016-25 RFP Greenhouse Lettuce.pdf

RFP BidNet Template Rev No: 3 Issue Date: 9/4/2024 P a g e | 1

REQUEST FOR PROPOSAL

GREENHOUSE LETTUCE – NUTRITION SERVICES

Request for Proposal No. 016-25 RFP Greenhouse Lettuce

Date of Issue: April 14th, 2025 Proposal Closing Date: April 30th, 2025 at 2:00 PM

Proposal to be returned PRIOR TO date and time above.

SUBMIT TO:

Douglas County School District RE-1 (“DCSD”) via:

Rocky Mountain e-Purchasing (“BidNet”):

http://www.bidnetdirect.com/colorado/douglas-county-school-district-re-1

THIS IS NOT A COMPETITIVE BID. The request for proposal process allows DCSD to select the service providers that best meet the needs of DCSD, considering qualifications, price, products, and service capabilities.

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REQUEST FOR PROPOSAL

016-25 RFP Greenhouse Lettuce

DCSD is requesting proposals from qualified service providers or individuals (“Vendors”) for local, commercially packed, pesticide-free, indoor greenhouse, hydroponic-grown lettuce.

Proposals are submitted to the Strategic Sourcing & Contract Management Department of DCSD in accordance with the Instructions to Vendors and all other requirements as referenced in this document.

Proposals will be received until the due date and time listed on the first page of this document, at which time the names of those Vendors submitting proposals will be made available through the Rocky Mountain E-Purchasing website. No other public disclosure will be made until after award of contract.

DCSD will use the following tentative schedule for the selection process:

RFP published

April 14th, 2025

Online question deadline

April 23rd, 2025 @ 5:00 pm (MT)

Proposal submission deadline

April 30th, 2025 @ 2:00 pm (MT)

Evaluation of proposals & Vendor shortlist

TBD

Interviews with selected Vendors (if applicable)

Awarding of contract

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INSTRUCTIONS TO VENDORS

1. Vendors responding to this Request for Proposal (“RFP”) must submit their proposals in the format as outlined in this solicitation.

2. Each Vendor proposal shall consist of one electronic copy in the format specified within the proposal format. The proposals are to be submitted no later than 2:00 P.M. via:

Rocky Mountain e-Purchasing (BidNet):

For Douglas County School District RE-1

3. Proposals must be dated and signed by a duly authorized partner or corporate officer, with that person’s name and title clearly identified. All of the proposal contents and fees must be guaranteed for ninety (90) days from the proposal date.

4. The content of all proposals must conform to the following:

• Vendors must respond to the questions in the order presented (if applicable).

• Vendors may provide additional supporting documentation pertinent to the clarification of the proposal.

5. DCSD reserves the right to:

• Reject any and all proposals received as a result of this RFP.

• Waive or decline to waive any informalities and any irregularities in any proposal or responses received.

• Adopt all or any portion of the Vendor’s proposal.

• Negotiate changes in the scope of work or services to be provided.

• Withhold the award of contract.

• Select the Vendor(s) it deems to be most qualified to fulfill the needs of DCSD. The

Vendor with the lowest proposal will not necessarily be the one most qualified, since a number of factors other than price are important in the determination of the most acceptable proposal, as stated in Section 13 below.

6. The selected Vendor will be required to assume responsibility for all goods and services offered in the proposal, whether or not the Vendor produces them. Further, the selected Vendor shall be the sole point of contact and responsibility with regard to all contractual matters, including payment of any and all charges resulting from the contract. The selected Vendor shall not assign or transfer any interest in the contract without the prior written consent of DCSD.

7. DCSD shall not be liable for any costs incurred by the Vendor in the preparation and production of the proposal or for any work performed prior to the execution of a contract.

8. All proposals and other materials submitted shall become the property of DCSD.

9. No reports, information, or data given to or prepared by the selected Vendor shall be made available to any individual or organization by a respondent or the selected Vendor without prior written approval of DCSD.

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10. All changes in the RFP documents shall be through a written addendum and furnished to all

Vendors via Rocky Mountain e-Purchasing (BidNet). Verbal information obtained otherwise shall not be considered in awarding the proposal.

