2 - Bread Bid Conditions.pdf

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Attached to
Bread and Bread Products 2025-2026
Solicitation number
Bread 25-26
Issued by
St. Bernard Parish, Louisiana

About this file

This is a Bid Request document from the St. Bernard Parish School Board for Bread and Bread Products for the period of July 1, 2025 through June 30, 2026. The bid solicitation covers bread and bread product procurement for multiple school locations across St. Bernard Parish, Louisiana, with a voluntary pre-bidders meeting scheduled for March 21, 2025, at 9:00 AM CST and a public bid opening on March 28, 2025, at 9:30 AM CST. The bid is a requirements contract with estimated quantities, and the approximate value of the bread products bid during the 2023-2024 school year was $12,000.00 per month. Bidders are required to deliver to all listed school and school board locations, and the contract will be awarded per line item to the most responsible and responsive bidders.

The bid documents outline specific requirements for vendors, including compliance with the Buy American Provision, submission of Child Nutrition (CN) labels, and various certifications such as independent price determination, debarment, and non-collusion. Vendors must provide documentation of domestic commodity sourcing and are subject to strict evaluation criteria. The school board reserves the right to accept or reject any bids and to adjust quantities based on USDA donated commodities. Electronic bid submission is available through BidNetDirect, and bidders must comply with federal civil rights regulations, equal opportunity requirements, and provide necessary insurance documentation. Pricing must remain fixed for the entire contract duration, and vendors are expected to maintain rigorous food safety and quality standards.

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St. Bernard Parish School Board

BID REQUEST

BREAD AND BREAD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30, 2026

INVITATION FOR BID

FOR BREAD AND BREAD PRODUCTS

Voluntary Pre-Bidders Meeting: 9:00 a.m. CST, FRIDAY, MARCH 21, 2025 St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043

Public Bid Opening: 9:30 a.m. CST, FRIDAY, MARCH 28, 2025 St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043

Contact Person: Michael P. Morel

Contact Person Title: Food Services Manager Contact Person Phone Number: 504-301-2000

Contact Person Email: michael.morel(a)sbpsb.org

PLEASE READ THE SOLICITATION CAREFULLY

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INVITATION FOR BID (IFB) FOR FOOD PRODUCTS

GENERAL CONDITIONS

Sealed bids will be received by the St. Bernard Parish School Board, 200 East St. Bernard Hwy., Chalmette, Louisiana, 70043 until 9:30 A.M. CST on FRIDAY, MARCH 28, 2025 for providing BREAD AND BREAD PRODUCTS, to the St. Bernard Parish School Board Food Services Department for the period of JULY 1, 2024 through JUNE 30, 2025.

At 9:30 A.M. CST on FRIDAY, MARCH 28, 2025, bids on hand will be formally opened and read aloud. Bids received after the closing time will be returned un-opened.

Bids are to be addressed to the St. Bernard Parish School Board at the above address. The envelope containing the proposal should be clearly marked, "BID FOR BREAD AND BREAD PRODUCTS".

Additionally, in compliance with La. Act 590, electronic bid submittal procedures have been established for this project, and are available online at https://www.bidnetdirect.com/louisiana/stbernardparishpublicschools.

Each sealed bid shall be either hand delivered by the bidder or his agent in which instance the deliverer shall be handed a written receipt or such bid shall be sent by registered or certified mail with a return receipt requested. Additionally, bids may be submitted electronically via procedures established online. Bids faxed or emailed will not be accepted.

St. Bernard Parish School Board reserves the right to accept or reject any and/or all bids and to accept any proposal that may serve its best interest. No bid may be withdrawn for at least forty-five (45) days after the closing time from the receipt of bids. Only firm bids shall be accepted.

No alternate bid will be considered or tabulated.

Bid packages may be obtained upon request in writing from the School Board Office:

Michael P. Morel, Food Services Manager St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043 or email request to michael.morel(S)sbpsb.org or by calling (504) 301-2000. Additionally, bid packages may be obtained online from the School Board's website at http://www.sbpsb.org or https://www.bidnetdirect.com/louisiana/stbernardparishpublicschools.

