1-1 Instructions to Proposers SRFP 23.1.pdf

Oregon Child Nutrition Coalition

℅ Hillsboro School District

3083 NE 49

th

Place #208

Hillsboro, OR 97124

Supplemental Request for Proposals #2023.1

Instructions to Proposers

Issued November 29, 2022

Due December 29, 2022

On or before 2:00 pm PST

Submit Proposal by email only to:

info@ocnc.org mailto:info@ocnc.org

Oregon Child Nutrition Coalition Supplemental Items RFP Overview

Enclosed are instructions and proposal requirements. All RFP documents are posted on the Oregon Child

Nutrition Coalition (OCNC) web site at: http://srfps.ocnc.org or www.ocnc.org, and www.oregonbuys.gov .

OCNC is a non-profit corporation composed of Child Nutrition (CN) program-only members agreeing to purchase cooperatively to solicit better volume pricing of products and supplies. Members include non-profit food service departments of public and private school districts and approved programs in the state of Oregon.

OCNC initially awarded the Broadline Food/Supply Request for Proposals for the 2022-23 school year to

Sysco Portland. The purpose of this Supplemental Request for Proposals 2023.1 is to request the addition of products and establish pricing of items not currently on the award list. Items proposed shall not duplicate items currently awarded and available on the awarded products catalog.

Items will be requested as Manufacturer Defined. Manufacturer Defined items will be described as the specific product(s) members have made commitments to purchase or “equal” for the time period identified in this Instructions to Bidders document.

All items submitted as “equal” to those listed as Manufacture Defined will be reviewed for “equal” determination and may be taste tested by members. Competing items (proposed vs. equal) will be tested and awarded using a combination of price and taste-test scoring criteria. Prices for Manufacturer Defined shall be offered to members through Sysco Portland on Attachment F. Distribution of Manufacturer Defined products to OCNC members may be, at the member’s option, either through Sysco Portland or directly shipped to the individual districts.

Generic Items may be included or substituted at the discretion of OCNC. Generic items are such as general baking supplies or staple items such as butter, canola oil, all-purpose baking flour, etc.

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, OCNC encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. OCNC also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information please visit:

http://www.oregon4biz.com/How-We-Can-Help/COBID/

Proposals shall be received for consideration until 2:00 pm PST, December 29, 2022 by email only to info@ocnc.org . Late proposals shall not be considered.

Proposals will not be publicly opened. The award shall be based on a combination of submitted pricing, taste test scores, if applicable, and any other evaluation of factors outlined in this request for proposals. All submitted products may not be awarded.

Proposals shall remain confidential until 7 days after the announcement of award, after which they will be available for public inspection by emailing info@ocnc.org.

OCNC SRFP #2023.1

http://srfps.ocnc.org http://www.ocnc.org http://www.oregonbuys.gov http://www.oregon4biz.com/How-We-Can-Help/COBID/

OREGON CHILD NUTRITION COALITION

SRFP-2023.1 RFP Calendar

Email & Public Issuance of SRFP-2023.1 (oregonbuys.gov) November 29, 2022

Questions, Errors and Clarifications due, 2:00 p.m. PST December 13

Responses to Questions, Errors and Clarifications December 15

SRFP 2023.1 Sysco Portland response due 2:00 p.m. PST December 29

Nutrition Information “equal” products to info@ocnc.org due 2:00 p.m. PST January 2, 2023

List of competing products to vendor/representatives & OCNC members January 2

Notice of acceptance of alternate products for taste testing January 4

Taste Test (if applicable); OCNC Commodity & New Products Show February 2

Award Notification of new products for addition to the product list February 14

End of proposer protest period February 21

OCNC SRFP #2023.1

DEFINITIONS

Delivered Cost – the most recent manufacturer, grower or private label holder commercial price per unit to the proposer inclusive of standard freight to Sysco Portland.

Equal - Products that are determined to be like, equal, or same for the purposes of identifying competition of specified products for addition to the member currently approved product list.

