1 - 0 Select Commodity Processing RFP OCNC 2025-27.pdf

- OREGON CHILD NUTRITION COALITION -

3083 NE 49th Place #208

Hillsboro, Oregon 97124 www.ocnc.org

Request for Proposals (RFP)

OCNC Select Commodity Processing 2025-27

Approved Commodity Processed Items Eligible for Cash Rebate, Fee for Service, and Net Off Invoice

Pricing

Issue Date – Thursday, December 19, 2024

Due Date – Thursday, January 23, 2025

Submit Proposal Electronically to:

Oregon Child Nutrition Coalition

3083 NE 49th Place #208

Hillsboro, Oregon 97124

Contact Person

Nathan Roedel, SFO, SNS info@ocnc.org

OCNC Select RFP 2025-27 http://www.ocnc.org

GENERAL INFORMATION

The Oregon Child Nutrition Coalition (OCNC) is a joint cooperative procurement group that represents approximately 160,000 students in 85 school districts and school programs in the State of Oregon. A list of current members can be found on Appendix A on page 14. Additional districts are able to join OCNC, according to membership requirements, during the term of this RFP and would be allowed to participate in existing pricing agreements offered through OCNC.

INTENT

OCNC member districts and programs intend to issue contracts to manufacturers for the purchase of commodity processed products as specified in this request for proposals included as Attachment A. The manufacturer shall be approved to accept USDA commodity products diverted by OCNC member districts under the USDA Food Distribution Program (FDP) and the State of Oregon. The manufacturer shall be permitted to use commodity product(s) for sale to third parties in connection with its normal business operation, when allowed by USDA. The manufacturer shall make and deliver commodity processed products as directed by the individual districts.

OCNC is soliciting Cash Rebate, Commercial with Fee for Service, and Net Off Invoice pricing without a commitment for volume. Pricing forms are available on the OCNC website along with other RFP documents at https://usdarfps.ocnc.org, under the Commodity Select RFP 2025-27 heading. Samples of pricing forms can be found beginning on page 21 of this document.

This procurement is issued in accordance with Federal regulation 2 CFR 200 and relevant sub sections thereof.

During the time of this procurement and to ensure product availability, member districts may reference 2

CFR.320c(3) that outlines allowances for public exigency or emergency in procurement to obtain necessary products.

The prices being requested are:

1. Cash Rebate (including commercial pricing) - Attachment I

Districts may elect to purchase commercial products and receive cash rebates. These products will be purchased from a selected distributor. Submit pricing using the Cash Rebate pricing form. Duplicate or make additional copies as needed. Each product submission page may contain up to 20 different products.

Finished products shall be delivered to either selected distributor, to the school district or to a third party warehouse. Shipping charges on all price pages shall be estimated to zip code 97070 as of January 2025.

Commercial bid prices are submitted on this form.

2. Fee for Service Pricing - Attachment J

Districts may elect to have commodity processed items made by the manufacturer delivered by a selected distributor to the school district on mutually agreed upon dates. The manufacturer shall establish a Fee for

Service (FFS) charge and shall bill the school district directly for processing and shipping costs to the selected distributor. The selected distributor shall establish fixed fees for handling and delivery to the

OCNC Select RFP 2025-27 https://usdarfps.ocnc.org school and invoice the cost plus fixed fee amounts directly to districts. Selected distributor and OCNC members shall establish the list of products, by manufacturer, that will be delivered by the selected distributor as FFS in the spring before the upcoming school year. Submit FFS pricing using the FFS form.

Duplicate or make additional copies as needed. Each page may include up to 20 products. Districts may negotiate shipping on FFS items either to their own warehouses or to third party warehouses at the time of award. Shipping charges shall be proportional to the original submission by the proposer.

3. Net Off Invoice (NOI) Pricing - Attachment K

Districts may elect to purchase commercial products and receive NOI pricing. These products shall be purchased from a selected distributor. Submit products using the NOI pricing page, Attachment I. Proposers may duplicate or make additional copies as needed. Each page may contain up to 20 different products.

Items must have sufficient volume to be handled as a NOI item by the selected distributor under the terms negotiated with OCNC. Selected distributor and OCNC members shall establish an NOI list of products, by manufacturer, that will be delivered by selected distributor in the spring prior to the upcoming school year.

