10-Special Provisions IFB 2000004189.pdf

IFB 2000004189

Special Provisions

SPECIAL PROVISIONS

1. SCOPE:

1.1. The purpose of this solicitation is to establish a term contract(s) for Snacks and Beverages for all departments and activities of Fairfax County Public Schools for the requirements listed in this solicitation.

1.2. This solicitation is for the scheduled delivery of food products directly to Middle Schools and High Schools, as well as the Springfield VA warehouse and Gatehouse Administrative Center. List of locations available on Appendix F.

1.3. Bidders are required to include the following with their bid:

a. Vendor’s legal Authorized Signature (Signed DPMM32)

b. Appendix B (Forms)

c. Appendix C (Byrd Anti-Lobbying)

d. Appendix D (References)

e. Appendix E (Vendor Questionnaire)

f. Bid Table

g. W9

h. Addenda (As Required)

i. Product Information / Nutritional Information (Reference Exhibit A, Technical Specifications)

Failure to provide these items may result in rejection of the bid.

1.4. Bidders must submit all documents marked “required” on Bonfire through the FCPS Bonfire portal for their bids to be deemed responsive. Bonfire will not allow bids to be submitted unless all required items are completed.

1.5. HACCP: Fairfax County Public Schools, Office of Food & Nutrition Services requires that manufacturers enforce the practice of Hazard Analysis and Critical Control Points (HACCP) in an era of high food safety concerns among consumers. Bidders may provide HACCP documentation in their response with the Forms (Appendix B) or with the Product Information.

2. MINIMUM QUALIFICATIONS:

2.1. Bidders must have at least five (5) years of experience providing food delivery services. Refer to the References Form (Appendix D).

2.2. The Contractor shall provide a web-based ordering system compatible with Windows operating system and also take orders via email or phone.

2.3. The Contractor shall bid on 100% of the items in the Bid Table. If less than 100% of the items are bid on, the entire bid may be deemed nonresponsive.

2.4. If a bidder does not meet the above minimum qualifications, their bid may be deemed non-responsive and may not be evaluated.

2.5. All items must be bid as listed. No substitutions or equal items will be accepted.

3. PRE-BID CONFERENCE:

3.1. An optional pre-bid conference will be held on September 26, 2025, at 10AM – 11AM Eastern via Zoom Video Conference. Those interested in attending the pre-bid conference must contact the Contract Administrator at (jmstern@fcps.edu) to obtain the Zoom Link. Attendees requiring special services are asked to provide their requirements to the Office of Equity and Employee Relations at 571-423-3070, HRequity&empolyeerelations@fcps.edu or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

3.2. The purpose of the pre-bid conference is to give potential bidders an opportunity to ask questions and to obtain clarification about any aspect of this Invitation for Bids. Bidders may submit any questions pertaining to the IFB, in writing, prior to the pre-bid conference to jmstern@fcps.edu.

Questions will not be accepted after September 29, 2025, 8:00 AM Eastern.

4. PUBLIC BID OPENING:

4.1. A public Bid Open is scheduled on October 17, 2025, at 9 AM – 10AM Eastern via Zoom Video

Conference. Anyone interested in attending the public bid open can attend by joining here:

(https://myfcpsk12.zoom.us/j/93300207816?pwd=fponnbJaPBUaWwFojbuYhyu7QEEX0J.1&from =addon)

5. PERIOD OF CONTRACT:

5.1. The period of this contract shall be from the date of award through September 30, 2026.

5.2. Automatic contract renewals are prohibited. This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must be authorized by and coordinated through the Office of Procurement Services. FCPS reserves the right to renew the contract for four

(4) additional one-year periods.

5.3. Notice of intent to renew will be given to the Contractor in writing by the Office of Procurement

Services, normally 60 days before the expiration date of the current contract. (This notice shall not be deemed to commit the County to a contract renewal.)

5.4. The obligation of the County to pay compensation due the Contractor under the contract or any other payment obligations under any contract awarded pursuant to this Invitation for Bid is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations.