11. The selected Vendor may be required to enter into a written contract with DCSD using DCSD’s approved contract form, which can be found here. The information included in this RFP and acceptable parts of the Vendor’s proposal may be incorporated into and become part of the final contract.

12. Vendors who have questions concerning the submission of proposals or the RFP process must post directly to Rocky Mountain e-Purchasing (BidNet).

13. The proposals will be reviewed by a selection committee. The committee may request additional information from Vendors or request personal interviews with one or more Vendors.

Final evaluation and selection may be based on, but not limited to, any or all of the following:

• Information presented in the proposal.

• Ability to provide quality and timely products and services.

• Qualifications and Vendor experience.

• Reference checks.

• Personal interview.

• Total cost.

• Proposed timelines.

14. DCSD is an equal-opportunity employer. Businesses owned and operated by minorities or women are encouraged to submit proposals. Vendors to whom a contract is awarded shall not discriminate based on age, race, color, national origin, gender, creed, or disability.

15. The successful Vendor will be required to complete, at their own expense, a criminal record check on all employees working on or reasonably likely to work on DCSD property for this contract. Employees who have been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children will not be allowed to work on DCSD property for this contract.

The successful Vendor must complete a Verification of Background Check indicating that they have done a background check on all their employees working on DCSD property. The successful Vendor will be responsible for adhering to any Federal, State, and Local privacy and confidentiality requirements and other laws, regulations, or policies governing employee background checks.

16. All Vendors are required to sign the CERTIFICATION REGARDING DEBARMENT and SUSPENSION (included below), indicating the Vendor’s business has not been debarred by any federal department or agency. DCSD will be using the System for Award Management (SAM) to verify that the Vendor has not been debarred.

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17. In compliance with federal regulations, a successful Vendor whose contract with DCSD is in excess of $150,000 must agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. DCSD will report any violations as required by law.

18. In compliance with federal regulations, any Vendor who submits a proposal for a contract exceeding $100,000 acknowledges and agrees that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), including but not limited to the filing of all required certifications.

19. Other governmental agencies may be extended the opportunity to purchase off any bid with the agreement of the successful Vendor and the participating agencies. Due to all the variables in this type of bid, DCSD will contact the successful Vendor and make it aware of the interest by another agency (if any). The successful Vendor and the interested agency will then be able to design the successful bid around the parameters (e.g., delivery locations and specialty products). Each agency will then establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom, and make its own payments. It is understood and agreed that DCSD is not a legally binding party to any contractual agreement made between other governmental agencies and the Vendor as a result of this bid.

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SPECIFICATIONS/SCOPE OF WORK

Background

District Profile: DCSD is soliciting proposals from qualified Vendors to provide local, commercially packed, pesticide-free, indoor greenhouse, hydroponic-grown lettuce to Nutrition Services in accordance with the scope of service specified. Qualified Vendors that meet all criteria will be considered. This RFP should not be misconstrued as a formal bid. There is absolutely no commitment to purchase or enter into a formal contract. Upon completion of the evaluation of proposals, DCSD may recommend that a formal contract be established.

DCSD is currently the third-largest school district in the State of Colorado. DCSD covers a geographical area of approximately 890 square miles. Within these boundaries are 48 elementary schools, 9 middle schools, 9 high schools, 5 alternative schools, and 18 charter schools. In addition to the permanent structures, multiple modular buildings are associated with these sites. DCSD’s remaining buildings house administration, alternative programs, and support service functions; 68,000 students and 8,400 staff members occupy these buildings year-round, in most cases.

SCOPE

The mission of Nutrition Services is to provide a variety of healthy school meals and other food services at affordable prices in support of the educational goals of students. DCSD participates in the National School Lunch Program and School Breakfast Program for reimbursement of meals that meet federal standards and is allocated USDA commodities for use in school meals through the Food Distribution Program. In accordance with federal Buy American law, DCSD desires to purchase domestic food products to the maximum extent practicable for school meals.

DCSD requests proposals in response to this Request for Proposals (RFP) for purchasing local, commercially packed, pesticide-free, indoor greenhouse, hydroponic-grown lettuce that is delivered directly to DCSD’s Nutrition warehouse once per week.