A Voluntary pre-bidders conference will be held on FRIDAY, MARCH 21, 2025. At 9:00 A.M.CST in the St. Bernard Parish School Board Office, 200 East St. Bernard Hwy., Chalmette, Louisiana, 70043 at which time vendors may submit questions or request clarification of any requirements of the bid request. In addition, written questions concerning this bid packet should be addressed to Michael Morel, Food Services Manager, at the address noted above, faxed to 504-301-2010, or emailed to michael.morel@sbpsb.org by 4:00 P.M. CST MARCH 20, 2024 and should be clearly marked, "BID QUESTION" on the envelope or subject line.

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REQUIRED DOCUMENTS

Each document must be fully completed, and where applicable, signed and dated. Unless otherwise noted, one (1) copy of each document must be submitted.

Failure to submit any of the requested documents or any document not fully completed will result in the disqualification of the bidder's complete bid.

The following documents must be submitted in the sealed bid packet.

1. Bid Request Form. The bid form provided in the bid package must be used. Use ofany other bid form will disqualify bidder's complete bid

2. Signature Page

3. Child Nutrition (CN labels), Nutrition Labels and/ or Product Formulation Statements when requested in the bid request form for individual food items

4. Buy American Provision Certification Form

The following documents must be completed and submitted prior to the awarding of the bid contract:

1. Certification of Independent Price Determination form.

2. Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion form.

5. Certification Regarding Lobbying form.

6. Disclosure of Lobbying Activities.

7. Certificate of Insurance, verifying, General Liability, Automobile, and Workers Comp insurance.

8. Non-collusion Statement

Anv forms previously submitted to the St. Bernard Parish School Board, for any reason, will not be accepted as compliance with the document requirements of this bid.

DETERMINATION OF BIDS: Where bids are not qualified by specified limitations, the School Board reserves the right to award all or any of the items according to its best interest.

Bids shall be submitted on the forms provided and inaccordance with the information given on them. In the case of items specified as "or equal as approved' the decision of the School Board or School Board Representative shall be final. St. Bernard School Board reserves the right to increaseor decrease the quantities specified for bid or ordered as the case may be.

A. Thebid isa requirements contract for the food products specified andeffective for theperiod of time stated. The quantities of merchandise or supplies are estimates only, and are not purchased by this contract. Except as this contract may otherwise provide, if the St. Bernard

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Parish School Board requirement does not result in orders in the quantities described as "estimated," that fact shall not constitute the basis for any price adjustment. The St. Bernard Parish School Board reserves the right to cancel all bids in part or in total based upon the availability of USDA donated commodities without penalties to the St. Bernard School Board.

B. Deliveryor performance shall be made only as authorized by orders issued by an authorized representative of the Food Services Department. The contract shall furnish to the St. Bernard Parish School Board merchandise or supplies specified bythe order, unless the order for a single item or combination of items is in excess oftwenty (20%) percent of the estimated or maximum quantity.

C. The estimated quantities when given, may not be the total requirements of The St. Bernard Parish Board, but are strictly estimates of requirements. The approximate value of the Bread and Bread Products bid during the 2023-2024 school year was $12,000.00 per month. Prospective bidders may request a current usage statement for anyof the items in the bid request up until the official bidopening stated in theconditions bycalling the Food Services Warehouse Manager at 504-252-9516. The St. Bernard Parish School Board shall order from the contractor all of the Food Services Department requirements for specified and awarded merchandise or supplies.

D. Gratuities: Bidders areexpressly advised thatgratuities arenot allowed. SFS employees may not accept any gift, service, honorarium, stipend, or fee; or use their position for private advantage or personal, financial, or material gain. The SFA will investigate reported violations.

Bidders, whom the SFA finds to have violated these provisions, may be barred from doing business with the SFA; employees may be disciplined according to the SFA policy.

E. Non-Collusion: By submission of the bid, the Bidder certifies that the bid has been arrived at independentlyand submitted without collusion with any other Bidderand the contents of the bid have not been communicated, nor to the best of its knowledge and belief, by any one of its employees or agents, to any person not an employee or agent of the bidder and will not be communicated to any person prior to the opening of the bid.

