2 - Food Products Bid Conditions 2025-2026.pdf

BID ADVERTISEMENT

Sealed bids will be received by the S. Bernard Parish School Board, 200 East St. Bernard Hwy., Chalmette, Louisiana, 70043 until 10:00 A.M. CST on Friday, March 28,2025 for the purpose ofproviding FOOD PRODUCTS (SEASONINGS, STAPLES, CANNED FOODS, FROZEN FOODS, POULTRY AND EGGS, MEAT AND MEAT PRODUCTS, AND SEAFOOD) to the St. Bernard Parish School Board Food Services Departmentfor the period of July 1, 2025 throughJune 30, 2026.

At 10:00 A.M. CST on Friday, March 28, 2025, bids will be formally opened andreadaloud. Bids received after the closing time will be returned un-opened. The public is invited to attendthe bid openings.

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, "BIDS FOOD 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 bythe bidder or hisagent inwhich instance the deliver shall be handed a written receiptor such bid shall be sent byregistered or certified mail witha return receipt requested. Additionally, bids may be submitted electronically via procedures established online.

Specifications' and bid packets may be obtained upon request from St. Bernard Parish School Board Office in writing, at 200 East St. Bernard Hwy., Chalmette, Louisiana, 70043, or by calling Mr. Michael Morel, Food Services Manager at (504-301-2000) or online at https://www.bidnetdirect.com/louisiana/stbernardparishpublicschools..

AVOLUNTARY pre-bidders conference will be held on Friday, March 21, 2025 at 9:30 A.M. CST at the St. Bernard Parish School Board Office, 200 EastSt. Bernard Hwy., Chalmette, Louisiana 70043at which time vendors maysubmit questionsor request clarification ofany requirements of the bid request.

St. Bernard Parish School Board reserves the right to accept or reject any or all bids that may not serve isbest interest. No bid may be withdrawn for at least forty-five (45) daysafter the closing time from the receipt of bids. Only firm bids will be accepted. No alternate bids will beconsidered or tabulated.

Doris Voitier

Superintendent

ADVERTISEMENT DATES

March 7 and March 14, 2025

This institution is an equal opportunity provider.

St. Bernard Parish School Board

BID REQUEST

FOOD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30,2026

INVITATION FOR BID (IFB)

FOR FOOD PRODUCTS

Voluntary Pre-Bidders Meeting: 9:30 a.m. CST, March 21, 2025 St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043

Public Bid Opening: 10:00 p.m. CST, 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@sbpsb.org

PLEASE READ THE SOLICITATION CAREFULLY

FOOD PRODUCTS

JULY I, 2025 THROUGH JUNE 30, 2026

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 10:00 A.M. CST on FRIDAY, MARCH 28, 2025 for providing SPICES AND SEASONINGS (CLASS 2), CEREAL, DRIED BEANS AND

CRACKERS (CLASS 3), FROZEN FOODS (CLASS 5), MEAT AND MEAT PRODUCTS

(CLASS 6), POULTRY AND EGGS (CLASS 7), SEAFOOD PRODUCTS (CLASS 8),

AND CANNED GOODS (CLASS 9), to the St. Bernard Parish School Board Food Services Department for the period ofJULY1, 2025 through JUNE 30, 2026.

At 10:00 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 FOOD 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@sbpsb.org or by calling (504) 301-2000. Additionally, bid packages may be obtained online from the School Board's website at https://www.sbpsb.org/ or at https://www.bidnetdirect.com/louisiana/stbernardparishpublicschools

FOOD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30, 2026

A Voluntary pre-bidders conference will be held on FRIDAY, MARCH 21, 2025. At 9:30 A.M.CST in the St. Bernard Parish School Board Office, 200East St. Bernard Hwy., Chalmette, Louisiana, 70043 at which time vendors may submit questions or request clarification of any requirements ofthe 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, 2025 and should be clearly marked, "BID QUESTION" on the envelope or subject line.

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 FormulationStatements when requested in the bid request form for individual food items

4. Buy AmericanProvisionCertification 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, Ineligibility and Voluntary Exclusion form.

5. Certification Regarding Lobbying form.

6. Disclosure ofLobbying Activities.

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

8. Non-Collusion Statement

Any 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.