One or more Vendors will be chosen to negotiate with DCSD under the terms of the proposal in effect for school year 2025-2026, beginning on July 1, 2025, and ending June 30, 2026, with up to four (4) 1-year renewals.

To be eligible for consideration for a bid award, candidates must comply with the State of Colorado Policy on Digital Accessibility Standards (HB 21-1110). DCSD will require submission of the necessary documentation demonstrating compliance prior to the award of the contract.

Product Specifications DCSD’s Nutrition Services would like to purchase loose-leaf lettuce, bulk-packed in 3–5-pound cases.

Products should have up to 3 weeks' shelf life. DCSD is open to lettuce varieties and encourages Vendors to submit specifications and pricing on all varieties that meet the criteria.

Special Products If applicable, please include specifications and pricing on additional items that are available for purchase. These items can include, but are not limited to, microgreens, herbs, dressing, or sauces.

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Sustainability Practices Vendors should provide detailed information on the sustainability practices taken by their company.

Pricing Method Pricing should be a delivered cost, fixed fee per case for the duration of the annual contract and may be renegotiated upon renewal. Cost should include all overhead, transportation, and delivery fees. To maximize volume pricing, DCSD’s estimated annual purchases are listed below:

Estimated annual purchases under proposed contract for 2025-2026 Approx 7,215 (3#) cases

HACCP

Vendors must provide a copy of their HACCP plan in the proposal, including documentation on how temperatures are monitored and documented daily. The HACCP plan must be on company letterhead, including company logos, and be for the company submitting the proposal, not a parent, associated, or other related company. Upon request, the awarded Vendor will provide documents regarding the daily temperatures of coolers where produce is stored and fleet temperatures.

Site Visits As part of the RFP process, DCSD will be conducting a site visit to the proposer's facility. DCSD will review the HACCP plan and any supporting documentation.

Ordering Procedures DCSD is open to Vendor-specific ordering procedures that meet the needs of the operation.

Vendors must submit ordering procedures in their proposals. This should include, but not be limited to, cutoff times for deliveries, minimum order quantities, how orders will be processed, proposed delivery times, and lead times for replacement produce. Please include any specific web-based ordering systems.

Rejection Process DCSD expects that, with district-provided forecasting, the Vendor will fulfill all orders in total.

Produce will be examined for quality upon daily delivery. When the quality of the produce fails DCSD’s standards, the produce will be rejected. The Vendor must include a procedure for rejected produce, including the most effective resolution.

Replacement Process When DCSD rejects produce due to poor quality, etc., the Vendor must include a replacement procedure. The procedure should include the turnaround time and any other pertinent information.

DCSD expects to have replacement produce delivered in less than 24 hours to DCSD’s Nutrition warehouse.

Prior Approval If the Vendor is temporarily out of stock or short on an item. Prior approval is required to substitute an equal or superior product. Pricing for the substitution will be at an equal or lower price. Substitutions at higher prices may be made only upon prior approval by the DCSD Buyer or Manager of Menu Services. Substitutions should be delivered in less than 24 hours to the DCSD Nutrition warehouse.

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Delivery Weekly or Bi-Weekly deliveries (Monday–Friday) are expected as the standard during the normal school year. The Vendor is required to provide a detailed delivery procedure. The detailed delivery procedure should address, at a minimum, the drivers’ responsibility, unloading/loading process, returns, rejected produce, and temperature control. All shipments shall be delivered FOB: Destination

– no freight charges allowed to the warehouse. Deliveries to the DCSD Nutrition warehouse will only be accepted with an invoice or Bill of Lading, which includes a district-assigned Purchase Order number.

Transportation The Vendor is required to provide a detailed transportation procedure. The transportation procedure should address at a minimum the following:

• How are the trucks packed?

• How is the temperature of the truck monitored and documented?

• How are deliveries scheduled with the warehouse?

• Who is the transportation contact?

Communication The Vendor shall designate one key individual and a backup individual to work with DCSD. In turn, DCSD will designate a single point of contact and a backup contact to communicate with the Vendor.

