2 - Milk Bid Conditions.pdf

St. Bernard Parish School Board Bid For

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

INVITATION FOR BID (IFB)

FOR MILK AND MILK PRODUCTS

Voluntary Pre-Bidders Meeting: 8:30 A.M CST, Friday, March 21, 2025 St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043

Public Bid Opening: 9:00 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@sbpsb.org

PLEASE READ THE SOLICITATION CAREFULLY

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

GENERAL INSTRUCTIONS FOR BIDDING MILK AND MILK PRODUCTS

Sealed bids will be received by the St. Bernard Parish School Board, 200 East St. Bernard Hwy., Chalmette, Louisiana, 70043 until 9:00 A.M., CST, on Friday, March 28, 2025 for providing CLASS 1 (MILK AND MILK PRODUCTS) to the St. Bernard Parish School Board Food Services Department for the period of July 1, 2024 through June 30, 2025.

At 9:00 A.M., CST, on Friday, March 28, 2025 for, bids on hand will be formally opened and read aloud. Bids received after the closing time will be returned un-opened.

Bids areto beaddressed to theSt. Bernard Parish School Board at theabove address. The envelope containing the proposal should be clearly marked, "BID FOR MILK AND MILK 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/stbemardparishpublicschools.

Each sealed bid shall be either hand delivered by the bidder or his agent in which instance the deliverer shall be handed awritten receipt or such bid shall be sent by registered orcertified mail with a return receipt requested. Additionally, bids may be submitted electronically via procedures established online. Bids faxed oremailed 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 No bid may be withdrawn for at least forty-five (45) days after the closing time from the receipt ofbids. 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 Morel, FoodServices Manager St. Bernard Parish School Board Office

200 East St. Bernard Highway Chalmette, Louisiana 70043 or bycalling (504) 301-2000. Additionally, bid packages may be obtainedonlinefrom the School Board's website at http://www.spbsb.org or at https://www.bidnetdirect.com/louisiana/stbernardparishpublicschools.

A Voluntary pre-bidders conference will be held at 8:30 A.M CST, Thursday, March 21, 2025 at 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 ofany 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

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30,2026

504-301-2010, or emailed to Michael.morel@sbpsb.org by 4:00 P.M. on March 20, 2024 and should be clearly marked, "BD3 QUESTION" on the envelope or subject line.

REQUIRED DOCUMENTS

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

Failure to submit anv of the requested documents orany document not fully completed will result in the disqualification of the bidder's complete hid.

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

1. Bid 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. Buy American Provision Certification Form for Food Purchases.

4. Escalator/De-escalator information on Milk

The following documents must be completed and submitted prior to the awarding ofthe 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 of Lobbying Activities.

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

8. Non-collusion Stateemnt

Any forms previously submitted to the St. Bernard Parish School Board, for anv reason-will not be accepted as compliance with the document requirements of this hid.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

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 in accordance with the information given on them. Inthe 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 increase or decrease the quantities specified for bid or ordered as the case of may be.

A. The bid isa requirements contract for the Milk and Milk 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 inpart or intotal 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 by an authorized representative of the Food Services Department. The contract shall furnish to the St. Bernard Parish School Board merchandise or supplies specified by the order, unless the order for a single item or combination of items is in excess of twenty (20%) percent of the estimated or maximum quantity.

C. The estimated quantities may not be the total requirements of TheSt. Bernard Parish Board, butarestrictly estimates of requirements. The approximate monthly value of the Milk andMilk Products bidduring the 2024-2025 school yearwasabout S 60,000.00. Prospective vendors may contact the Food Services Department for estimated quantities used of each of the products requested during the last school year. TheSt. Bernard Parish School Board shall order from the contractor all of the Food Services Departmentrequirements for specified and awarded Milk and Milk Products.