BUD REQUEST

FOOD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30, 2026

DETERMINATION OF BD3S: 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 besubmitted on the forms provided and inaccordance with the information given on them. Inthe case of items specified as"orequal as approved' the decision of the School Board or School Board Representative shall be final. St. Bernard School Board reserves the right to increase or decrease the quantities specified for bidor ordered as thecase may be.

A. The bid is a requirements contract for the food products specified and effective for the period 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 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. Delivery or performance shall be made only as authorized byorders issued byan authorized representative of the Food Services Department. The contract shall furnish to the St. Bernard Parish School Boardmerchandise or supplies specified by the order, unless the order for a single item or combinationof items is in excess of twenty (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 Food Products bid during the2023-2024 school year was5150,000.00 permonth. Prospective bidders may request a current usage statement for any of the items in the bid request up until the official bid opening stated in the conditions by calling 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: Biddersare expressly advised that gratuities are not 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 Biddercertifiesthat the bid has been arrived at independently andsubmitted without collusion with any otherBidder and thecontents of thebid 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.

FOOD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30, 2026

AWARDING OF BIDS: A line by line item bid evaluation will be used to award the bid to the most responsible and responsive bidders. 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 S3.6452)

BID 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 inwriting orby email (michael.morel@sbpsb.org) tothe SFA within SEVEN (7) business days of the Vendor notification of the awarded contract. The protest shall describe in detail the basis for the protest and relevant facts under such terms and conditions asdeemed proper. If the protest is filed in a timely fashion, the SFA will review the basis for the protest and will review the matter under the terms and conditions and shall notify those Bidders involved of its decision.

The decision shall be final and binding on the objecting 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, SummerFood Service Program and the After School Snack Program.

PRE-APPROVED EQUALS Vendors may submit samples of items for consideration as "equal" to the product requestedon the bid at least one week before the bid opening (see below "samples") therequestforequal willbeevaluated anddetermined as an equal itemby the SBPSB Food Services Department. Notification of the decisionto approve or reject an item "equal" will be made by the SBPSB Food Services Department and will be communicated to the vendor with the bid award.

SAMPLES: When samples are requested or sent by a vendor for consideration as an equal item to the one requested in the bid request, the sample must be submitted by the firm so as to reach

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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 or Alternate Quotations 3. Brands not approved ofor 4. Incomplete bids. A complete 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 to provide bids as requested will result in REJECTION ofbidder's quote on that item.

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: Upon delivery 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 to supply it, the contractor shall be responsible for the additional cost if any, incurred by the 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

BDD REQUEST

FOOD PRODUCTS

JULY 1, 2025 THROUGH JUNE 30,2026

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 anytime prior to the delivery date.

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

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

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.

DELIVERIES: Deliveries must be made during the hours 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 the vendor. Deliveries will not be accepted on regularly scheduled school holidays oratother times as may be necessary, provided adequate notice is given to vendor. The Food Services

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Department reserves the right to refuse delivery of any items not delivered in accordance with the above provisions.

DEFAULT AND TERMINATION:

A: The St. Bernard ParishSchool Board may, subjectto the paragraphs below, by writtennotice of default to the contractor, terminate this contract in whole or in part if the contractor fails to:

1. Deliver the merchandise or supplies within the timespecified inthiscontractor anyextension.

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

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 partof 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 shall be liable to the St. Bernard Parish School Board 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 from causes beyond the control andwithout the fault or negligence of thecontractor which 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 SchoolBoard 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 and open competition. If the language, specifications, terms and conditions, or any combination thereof, restricts or limits the requirements in this solicitation to a single source, it must be the responsibility of the interested Vendor to notify, Michael 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 ofsuch 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

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JULY 1, 2025 THROUGH JUNE 30, 2026

necessarily restricted to, a Hazard Analysis andCritical Control Point (HACCP) plan. SFAmay inspect a Vendor's facilities andvehicles. 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, coldstorage 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 and timelycommunications to the SFA and 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 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. .

Vendorwill define their Biosecurity policy and procedures at the requestof the SFA.