Fixed Fee – the firm fixed price portion of the Total Product Price, offered as a dollar amount per unit of issue. The fixed fee for Sysco Portland for items added by the Supplemental RFP has been set in OCNC

Broadline Distributor RFP 2023 on Attachment L.

Material Change – for this solicitation shall mean the amount of increase in either volume of cases or dollars expended that would change a proposer’s response. Material change shall only occur if the total

OCNC purchases from the Broadline RFP #2023 increases by 18% or more through Sysco Portland. It does not refer to the increase in purchases of a single product.

Memorandum of Understanding (MOU) –During the term of the RFP there may be unforeseen issues as to price, delivery, quality, shortages, etc. an MOU is a mutual agreement between Sysco-Portland and OCNC identifying resolution to such matters. MOU’s are posted to the OCNC web site. MOU’s shall not create a material change in the original agreement.

Oregon Child Nutrition Coalition (OCNC) – 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. A member list and copy of the member contracts is on the OCNC web site.

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

OCNC website – www.ocnc.org

ODE –Oregon Department of Education

Oregon Buys – State of Oregon Procurement solicitation platform www.oregonbuys.gov

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

Nutrition Association.

Product Allowance – discounts, rebates, and allowances intended by the provider to be passed on to

OCNC members. All discounts, rebates or allowances on particular items or otherwise given to the proposer by the manufacturer, grower or private label holder, shall be passed on by the proposer to the

OCNC member, in the form of an up-front price reduction.

Products that are “equal” – alternates to the listed item on the specification that are, in the judgment of

OCNC member districts, equal in quality, value and nutrient content to a proposed product.

OCNC SRFP #2023.1

mailto:cindi@ocnc.org mailto:nate@ocnc.org http://www.ocnc.org http://www.oregonbuys.gov

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

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.

Sponsor - the governing body, which 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 – 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.

Sysco Portland – a broadline foodservice distributor located at 26250 SW Parkway Center Drive, Wilsonville, Oregon, 97070. Contact person for OCNC accounts is Andrea Williams, 208-500-9525.

USDA –United States Department of Agriculture

Vendor email list – a list of manufacturer, distributor, vendor and broker’s 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.

DOCUMENT PREPARATION INSTRUCTIONS

1. Document Submittal

One complete electronic copy is to be emailed to info@ocnc.org by Sysco-Portland staff on or before the proposal due date listed on this solicitation. Late proposals shall not be considered.

2. Signatures

Proposal quotations and signatures must be submitted on Attachment A provided and shall be signed as follows:

In the case of an individual proposer, by such individual proposer.

In the case of a partnership, the name of the partnership must appear on such proposal and it shall be signed in the name of such partnership by at least one partner. In addition to such signature, the names of all partners shall be stated in such proposal.

In the case of a corporation, the corporate name shall be subscribed by the president or other managing officer, and there shall be set forth under the signature of such officer the name or the office they holder the capacity in which they act for such corporation.

3. Errors and Clarifications

Any proposer who has questions, finds errors, or needs clarification, must send them by email only to:

info@ocnc.org on or before December 13, 2022. Written responses will be posted on the OCNC web site on or before December 15, 2022.

All addenda must be acknowledged on Attachment B. OCNC is not responsible for any alleged explanation, clarification or interpretation made or given in any manner except by addenda.

GENERAL TERMS AND CONDITIONS

1. Acceptance of Conditions

Each proposer, 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.

2. 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 contractor or the OCNC member.

3. Insurance Requirement

The contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers.

Contractor must also carry a minimum $1,000,000 general liability insurance.

4. Bonds

Neither RFP nor performance bonds will be required.

5. Equal Employment Compliance Requirement

By submitting this proposal, the proposer certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon State

Governments, having responsibility for the enforcement of such laws, shall be supplied to OCNC upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders.

In accordance with Federal civil rights law and 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, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by

USDA.