D. Gratuities: Bidders are 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 ofthe bid, the Bidder certifies that the bid has been arrived at independently and submitted without collusion withanyother Bidder and thecontents 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.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

AWARDING OF BD3S: A bottom line (All or Nothing) evaluation based on a calculation of product weight factors, (see table below) will be used to determine the bid award for Milk and Milk Products. Bid specifications are to include a fixed escalator or de-escalator clause (E/D).

This escalator must be in accordance with the United States Bureau of Labor Statistic's Consumer Price Index and /or Wholesale Price index as stated in Louisiana R.S. 38.2212A (2).

Additionally, should the prevailing CWT price or the differential price of raw milk increase or decrease from thepresent cost, the prices on this contract will increase or decrease to reflect such change. At no time will the price be changed without first notifying the School Board in writing ofsuch change and would change on the first day ofthe month subsequent to the receipt ofthe written notification. As an example: for each 18 cents per CWT increase or decrease, the price would increase or decrease .0010 perhalfpint.

The bid award evaluation based on a calculation ofproduct weight factors and percentage of usage purchasing history will be used to determine the bid award to the most responsible and responsive bidder.

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., aprice ofS3.64528 shall becomputed and considered $3.6452)

Bid Award Calculation

July 1,2024-June 30, 2025

Product Weight Factors Skim and 1% 8 ounce cartons

W hole Milk -gallon Orange Juice -gallon

Orange Juice- 7z gallon

Percentage 90°/,o

5%o

2.5%

2.5%

BID PROTEST PROCEDURES: Ifany Vendor who submitted abid has an objection to the award ofthe 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 ofthe Vendor notification ofthe awarded contract. The protest shall describe in detail the basis for the protest and relevant facts under such terms and conditions as deemed proper. Ifthe 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 ofits decision. The decision shall be final and binding on the objecting

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

CHILD NUTRITION (CN) LABELS, NUTRITION 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. Ifthe 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 offederal meal reimbursements, product substitution costs, and the cost ofany penalties imposed on the SFA by state and federal agencies responsible for administering the National School Lunch, School Breakfast Programs, Summer Food Service Program and the After School Snack Program.

PRE-APPROVED EQUALS Vendors may submit samples of items for consideration as "equal" to the product requested on the bid at least one week before the bid opening (see below "samples") the request for equal will be evaluated and determined as an equal item by the SBPSB Food Services Department. Notification ofthe decision to approve or reject an item "equal" will be made by the SBPSB Food Services Department and will be communicated tothe vendor with the bid award.

SAMPLES: When samples are requested or sent by avendor 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 the designated place (Food Services Office) before the end ofthe 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. 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 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.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

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 ifany, 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 ofany such vendor.

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

THE REQUEST FORPAYMENT 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 ofeach 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.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

Any bidder must bid on delivery to all schools and SBPSB locations listed in the chart below Such bidder is required to submit this price by the items for all schools and SBPSB locations and ifawarded a contract, will be required to deliver all items on this contract to any or all these schools and SBPSB locations as requested.

Location

Arabi Elementary School Chalmette Elementary School Chalmette High School -Main Campus

Chalmette High School-Lacoste Campus

Joseph Davies Elementary School J.F. Gauthier Elementary School

Andrew Jackson Middle School C.F. Rowley Alternative School St. Bernard Middle School N.P. Trist Middle School

W. Smith Jr. Elementary School

Lacoste Elementary School Arlene Meraux Elementary School Maumus Center

Frank's Place ( School Board Office) School Food Service Warehouse

Address

7200 Alexander Avenue, Arabi, La 70032 75 E. Chalmette Circle, Chalmette, La 70043 1100 E. Judge Perez Drive, Chalmette, La 70043

1101 E. Judge Perez Drive, Chalmette, La 70043

4101 Mistrot Drive, Meraux. La 70075 1200 E. LA Highway 46, St. Bernard 70085

La

201 Eighth Street, Chalmette, La 70043 49 Madison Avenue, Chalmette. La 70043 2601 Torres Drive, St. Bernard, La 70043 #1 Pirates Cove, Meraux, La 70075 6704 E.

