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 FOOD BID 2015 – 2016 A.
TERMS AND 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 to Bid may be made only by written amendment issued by 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 sufficient time as indicated on the bid cover sheet and, if required, will be provided to all prospective bidders, prior to bid opening date. 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 Sysco Southeast. 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 to 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, applicant, 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 or 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). 1 d. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF: The Awarded vendor agrees and understands that the School District’s Office of Inspector General shall have immediate, complete and unrestricted access to all financial and performance‐related records, papers, books, documents, information, writings, drawings, graphs, photographs, processes, data or data compilations, computer hard drives, emails, instant messages, services, and property or equipment purchased in whole or in part with School Board funds (“Information and Records”). The Awarded Vendor shall furnish the Inspector General with all Information and Records requested for the purpose of conducting an investigation or audit, as well as provide the Inspector General with reasonable assistance in locating assets and obtaining Information and Records that are in the possession, custody, or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands, acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such policy is located at: http://www.palmbeachschools.org/policies/. e. PUBLIC RECORDS LAW: All proposal documents or other materials submitted by the proposer in response to this bid will be open for inspection by any person in accord with Chapter 119, Florida Statutes. The Board may unilaterally cancel the contract for refusal by contract awarded proposer(s) to allow public access to all documents, paper, letters, or other material made or received by the contract awarded proposer in conjunction with the contract to the extent required by Chapter 119, Florida Statutes. The Board may terminate any contract with a responder if the responder refuses to allow public access to documents made or received from the Board unless such documents are exempt from Public Record Disclosure. f.
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. The PBCS 2015 2016 USDA Debarment form must be completed, signed and submitted with your bid. 3. PRICING AND SUBMISSION OF PRICES a. SUBMISSION: It is required that all bid responses must be submitted on the provided Excel spreadsheet “PBCS 2015 2016 Food Bid Pricing.xls” in Excel Format only, copied to either a CD Disk or Flash Drive. No scanned copies allowed. The “PBCS 2015 2016 Food Bid Pricing.xls” will be known hereinafter as the Pricing Document. A hand signed hard copy of the Pricing Document must also be submitted. Positively no e‐mail bid submissions will be accepted. If you wish to bid multiple items on the same Bid Line, separate copies of the Pricing Document must be submitted for those items. Unlocking, modifying, and/or tampering with the Pricing Document will result in a rejected bid. Bid responses on bidder letterhead/quotation forms will not be accepted. FAILURE TO RESPOND IN THIS MATTER SHALL BE CAUSE FOR REJECTION OF THE BID. Responses are to be delivered to Sysco Southeast Florida no later than the time indicated on the solicitation cover sheet to be deemed eligible for bidding. 2 b. PRICES: Prices offered must be the price for new merchandise and free from defect. Bid price is to be specified final point of delivery, either Sysco Southeast in Riviera Beach, Florida or Sysco RDC in Alachua, Florida. Failure to properly bid the final destination point could result in the bidder being responsible for any additional charges for delivery of the product. 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 Specification and Bid Pricing (Excel) Document. One (1) space or line requires only one (1) single, fixed unit price. The units of measure used in calculating the unit price shall be dictated on the Pricing Document. Bidders are responsible for accurately calculating the case quantities based on the provided units. Anything other than a single, fixed unit price shall result in the rejection of your bid. All unit prices bid will be calculated to 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 the period of time specified on the Pricing Document. In the event of mathematical error(s), the unit price shall prevail upon confirmation of the accuracy of the number of units of the item and the bidder's total offer shall be calculated accordingly. c. UNIT SIZE: Bids will be entered in predetermined unit sizes. Bidders will be responsible for converting all case packs and pack sizes into units pre‐determined by School Food Service. d. GROUP WEIGHTED AVERAGE COST: Group Weighted Average Cost will be determined by taking the sum of the individual line weighted unit costs (unit price X the annual estimated usage), divided by the total group annual estimated usage. See example included with this bid. e. SUBMITTING NO BID or NO CHARGE: Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly. 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". f.
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. g. QUANTITIES: Quantities are based on estimated usage and are subject to change. The bidder agrees the bid price(s) submitted shall be maintained throughout the bid term regardless of the quantity purchased. h. FREIGHT/DELIVERY: All prices bid must include any and all freight/delivery or other charges to deliver the product(s) to Sysco Southeast Florida or the RDC. No additional freight or shipping charges will be accepted. i.