Persons with disabilities who require alternative means of communication for program information

(e.g. Braille, large print, audiotape, American Sign Language, etc.) should contact the DAS (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay

Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint

Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any

USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) Mail:U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) Fax: (202) 690-7442; or

(3) Email: program.intake@usda.gov

OCNC members are equal opportunity providers.

OCNC SRFP #2023.1

http://www.ascr.usda.gov/complaint_filing_cust.html mailto:program.intake@usda.gov

6. Non-assignability

Neither the resulting contract(s) nor any interest of the contractor(s) therein can be transferred to any other person or persons without the written consent of the members of the OCNC and any such attempted transfer shall be utterly void and may be treated by the members of the OCNC as a willful failure or refusal on the part of the contractor(s) to perform the contract(s) according to its/their terms and conditions.

7. Audit

The OCNC, the ODE, USDA, 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 contractor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The contractors must maintain all required records for three years after OCNC members make final payment and all other pending matters are closed.

(OMB Circular A-102)

OCNC staff shall audit pricing for a variety of products OCNC members have purchased at two times per year, but not less than once per year.

8. Debarment Disclosure

If any proposer has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, the proposer shall disclose that information in its offer on

Attachments C and D. Proposer shall sign Attachments C and D. Failure to do so shall result in rejection of its proposal.

9. Hold Harmless

The proposer 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 proposal by the proposer, its agents, employees, and subcontractors or any one for whom the proposer is responsible. Any provisions or limits of insurance set forth in this proposal shall not limit the proposer’s liability. The obligations, indemnities and liabilities assumed by the proposer under this paragraph shall not extend to a liability caused by the negligence of the OCNC or its officers.

10. 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.

11. Cancellation

Contracts resulting from this proposal may be canceled by email notification under the following conditions:

a. By mutual agreement of the individual OCNC member and the proposer. Termination under this provision requires 30 days written notice.

b. By the OCNC members for breach by the proposer of proposer's obligations, as well as failure to meet the terms and conditions as set forth in this proposal.

c. By the OCNC members for non-availability or non-appropriation of sufficient funds.

d. By whatever terms and conditions the OCNC member has included in their contract with

Sysco-Portland

SPECIFIC TERMS, CONDITIONS AND INSTRUCTIONS

PRODUCT LIST

1. The manufacturer’s representative, broker, or Sysco staff may submit signed Commitment to

Purchase Forms from OCNC members for the purchase of items to be considered for listing in a

Supplemental Request for Proposal (SRFP). Consideration will be made for committed-to items totaling 50 or more cases per year. Nutrition information, ingredient lists and CN crediting information must be submitted at the same time. Signed forms and other documents are to be submitted by email only to info@ocnc.org on or before January 2, 2023. A copy of the SRFP

Commitment to Purchase Forms can be found at http://srfps.ocnc.org.

2. Products must not exactly duplicate products already on the PRFP awarded product list. Decisions on duplication shall be solely made by OCNC.

3. Submitted products will be evaluated for duplication and nutrient information. Approved products will be listed on the SRFP Exhibit A. Representatives of products accepted as “equal” and included in a taste-testing will be notified by January 2, 2023.

4. OCNC administrators and members may also submit products in the event an awarded item is discontinued or is needed for other reasons. There will be no minimum purchases for these items to be listed.

5. Items shall be categorized on the SRFP as Manufacturer Defined or Generic items.

6. Manufacturer Defined items will be listed as the specific product members made a commitment to purchase with “or equal.” All items offered as “equal” to those listed as Manufacturer Defined will be reviewed and may be taste tested by members. Items will be awarded using a combination of price and taste test scores.

7. Generic items will be identified and designated “generic”

8. Manufacturers are to submit product pricing on accepted products offered to Sysco Portland c/o

Andrea Williams, andrea.williams@sysco.com. Sysco Portland will, in turn, submit all Manufacturer

Defined prices on Attachment F, Price Quote Page, including the product specified on the SRFP

Commitment Form on or before December 29, 2022. All pricing offered by manufacturers as

“equals” is to be included on the price pages. Additional rows may be added as needed. Price is to be offered as delivered cost (shipped to Sysco Portland dock), less product allowance, plus fixed fee calculated to a total product cost.