The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide the Contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice will not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

mailto:HRequity&empolyeerelations@fcps.edu mailto:jmstern@fcps.edu https://myfcpsk12.zoom.us/j/93300207816?pwd=fponnbJaPBUaWwFojbuYhyu7QEEX0J.1&from=addon https://myfcpsk12.zoom.us/j/93300207816?pwd=fponnbJaPBUaWwFojbuYhyu7QEEX0J.1&from=addon

6. PRICES AND PRICE ADJUSTMENT:

6.1. All prices/discounts shall be F.O.B. Destination, freight prepaid and allowed and shall include all charges that may be imposed in fulfilling the terms of this contract.

6.2. The Contractor agrees that for unit price contracts, prices shall remain firm for 365 days. If the price is increased after 365 days, the unit price may be increased only upon approval of a written request to the Purchasing Agent. Upon receipt of the Contractor’s request, the County shall determine to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor. Any price adjustment agreed to shall take place only in accordance with the schedule defined above.

6.3. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; and (2) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in manufacturer's price, etc.).

6.4. At least 60 days before the end of a renewal term, the Contractor shall give the County written notice of a contract price increase and shall become effective only upon approval by the County Purchasing Agent.

6.5. The increased contract unit price shall not apply to orders received by the Contractor prior to the effective date of the approved increased contract unit price. Orders placed via County Purchase Order, shall be considered to have been received by the Contractor after the fifth (5th) calendar day following the date of issuance. The County Purchasing Agent may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation.

6.6. Price decreases shall be made in accordance with paragraph 40 of the General Conditions and

Instructions to Bidders (Reference Appendix A).

6.7. If any unusual circumstances that could not have been foreseen by Contractor occur, and those circumstances significantly affect the Contractor’s cost in providing the required items or services, the Contractor may request adjustments to the contract unit price to FCPS outside of the above restrictions. The circumstances must be beyond the control of the Contractor and fully documented.

Increases are not guaranteed but will be granted at the discretion of the Purchasing Agent.

7. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES:

7.1. Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise. Please refer to the paragraph entitled, METHOD OF ORDERING.

7.2. The quantities specified in this solicitation are estimates only and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period. Waiver of ten percent (10%) limitation in paragraph 28, General Conditions and Instructions to Bidders (Reference Appendix A), is acknowledged.

8. DELIVERY/TIME OF PERFORMANCE:

8.1. Fairfax County requires that delivery be made at destination within a mutually agreed on delivery schedule. Bidders must insert a minimum time frame, IN DAYS, on the Vendor Questionnaire (Appendix E) within which delivery will be made after receipt of order (ARO). Indefinite terms such as "promptly," "stock," "without delay," etc., will not be given consideration. FAILURE TO PROVIDE

A DEFINITIVE DELIVERY TIME WILL RESULT IN THE DISQUALIFICATION OF THE BIDDERS’

BID IN ITS ENTIRETY.

8.2. The contractor shall follow the provisions of the Federal Motor Carrier Safety Administration (FMSA) as it relates to the Hours of Service (HOS) Regulations if they drive a commercial motor vehicle (CMV). Contractors are responsible to monitor the web page for the most current addenda at:

https://www.fmcsa.dot.gov/regulations/hours-service/hours-servicedrivers.

9. QUOTATION LIMITATION:

9.1. Bidders shall offer only ONE PRICE PER ITEM for each line item bid as requested. No alternatives will be accepted, unless requested by the County.

9.2. The bidder must bid the brand and model requested.

9.3. A discount price offered for a quantity purchase of the same manufacturer and model would not be considered a limitation; however, only the Price per Unit will be considered in award.

10. INTERPRETATION OF BID:

10.1. Any questions pertaining to this solicitation shall be directed to:

Jeremy Stern, Contract Specialist Fairfax County Public Schools Office of Procurement Services 8115 Gatehouse Road, Suite 4400 Falls Church, Virginia 22042-1203 Email: jmstern@fcps.edu

11. PRODUCT INFORMATION:

11.1. The bidder is responsible for clearly and specifically identifying the product being offered and enclosing complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the County to determine if the product offered meets the requirements of the solicitation.

Failure to do so may cause the bid to be considered non-responsive.