Reports The Vendor will provide a monthly detailed item report along with a year-to-date detailed summary report of all items delivered to DCSD.

Forecasting DCSD will provide the Vendor with a system of forecasting purchases with sufficient lead time to ensure successful fill rates. Vendor will outline forecasting requirements, such as time. Provide how the forecast will be utilized to fulfill 100% of the orders.

Warehouse The Vendor will provide a detailed warehouse operation procedure. Procedure should include inventory management and distribution procedures. Indicate the size of the warehouse, item quantities, SKUs, and percentage of produce-related items.

Payment Terms DCSD will pay invoices within 30 days from receipt of delivered and accepted produce. The Vendor will provide a monthly statement, which should be received by DCSD no later than five days from month end. Discounts for early payment will be considered and are encouraged.

Education, Social Media, and Special Events The Nutrition Services Department is interested in receiving information about products and Vendors for student education, social media, and special events. Nutrition Services also holds several community-based events throughout the year. DCSD encourages support and participation from Vendors at these events. Please provide examples of past participation in school-based events.

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Accessibility To be eligible for consideration for a bid award, candidates must comply with the State of Colorado Policy on Digital Accessibility Standards (HB 21-1110). DCSD will require submission of the necessary documentation demonstrating compliance prior to the award of the contract.

Acts of God Neither party shall be liable in damages nor have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of Vendors, subcontractors, and carriers, or parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Score Card

Award Criteria:

Cost of proposed products 25 Quality of services offered, including support and plans for Contract implementation 25 Management experience, expertise of key personnel, and the financial capability of the Vendor 15 Prior experience in performing similar work (including references) 15 Sustainability Practices 10 HACCP Plan and Site Visit 10 Total Possible Score 100

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PROPOSAL RESPONSE FORMAT

In order to maintain comparability and consistency in the review and evaluation of responses, all proposals shall be organized as specified below. Avoid any elaborate promotional materials and provide only information that is required.

All supporting materials should clearly reference the portion of the RFP to which they pertain. Each Vendor proposal shall consist of one marked original copy in the format specified within this section.

Proposals not meeting the requirements below may be determined to be non-responsive and will receive no further consideration.

A. Table of Contents: Please clearly outline and identify the material and responses by page number. Outline the significant areas of the proposal in sequential order, including enclosures.

All pages must be consecutively numbered and correspond to the table of contents.

B. Cover Letter: Provide a cover letter indicating your understanding of the requirements/scope of services of this specific proposal. The letter must be a brief formal letter from the Vendor that provides information regarding the Vendor’s interest in and ability to perform the requirements of this RFP. A person who is authorized to commit the Vendor’s organization to perform the services included in the proposal must sign the letter. Please provide a list of all persons authorized to give presentations for the Vendor. Please provide name, title, address, telephone numbers, and email address.

C. Qualifications: Summarize the qualifications of the Vendor. Where the project team includes subcontractors or sub-consultants, the qualifications of the proposed subcontractors or sub-consultants shall also be provided. Past working relationships on similar projects should also be indicated.

Provide the credentials of the individual(s) from your Vendor who will administer the day-to-day operations of the DCSD contract. The proposal must identify the person or persons to perform work with DCSD and give the percentage of the contract each person would be expected to perform. It is expected that the services provided will require a close, positive working relationship with DCSD and that the personnel identified will not be changed without the prior written approval of DCSD. DCSD will reserve the right to terminate the contract if key personnel are changed or if working relationships are not satisfactory. The proposed personnel shall be available throughout the duration of the entire project. Include an organizational chart identifying staff responsible for contract duties and a brief description of positions.

List the service representatives available to this account. Qualifications of new people working under this contract will be submitted to DCSD in writing for approval prior to them conducting any service under this contract. Submit a list of all employees that will be working under the current contract, and any intention for additional personnel and backup personnel for each function.

It is expected that your response will include the resumes of your most qualified personnel to perform this project. As an alternative, please include a resume and project history of your “second-tier personnel.” Your personnel evaluation will be based on the least qualified personnel.