RDC: The Regional Distribution Center (RDC) moves a fragmented supply chain to an optimized, more efficient and effective one, achieving a lower cost of in‐bound freight to Sysco Southeast Florida. By shipping to the RDC vendors can save almost 450 round trip miles as the product is automatically configured to pallets for optimum efficiency; this should be taken into account by the bidding vendor as the net result could be a more competitive price for the items being bid. A calculated freight charge will be added to any product shipped from the RDC to Sysco Southeast Florida. The freight rate is based on the following criteria: a. Full Truckload Rates b. Case Cube c. Case Weight 4. BID TIME PERIOD: The contract term of the bid will be from July 1, 2015 through June 30, 2016. 3 B. PRODUCT REQUIREMENTS 1. APPROVED BRANDS: Only bids submitted for “approved brands” listed in this bid document will be considered for award purposes unless there is an “acceptable equal” also listed. If the “acceptable equal” product meets the specifications and product requirements (see 2. Acceptable Equal) that product is also eligible for award. Approved brands means this product has been evaluated and approved as an appropriate product for students by the Nutrition team of the School District’s School Food Service Department. 2. ACCEPTABLE EQUAL: Where “Acceptable Equal” is noted in the product specification and an “acceptable equal” is bid, the School Food Service Department 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 School 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 Food Service Department. Samples must be received within three (3) business days of request. Each individual sample must be accompanied by the “Essential Requirements” per Section C. 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. 3. PRODUCT SPECIFICATIONS: Product specifications are written for the bid based on information known at the time the bid is developed. If a manufacturer changes their specifications unbeknownst to the School Food Service Department and it does not meet our specifications, that product or group of products will not be awarded to that responder for the reason it does not meet specs; the product or group of products may be rebid (if there is no other awardee) at the discretion of the School Food Service Department. 4. BID SPECIFICATION PROTEST: Any protest of bid specifications must be done so in writing, on company letterhead, within 72 hours after the release date of the bid. All written notices of protest shall be hand delivered, faxed (Fax # 561 882‐2294) or emailed to Sysco SE Multi Unit Sales Department, Attn: Thomas Fairley, Director of Multi Unit Sales, Fairley.Thomas@sef.sysco.com . The notice of protest must be actually received by the Sysco SE Multi Unit Sales Department before the 72 hour period expires. Protests received after the 72 hour period will not be responded to. The 72 hour period excludes Saturdays, Sundays and national holidays. The notice of protest shall clearly identify the product by Item number and description. A response to the bid specification protest will be posted as an addendum to the bid on the School District’s Purchasing Department web site within five (5) days after receipt of protest. The response may or may not entail a revision of the bid specifications and possibly the bid pricing sheets. The Purchasing web site will indicate if there are revised specifications and/or pricing sheets as a result of this protest. 5. NEW FOOD ITEMS/NEW BRANDS: Vendors wishing to have new food items or new brands of food items approved for inclusion on the next bid should contact the School Food Service Department for information. Please contact: The School District of Palm Beach County School Food Service Services Department 3661 Interstate Park Road North, Suite 100, Riviera Beach, FL 33404 561 383‐2000 4 6. 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 ingredients. a. Mono‐Sodium Glutamate‐MSG b. High Fructose Corn Syrup, HFCS c. Peanuts, Peanut Protein or Peanut by products d. Trans fatty acids e. Artificial Colorings – i.e., Red Dye #40, Yellow #5, etc. 7. 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 on the Bid Specifications and Bid Pricing Excel spreadsheets. When deemed necessary the School Food Service Department 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 Maturity. Grade B is defined as the USDA standards for Grade A in Color, Grade A in Defects and Grade B in Maturity. 5 8. 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 the programs. 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. 9. 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 Bid Specifications and Bid Pricing Excel spreadsheets. The majority of the Commodity Processed line items are in place to identify a purchased (Commercial) 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. When a manufacturer is bidding the same product as Purchase or Commodity process, the awarded manufacturer will honor the Commodity price (Purchase Price Less PTV) that is listed on the bid regardless if the PTV used is more than the value that is assigned to that commodity item in July 2015 per K12 or Processor Link. 10. 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 District of Palm Beach County reserves the right to process this product under the same conditions of the prior year’s contract. This would be considered only; a. When agreed to by prior year awardee b. Under the conditions of the prior bid c. Only when the raw product has been diverted to this processor by USDA during the prior bid year. 6 C. ESSENTIAL REQUIREMENTS: 1.