AWARDING OF BIDS: Bids will be evaluated and awarded per Une item. The bid evaluation willbeused to award the bidto the most responsible and responsive bidders. Vendors who submitted bids and are awarded will be notified by USPS within 7 days of award determination. The fixed price for each item will remain for the entire duration of the contract.

• A "Responsive Bidder" will be able to meet the requirements described in this solicitation.

A "Responsible Bidder" is willing and capable of furnishing the foods or services described in this solicitation.

Rounding of Price(s): Any prince which goes beyond the fourth decimal point (e.g.

beyond the ten thousand place) shall be rounded downward, (i.e., a price of S3.64528 shall be computed and considered $3.6452)

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BU) PROTEST PROCEDURES: If any Vendor who submitted a bid has an objection to the award of the contract to the apparent selected Vendor, the objecting Vendor shall furnish that protest in writing or by email (Michael.morel@sbpsb.org) to the SFA within SEVEN (7) business days of the Vendornotification of the awarded contract. The protest shall describe in detail the basis for the protest and relevant facts under such terms and conditions as deemed proper. If the protest is filed in a timely fashion, the SFA will review the basis for the protest andwill review the matterunderthe terms andconditions and shallnotify those Bidders involved of its decision. Thedecision shah be final and binding on theobjecting bidder.

CHILD NUTRITION (CN) LABELS AND PRODUCT FORMULATION

STATEMENTS: When a CN label or a product formulation statement is requested, the CN label or product formulation statement must provide the meal component contributions stated.

If the item delivered does not provide the meal component contributions as stated on the CN label or the manufacturer's product formulation statement, the proposer/contractor will be responsible for reimbursing the School Food Authority (SFA) for the losses including, but not limited to, the loss of federal meal reimbursements, product substitution costs, and the cost of any penalties imposed on the SFA by state and federal agencies responsible for administering the National School Lunch, School Breakfast Programs, Summer Food Service Program andthe After School Snack Program.

PRE-APPROVED EQUALS Vendors may submit samples of items for consideration as "equal" to the product requested on the bidat least oneweek before the bidopening (see below "samples") therequest forequal willbeevaluated anddetermined asanequal item bytheSBPSB Food Services Department. Notification of the decision to approve or reject an item "equal" will be made by the SBPSB Food ServicesDepartment and will be communicatedto the vendor with the bid award.

SAMPLES: When samples are requested orsent by a vendor for consideration as anequal item to the one requested in the bid request, the sample must be submitted bythe firm so as to reach the designated place (Food Services Office) before the end of the business day, one calendar week prior to the opening of the bids.

INTENT AND INTERPRETATIONS FOR SPECIFICATION: Among the primary requirements are sanitation, quality, cost, delivery and service. All foods must be adequately processed, adequately wrapped and delivered in conformance with sanitation requirements of the United States Department ofAgriculture (U.S.D.A) and the Louisiana Department ofHealth and Hospitals (DHH).

REJECTION OF BIDS: Bids may be rejected if they show 1. Additions not called for, 2.

Conditions orAlternate Quotations 3. Brands not approved ofor4. Incomplete bids. Acomplete bid must include: BRAND NAME OF ITEM. ITEM PACKAGING, THE PRICE QUOTE IN

UNITS REQUESTED, AND NUTRITIONAL INFORMATION, CN LABELS OR PRODUCT

FORMULATION STATEMENTS ON ITEMS INDICATED ON THE BID REQUEST FORM

AND ALL COMPLETED FORMS REQUIRED ON PAGE 2 OF THE BID CONDITIONS.

Failure toprovide bids as requested will result in REJECTION ofbidder's quote onthat item.

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GUARANTEE: All customary guarantees for quality and services as specified by the Vendor for the particular items furnished shall apply to the items furnished under the bid system by the School Board.

INSPECTION: Upondelivery of each item to the specified place, inspection of each item will be made by a representative of the School Board at the point of delivery. Acceptance of the item(s) will be made after inspection determines that all requirements of the specifications or bids are met.