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D. References: Please provide three (3) K-12 Education market references. Include the name of the customer, address, contact name, telephone numbers (including fax number), and email address. Please include only references within the current calendar year and the previous two

(2) calendar years. DCSD may contact these references during the evaluation process.

Each Vendor should include summary information for all contracts of similar sizes and scope performed by the Vendor or team within the past three (3) years. Information provided for each job shall include:

• Contract/Project name.

• Agency/department/office for which performed.

• Dates of contract.

• Owner’s contract/project manager or other representative.

• Contact person.

• Dollar value of the contract.

DCSD reserves the right to contact all references and to obtain, without limitation, information on the Vendor’s performance on the listed jobs.

E. Scope of Services: The Vendor must acknowledge agreement with the specific requirements of the specifications or provide an alternative for DCSD to consider. Indicate any exceptions to the scope of services of the RFP. Summarize your approach and understanding of the services and any special considerations of which DCSD should be aware.

F. Appendices: The content of this section is left to the Vendor’s discretion. However, the

Vendor should limit materials included here to those that will be helpful to DCSD in understanding the services provided for this specific contract.

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AWARD OF CONTRACT

Selection shall be made of one or more Vendors deemed to be fully qualified and best suited among those submitting proposals. Negotiations and interviews may be conducted with one or more qualified Vendors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Vendor so selected, DCSD shall select the Vendor that, in its opinion, has made the best proposal, and shall award the contract to that Vendor.

DCSD may cancel this RFP and reject proposals or any portion thereof at any time prior to an award.

Should DCSD determine at its sole discretion that only one Vendor is fully qualified or that one Vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Vendor.

The award shall be in the form of a Vendor-fixed-price contract. The award document shall be a contract incorporating by reference all the requirements, terms, and conditions in this solicitation and the Vendor's proposal as negotiated.

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PROPOSAL TERMS & CONDITIONS

1. All participating Vendors, by their signature, agree to comply with all of the conditions, requirements, and instructions of this RFP as stated or implied herein. Should DCSD omit anything from this document that is necessary for a clear understanding of the work, or should it appear that various instructions are in conflict, then the Vendor shall secure written instructions from DCSD at least 48 hours prior to the time and date of the scheduled due date of the proposals.

2. The Vendor warrants that all equipment, materials, and work will conform to applicable drawings, specifications, samples, and/or other descriptions given to DCSD and that they will be free from defects. Without limitation of any rights that DCSD may have at law or in equity, goods that are not as warranted and/or that are not in conformance with applicable drawings, specifications, samples, and/or other descriptions may be returned by DCSD at the Vendor’s expense within a reasonable time after delivery, for either credit or replacement, as DCSD may direct.

3. The successful Vendor shall indemnify, hold harmless and defend DCSD and all their members, directors, officers, employees, agents and representatives, from and against any liability, claims, demands, penalties, fines, lawsuits, judgments, losses and expenses, including reasonable attorneys’ fees and court costs, arising in favor of any party (including, but not limited to, personnel furnished by the successful Vendor) (i) on account of bodily injuries, deaths, or damage to property that results from the fault, negligent act or omission, or willful misconduct, in each case, in connection with the acts, of the successful Vendor, or its employees, officers, directors, agents, subcontractors, or Vendors, or their respective directors, officers, agents, or employees, (ii) resulting in any way from the breach of this Agreement by the successful Vendor or its subcontractors, (iii) arising out of or relating to disclosure of any information included in and (iii) resulting in any way from any allegation of infringement or misappropriation of any patent, copyright, trade secret, trademark or other intellectual property right by the services provided by the successful Vendor pursuant to this Agreement.

4. The successful Vendor shall maintain insurance for workers’ compensation as required by law and shall procure and maintain commercial general liability insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per occurrence/$4,000,000 aggregate.

5. The successful Vendor shall comply with all applicable federal, state, and local laws, regulations, administrative rulings, and codes and shall secure all necessary licenses and permits in connection with this RFP and any goods or services to be provided hereunder.

6. By submission of the proposal, the Vendor certifies that the proposal has been arrived at independently and submitted without collusion with any other Vendor and that the contents of the proposal have not been communicated by the Vendor or to the Vendor’s best knowledge and belief, by any one of its employees or agents, to any person not an employee or agent of the Vendor, and will not be communicated to any person prior to the official opening of the proposals.