11.2. Bidders shall provide a copy of the Child Nutrition Label (CN Label) or Product Formulation Statement (PFS) for each product bid. If an item does not have a CN or PFS label, bidders shall provide a statement on company letterhead, with the date, and signed by a company official verifying that the meal contribution, in accordance with the latest USDA standards is correct. This requirement does not apply to items that will not be credited towards food components under Child Nutrition Programs.

mailto:jmstern@fcps.edu

12. SAMPLES:

12.1. Fairfax County Public Schools reserves the right to require a bidder to furnish samples within five

(5) working days after the request is made.

12.2. Some items may require a sample prior to the contract award unless the bidder is bidding on the exact item specified in the pricing schedule’s item description.

12.3. All samples, if requested, must be furnished free of charge, clearly marked “SAMPLE” with the solicitation number, bid item number, bidder’s information, and delivered to:

Food and Nutrition Services Attn: Jennifer Bauer, Senior Buyer 6840 Industrial Rd.

Springfield, VA 22151

13. SUBMISSION OF BIDS:

13.1. Bids must be received electronically through FCPS’ online Procurement Portal at:

https://fcps.bonfirehub.com, on or before the Submittal Deadline. Bids will only be accepted through the portal. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this IFB. Bid submissions and registration are free of charge. Bidders can register for a free account at:

https://fcps.bonfirehub.com, which will be required when preparing a bid. Documents may be uploaded at any time during the open period. The official time used for receipt of bids/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized.

For technical questions related to a submission contact Bonfire at Support@GoBonfire.com.

13.2. If, at the time of the scheduled bid closing FCPS is closed due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the Bonfire system.

13.3. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Internet Explorer 11, Microsoft Edge, Good Chrome, or Mozilla Firefox.

JavaScript must be enabled. Browser cookies must be enabled.

13.4. Each bidder must use the Bid Table functionality provided in the Bonfire portal to submit pricing for their bid. For each line item in the Bid Table, bidders must submit all requested information for that line item (this could include unit pricing, percentage discounts and/or labor rates).

13.5. By executing the Cover Sheet, the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions.

mailto:Support@GoBonfire.com

14. PERFORMANCE EVALUATION:

14.1. In the event that delivery shortages, delivery of substandard quality items, or unapproved substitutions affect FCPS’ operations, a reduction rate to the vendor’s invoice may be computed as follows:

CRITERIA

PERFORMANCE

RATING

FILLRATE

PERCENTAGE

INVOICE

REDUCTION

RATE

Performance meets contractual requirements:

Performance elements contain some minor problems for which corrective actions were taken. Minimum number of valid complaints (no more than 5) received within in a 3-month period.

Satisfactory 95% - 100% None

CRITERIA

PERFORMANCE

RATING

FILLRATE

PERCENTAGE

INVOICE

REDUCTION

RATE

Performance does not meet contractual obligations:

Performance reflects a serious problem for which the Contractor has not identified a corrective measure in a timely manner.

Unsatisfactory

90% - 94% 5%

The performance element (Delivery Requirements) contains problem(s):

Performance reflects contractor’s repeated ineffectiveness and continued lack of corrective actions.

85% - 89% 7%

Performance reflects serious problems:

Serious problems include but are not limited to items that are on the menu, consistent shortages of p roduc ts , delivery of outdated or short dated product.

84% and below 10%

15. ADDENDA:

15.1. Bidders are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. The last chance to submit questions to be addressed in addenda is September 29, 2025 at 8:00 a.m. All addenda shall be signed and submitted as stated on the addenda in Bonfire. Notice of addenda will be posted on eVA and the DPMM current solicitation webpage, as well as the Bonfire portal. It is the Bidder’s responsibility to monitor the web page for the most current addenda at www.fairfaxcounty.gov/solicitation.

16. CONTACT FOR ADMINISTRATION:

16.1. In the event a contract is executed with your firm as a result of this solicitation please indicate the person(s) we may contact for prompt contract administration, in the space provided on Appendix B.

17. BID EVALUATION/CONTRACT AWARD:

17.1. All items listed in this solicitation will be awarded on the basis of a firm fixed price to the lowest responsive, responsible bidder meeting specifications. The lowest bidder will be determined by the Total Cost, calculated by multiplying the Price Per Unit by the Estimated Unit Quantity.