If rejected, the vendor will be required to replace the merchandise or to issue a credit on the invoice at the option of the Manager of the Food Services Department. In the event of a REJECTION ofany merchandise and the need for the St. Bernard Parish School Board tosupply it, the contractor shall be responsible for the additional cost if any, incurred bythe St. Bernard Parish School Board in obtaining another source of merchandise. Failure to meet the delivery date(s) and time(s) may be reason to reject future bids of any such vendor.

INVOICES: Invoices for items delivered and accepted shall be submitted by the vendor in duplicate to the place ofdelivery.

THE REQUEST FOR PAYMENT OF ITEMS DELIVERED AND ACCEPTED SHALL BE

SUBMITTED TO THE ST. BERNARD PARISH SCHOOL BOARD, SCHOOL FOOD SERVICES

DEPARTMENT AT THE END OF THE MONTH ON A VENDOR'S STATEMENT FOR EACH

INDIVIDUAL SCHOOL.

TERMS: The unit price of each item includes delivery of these items with all transportation prepaid to the destination. All items shall be delivered to the specified points ofdelivery on the date or dates specified when the order is placed. Successful bidders must be able to assure the School Board that they have sufficient trucks and equipment to make a satisfactory delivery as required by the individual schools.

PLACEMENT OF ORDERS: Orders will be placed by a member of the School Cafeteria or by the Administrative Personnel of the Food Services Department at least one week before delivery is expected. The Food Services Department reserves the right to add or delete items from any order previously placed at any time prior to the delivery date.

Any bidder must bid on delivery to all schools and SBPSB locations listed in the chart below.

Suchbidder is requiredto submit this price by the items for all schoolsand SBPSB locationsand if awarded a contract, will be required to deliver all items on this contract to any or all these schools and SBPSB locations as requested.

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Location Address

Arabi Elementary School 7200 Alexander Avenue, Arabi, La 70032 Chalmette Elementary School 75 E. Chalmette Circle, Chalmette, La 70043 Chalmette High School -Main Campus 1100 E. Judge Perez Drive, Chalmette, La

70043

Chalmette High School-Lacoste Campus 1101 E. Judge Perez Drive, Chalmette, La 70043

Joseph Davies Elementary School 4101 Mistrot Drive, Meraux, La 70075 J.F. Gauthier Elementary School 1200 E. LA Highway 46, St. Bernard, La

70085

Andrew Jackson Middle School 201 Eighth Street, Chalmette, La 70043 C.F. Rowley Alternative School 49 Madison Avenue, Chalmette, La 70043 St. Bernard Middle School 2601 Torres Drive, St. Bernard, La 70043 N.P. Trist Middle School # 1 Pirates Cove, Meraux, La 70075 W. Smith Jr. Elementary School 6704 E. St. Bernard Highway, Violet, La

70092

Lacoste Elementary School 1625 Missouri Street, Chalmette, La 70043 Arlene Meraux Elementary School 4004 Paris Road, Chalmette, La 70043 Maumus Center 721 Friscoville Avenue, Arabi, La 70032 Frank's Place ( School Board Office) 200 E. St. Bernard Highway, La. 70043 School Food Service Warehouse 5912 St. Bernard Highway, Violet, La 70092

BACKORDERS: The St. Bernard Parish School Board reserves the right to cancel and reject orders for items not delivered on the scheduled delivery date. Vendors who wish reschedule items for future delivery dates (i.e. BACKORDERS) must contact the Food Services Manager and obtain prior approval to deliver backordered items.

DELD/ERIES: Deliveries must be made during thehours of6:30 AM and 11:30 A.M., Monday thru Friday, or at other times that are mutually agreed upon by the Food Services Department and thevendor. Deliveries will notbe accepted onregularly scheduled school holidays or atother times as may be necessary, provided adequate notice is given to vendor. The Food Services Department reserves the right to refuse delivery of any items not delivered in accordance with the above provisions. All empty bread racks from the loading dock shall be removed at a minimum of twice monthly and no bread racks should be left during the summer months.