9. Manufacturers are encouraged to offer products that are “equal” as alternatives for items listed

Attachment F to Sysco Portland. For all alternate products offered the nutrition facts label, ingredient statement and CN crediting information must be submitted to info@ocnc.org by 2 pm, PST, January 2, 2023.

a. Label the files with the OCNC product number listed on Attachment F, the name of the

OCNC SRFP #2023.1

mailto:andrea.williams@sysco.com product, the manufacturer, the product code and what that file contains. For example:

M233, Pizza, 4x6, cheese and sausage, ABC manufacturer, 12345, nutrition facts label

M233, Pizza, 4x6, cheese and sausage, ABC manufacturer, 12345, ingredient statement

M233, Pizza, 4x6, cheese and sausage, ABC manufacturer, 12345, MPFS mma

M233, Pizza, 4x6, cheese and sausage, ABC manufacturer, 12345, MPFS grain

10. Qualification of “equal” shall be based solely based on OCNC members judgment of price, ingredient list, nutrition facts information, availability, taste tests, delivery requirements, shelf life, acceptance by Sysco-Portland as a supplier, and qualification for Buy American status.

11. The number of units per package specified is not a firm requirement. Other packaging may be offered. Proposers shall clearly indicate the number of units per package on Attachment F.

12. Distribution of Manufacturer Defined products to OCNC members may be, at the member’s option, either through Sysco Portland or directly to the individual districts. Individual districts may negotiate shipping to their districts at the time of award. Shipping shall be proportional to original offer.

13. Proposer will comply with the Buy American requirement, which dictates that schools participating in the federal meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable (7 CFR 210.21(d). To qualify for Buy American foods must be grown in the US and substantially (51%) processed in the USA.

14. Sysco Portland must note for each product offered if it meets the Buy American requirement on

Attachment F Price Quote Pages. Individual OCNC members will be responsible to evaluate the product’s qualification for an exemption.

15. The product list includes an estimated purchase amount. The estimated number of units to be purchased of each item as presented on the RFP is based on the Commitment Forms or past purchase history. The number represents "best estimates" only, and does not constitute or imply any commitment by the OCNC members as to the maximum or minimum volume of units to be purchased under this proposal.

16. Should the quantities of any of the products be increased, the proposer shall furnish the additional products at the unit prices quoted, and should the quantities be decreased, payment will be made on the actual quantities ordered and received by OCNC members at the unit price. The proposer will make no claim for anticipated profits or additional compensation of any increase or decrease in quantities.

17. Estimates may be affected by prices offered, changes in the USDA meal pattern, changes in funding levels, and USDA Foods allocations.

18. OCNC members and staff shall taste and evaluate the offered products, as needed at the OCNC

Commodity and New Products Show, February 2, 2023. Manufacturer’s representatives and brokers will be notified if their items need to be taste tested. In the event only one product is proposed, OCNC may eliminate the taste test portion of the evaluation.

SELECTION OF PRODUCT

1. Award of the new item if OCNC members will purchase the item as a commercial product only shall be based on:

46 award points for lowest price, or proportionate representation of lowest price

54 combined points for taste evaluation

2. Members who have completed commitment forms for the products shall have their taste scores multiplied by the number of cases to be purchased each 3 months before scores are totaled.

AWARD OF CONTRACT

1. The OCNC Board of Directors shall function as the evaluation committee for all proposals.

2. OCNC herein expressly reserves the rights:

a. to reject all offers;

b. to waive any and/or all irregularities in the proposals submitted if deemed not to be material;

c. to select the proposal that appears to be in the best interest of OCNC and it’s members;

d. to reject any proposal not in compliance with prescribed public bidding procedures and requirements pursuant to ORS 279A, 279B;

e. to change specific products being purchased as a result of the product being discontinued, the product no longer qualifying as the needed meal component, changes in the

United States Department of Agriculture (USDA) meal requirements or changes in funding levels.