17.2. The County reserves the right to award the contract in the aggregate, by line item, by section, or by manufacturer and to make a Primary and Secondary award, based on the best interest of the County.

18. SHELF LIFE:

18.1. The expiration date of each item having a shelf-life factor shall be clearly marked on the package.

Only fresh manufacturer stock will be accepted.

18.2. Each item must have a shelf life of a minimum of six (6) months at time of delivery.

19. CONTRACT INSURANCE PROVISIONS:

19.1. The Contractor shall be responsible for its work and all materials, tools, equipment, appliances, and property of any and all description used in connection with this contract. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

19.2. The Contractor shall, during the continuance of all work under the contract maintain the following insurance:

a. Statutory Workers' Compensation and Employer's Liability with limits of at least $100,000 to protect.

b. Commercial General Liability insurance with limits of $1,000,000 each occurrence and

$2,000,000 aggregate including contractual liability, personal and advertising injury, and products, completed operations coverage.

c. Automobile Liability insurance, in the amount of $1,000,000 Combined Single Limit covering all vehicles operated by in in use by the Contractor in the performance of this contract.

19.3. Fairfax County Public Schools, the Fairfax County School Board, its officers, and employees shall be named as an additional insured in the Automobile and General Liability policies.

19.4. Additional Requirements:

a. The Contractor agrees to provide insurance issued by companies admitted within the

Commonwealth of Virginia, with the Best’s Key Rating of at least A:VI.

b. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from the requirement provided that the contractor’s broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A:VI or better.

c. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

d. Prior to commencement of services and during the term of the contract, the contractor will provide a signed Certificate of Insurance citing the contract number and such coverage as required in this section.

e. The contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to FCPS on demand.

20. METHOD OF ORDERING:

20.1. The County may use two (2) different methods of placing orders from the final contract: Purchase Orders (PO’s) and approved County procurement cards. The method of payment is at the discretion of the County at no additional surcharges will be accepted for the use of the procurement card.

20.2. A Purchase Order (PO) may be issued to the Contractor on behalf of the County agency ordering the items/services covered under this contract. An issued PO will become part of the resulting contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

20.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax

County Public Schools “Procurement” Card. The Procurement card is currently a MasterCard.

Contractors are encouraged to accept this method of receiving orders.

20.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

20.5. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed. Purchase requisitions shall not be used for placing orders.

21. CORRESPONDENCE:

21.1. All communications between the parties relating to material contractual issues shall be through the Contract Specialist (Reference Paragraph 11) and must be in writing to be deemed binding.

22. ADDITIONS/DELETIONS:

22.1. The County reserves the right to add similar items/services or delete items/services specified in the resultant contract as requirements change during the period of the contract. Fairfax County and the Contractor will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

23. CANCELLATION OF ORDERS:

23.1. Purchases made under this contract are for readily available supplies. Time is of the essence in furnishing the items ordered. The County reserves the right to cancel the order and/or to refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

24. EMERGENCY PURCHASES:

24.1. Should the Contractor be unable to furnish the required item within the period of time specified in the contract the County reserves the right to make emergency purchases from other sources.

25. SALES/DELIVERY TICKETS:

25.1. Orders placed under this contract for delivery placed by PO, Procurement Card or for pick up by an authorized representative, shall be supported by the Contractor's Sales/Delivery Ticket. The Contractor's Sales/Delivery Ticket shall contain the following information:

1. Company Name

2. Purchase Order number

3. Date of Order

4. Itemized list of supplies furnished, including quantity, unit price and extension of each item.

(e.g. invoice or packing slip)

5. Name of authorized representative ordering the supplies

6. Name of Agency or School receiving the supplies

25.2. In all instances, the Contractor will prepare a Sales/Delivery Ticket, whether delivery is made by the Contractor or pick up is made by a FCPS representative at the Contractor's place of business.

The Contractor's Sales/Delivery Ticket will be signed, by the FCPS representative, with a copy being retained by the Contractor.

26. INVOICING PROCEDURE:

26.1. The Contractor shall submit a Summary Invoice once each month, listing the Sales/Delivery Ticket numbers covering deliveries made during the monthly billing period and submitted to the BILL TO address shown on the Purchase Order. The invoice must be accompanied by one copy of each signed Sales/Delivery Ticket.