DEFAULT AND TERMINATION:

A: TheSt. Bernard Parish School Board may, subject to the paragraphs below, bywritten notice of default to the contractor, terminate this contract inwhole or inpart if the contractor fails to:

1. Deliver the merchandise orsupplies within the time specified in this contract orany extension.

2. Furnish the merchandise or supplies in accordance with the specifications, inspections, grading or certification.

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3. Perform any of the other provisions of this contract. The St. Bernard Parish School Board's right to terminate this contract under the provisions stated above may be exercised if the contractor does not cure such failure within seven (7) days after receipt of written notice from the buyer of the Food Services Department specifying the failure on the part of the Contractor.

B. If the St. Bernard Parish School Board or the contractor terminates this contract in whole or in part, the St. Bernard Parish School Board may acquire under the terms and in the manner the Food Services Manager consider appropriate, merchandise or supplies similar to those terminated. The contractor shallbe liable to the St. Bernard Parish SchoolBoard for any excess costs for those merchandise or supplies in addition to liquidated damages. However, the contractor shall continue the work of furnishing the merchandise or supplies not terminated.

C. The contractor shall not be liable for any excess costs if the failure to perform the contractor arises fromcauses beyondthe controland withoutthe fault or negligence ofthe contractorwhich causes are limited to (1) acts ofGod or of the public enemy, (2) fires, (3) floods, (4) epidemics,

(5) quarantine restrictions, or (6) hurricanes. The contractor must provide written notice within ten (10) days of any such event. Failure to do so shall constitute a waiver on the part of the contractor.

D. The right and remedies of the St. Bernard Parish School Board in this clause are in addition to any other rights and remedies provided by law or under this contract.

FREE AND OPEN COMPETITION: This solicitation is intended to promote free andopen competition. If the language, specifications, terms and conditions, or anycombination thereof, restricts or limits the requirements in this solicitation to a single source, it must be the responsibility of the interested Vendor to notify, Michel Morel in writing, at michael.morel@sbpsb.org. at least 5 business days before the due date for the bids. The solicitation may or may not be changed but a review of such notification will be made prior to the award of the contract.

FOOD LAWS: Vendors shall be expected to operate in accordance with all applicable laws, ordinances, regulation and rules of federal, state, and local authorities, including but not necessarily restricted to, a Hazard Analysis and Critical Control Point (HACCP) plan. SFA may inspect a Vendor's facilities and vehicles. Select Vendor must have documented its company's compliance with Good Agricultural Practices (GAPs). Standard Operating Procedures (SPOs), Sanitary Standard Operating Procedures (SSOPs), and Good Management Practices(GMPs) for farm and filed operations, packing facilities, cold storage operations, produce shippers, and their distribution facilities, if appropriate.

FOOD RECALL: Vendor shall be expected to voluntarily comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate andtimely communications to the SFAand assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner. Select Vendor will be expected to maintain all paperwork required for

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immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls at the request of the SFA.

BIOSECURITY: The Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism ACT 2002 under the U. S. Department of Health and Human Services, FDA and Under the USDA Food and Safety and Inspection Service. .

Vendor will define their Biosecurity policy and procedures at the request of the SFA.

EQUAL OPPORTUNITY:

A. All contracts awarded in excess of$410,000.00 by St. Bernard Parish School Board (SBPSB) require compliance with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in the United States Department of Laborregulation (41CFR, Part 60). During the performance of this contractthe Vendor agrees to comply with all of the aforesaid provisions and to furnish to SBPSB all information required in the prescribed form. The Vendor shall permit access to its books, records, and accounts by SBPSB, the Louisiana Department of Education or the United States Department ofAgriculture for the purpose of investigating to ascertain the vendor's compliance with the applicable rules, regulations andorders. If it isdetermined that the Vendor isnot in a compliance with thisclause or any rules, regulations or orders of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Vendor may be declared ineligible for further contracts with SBPSB in accordance with the aforesaid procedures. The Vendor shall include the terms and conditions of this Article inevery subcontract or purchase order that is not exempt under the aforesaid rules, regulations or orders.