3. Proposals will not be made part of the public record until after the evaluation process is completed.

After the award recommendation notice is sent to the OCNC members, the documents, including the evaluation report, will then be available for public review.

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

5. In the event two or more offers shall be for the same value, the members of the OCNC may award the RFP as they deem appropriate.

6. In case of any conflict between the terms and conditions contained herein, the order of authority shall be as follows: (1) Memos of Understanding, (2) Addenda, (3) RFP and Instructions to

Proposers.

7. OCNC shall communicate evaluation results to all members on or before February 14, 2023.

8. Any proposer wishing to protest the award may do so by filing a written protest within seven calendar days of the Notice of Intent to Award (the approved products list). The protest must specify the grounds on which a protest is based. A proposer is only adversely affected if it is next in line for the award as the best responsive and responsible proposal. OCNC will respond timely to all protests submitted by the due date and time. Protests that are not received timely or do not include the required information may not be considered. Protests will be reviewed based on written documents submitted by the protester and the OCNC response shall be in writing.

9. The approved products shall be added to the OCNC Broadline Distributor RFP awarded items catalog through the awarded distributor, Sysco Portland.

10. The OCNC member’s Board of Directors will be the public contract review board with the powers to act in the capacity as defined in Oregon Statutes and Administrative Rules.

PERFORMANCE OF CONTRACT

1. Selected products shall be ordered, stored and delivered by Sysco-Portland for the majority of members. Some members may opt for direct delivery of approved products.

2. All proposals submitted are understood as containing a warranty that merchandise furnished will be of good and merchantable quality. Delivery will be timely. The OCNC members reserve the right to reject any and all merchandise furnished which does not meet the product descriptions in every aspect.

3. All products delivered to the OCNC members shall conform to applicable requirements by federal, state, or local statutes and/or regulations. Proposer must complete Attachment H, Certification Regarding

Federal Matters.

SUPPLEMENTAL RFP 2023.1

ATTACHMENT A

SIGNATURE PAGE

The undersigned hereby proposes to furnish, within the time specified, the products listed, to be delivered in accordance with foregoing specifications hereto attached, for the amount set opposite each item.

On acceptance by OCNC this becomes a binding agreement.

PROPOSER'S EMPLOYER FEDERAL IDENTIFICATION NUMBER _____________________________

PROPOSER'S STATE IDENTIFICATION NUMBER (if available) ______________________________

SIGNATURE FOR INDIVIDUAL

Printed Name Signature Date

SIGNATURE FOR PARTNERSHIP

Name of Partnership Signature

Date Printed Name

SIGNATURE FOR CORPORATION

Name of Corporation Signature of Officer or Agent

Title Printed Name

Date

ATTACHMENT B

SUBSEQUENT RFP #2023.1

ADDENDA ACKNOWLEDGMENT PAGE

I/we acknowledge receipt of the following addenda

Note addenda number, date and signature to acknowledge receipt.

Addenda Number Signature Date

ATTACHMENT C

Debarment and Suspension and Other Responsibility Matters 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 the next page.)

(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.

Business Name:

By:

Name and Title of Authorized Representative

Signature of Authorized Representative Date

ATTACHMENT D

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 REVERSE)

(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

The following attachments are included as separate files and are available at srfps.ocnc.org:

Attachment E - OCNC SRFP Sample Commitment to Purchase Form

Attachment F – Manufacturer Defined Price Quote Pages, Attachment F

Attachment G –Taste Test Score

Taste Testing will be tabulated and recorded using electronic survey-gathering tools.

The taste testing shall be scored as follows:

Taste = 40 points

Appearance = 5 points

Texture = 4 points

Shape = 3 points

Color = 2 points

Total = 54 potential points

ATTACHMENT H

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.

Certification

Proposer certifies that Proposer shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to a Contract. 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).

(continued next page)

ATTACHMENT H

CERTIFICATION REGARDING FEDERAL MATTERS

(7) 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 specific

Organization Name

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

Signature(s) Date