Note: It is strongly recommended that manufacturers offering NOI complete the FFS pricing pages so that, in the event the product does not get enough volume to come through the distributor, it can be offered through a third party warehouse or direct to the district with the FFS pricing.

Failure to quote FFS pricing on NOI items may result in canceled orders. In the case a selected distributor does not carry the item, school districts may not be able to purchase due to incomplete procurement activity to qualify the purchase.

Pricing pages for items listed in Attachment A must be completed for all products proposed regardless of the availability of manufacturer-created electronic product calculators for commodity diversion.

The State of Oregon has established a standard of one full truckload of diverted product for the entire State, in most cases, as a requirement for a manufacturer to participate in commodity processing for any school districts in the State. The State may combine a number of partial trucks with other state’s orders to achieve the full truckload level. Failure by the manufacturer to receive diversion poundage totaling one truckload from the entire State of Oregon or one combined truckload as coordinated by the State may result in the State canceling related orders. The solicitation award from this RFP regarding related product(s) would then not apply to unavailable products.

OCNC Select RFP 2025-27

Select RFP TIMELINE

December 19, 2024 RFP issue date

RFP posted with Oregon Buys procurement network

RFP posted on OCNC web site http://usdarfps/ocnc.org

January 9, 2025 Questions, Errors, and Clarification submissions by 2:00 p.m. PST

January 14, 2025 Responses to Questions, Errors, and Clarifications

January 23, 2025 Proposal due by 2:00 pm, PST – not publicly opened

Submit response to info@ocnc.org (or upload by request)

January 28, 2025 Notification of products to be Taste Tested at the OCNC

Commodity and New Products Show (CNPS) February 13

February 13, 2025 Product Taste Testing, as necessary, at the CNPS, Whithycombe

Armory and Event Center, Clackamas, OR

February 20, 2025 Notice of Intent to Award

February 28, 2025 End of RFP Protest period

March 7, 2025 Estimated Deadline for districts to divert commodities through ODE

OCNC Select RFP 2025-27 http://usdarfps/ocnc.org mailto:info@ocnc.org

NOTICE OF REQUEST FOR PROPOSAL

OREGON CHILD NUTRITION COALITION

SELECT COMMODITY PROCESSING 2025-27

Fee for Service, Net Off Invoice, and Cash Rebate Pricing for select USDA & Oregon Department of

Education Approved Commodity Processed Items

Issue Date: December 19, 2024

Due Date: January 23, 2025, 2:00 pm, PST

The Oregon Child Nutrition Coalition (OCNC) is requesting proposals for Cash Rebate, Fee for Service, and

Net Off Invoice pricing for select commodity diverted products. Products must be approved by ODE for commodity processing without a volume commitment for the 2025-26 school year. The purpose of this Select

RFP is to solicit pricing, evaluate product qualities, and consider submitted information for specified commodity diverted and processed products used by OCNC members. Awarded products will be determined and identified by product description, price, and experience testing.

Interested vendors will be requested to submit product information and pricing via email, or by requesting an upload link, using supplemental information included in the RFP “Instructions to Proposers'' document, to be released on December 19, 2025. Vendors will be responsible to demonstrate competitive products, as notified, at the OCNC Commodity and New Products Show, February 13, 2025. For more information or to register for the show, visit www.ocnc.org.

Proposals received after the designated time and date will not be considered. Failure to submit requested documentation or documentation submitted that does not include the required information will be deemed incomplete and shall not be considered.

Oregon Child Nutrition Coalition members reserve the right to reject any and all bids and/or to waive any and all irregularities in the best interest of OCNC members.

Copies of the Request for Proposal document and information regarding OCNC opportunities and events are posted on the OCNC website at: www.ocnc.org

OCNC Select RFP 2025-27 http://web.me.com/janet.beer/OCNC/Information.html

DEFINITIONS

FNS - Food and Nutrition Services, an organization within the USDA

ITB - Invitation to Bid

Non-responsive – a proposal is considered “non-responsive” if the proposal has not been prepared in full compliance with the requirements.

OCNC – Oregon Child Nutrition Coalition. A 501 (c) 3, public non-profit incorporated group of qualifying Child Nutrition programs that have agreed to purchase cooperatively to take advantage of volume prices for foods and supplies.

OCNC staff– shall mean either Nathan Roedel – nate@ocnc.org, or Cindi Hiatt-Henry,cindi@ocnc.org,, Co-Executive

Directors of OCNC.

