor shall supply, upon request, access to any and all verifications of Contractor costs, freight charges, promotional allowances, sell prices, and percentage mark-ups as they relate to this contract. The University will provide the Contractor with listing of products and date of pricing period to be verified. All audits will be conducted to the University’s auditing standards.

The University’s auditing procedures will verify and analyze at a minimum the following areas:

a) University invoice price versus the Contractor’s price.

b) Difference between contract mark-up and actual mark-up.

c) Manufacturer allowances/rebates and their reflection in University prices.

d) Contractor laid-in cost, including freight.

If it is determined that Contractor has overcharged the University, the Contractor shall be liable for the retroactive overcharges and all expenses incurring in a comprehensive audit of the University’s invoices.

2.10 Quantities: The quantities shown on the bid form are approximate only and represent the highest volume items purchased over a 12 month period. The contract shall cover the actual needs of the University throughout the term of the contract regardless of whether they are more or less than the quantities shown.

The University may purchase name brand products not included on this contract and which may be available through limited distributors. When necessary, the University reserves the right to purchase these products through distributors other than the Contractor. These products are limited to special events such as theme nights, conferences and institutes, etc.

2.11 Contract Data: The Contractor is required to provide the University with a quarterly breakdown as to the purchase quantity, pack, and variety of each item purchased. A breakdown will be done for each purchase location and is due upon request from the University.

2.12 Transportation Charges: Quotations must be F.O.B. Destination. Prices quoted will be considered to include all charges for transportation, packaging, crates, containers, insurance, duty and brokerage charges, etc. necessary to complete delivery.

2.13 Packaging: Unless otherwise specified, commercial packaging shall be acceptable. Containers shall be marked with the name of the material and the packaging date. Cartons, carriers and racks used to transport products from the Contractor plant to the University shall be clean and sanitary at all times.

2.14 Packing Slips: All charges must be prepaid and material delivered to the location specified. Merchandise must be accompanied by delivery slip or packing list and the purchase order number.

2.15 Deliveries: Deliveries shall be made a minimum of three (3) days per week to the University locations listed below. Delivery hours shall be 7:30 a.m. to 10:30 a.m. and 11:00 a.m. to 1:00 p.m.

Wells Conference Centers Stodder Commons

York Commons Memorial Union Marketplace

Hilltop Commons Stewart Commons

Locations may be added or deleted at any time throughout the term of the contract by the University. Changes in the ordering and delivery schedules may be made with a two week notification and must be approved by Larry Violette, Student Auxiliary Services Purchasing Manager.

2.16 Receiving/Inspection: All deliveries will be inspected, received, and delivery slips/invoices signed for by management of by the Dining Services Receiving Clerk on duty at the time of delivery. Products that are considered unacceptable will be refused and returned to the Contractor and noted on the delivery slip/invoice. Unsigned delivery slips/invoices will not be processed for payment.

2.17 Payments: Payment will be upon submittal of an invoice to the Dining Service Department by the Contractor on a net 30 basis unless discount terms are offered. Invoice must include the purchase order number.

2.18 Plant Inspection: Contractors plant and delivery vehicles shall be subject to inspection at all times. If, in the opinion of the University, sanitary conditions are unsatisfactory, the Contract shall be subject to cancellation. Any loss incurred by the University as a result of such a cancellation shall be charged against the Contractor.

2.19 Ordering: Contractor shall provide each University location receiving products under this contract, the name and telephone number of the sales representative who may be contracted Monday through Friday, 8:00 a.m. to 4:00 p.m. exclusive of holidays. This representative shall have primary responsibility for processing and correcting all breaches of this contract and shall be authorized to accept emergency and special orders.

2.20 Back orders and shortages: Back orders and shortages shall be kept to a minimum. If a shortage occurs, the Contractor must contact and inform the Dining Service Manager prior to the scheduled delivery. If a substitution is necessary, it must be authorized by the Dining Service Manager. All substitutes must be of equal or better quality than the originally ordered item and the invoice cost will not be higher than the bid price. If an item is not available and the University is forced to order through another supplier, the cost differential may be charged back by the University to the Contractor.

2.21 Shutdown: During the week prior to a shut down or break period (e.g. Winter Break, Spring Break, Summer Break) the Contractor shall work with each Dining Service location to ensure that it’s product inventory is brought to a reasonable balance. Each Dining Service location will lower their respective inventories the week prior to a shut down and increase their inventory the week prior to reopening. Any product, which remains in an operation when a shut down begins, may be picked up by the Contractor and credit issued to that Dining Service location, at the University’s request. The University will provide the Contractor with an Academic Year calendar for the purpose of planning for these times. (Academic Year 2004-2005 is enclosed).

Cash operations remain open during shut down periods and must be serviced.

2.22 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veterans status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.23 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.

2.24 Risk of Loss: The Contractor agree to be responsible for all risk of loss resulting from equipment damage, including that leased to the University and money or product loss resulting from vandalism or theft.

2.25 Independent Contractor: Whether the Contractor is a corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.

2.26 Contractor’s Liability Insurance: During the term of this agreement, the Contractor shall maintain the following insurance:

Insurance Type Coverage Limit

1. Commercial General Liability $1,000,000 per occurrence or more

(Written on an Occurrence-based form) (Bodily Injury and Property Damage)

2. Automobile Liability $1,000,000 per occurrence or more

(Including Hired & Non-Owned) (Bodily Injury and Property Damage)

3. Workers Compensation Required for all personnel

(In accordance with Applicable State Law)

The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with:

University of Maine Purchasing Department

5765 Service Building

Orono, Maine 04469

Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard Acord statement pertaining to written notification in the event of cancellation, with a thirty (30) day notification period.

As additional insured and certificate holder, the University should be included as follows:

The University of Maine System

107 Maine Avenue

Bangor, ME 04401

2.27 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted in a state court located in the State of Maine.

2.28 Parking Regulations and Use of Walkways: The Contractor's vehicles and those of their employees working on campus, must be registered with the Department of Public Safety. Unregistered vehicles on the University campus are subject to a parking violation ticket and/or towing off campus. Contractor shall not be permitted to drive on walkways unless approved by the Project Coordinator and appropriate safety precautions are implemented. Contractors are advised that parking and walkway rules/regulations are strictly enforced by campus police. Towing will be at the Contractor's expense. A copy of regulations can be obtained by calling Public Safety Parking Office at 581-4047.

2.29 Sexual Harassment: The University of Maine is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees.

Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, North Stevens Hall, 581-1226.

2.30 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq, "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.

3.0 SPECIFICATIONS

3.1 All bakery products shall be prepared from first quality materials and produced under absolutely sanitary conditions, including premises and employees.

3.2 All Products shall be delivered Fresh. Day old bread or bread which has been frozen at the time of production and thawed prior to sale will not be accepted.

3.3 Packaging:

· Products shall be dated and marked as they pass through the bread wrapping machines as a means to identifying the enclosed products.

· The date indicated on the product packages shall be the pull date or the last sale date for the said product. An explanation of any other dating and coding procedures used by the Contractor shall be submitted with the bid.

· Commercial labeling shall be accepted provided that the day of the week of packaging is shown in an easily discernible location