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7. The Vendor understands and agrees that all information and documentation submitted as part of its proposal may be subject to disclosure pursuant to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. The Vendor is advised that merely marking information as confidential, proprietary, privileged, or a similar designation is insufficient by itself to prevent disclosure. Proposals are not subject to public inspection until a recommendation of award is made.

8. Venue for any and all legal action regarding or arising out of or related to the RFP, response to RFP, or work performed thereunder shall be solely in DCSD Court in and for Douglas County, State of Colorado. The transactions covered herein shall be governed by and construed in accordance with the laws of the State of Colorado.

9. DCSD is exempt from sales, use, and excise taxes. Certification of tax exemption will be issued upon request. Any appropriate taxes shall be shown as a separate item in the proposal.

10. DCSD reserves the right to cancel without penalty, at any time, any awards occurring as a result of this RFP. Time is of the essence. When a date is set for the delivery of goods or the performance of work, the goods must be delivered, and/or the work must be performed in accordance with the proposal specifications or description on or before that date, or the order to the delinquent Vendor may be canceled and re-awarded.

11. DCSD shall have the right to cancel this agreement if funds are not allotted for the next fiscal year to continue this service. DCSD may effect such cancellation by giving the Vendor written notice of its intention to cancel not less than thirty (30) days prior to the end of the then-current fiscal period, stating its reasons for cancellation. Upon cancellation of this agreement, as provided in this paragraph, DCSD shall not be responsible for the payment of any services received that occur after the end of the current period.

12. Any Vendor that wishes to protest an award of any Bid must do so in writing and deliver to the Director of Strategic Sourcing and Contract Management within 48 hours after notification of the Award.

13. Policy on Digital Accessibility Standards (HB 21-1110).

a. The Vendor acknowledges and agrees that DCSD affords equal opportunity to individuals in its employment, services, programs, and activities per applicable law, including Section 508 of the U.S. Rehabilitation Act of 1973 and C.R.S. § 24-34-802.

This includes providing information and communication technology for individuals with disabilities that comply with the accessibility standards for individuals with disabilities established by the Governor’s Office of Information Technology (OIT), as may be amended from time to time (the “Accessibility Standards”), which currently include the State of Colorado Technical Standard TS-OEA-001: Technology Accessibility for Persons with Disabilities; the State of Colorado Technical Standard TS-OEA-002: Technology Accessibility for Web Content and Applications; and the W3C’s Web Content Accessibility Guidelines WCAG 2.1 Level AA.

b. The Vendor warrants and represents that the product and/or service complies with the Accessibility Requirements. The Vendor shall (i) at least annually during the term of a Contract, provide DCSD with current (i.e., performed and dated within the previous

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c. If the Vendor claims the product and/or service complies with the Accessibility Standards and it is later determined by DCSD that any part of the product and/or service is not in compliance, then DCSD will promptly inform the Vendor in writing of the noncompliance, and the Vendor shall, at no cost to DCSD, remediate the product and/or service within the time period specified by DCSD. If the Vendor fails to timely remediate the product and/or service, then in addition to any other rights or remedies of DCSD hereunder, DCSD shall have the right to perform or have performed any necessary remediation and invoice the Vendor the cost thereof, which invoice the Vendor shall pay within thirty (30) days of receipt.

d. If the Vendor breaches its obligations under this Section, then in addition to any other rights or remedies of DCSD hereunder, DCSD shall have the right to terminate the contract. Any termination of the Contract pursuant to this Section shall be deemed a termination “for cause.”

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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The respondent to this RFP certifies to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or Local) with the commission of any of the offenses enumerated in paragraph

(B) of this certification; and

D. Have not, within a three-year period preceding this application/proposal, had one or more public transactions (Federal, State, or Local) terminated for cause or default.

Where the respondent is unable to certify any of the statements in this certification, he or she shall attach an explanation to this application.

Signature of Official: ____________________________

Name (typed): __________________________________

Title: _________________________________________

Vendor: _________________________________________

Date: _________________________________________