ODE – Oregon Department of Education oregonbuys.gov – State of Oregon procurement information tool. Located at www.oregonbuys.gov

OSNA – Oregon School Nutrition Association, a state-affiliate of the national organization, School Nutrition Association.

Proposer - shall mean the person or firm that submits an offer in response to this solicitation.

RA – Recipient Agency

Responsible – accountable or capable to meet the terms of the contract for the goods, products or services being procured.

Responsive –A proposal is considered “responsive” if the proposal has been prepared in full compliance with the requirements.

RFP - Request for Proposal

SFA – School Food Authority

Sponsor - A governing body that is responsible for the administration of one or more schools and has the legal authority to operate the Child Nutrition Program therein or be otherwise approved by FNS through ODE to operate the Child

Nutrition Program. School Year – a 12 month period starting July 1 of a calendar year and ending June 30 of the next calendar year.

Specification – description of product or service that a purchaser seeks and a description of what a proposer must offer.

USDA –United States Department of Agriculture

Vendor Email List – a list of proposer email addresses of companies or individuals who wish to be notified of OCNC procurement activities. Companies or individuals can be added to the list by emailing info@ocnc.org

OCNC Select RFP 2025-27 mailto:nate@ocnc.org mailto:cindi@ocnc.org http://www.oregonbuys.gov

INSTRUCTIONS, TERMS AND CONDITIONS

Preparation of RFP Bid Submissions

1. RFP Submissions must be submitted electronically as directed. Portion sizes shall be defined using traditional food based menu planning. Portion size for entrees shall not be less than one meat/meat alternate. Portions for fruit and vegetable products shall be equal to a minimum one quarter cup fruit/vegetable serving, unless otherwise indicated. The processor shall define portion sizes for all other items.

Three pricing options may be offered, including:

a. Cash Rebate

b. Fee for Service (FFS)

c. Net Off Invoice (NOI)

Pages for price submission are located on the OCNC website under the commodity RFP’s page http://usdarfps.ocnc.org or www.ocnc.org.

Submissions should list each proposed product with pricing outlined on provided pricing pages with up to 20 products each per page. Proposers may duplicate sheets as necessary. Supplemental nutrition and crediting information is required for all products submitted for consideration. Unsigned proposals will not be considered.

2. Bid submission

Signed Instructions to Proposers RFP document, nutrition information, and pricing pages must be emailed or uploaded, and received by 2:00 pm on January 23, 2025 to info@ocnc.org. Email info@ocnc.org to receive a link for uploading documents if preferred or necessary. A list of items for which pricing is sought is included as

Attachment A.

Do not mail hard copies of bid documents. There will not be a public opening of this RFP

Email or upload the following PDF files as the electronic response to info@ocnc.org:

● Completed pricing page(s)

● The entire, signed RFP document, attachments and addendum acknowledgement

● SEPDS – multiple products on each page

● Nutrition Facts Labels with ingredient statements – only one product per electronic file. Do not scan multiple product data and send as a single file. Label each product file with the product name, pertinent information, size, manufacturer’s name and code number. For example:

‘5551122 Pepperoni pizza 16”, ABC Company, SEPDS

[Mfr ID#] [Product Name_Desc], [Manufacturer], [Doc info type]

● For all products with CN labels - a copy of the CN label with a watermark stating, “Copy not for documenting Federal Meal Requirements” or with the Federal Inspection Legend

OCNC Select RFP 2025-27 http://usdarfps.ocnc.org http://www.ocnc.org mailto:info@ocnc.org removed/redacted if applicable. CN box must still be legible with component crediting amounts identified.

● For products without CN labels, only - a signed Manufacturer’s Product Formulation Statement for all component credits.

● In the event electronic files are too large to email (multiple emails are permitted), email info@ocnc.org and a shared, unique online upload link can be provided for uploading of electronic files.

Submit information only for products that pricing is offered. Do not submit information for additional manufacturer’s products or for items not listed on submitted pricing request pages. Identify the RFP category that submitted items are to be considered for.

3. Errors and Corrections

No erasures permitted. Mistakes may be crossed out and corrections made adjacent but must be initialed in ink by the person signing the bid. Proposals cannot be corrected or altered after being “opened” (or after final bid submission or after the due date/time). There will not be a public opening.

4. Acceptance of Proposals

Late proposals will not be accepted.