70092 St. Bernard Highway, Violet, La

1625 Missouri Street, Chalmette. La 70043 4004 Paris Road, Chalmette, La 70043 721 Friscoville Avenue, Arabi. La 70032 200 E. St. Bernard Highway, La. 70043 5912 St. Bernard Highway, Violet, La 70092

Deliveries must be made during the hours of 6:30 AM and 11:00 AM, Monday thru Friday or at other tunes that are mutually agreed upon by the Food Services Department and the vendor Deliveries will not be accepted on regularly scheduled school holidays or at other 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 Provis,ons Delivery drivers and resnnnsihle for rotation of milk and for piling th* miiL in milk coolers orcoolers. All milk must have at l^st twelve l\ 21 Havs ofshelf life fr»m th.

date of delivery. " —

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 deliverbackordered items.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

DEFAULT AND TERMINATION:

A: The St. Bernard Parish School Board may, subject to the paragraphs below, by written notice ofdefault to the contractor, terminate this contract in whole or in part ifthe contractor fails to:

1. Deliver the merchandise or supplies within the time specified in this contract or any extension.

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

3. Perform any ofthe other provisions ofthis 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 ofwritten notice from the buyer ofthe Food Services Department specifying the failure on the part ofthe Contractor.

B. If the St. Bernard Parish School Board terminates this contract in whole or in part, it may acquire under the terms and in the manner the Food Services Manager considers appropriate, merchandise or supplies similar to those terminated, and 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 ifthe failure to perform the contractor arises from causes beyond the control and without the fault or negligence ofthe contractor which causes are limited to (1) acts of God or ofthe 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 orunder this 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, aHazard Analysis and Critical Control Point (HACCP) plan. SFA may inspect aVendor'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 and timely communications to the SFA and assurance

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026 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. .

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

EQUAL OPPORTUNITY:

A. All contracts awarded inexcess of410,000.00 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 Labor regulation (41CFR, Part 60). During the performance of this contract the Vendor agrees to comply with allof 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 that the Vendor is not ina compliance with this clause 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 orpurchase order that isnot exempt under the aforesaid rules, regulationsor 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 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) 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.

MILK AND MILK PRODUCTS

JULY 1,2025 through JUNE 30,2026

£l Tf f1 v V" S0l,Cltat,0ns or advertisement of employees placed by or on behalfof the Vendor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or nation al origin.

5. The Vendor shall send, to each labor union or representative of workers with whom thas acollective bargaining agreement or other contract or understanding the notice to be provided by the Contracting Officer advising the labor union or work « representative of the Vendors' commitments under the clause, post copies of the not.ce in conspicuous places available to employees and applicants for employment.

ACCESS TO RECORDS: The SBPSB, the Louisiana Department of Education the United Staes Department ofAgriculture and the Comptroller General of the United Sta^ or any uthorized representative shall have access to any books, documents, papers, and recorSof the vendor relating to this contract, for the purposes of making any audit exLbatl ex frpt and transcriptions. Vendors shall maintain all required documents for three years afterS final payment or in the event ofany audit until the audit is closed.

322^°F PUBLIC RECORDS: Ail "^"nation rece.ved from selected Vendorshall be subject to inspection once the contract is awarded.

TAXES; LOUISIANA SALES TAX AND ST. BERNARD SALES TAX SHOIII n ivnr E^EMPT^OrYlL STATE^n ^ ?" *"»» ™ ^ ^E5EXEMPT 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 2CFR Part 200 as amended bv Executive OrdZivm SZZt I J CFR Part 1964-1955 Comp 33g) Employment^^-^SSJS^SSSSSZS&2E ^S"9?,£ r-Chance Programs, Equa, Employment^X^^Z^^T^T'

^sez^^^^^x*seek-by ftj ™ram include aprevision for cempiiance »,„ me SScon AcmoTs r ^J^f8'!' en,i,les muslsupplemented by Depart, of Labor *ZE££Z2cF$£,S^U^TS 31'16-3148> as

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MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026 addition, contractors must be required to pay wages not less than once aweek. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of 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 report all 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 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 prohibited from inducing by any means, any person employed in the construction, completion, orrepair of public work togive up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected orreported violations to the Federal awarding agency (Appendix II of 2 CFR Part

4. 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, orcontracts for transportation ortransmission ofintelligence (Appendix II of2 CFR Part 200(1).