All bidders are required to submit the following information for all products. 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 printed, signed hardcopy of the Excel Pricing Document (sign on the last page), for each manufacturer bid. b. An electronic copy of the Pricing Document in Excel format, on CD Disc or Flash Drive. No e‐mail copies will be accepted. c. Supply a Nutrition Facts Label for each item bid ‐ must include:  Serving Size including the “base” weight  Total Calories  Total Fat  Saturated Fat  Trans Fats  Cholesterol  Sodium  Carbohydrate  Dietary Fiber  Protein  Calcium  Iron  Vitamin A  Vitamin C d. All products that provide a meat/meat alternate and/or grain component as determined by USDA for Child Nutrition Programs must submit a CN (Child Nutrition) label or signed documentation certifying the required components are met. Additional documentation may be required upon product review for approval. e. Supply detailed Ingredient Statement, to include product size/weight f. Completed Product Allergen and Food Sensitivity Disclosure form for each item bid. The Product Allergen and Food Sensitivity Disclosure form is a check sheet to aid in the identification of substances that could cause allergic reactions. g. A signed copy of the “Buy American” document. h. A completed Minority Certification document. i. A completed USDA Debarment document. j. Commodity NOI, FFS, and/or PTV documentation if applicable. k. Documentation for additional allowances if applicable. l. Material Safety Data Sheets (MSDS) if applicable. NOTE: Hard Copies must be submitted for Items 1, and 3 through 11. Failure to supply complete documentation may result in rejection of product submitted. All items submitted MUST BE COMPLETE, LEGIBLE AND ACCURATE. 7 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. By submitting a bid you agree to all terms and conditions set forth in this bid. 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. School District of Palm Beach County will determine the winning bid. a. The award for single line items will be based on the on the bidder input in the “Cost Per Unit” field on the bid pricing Excel document. The award will be based on copying your bid input into a pre‐loaded formula that will calculate the data submitted. It is imperative that all fields be entered exactly as stated. Sysco Southeast will not recalculate pricing based on any other information included in the response b. Groups: The group award will be based on the weighted group average cost. Group Weighted Average Cost will be determined by taking the sum of the individual line weighted unit costs (unit price X annual estimated usage), divided by the total group annual estimated usage. See example included with this bid. 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 consider 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 and School Food Service 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 exceeds 25% of the School Food Service estimated usage, or c. Bidder fails to abide by the information supplied in the Pricing Document, or d. The minimum order quantity was not provided at the time of bid submission and is a requirement to place a purchase order. d. The School District’s School Food Service Services Department reserves the right to reject any bid based on the following criteria. a. Product portion price. b. Nutritional veracity c. Preparation Instructions d. Acceptability to students e. Flavor Profile 8 3. 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 District prior to final approval, and shall remain posted for a period of 72 hours. Bidders desiring a copy of the bid award posting can view and download a copy at the School District of Palm Beach County Purchasing Department’s web site. 4. BID AWARD PROTEST PROCEDURE: Bid Award Protests must be submitted in writing, addressed to the Sysco Southeast Director of Multi Unit Sales, via hand delivery, email (Fairley.Thomas@sef.sysco.com) or fax to 561‐
882‐2294. Protest must identify the solicitation, the Item number and product description, clearly 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 Florida Multi Unit Sales Department within those 72 hours. The 72 hours excludes Saturdays, Sundays and holidays. A protest received after the 72 hour time period will not be responded to. Sysco SE Multi Unit Sales Department will respond to the bid award protest in writing within five (5) days after receipt. The response to the bid protest may or may not entail a revision of the award. The School District Purchasing web site will indicate if there is a revision to the award as a result of the protest. 5. DEFAULT: Sysco Southeast Florida may, by written notice of default to the successful bidder, terminate the contract with said bidder in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant bid. Failure to supply Sysco SE within ten (10) days the required documentation in regards to, but not limited to, receipt of vendor packet, all insurance requirements, Hold Harmless Certificate, Item information, case dimension, cube, pallet configuration, GTIN and UPC numbers will be considered grounds for default. Non‐performance issues such as but not limited to: not fulfilling valid PO’s placed within stated lead times, attempting to alter bid prices, or changing the PO lead times per the signed bid Pricing Document will also be considered grounds for default. Repeated non‐performance issues or failure to remedy any non‐performance issues within a period of ten (10) calendar days may result in termination of the contract with the offending bidder and award to the next lowest bidder. Further, Sysco Southeast may recommend to School District of Palm Beach County that the bidder defaulting as specified be removed as a future bidder on all bids for a period of up to three (3) years. 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 7”, "Termination for Convenience". Manufacturers must provide any changes, in writing, specific to awarded bid items, 30 days prior to product shipping to Sysco Southeast. This includes, but not limited to, product reformulations and changes in MPC. 6. FAILURE TO DELIVER: In order to meet the needs of School Food Service Department, failure to deliver without prior authorization from Sysco Southeast, will authorize Sysco Southeast to use the next lowest bidder to obtain goods or services or order those goods or services on the open market. The next lowest bidders’ prices must remain the same as originally bid and must remain firm for the duration of the contract. On all such purchases, the bidder failing to deliver may be charged the price difference of the goods or services and in situations when non‐delivery or incomplete deliveries by the awarded bidder results in Sysco Southeast incurring expense for additional delivery the bidder will be assessed a charge of $150 for each delivery to a Palm Beach County School. On all such purchases, the bidder failing to deliver may be charged the additional cost. It is incumbent on the bidder to rectify any delivery issue as it arises. If these issues cannot be resolved within a period of ten (10) calendar days or if the offense continues, the bidder failing to deliver may be deemed in default. 9 7. 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 the School Food Service Department. 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. 10