5. Bid Signatures

All proposals must show the firm name and be signed in ink or electronically by a responsible officer or employee that is fully authorized to bind the organization to the terms and conditions herein. Obligations assumed by such signature must be fulfilled.

6. Warranty/Quality

The supplier, manufacturer, or his assigned agent shall guarantee the food products against all defects.

7. Pricing – Term of Contract

Contract term is one (1) year, with the potential of up to one (1) additional year upon renewal approved by the

OCNC Board of Directors. Upon renewal, increases in commercial pricing may not exceed the Consumer Price

Index (CPI), Food Away From Home, Food at employee sites and schools, as of December 2024.

(data.bls.gove/cgi-bin/srgate)

If, upon renewal of this agreement, a manufacturer chooses to discontinue offering an awarded product, they will notify OCNC by July 30, 2025.

8. Shipping

Shipping fees are to be calculated as if the minimum delivery of product was shipped to zip code 97070 as of

December 2024.

OCNC understands that the actual shipping cost may vary, but is requesting this pricing location at a single point in time so it may be evaluated as a part of cost. Shipping fees for the year shall remain approximately the same unless there is a demonstrated extraordinary increase in expenses. Approval of any increase shall solely be at the discretion and determination of OCNC.

OCNC Select RFP 2025-27

Districts may negotiate shipping to their warehouse or to a third party warehouse. Shipping charges to these locations shall bear a proportional relationship to the proposed shipping charges as described above, adjusted as appropriate for location and volume. Final actual shipping charges by successful vendors may not increase more than actual verifiable increases in shipping costs, adjusted as per shipper’s standard terms for volume.

9. No Minimum or Maximum Quantities, Order Charges or Limitations upon Number of Orders.

OCNC cannot guarantee the number of truckloads of each USDA commodity a manufacturer may receive.

10. ODE Vendor Approval

The vendor must have signed a National Processing Agreement approved by USDA and the Oregon

Department of Education. Food items shall be processed in accordance with the agreement between the manufacturer, the State of Oregon, and USDA.

11. Cancellation

Terms of cancellation or termination of contract shall be in accordance with individual school districts method of award, as listed in these terms and conditions, and according to applicable local or state policies.

12. Buy American: Bidder shall comply with the Buy American requirement, which prescribes that members participating in federal meal programs are required to purchase domestic commodities and products for meals to the maximum extent practicable. Domestic commodities must be grown in the US and the food product must be substantially (51% or more) processed in the US.

13. Federal, State and Local Regulations

All items delivered to OCNC member districts shall conform to applicable requirements of federal, state, or local statutes and/or regulations. It is the responsibility of each bidder to examine the entire solicitation, seek clarification by email to info@ocnc.org and check its offer for accuracy before submission. Lack of care in preparation of the offer shall not be grounds for withdrawing the offer after the offer due date and time, nor shall it give rise to any contract claim.

14. Insurance Requirement

Vendor must carry at least $1,000,000 general liability insurance, per occurrence with $2,000,000 aggregate

All employers, including proposer, shall provide workers’ compensation insurance as required by applicable workers’ compensation laws for persons performing work under this contract including Employers’ Liability

Insurance with limits not less than $500,000 each accident. Contractor shall require and ensure that each of its subcontractors complies with these requirements.

15. Bonds

Neither bid nor performance bonds will be required in the performance of this contract.

16. Errors and Clarification

Any vendor that finds errors or who needs clarification of any bid document shall email info@ocnc.org no later than 2:00 p.m. PST, January 9, 2025. Written responses will be e-mailed to all vendors on the current vendor list in the form of an addendum not later than January 14, 2025. All addenda will be posted on OCNC website

OCNC Select RFP 2025-27 at www.ocnc.org on the Commodity RFP page and at Oregonbuys.gov. Addendums must be acknowledged on the appropriate bid form. It is the sole responsibility of the vendor to be certain that addenda have been received and attested.

17. Transfers or Assignment

Bidder shall not assign any right nor delegate any duty under this contract without the prior written notification and approval of the member districts.

18. Acceptance of Conditions

Each bidder, by the submission of a proposal, assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby.

19. Disclosure

Proposals will not be made a part of the public record until after the member districts have completed their diversion with ODE and awarded products have been announced. Responses to the RFP shall be available by emailing a request to info@ocnc.org.