26.2. The invoice shall contain the applicable Purchase Order number and the name of the Agency receiving the supplies. Payment will be made once each month.

26.3. A separate invoice is required for each order delivery and must include a copy of the signed delivery ticket for the order. Invoices shall be submitted via email in PDF format to FCPSInvoices@fcps.edu.

26.4. Payment shall be made after satisfactory performance of the contract, in accordance with all the provisions thereof and upon receipt of a properly completed invoice. Partial payments shall be made in accordance with Paragraph 54 PARTIAL PAYMENTS, of the General Conditions and Instructions to Bidders.

26.5. The Contractor’s representative will be available to resolve billing discrepancies. The contractor’s accounting representative’s name, address, and telephone number must be indicated on the Vendor Information Form (See Appendix B Forms).

mailto:FCPSInvoices@fcps.edu

26.6. The Contractor will provide a monthly usage report, including a summary report listing the products purchased for that time period. The monthly usage report is due to Office of Food and Nutrition Services, Senior Buyer by the 15th of the month following the period of usage. The report shall include the item, quantity purchased or supplied during the usage period, unit price, extended price, weight, US state of origin, and comprehensive year-to-date total usage stated by quantity and dollar value.

27. ORDER OF PRECEDENCE:

27.1. In the event of conflict, the Acceptance Agreement and the Special Provisions of this solicitation shall take precedence over the General Conditions and Instructions to Bidders or any other contract document.

28. AUDIT:

28.1. The Contractor shall retain all books, records, and other documents relative to this contract for three

(3) years after final payment, or until audited by the County of Fairfax, whichever is sooner. The County shall have full access to and the right to examine any of said materials during the retention period.

29. SUBCONTRACTING:

29.1. If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Business Assistance http://www.dba.state.va.us; the Virginia Department of Minority Business Enterprise http://www.dmbe.state.va.us/; local chambers of commerce and other business organizations.

29.2. As part of the contract award, the prime Contractor agrees to provide the names and addresses of each subcontractor, that subcontractor's status as defined by Fairfax County, as a small, minority-owned and/or woman-owned business, and the type and dollar value of the subcontracted goods/services provided. Reference Appendix B.

30. USE OF CONTRACT BY OTHER PUBLIC BODIES:

30.1. Reference Paragraph 71, General Conditions and Instructions to Bidders, Cooperative Purchasing:

Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid. (See Appendix B for sample listing).

30.2. It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s).

30.3. Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

http://www.dba.state.va.us/ http://www.dmbe.state.va.us/

30.4. Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

30.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

31. NEWS RELEASES BY VENDORS:

31.1. As a matter of policy, the County does not endorse the products or services of a Contractor. A Contractor will not make news releases concerning any resultant contract from this solicitation without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

32. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

32.1. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request. Bidders requesting special accommodations should call the Office of Equity and Employee Relations at 571-423-3070, HRequity&empolyeerelations@fcps.edu or TRS at 711. Please allow seven (7) working days in advance of the event to make the necessary arrangements.

32.2. Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA), which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities and services. Fairfax County government Contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy.

All individuals having any County contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with ADA.

33. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

33.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

34. BACKGROUND CRIMINAL INVESTIGATION/IDENTIFICATION:

34.1. By the signature of its authorized official on the response to this solicitation, the Contractor certifies that neither the contracting official nor any of the Contractor’s employees, agents or subcontractors who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. The Contractor agrees to remove from the contract any employee, agent or subcontractor who has been determined by the School Board to be disqualified from service due to such convictions or the failure to truthfully report such convictions.

mailto:HRequity&empolyeerelations@fcps.edu

34.2. The Contractor shall immediately notify the FCPS contract administrator if any Contractor or employee of said Contractor providing services under the contract is arrested or indicted as a defendant in Virginia or any other jurisdiction. FCPS reserves the right to require that the employee be suspended from working on the contract until the charge(s) is adjudicated. This requirement does not apply to minor traffic violations, not requiring the appearance of the employee in court, unless the charge includes the illegal possession, distribution, use or influence of drugs or alcohol.