5. Contracts for more than the simplified acquisition threshold currently set at5150,000, 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 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 2CFR Part 200(A)

6. 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 beeffected and the basis for settlement (Appendix II of 2 CFR Part 200(B).

7. Rights to Inventions Made Under aContract orAgreement. 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 orperformance of experimental, developmental, orresearch 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).

8. Clean Air Act (42 U.S.C. 7401-767lq.) 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 Pollution Control Act asamended (33 U.S.C. 1251-1387). Violations must be reported to the Federal

MILK AND MILK PRODUCTS

JULY I, 2025 through JUNE 30, 2026

JfSSS 5*^*£5 the Re9ional °ffice of the Environmental Protection Agency (EPA) (Appendix II or £ orK Part 200(G).

?fi?oSrnen! andtSusPension (Executive Orders 12549 and 12689)-A contract award (see 2CFR 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 2CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp 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 2CFR Part 200(H).

10. 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 no used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress officer or employee of Congress, or an employee of amember of Congress in connection with 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 2CFR Part 200(1)

Required Contract Provisions from 2 CFR Part 200

L>r°?Url,!!ent °f recovered materials- Anon-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 SiS^on^"16^^,by.the f?S0UrCe Conservation ^d Recovery Act. The requirements of Section t?fnSp P^Ti °nly 'temS des'9nated in guidelines of the Environmental Protection Agency (EPA) 2th JZ2 P that contain the highest percentage of recovered matenals practicable, consistent m££TZ* f Ml8^ 'eVel °f comPetit,on- •*•• ^ purchase price of the item exceeds$10 000 or the value of the quantity acquired by the preceding fiscal year exceeded $10 000 procuring ~ Lh.!2? mana9emfnt services in a ma™er that maximizes energy and resource recovery and

SfiZSZ pSreSSSSTprogram for procurement of recovered materials identified ,n the

2. The vendor agrees to take all necessary affirmative steps to assure that minority businesses SET™ A«Smef enterPrises' and labor s^plus area firms are used when possible (2 CFR Part 200.321) Affirmative steps will include:

(j^Placing qualified small and minority businesses and women's business enterprises on solicitation

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

m^m.^ni?31 r^uir^ments(; w^n economically feasible, into smaller tasks or quantities to permit maximum participat.on by small and minority businesses, and women's business enterprises;

J'JJablisnin9 delivery schedules, where the requirement permits, which encourage participation by small and minonty business enterprises; ^ Dy

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and Minonty Business Development Agency of the Department of Comme ce and J£££??£!l "T? Cr°,nJraCt0r if subcontracts ™to be let, to take the affirmativesfeps |£ed inparagraphs 1 through 5 of this section. y ertSpriSST may Pr°Vide S°UrCeS f0f SP°nSOrS t0 f'nd 'iStingS °f m'n0rity and WOmerVs business " ht^/sbaU8TSmASS0Ciati°n USt °f federally-certified minority and woman-owned businesses:

MILK AND MILK PRODUCTS

JULY 1,2025 through JUNE 30,2026

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

Required Contract Provisions from 7 CFR Part 210

I Ih! ,oeod0o Sha" °0mply mth the Buy Ame"'c™ Provision for contracts that involve the purchase offood, USDA Regulation (7 CFR Part 250 and 7CFR Part 210) The vendor is rehired to i£ tftho maximum extent practicable, domestic commodities and products ^ ' l°**

The District participates in the National School Lunch Program and School Breakfast Proaram and is requ,red to use the nonprofit food service funds, to the maximum extent praScTTbuylSiS commodities or products for Program meals. A"domestic commodity or product' isdefined^one ^erP^uced in ^e U.S. or is processed in the US substantially usingaJricXS commodities that are produced in the U.S. as provided in 7CFR Part 210.21(d).