20. Reservations

The OCNC members herein expressly reserve the right:

● To reject all bids if it is in the public interest to do so;

● To waive any and/or all irregularities in the bids submitted;

● To base award with due regard to quality;

● To reject any bid not in compliance with prescribed public bidding procedures and requirements.

● OCNC may reject any or all proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of OCNC members, as determined by

OCNC. OCNC is not liable to any proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any proposal.

21. Hold Harmless

The vendor shall defend, indemnify and hold harmless the OCNC from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this contract by the vendor, its agents, employees, and subcontractors or any one for whom the vendor is responsible. Any provisions or limits of insurance set forth in this contract shall not limit the vendor’s liability. The obligations, indemnities and liabilities assumed by the vendor under this paragraph shall not extend to a liability caused by the negligence of the OCNC or its officers.

22. Non-collusion

By signing the offer and acceptance form or other official contract form, the proposer certifies that this price is offered without any prior understanding, agreement or connection with any corporation, firm or person submitting a price for the same products. The proposer certifies that they understand that collusive bidding is a violation of federal/state law and shall be grounds to reject a proposal as non-responsive.

OCNC Select RFP 2025-27 http://web.me.com/janet.beer/OCNC/Information.html

23. Audit

The OCNC, the Oregon Department of Education, USDA, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the vendor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The vendor must maintain all required records for three years after districts make final payment and all other pending matters are closed.

24. Force Majeure

Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contract or the school district.

25. Protests

A written protest of this RFP or any condition shall be received by Nathan Roedel, OCNC, 3083 NE 49th Place

#208, Hillsboro, Oregon, 97124, or emailed to info@ocnc.org no later than February 28, 2025.

A protest shall include:

1. The name, address, email address, and telephone number of the protestor.

2. The signature of the protestor or an authorized representative of the protestor.

3. A detailed statement of the legal and factual grounds of the protest including copies of relevant RFP documents.

4. The form of relief or remedy requested.

A protest of a proposed award or of an award shall be filed with the individual district or OCNC within seven (7) days of the Notice of Intent to Award, ORS279B.135. Any protest to an individual district will be in accordance with that district’s standard protest policies and procedures.

26. Updated Pricing

Vendors who respond to this bid may submit updated pricing and nutrition information in September of each year; this procurement is in effect, only for products that are reformulated or new. Vendors who do not respond to the original RFP may not submit prices.

27. Commodity Hold and Recall

Each OCNC member will assign at least one food safety contact (Food Safety Coordinator), and alternate, who will be contacted in the event of a recall. When a recall occurs, the following procedures are initiated:

OCNC Select RFP 2025-27

1. The School Food Authorities (SFAs) are notified by the Oregon Department of Education (ODE) about the

USDA Foods recall.

2. SFAs that have redirected a recalled USDA Food product for further processing are responsible for contacting all further processors.

a) SFAs, immediately upon receiving notification of the recall, must isolate and label the recalled product so that it is not used. SFA’s should conduct an inventory to determine the amount of product:

I. Served

II. Remaining in inventory at schools, warehouses, and with their distributors

III. Further distributed to program participants

IV. Redirected for further processing

3. The SFA is responsible for reporting to ODE the identity and quantity of the product that was redirected and produced, the amount remaining in their inventory, the quantity of end-product served, and fulfilling any other prescriptions associated with the recall notification and directives.

4. ODE is responsible for reporting to USDA/FNS all quantity information received from SFAs.

Hold/Recall Contact Information: At a minimum, the processor must provide hold and recall contact information including:

Hold/Recall Primary Point of Contact for member

Name/Title

Telephone Number

Mobile Phone Number

Fax Number

Email Address

Hold/Recall Alternate Point of Contact for member

Name/Title

Telephone Number Processor Food Recall Procedure

The Processor is to submit this information using Attachment P.

1. Distributors must also immediately notify SFAs about recalls.

2. Distributors must provide information to the processor and the entity that contracted with them to distribute the food (i.e., processor or SFA). The information should include the quantity of product remaining in their inventory and quantity of product delivered to each SFA.

3. SFAS are responsible for providing information about the quantity of product in their inventories directly to the

Oregon Department of Education.

a) The processor compiles information received from each distributor regarding the quantity of product remaining in the distributor’s inventory, and the quantity of product shipped to each Receiving

Agency.

b) The processor reports all quantity information to the SFA and ODE.

c) ODE is responsible for reporting to USDA/FNS all quantity information received from processors and

SFAs.