34.3. Due to enhanced security measures, Contractor employees/representatives are required to have photo identification and be able to present same upon request. Contractor employees/representatives shall report to the appropriate administrative and/or main office each time a site is visited. All Contractor employees will be required to wear a company picture ID badge, or temporary name tag, issued by the County, clearly visible above the waist.

Contractor employees/representatives who arrive at the County/School facility without appropriate identification badges will immediately be dismissed from the job site.

34.4. Failure to comply with the above requirements may result in termination of the contract.

IFB 2000004146

EXHIBIT A

TECHNICAL SPECIFICATIONS

1. ORDERING AND DELIVERY PROCEDURES:

1.1 Orders will be placed by delivery site on as needed basis.

1.2 The Contractor shall provide a web-based ordering system compatible with Windows operating system and also take orders via email or phone.

1.3 For all deliveries, the Contractor must allow the mixing of product types to achieve the minimum order requirement. The minimum is expressed by cases of mixed product.

Minimum order amounts for deliveries may not exceed fifteen (15) cases, combined.

Delivery order minimums listed on Appendix E that exceed fifteen (15) cases may be deemed nonresponsive.

1.4 The Contractor must state on the Vendor Questionnaire, (Appendix E) any irregular ordering procedures. FCPS, Food and Nutrition Services will not honor any verbal request or deviations from the regular ordering procedures that are not stated on the bids.

1.5 The Contractor shall supply procedures and an order guide for online ordering.

1.6 The Contractor must state in the Vendor Questionnaire (Appendix E), specific times for placing orders i.e., day of the week, time of day, and time last orders will be accepted for next delivery. Bidders must also state a cut off time for calling in of add-ons and deletions to orders.

1.7 The Contractor will be required to provide training and ongoing technical support to FCPS after contract award and on an as-needed basis during the contract term. The Contractor shall also provide written instructions and procedures before the training. Technical support shall be provided via email and/or telephone Monday through Friday, 6 a.m. to 2 p.m.

1.8 Deliveries must be made to the designated ordering site in accordance with an agreed upon delivery schedule. Delivery schedule adjustments must be communicated to the Office of Food & Nutrition Services, Buyer, forty-eight (48) hours in advance of the scheduled delivery, and must be rescheduled within twenty-four (24) hours.

1.9 In the case of an emergency for a weather-related closing, delay, or early dismissal, it is the Contractor’s responsibility to confirm FCPS operating status for any pending deliveries.

Any changes to our operating status due to inclement weather is automatically updated on the FCPS website (www.fcps.edu). The Office of Food & Nutrition Services will also make every effort to notify vendors in advance of any delays or closures.

1.10 Timely receipt of the products is critical. The delivery schedule under this contract shall be agreed upon between FCPS and the Contractor at the time of award, (reference Appendix F for delivery sites).

http://www.fcps.edu/

1.11 Deliveries shall be made available to designated County locations a minimum of one time per week. A list of the delivery locations is attached (See Appendix F). FCPS reserves the right to add or remove delivery locations throughout the contract period.

1.12 Items (see Bid Table) are to be delivered to sites listed in Appendix F. Deliveries are required to be made to all school locations by 1:30 pm each delivery day. The Contractor is required to coordinate with the delivery locations for set delivery hours.

1.13 The Contractor shall deliver inside the building with no assistance from Fairfax County

Public Schools.

1.14 The Contractor shall make all deliveries to locations designated by receiving personnel.

All delivery /sales tickets must be signed by an authorized receiving person.

1.15 Inspection and acceptance of the individual site orders will be the responsibility of the individual school Food Service Site/Department.

1.16 A contractor representative shall be available to resolve problems in delivery, packing, and shipping.

1.17 Products must be on pallets placed on a truck so they can be removed with a pallet jack.

FCPS reserves the right to refuse shipments that are side-loaded or pinwheeled.

1.18 Pallets shall be braced or otherwise prevented from shifting to prevent damage to the product.

1.19 Products on pallets that have become dislodged during shipping may not be accepted. The driver may be required to clear dislodged products from trailer to allow access to delivered pallets.

1.20 Pallets shall be packed to reach a height of no more than 4’6” (including pallet) and shall be double wrapped with shrink wrap. Delivery may be refused if single pallets exceed the maximum height.