EQUAL OPPORTUNITY:

A. All contracts awarded in excess of5410,000.00 by St. BernardParish 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 Labor regulation (41CFR, Part 60). During the performance of this contract the 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 of Agriculture for the purpose of investigating to ascertain the vendor's compliance with the applicable rules, regulations and orders. If it isdetermined thatthe Vendor is not ina compliance withthisclause 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 termsand 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 this contract, the Vendor agrees as follows:

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

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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) layoff or termination, (7) rates of pay or other forms ofcompensation 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; statethat all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, ornation alorigin.

5. The Vendor shall send, to each labor union or representative of workers with whom ithas a collective bargaining agreement orother contract orunderstanding, the notice 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 ofthe 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 ofmaking any audit, examination, excerpts, and transcriptions. Vendors shall maintain all required documents for three years after the final payment or in the event ofany 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 BID 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

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JULY 1, 2025 THROUGH JUNE 30, 2026

1 Equal EmploymentOpportunity Except as otherwise provided under 41 CFR Part60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3must include the equal opportunity clause provided under41 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 part60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor" (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 52,000awarded by non-Federal entitiesmust include a provision forcompliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Departmentof 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 pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Departmentof Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must reportall suspected or reported violations to the Federal awarding agency Appendix II of 2 CFR Part 200(D).

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 PublicWork 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 publicwork, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reportedviolations 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 RightsAct 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 of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. 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 conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or 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 amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address

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administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate (Appendix II of 2 CFR Part 200(A)

7. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will 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 37 CFR §401.2 (a) and the recipient or sub 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 must comply 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 Air Act (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 AirAct (42 U.S.C. 7401-7671q) and the Federal Water 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 (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions 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), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory 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 for an 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 officeror employee of any agency, a member of Congress, officeror employee of Congress, or an employee of a memberof Congress inconnectionwith obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose 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 DisposalAct, as amended bythe Resource Conservation and RecoveryAct. The requirements of Section 6002 include procuring only itemsdesignated inguidelines of the Environmental 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 or the valueof 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

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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: Provisions Regarding Minority Businesses/ Affirmative Action

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) Affirmative action steps will include:

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, intosmaller tasks or quantities 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 services and assistance, as appropriate, of such organizations as the Small Business Administration and Minority Business DevelopmentAgency of the Department of Commerce;

and

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

Links belowmay provide sources forSponsors to find listing of minority and women's business enterprises.

• Small Business Association List of federally -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 BuyAmerican 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, domestic commodities and products.

The District 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 practical, to buy domestic commoditiesor productsfor Program meals. A"domesticcommodity or product" is defined as one that iseither produced in the U.S. or is processed 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 BuyAmerican provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted inwriting to a designated official, a minimum ofday 14days inadvance of delivery. The request must include the:

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A. Alternative substitute (s) that are domesticand meet the required specifications:

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

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

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

c. Price of the domestic food product; and

d. Price of the non-domestic productthat meets the required specification of the domestic product.

2. Contractorsare 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 ofthe SFA, State Agency, United States Department ofAgriculture, or Comptroller General to any 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 inthe State Energy Plan issued incompliancewith the Energy Policy and ConservationAct(PL94- 165).

Further information regarding this proposal may be obtained from:

Michael P. Morel

Food Services Manager St. Bernard Parish School Food Services Department 200 East St. Bernard Highway Chalmette, Louisiana 70043

Michael.morel@sbpsb.org

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

In accordance with federal civil rights lawand U.S. Department of Agriculture (USDA) civilrights regulations and policies, thisinstitution is prohibited from discriminating onthebasis of race, color, national origin, sex(including gender identity and sexual orientation), disability,age. or reprisalor retaliationfor prior civil rightsactivity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative meansof communication to obtainprogram information (e.g..Braille, largeprint, audiotape, American Sign Language), should contact the responsible stateor local agency thatadministers theprogram or USDA's TARGET Centerat (202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To filea program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Formwhichcan be obtained online at: https://www.uscla.gov/sites/default/files/dccuments/USDA-OA5CR%20P- Complaint-Form-0508-0002-508-U-28-17Fax2Mail.pdf, from anyUSDA office, bycalling (866) 632-9992, or bywriting a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the allegeddiscriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

(1) mail: U.S. Departmentof Agriculture Officeof the AssistantSecretaryfor 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 is an equal opportunity provider.