AWARD OF PROPOSAL

1. The Proposals shall be evaluated by OCNC and/or member districts. Those proposals submitted that do not meet the mandatory requirements will not be rated nor considered. Select products are listed on

Attachment A.

Criteria for evaluation of individual products shall include:

● Price – Price to be used in evaluation shall be true cost per portion. Proposed products shall be analyzed by price and/or by vendor totals.

● Product Grouping - Dependent upon the size and the amount of the diversion, Product must meet program and requested nutrition qualifications. Failure to submit supporting documentation shall disqualify the product. [Pass/Fail]

● OCNC may choose to combine individual product scores by manufacturer and choose a single manufacturer for a product category (e.g. processed chicken) when it is demonstrable the grouping is in member districts best interests.

● Scoring – scoring shall be assigned as follows:

a. Price 46 points - per serving/portion criteria; full points-reduction will be assigned by deducting the proportionate percentage over the low bid (e.g. low bid = $1.00, 2nd low-bid = $1.10, a 10% point reduction is assigned; or minus 4.6 points).

i. Lowest price(s) shall be a pre-qualifier for finalists. Only the two products with the lowest cost as described above shall be eligible for taste test evaluation and scoring.

b. Taste Test - 44 points - Product(s) will be evaluated based upon representative flavor, appearance, texture, shape, and color.

i. In the event a lone item is proposed for a RFP Item # Taste testing may be waived, at the discretion of OCNC.

c. Optional Product Grouping - 10 points (optional) - OCNC may determine to award additional points when grouping is justified and documented to benefit member districts.

Determination shall be solely made by OCNC and/or it’s members. and award details are available by request and by public inspection.

● An award summary based upon this criteria will be posted at www.ocnc.org.

3. Member districts are invited to evaluate submissions including a complete review of all documents submitted. The invitation may include conferring with selected customers and processor representatives in review of related proposals.

4. An award to any proposer shall not constitute a rejection of any other bid.

5. In the event two or more proposals shall be for the same value the members of OCNC may award the contract as deemed appropriate and using any clarifying factors. Any such factors will be announced and publicly available by posting on the OCNC website.

6. Notification of Intent to Award shall be as described in ORS 279B.135

OCNC Select RFP 2025-27

Appendix A - OCNC Members (as of December 2024)

Amity School District Neah-Kah-Nie School District Astoria School District Nestucca Valley School Dist. #101 Athena-Weston School District Newberg School District Brookings Harbor School District North Bend School District Butte Falls School District North Douglas School District Cascade School District North Marion School District #15 Camas Valley School District North Santiam School District Centennial School District North Wasco School District Central Linn School District Oakland School Dist. #1 Clatskanie School District 6J Oakridge School District Colton School District #53 Ontario School District Coquille School District Oregon Trail School District #46 Culver School District #4 Pilot Rock School District David Douglas School District Port Orford Langlois School District Days Creek School Rainier School District #13 Dayton Public Schools Reedsport School District #105 Dufur SD (Wasco County 29) Reynolds School District Echo School District 5R Santiam Canyon School District Estacada School District #108 Sauvie Island Academy Gervais School District #1 Scappoose School District Gladstone School District Seaside School District Glendale School District #77 Sheridan School District #48J Grants Pass School District Sherman County School District Harney County (Burns-Hines) School District Sherwood School District Hillsboro School District Siuslaw School District Holy Redeemer School South Lane School District Hood River County School District South Wasco County School Dist.

Ione School District R2 Spray School District #1 Jefferson County School Dist. 509J (Madras) St. Helens School Dist. #502 Jefferson School District St. Paul School District Jewell School District Sutherlin School District Junction City School District Sweet Home School District

Klamath County School District Tigard-Tualatin School District Knappa School District Union School District #5 La Grande School District Vernonia School District 47J Lake Oswego School Dist. 7J Warrenton-Hammond School Dist.