1.21 Pallets may be double stacked as long as the delivery condition of the product is not affected. The Contractor shall place a pallet in between double stacks.

1.22 The Contractor shall carry sufficient product inventory to support FCPS’ usage for the duration of each contracted school year including summer programs.

1.23 The Contractor must notify Food and Nutrition Services procurement team of anticipated shortages seventy- two (72) hours in advance of delivery.

1.24 In cases of product shortages, the Contractor may offer a substitute product in place of the item shorted seventy-two (72) hours in advance of delivery for approval by Food and Nutrition Services procurement team.

2. NUTRITION ANALYSIS:

2.1 Bidders are required to provide nutritional analysis based on portion size, ingredient statements and preparation instructions for each product, and must abide by the Food Allergen Labeling and Protection Act of 2004 (FALCPA). The nutritional analysis must include calories, calories from fat, total fat with saturated and trans-fat, sodium, total carbohydrate with dietary fiber, and protein, Vitamin A, Vitamin C, calcium, sugar, and iron.

2.2 If gelatin is on the ingredient list, bidders must state the source whether it be beef, pork, vegetable, etc.

2.3 If natural flavors are an ingredient, bidders must provide the derivative.

2.4 Bidders must state if the product contains top nine allergens; egg, milk, peanuts, tree nuts, sesame, wheat, soy, fish, shellfish.

2.5 All products must pass through metal detectors assuring they are free of metal and other foreign objects.

2.6 All a la carte items must meet the Smart Snacks in Schools criteria. All items will be run through the Smart Snack calculator found at:

https://foodplanner.healthiergeneration.org/calculator/

2.7 Bidders shall provide a copy of the Child Nutrition Label (CN Label) or Product Formulation

Statement (PFS) for each product bid. If an item does not have a CN or PFS label, bidders shall provide a statement on company letterhead, with the date, and signed by a company official verifying that the meal contribution, in accordance with the latest USDA standards is correct. This requirement does not apply to items that will not be credited towards food components under Child Nutrition Programs.

2.8 Substitution of items during the life of the contract are allowed only upon approval from the

Office of Food and Nutrition Services. Samples shall be provided upon request along with a nutrition label and k-12 crediting documentation in forms of a CN label or PFS.

a) Unless approved by Food and Nutrition Services, all substituted items must be priced the same as the contracted item.

b) If Food and Nutrition Services requires to source products from additional suppliers for emergency purchases due to product shortage, the Contractor shall be responsible for reimbursing FCPS the difference between the contracted price and the purchase price of the product from the secondary supplier. FCPS will make every effort to obtain a reasonable price if an emergency purchase is needed.

2.9 The Contractor shall notify the Office of Food and Nutrition Services by email of any changes to the nutritional information, actual portion size, the ingredients statement, allergens, and meal contribution.

2.10 Product Identification: Bidders must show brand name, product code, case pack, and portions per case for each product bid.

2.11 Package Shelf-Life Code: If awarded a contract, a full explanation of expiration date code must be given, stating “use by” “sell by”, “best before”, etc.

2.12 Communication of Recalls: The Contractor shall have a process in place to effectively respond to food recalls. The process shall include accurate and timely notification to FCPS Food and Nutrition Services and assurance that recalled products are identified and removed from school sites in the most expedient manner. The Contractor shall either issue credit or deliver a comparable substitute at FCPS discretion. All costs associated with the product recall, which includes but are not limited to transportation and handling costs shall be borne by the Contractor.

3. FOOD LAWS AND STANDARDS:

3.1 HACCP: Fairfax County Public Schools, Office of Food & Nutrition Services requires that manufacturers enforce the practice of Hazard Analysis and Critical Control Points (HACCP) in an era of high food safety concerns among consumers. Bidders may provide HACCP documentation in their response with the Forms (Appendix B) or with the Product Information.

3.2 All products specified herein shall be processed, packaged, and delivered in accordance with regulations of the Virginia Health Department, U.S. Department of Agriculture, and requirements of the Federal Food, Drug, and Cosmetic Act and regulations promulgated thereunder.

3.3 BUY AMERICAN - FCPS participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for program meals. A “domestic commodity or product” is defined as one that is either produced in the US or is processed in the US substantially using agricultural commodities that are produced in the US as provided in 7CFR 210.21(d).