B. During the performance of thiscontract, the Vendor agrees as follows:

1. The Vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

2. The Vendor shall take affirmative action to ensure the applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, religion, sex, or national origin. This shall include but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, 95) recruitment or recruitment advertising, (6) layoffor termination, (7) rates of pay or other forms of compensation and (8) selection for training including apprenticeship.

3. The Vendor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explains this clause.

4. The Vendor shall, in all solicitations or advertisement of employees placed by or on behalfof the Vendor; state that all qualifiedapplicants will receiveconsideration for employment without regard to race, color, religion, sex, or nation al origin.

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5. The Vendor shall send, to each labor union or representative of workers with whom ithasa collective bargaining agreement or other contract or understanding, thenotice to be provided by the Contracting Officer advising the labor union or workers' representative of the Vendors' commitments under the clause, post copies of the notice in conspicuous places available to employees and applicants for employment.

ACCESS TO RECORDS: The SBPSB, the Louisiana Department of Education, the United States Department ofAgriculture and the Comptroller General of the United States, or any authorized representative shall have access to any books, documents, papers, and records of the vendor relating to this contract, for the purposes of making any audit, examination, excerpts, and transcriptions. Vendors shall maintain all required documents for three years afterthe final payment or in the event of any audit until the audit is closed.

INSPECTION OF PUBLIC RECORDS: All information received from selected Vendor shall be subject to inspection once the contract is awarded.

TAXES: LOUISIANA SALES TAX AND ST. BERNARD SALES TAX SHOULD NOT

BE INCLUDED ON BDD FORM. THE ST. BERNARD PARISH SCHOOL BOARD IS

EXEMPT FOR ALL STATE AND LOCAL SALES TAX UNDER HOUSE BILL, 1139.

REQUIRED CONTRACT PROVISIONS FOR PROCUREMENT CONTRACTS IN

CHILD NUTRITION PROGRAMS

Required Contract Provisions from Appendix II of 2 CFR Part 200

1 Equal EmploymentOpportunity Except as otherwise provided under 41 CFR Part60, al! contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1 4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office ofFederal Contract Compliance Programs, Equal Employment Opportunity. Department ofLabor" (Appendix II of2 CFR Part 200E).

2. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to paywages to laborers and mechanicsat a rate notless than theprevailing wages specified in a wage determination made by theSecretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity mustplacea copy ofthe current prevailing wagedetermination issued by the Department of Labor in each solicitation. Thedecision toaward a contract or subcontract must be conditioned upon the acceptance of thewage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency Appendix II of2 CFR Part200(D).

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3. The vendor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub recipient must be prohibitedfrom inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwiseentitled The non-Federal entity must report all suspected or reported violations to the Federal awarding agency (Appendix II of 2 CFR Part 200 (D).

4. Civil Rights Laws: The vendor shall comply with the following civil rights laws, as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; The Americans with Disabilities Act; FNS Instruction 113-1, Civil Rights Compliance and Enforcement in School Nutrition Programs.

5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate ofnot less than one and a half times the basic rate of payfor all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditionswhich are unsanitary, hazardous or dangerous. These requirements do not apply to the purchasesof suppliesor materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence (Appendix II of 2 CFR Part 200(1).

6. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amountdetermined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropnate (Appendix II of 2 CFR Part 200(A).

7. All contracts in excessof$10,000 must address termination for causeand for convenience by the non-Federal entity including the manner by which itwill be effected and the basis for settlement (Appendix II of 2 CFR Part 200(B).

8. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37CFR §401.2 (a) and the recipient orsub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient mustcomply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency (Appendix II of 2 CFR Part 200(F).

9. Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)and the Federal Water

BDD REQUEST

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Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) (Appendix II of 2 CFR Part 200(G).

10. Debarment and Suspension (ExecutiveOrders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wideexclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986Comp., p. 189) and 12689 (3 CFR part 1989Comp, p. 235), "Debarmentand Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible understatutory or regulatory authority other than Executive Order 12549 (Appendix II of 2 CFR Part 200(H).

11. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid foran award exceeding $100,000 must file the required certification Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employeeof any agency, a memberof Congress, officer or employee ofCongress, or an employee ofa member ofCongress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must alsodisclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award (Appendix II of 2 CFR Part 200(1).