Lowell School District Washington County CAO/Head Start Mapleton School District West Linn Wilsonville SD Marcola School District Willamina School District 30J McMinnville School District 40 Woodburn School District Mt. Angel School District #91 Yamhill Carlton School District Multnomah Co Juvenile Justice Yoncalla School District Myrtle Point School District (85 Members)

ATTACHMENT A - SELECT PRODUCTS LIST

Included as Separate Document

ATTACHMENT B

BIDDER RESPONSE CHECKLIST

Select Commodity Processing RFP 2025-27

All items must be submitted electronically unless otherwise noted by email to info@ocnc.org

1. Cover Sheet – Attachment E

2. Production Code Explanation – Attachment F

3. Addenda Acknowledgement – Attachment G - must be signed and dated for each addendum.

4. Entire RFP Instructions to Bidders with Attachment H Signature Page signed.

5. For each product submit:

● Completed price pages, Attachment I, J and K, identify product(s) by RFP Item # and Manufacturer

● SEPDS – multiple products on each page

● Nutrition Facts Labels with ingredient statements –only one product per electronic file. Do not scan multiple products and send as a single file. If the Nutrition Facts Label does not include the ingredient list, please submit them separately.

● For all products with CN labels - a printed copy of the CN label with a watermark stating “Copy not for documenting Federal Meal Requirements” or with the Federal Inspection Legend removed/redacted if applicable. CN box must still be legible with component crediting amounts

● Only for products without CN labels - a signed Manufacturer’s Product Formulation Statement

● Electronic file naming convention - Label each product file with the product identification number, product name or description, pertinent information, manufacturer and document type. For example: ‘5551122 Pepperoni pizza 16”, ABC Company, SEPDS

[Mfr ID] [Product Name_Desc], [Manufacturer], [Doc info type] o Mfr ID: Manufacturer assigned identification number o Product Name_Desc: Brief item identification o Manufacturer: Manufacturer name o Doc info type: SEPDS, Mfr Statement, CN Label, Nutrition Stmt, Product Formulation Stmt, etc.

● In the event the electronic files are too large to email contact info@ocnc.org to inquire about another electronic delivery method available.

6. Submit signed Attachment L- Debarment and Suspension, Attachment M- Suspension and Debarment and Attachment N- Certification Regarding Federal Matters, Attachment O - Civil Rights Assurance

OCNC Select RFP 2025-27

ATTACHMENT E

COVER SHEET

RFP Issued: December 19, 2024

Due Date: 2:00 p.m. PST

January 29, 2025

Email submission to: info@ocnc.org

NAME OF BIDDER: __________________________________________

PHONE NUMBER: (_______) _________ -- ______________

CONTACT PERSON: __________________________________________

EMAIL ADDRESS __________________________________________

BROKER OR REP __________________________________________

Note: All proposals are to be filed in accordance with Rules, Regulations, Statutes, Ordinances and

Specifications as outlined in the attached material and as applicable by the Federal, State and Local

Governments. Vendors/Contractors are advised to familiarize themselves with applicable ORS, OAR, AG

Model Public Contract Rules, and UCC as applicable in Oregon. All are applicable and may not be fully detailed in this solicitation document.

OCNC Select RFP 2025-27

ATTACHMENT F

MANUFACTURER PRODUCTION CODE EXPLANATION

Describe the Production Code stamped on each case and what information is listed and how it is deciphered.

Example: code may be “31422-6-3”, which could mean the product was produced on March 14, 2022 at plant

#6 in Dallas, third shift. The OCNC is looking for this information to better communicate with the manufacturer and to ensure better product rotation at the school level and/or aid in response to product recalls.

Sample Code Explanation

ATTACHMENT G

ADDENDA ACKNOWLEDGMENT

I/we acknowledge receipt of the following addenda:

(Note addenda number, date and signature to acknowledge receipt.)

Addenda Number Date Signature

ATTACHMENT H

SIGNATURE PAGE

The undersigned hereby propose to furnish, within the time specified, the items listed, to be delivered in accordance with foregoing specification hereto attached, for the amount set opposite each item.Upon acceptance by OCNC and its members this becomes a binding agreement.

BIDDER’S EMPLOYER FEDERAL IDENTIFICATION NUMBER ____________________

EMPLOYER STATE IDENTIFICATION NUMBER (if available) ____________________

Bidder’s failure to execute/sign bid prior to submittal may render this submission as a non-responsive bidder.

Organization Name (print)

Name and Title of Authorized Representative (print)

Email address of Authorized Representative (print)

Address

City, State Zip

I certify by my signature below that the prices quoted in this bid are correct and that the bid conforms to all specifications and requirements outlined in this solicitation document. I further certify that I have the authority to obligate the company to perform under the terms and conditions stated in this solicitation document, which is hereby incorporated by reference and made a part hereof, and the company agrees to be bound by such terms and conditions and any resulting contract. I further agree that any conflict between the terms and conditions of this solicitation document and the company’s bid documents will be resolved in favor of this solicitation document, except as may be otherwise agreed to in writing by the company and the Sponsor.