3.4 For any items that are not Buy American, FNS will require an exemption letter to have on file with company letterhead.

3.5 VIOLATIONS OF THE BUY AMERICAN REQUIREMENT. If a product is found to be in violation of this requirement, the successful offeror shall, at his expense, remove all products from FCPS locations within two (2) business days after being notified of the violation. A substitute domestic product may be accepted, but no higher than the proposed price of the non-domestic product found on successful offeror’s original proposal. The contractor shall provide reasonable notice to FCPS and must be approved, in writing, by FCPS Director of School Nutrition, prior to delivery. FCPS may then issue approval of such product purchases on a case-by-case basis. Further, if the contractor responds with a domestic product and later is determined by auditors that the actual product being delivered matching the product code is not domestic in nature, the contractor may be responsible for the reimbursement of any penalties levied against FCPS where those penalties are the result of non-compliance to the Buy American provision.

3.6 All items must conform to the standards published in the USDA Food-Buying Guide for the National School Lunch Program.

3.7 All applicable laws shall be deemed to be part of these specifications and shall be read and enforced as though they were included.

4. DEBARMENT:

4.1 School Food Authorities are prohibited from contracting with companies or individuals that have been debarred or suspended from Federal, State, or Local Government Procurement programs. Therefore, to ensure that School Authorities do not enter contracts with debarred or suspended companies or individuals, each bidder is required to complete and return (with their bid documents) the attached certification statement in Appendix B. by signing the certification statement, the bidder certifies that neither it or its principals (1.e. key employees) have been proposed for debarment, debarred, or suspended by a Federal, State, or Local Agency.

5. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION:

5.1 The Byrd Amendment, 31 U.S.C. '1352, (the "Act" or "Byrd Amendment"), prohibits the use of appropriated funds by recipients of a "Federal contract" for purposes of influencing or attempting to influence federal officials in connection with a "Federal action," such as the awarding of a "Federal contract." The Act prohibits "contractors" from using appropriated funds for lobbying in connection with a contract, grant, loan or cooperative agreement with a federal agency. Furthermore, the Act requires the "contractor" to disclose to the Federal agency involved its lobbying activities connected with such "contract," grant or loan when the "contract" amount exceeds $100,000 regardless of whether the activities are funded with appropriated funds". Each bidder is required to complete, sign and return with their bid documents the Byrd Anti-Lobbying certification statement in Appendix C. Failure to complete the certification form will eliminate the bidder from consideration for award.

6. INSPECTION:

6.1 An authorized representative of the County of Fairfax or the Commonwealth of Virginia shall have the right to inspect the Contractor’s premises, facilities, and processing methods for producing items covered by this contract. The inspection may result in standard tests for any items delivered to ensure satisfactory performance by the Contractor.

6.2 All items covered by this contract shall be packaged and labeled in accordance with accepted trade practices in sturdy and clean containers.

6.3 Food and Nutrition Services must be given formal written notice within seventy-two (72) hours of manufacturer’s communication if any of the following occurs:

• A substitution needs to be made.

• A plant change is made.

• Product is altered in any way.

• A pack change is made.

The product(s) bid must be the same product(s) delivered on all future orders. The Contractor shall provide official documentation from the manufacturer or equivalent documentation with justification of the reason for the change to the Office of Food and Nutrition to approve prior to any changes. The County of Fairfax reserves the right to reject any substitutions and may terminate the contract or the item if substitutions are not acceptable. The Contract shall be amended in case a product is permanently replaced by another.

6.4 All items delivered must be in strict accordance with the specifications contained herein.

The products will be subject to tests to be conducted on a random sampling basis during the life of the contract by the Food and Nutrition Services staff and the Virginia Department of Health.

7. DELIVERY VEHICLES:

7.1 All products specified herein shall be delivered in vehicles that are maintained in a sanitary condition.

7.2 All delivery vehicles shall be equipped with back-up alarms to aid in accident prevention.

7.3 All delivery vehicles must be marked with company identifiers.

7.4 Employees of the Contractor are required to display company ID.

7.5 The Contractor is expected to follow U.S. Department of Transportation regulations.