Required Contract Provisions from 2 CFR Part 200

1 Procurement of recovered materials- A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements ofSection 6002 include procuring only items designated in guidelines oftheEnvironmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 orthe value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines (2 CFR Part 200.322)

2. Minority, Small and Women's Businesses: The vendor agrees to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible (2 CFR Part 200.321) Requiring the prime contractor. Of subcontracts are to be let in, to take the affirmative steps listed in paragraphs (1) through (5) ofthis section. Provisions Regarding Minority Businesses/ Affirmative Action

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists.

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources

3. Dividing total requirement, when economically feasible, into smaller tasksorquantities to permit maximum participation by small and minority businesses, and women's business enterprises

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises,

5. Using the servicesand assistance, as appropriate, of such organizations as the Small Business and

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Administration and Minority Business Development Agency of the Departmentof Commerce:

6. Requiring the prime contractor. Ofsubcontracts are to be let in, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

Links below may provide sources for Sponsorsto find listing of minority and women's business enterprises.

• Small Business Association List offederally -certified minority and women-owned businesses:

http://sba8a.com

• Louisiana's Hudson Initiative (Small Entrepreneurship) Program: https://www.doa.la.gov/Pages /osp/se/secv.aspx.

Required Contract Provisions from 7 CFR Part 210

1. The vendor shall comply with the Buy American Provision for contracts that involve the purchase of food, USDA Regulation (7 CFR Part 250 and 7 CFR Part 210). The vendor is required to utilize, to the maximum extent practicable, domesticcommodities and products.

The District participates in the National School Lunch Program and School Breakfast Program and is required touse the nonprofit food service funds, to the maximum extent practical, tobuy domestic commodities or products for Program meals. A"domestic commodity or product" is defined as one that iseither produced in the US or isprocessed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d).

Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request. To beconsidered for the alternative orexception, the request must be submitted in writing toa designated official, a minimum of day 14 days in advance of delivery. The request must include the:

A. Alternative substitute (s) that aredomestic and meet the required specifications.

a. Price of the domestic food alternative substitute (s); and

b. Availability of the domestic alternative substitute (s) in relation to the quantity ordered.

B. Reason for exception: limited/lack of availability orprice (include price):

c. Price of the domestic food product; and

d. Price ofthe non-domestic product that meets the required specification ofthe domestic product.

2. Contractors are required to maintain all required records for three years after final payment and all other pending matters (audits) are closed for all negotiated contracts.

3. Access must be granted to duly authorized representatives of the SFA, State Agency, United States Department of Agriculture, orComptroller General toany books, documents, papers and records of the contractor which are directly pertinent to all negotiated contracts.

4. The contractor must recognize mandatory standards/policies related to energy efficiency contained in the State Energy Plan issued in compliance with the Energy Policy and Conservation Act (PL 94- 165).

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Further information regarding this proposal may be obtained from:

Michael P. Morel Food Services Manager St. Bernard ParishSchool Food Services Department 200 East St. Bernard Highway Chalmette, Louisiana 70043

Michael.morel@sbpsb.org

Telephone: (504) 301-2000 Fax:(504)301-2010

Non-Discrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g.. Braille, large print, audiotape, American Sign Language) should contact the responsible state or local agency that administers the program or USDAs TARGET Center at (202) 7->0-?600 (voice and TTY) orcontact USDA through the Federal Relay Service at(800) 877-8339.

To file aprogram discrimination complaint, aComplainant should complete aForm AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.eov'sites,default files/documents/USDA-OA.srR°n->nP.

Compla.nt-Form-0508-0002-508-11-28-17Fax2Maii:£df, from any USDA office, by calling (866) 632-9992 or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and awritten description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date ofan alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

(1) mail: U.S. Department ofAgriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue SW Washington, D.C. 20250-9410;or

(2) fax:833)256-1665 or (202)690-7442; or

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

This institution isanequal opportunity provider.

This institution is an equal opportunity provider.

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File details come from the government source that posted it. Updated .