The undersigned hereby offers to provide End Products as specified in this bid for the period starting July 1, 2025 and ending June 30, 2026, with a to-be-determined 1-year extension through June 30, 2027.

I understand that the Sponsor reserves the right to reject any or all bids, and that this bid may not be withdrawn during a period of thirty (30) days from the time of opening of the bid.

SIGNATURE (Of authorized representative) Date

ATTACHMENT I

EXAMPLE CASH REBATE (REBATE)

ATTACHMENT J

EXAMPLE FEE FOR SERVICE (FFS)

ATTACHMENT K

EXAMPLE NET OFF INVOICE (NOI)

ATTACHMENT L

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS OF PRIMARY COVERED

TRANSACTIONS

2 CFR 200.213- Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

(Before completing certification, read instructions on attachments L, M, & N)

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application 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 governmental entity

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions

(Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

By: _____________________________________________

Name and Title of Authorized Representative

Signature of Authorized Representative

ATTACHMENT M

SUSPENSION AND DEBARMENT CERTIFICATION

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds

$100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

-- LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and

Suspension, Title 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture DAS with which this transaction originated.

(Before completing certification read instructions on attachments L, M, & N)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or DAS.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name

Names(s) and Title(s) of Authorized Representative(s)

Signature(s)

Date

ATTACHMENT N

CERTIFICATION REGARDING FEDERAL MATTERS

Because certain Authorized Purchasers may utilize federal funding to purchase Goods and Services under a

Contract, all Proposers must complete and submit this certification as part of submitting a Proposal. If federal terms and conditions are applicable to a Contract, the Sponsor will attach and incorporate the specific relevant federal provisions into the purchase order form.

Proposer shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to this and resulting Contracts. These may include but not be limited to:

(1) If the Contract is for more than $10,000, compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, in section 702(a) of the Civil

Rights Act of 1964, 42 U.S.C. 2000e-1, is not forfeited.

(2) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of

Labor regulations (29 CFR part 3).

(3) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5).

(4) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.

327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

(5) If the Contract is for more than $100,000, compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33

U.S.C. 1368), Executive Order 11738, and Environmental Protection DAS regulations (40 CFR part 15).

(6) Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.

94-163, 89 Stat. 871).

(7) When the value of the individual contract exceeds $100,000, that federal funds were not used to pay any person or organization for influencing or attempting to influence an officer, employee of any agency, member or agent working on behalf of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352 (Byrd Anti-Lobbying Amendment)

(continued)

ATTACHMENT N

CERTIFICATION REGARDING FEDERAL MATTERS

(Page 2, continued)

(8) Compliance with mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of certain recovered materials. (e.g. paper or paperboard)

Organization Name

Name(s) and Title(s) of Authorized Representative(s)

Signature Signature 2 (if applicable)

Date Date 2 (if applicable)

ATTACHMENT O

CIVIL RIGHTS ASSURANCE

Requirements listed in 7 CFR 15.4 apply to USDA Child Nutrition programs and describe that the entire Civil

Rights Assurance Statement must be included on all contracts, agreements, and solicitations. Signature of this attests to the compliance of law by the awarded contractor. The awarded contractor hereby agrees that it will comply with:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English

Proficiency." (August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of Agriculture

(USDA) (7 CFR Part 15 et seq.);

viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S.

Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity

(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, ATTACHMENT O

CIVIL RIGHTS ASSURANCE

(Page 2, continued) or any improvements made with Federal financial assistance extended to the Program applicant by USDA.

This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the awarded entity agrees to compile data, maintain records, and submit records and reports, as required, to permit effective enforcement of nondiscrimination laws and permit authorized

USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the contractor, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the awarded organization.

Signature(s) Date

Printed Name:

Title:

Contractor/Organization :

ATTACHMENT P

RECALL PROCEDURE CONTACTS

Use this document to identify the Hold/Recall Points of Contact for Processor

Primary Contact Name Primary Phone

Position/Title Mobile Phone

Email Address Fax Number

Alternate Contact Name Alternate Primary Phone

Alternate Contact Position/Title Alternate Mobile Phone

Alternate Email Address Alternate Fax