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

a. Pnce ofthe 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 or price (include price)

c. Pnce of the domestic food product; and

1 £oductthG non_domestic product that mee{s the quired specification of the domestic

The "Buy American Provision Certification Form for Food Purchases" must be completed and returned with the bid packet. The vendor must identify all food products by ttwcanS^Ja^ntl meet the deflation of information; the SFA must consider the bid non'responste V

Other Contract Provisions

Act1? tasT m! ix^/Ltn the,,ol"f"9 T' r'9h,s la"s'as amende<1: ™e Vl °< »» <** Rights Djsa^esAct; an, FNS instruction m^-^SSSZStSOSSSlSSSSiE contractor which aredirectly pertinent toall negotiated contracts fhJSf^?"3010'™"51 reC09nize mandatory standards/policies related to energy efficiency contained inthe State Energy Plan .ssued ,n compliance with the Energy Policy and ConserSrtonS3<pt£\6%

Further information regarding this proposal may be obtained from:

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

Michael P. Morel

Food Services Manager

St. Bernard Parish School Food Services Department

200 East St. Bernard Highway

Chalmette, Louisiana 70043

Telephone: 504-301-2000 fax: 504-301-2010 email: Michael.morel@sbpsb.org

Non-Discrimination Statement

In accordance with federal civil rights law and U.S. Department ofAgriculture (USDA) civil rights regulations and policies, this institution isprohibited from discriminating on the basis ofrace, color, national origin, sex (including gender identity and sexual orientation), disability, age, orreprisal orretaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means ofcommunication to obtain program information (e.g.. Braille, large print, audiotape, American Sign Language), should contact the responsible state orlocal agency that administers the program or USDA's TARGET Center at(202) 720-2600 (voice andTTY) orcontact USDA through theFederal Relay Service at (800) 877-8339, To file aprogram discrimination complaint, aComplainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which canbeobtained online at: https://wwvv'.usda.go\/sites/default/files/documents/USDA-OASCR<"o20P- Complaint-Form-0508-0002-508-11 -28-17Fax2Mail.pdf. 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 ofthe alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date ofanalleged civil rights violation. The completed AD-3027 form or letter must besubmitted to USDA by:

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

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

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

Thisinstitution is an equal opportunity provider.

This institution is an equalopportunity provider.

MILK AND MILK PRODUCTS

JULY 1, 2025 through JUNE 30, 2026

Vendors: Please complete the following escalator/de-escalator on milk listed below and return with your bid documents asstated onpage 3 of the conditions.

ESCALATOR/DE-ESCAEATOR INFORMATION ON Mil K

ESCALATION/DE-ESCALATION: Product specifications included herein shall be made firm for the entire period of the contract. The price included herein shall be firm for thirty (30) days from the date of the bid opening (February 2025). Subsequent prices for these milk products may escalate or de-escalate in accordance with the changes in the Class Imonthly total raw milk pnce components (Skim Milk and Butterfat) to the manufacturer as stated by the Announcement of Class Prices for 3.5% Milk for the LA area Please use the United States Department of Agriculture, Agricultural Marketing Service Dairy Programs, Market Administrator, Federal Order No. 7- Southeast Marketing Area (http://www.fmmatlanta.com/). Calculations each month shall be based on comparison to prior month (except August, which shall be compared to May).

The vendor awarded the contract shall provide 10 days prior written notice to any change to the St. Bernard Parish School Board Food Services Department, 200 East St Bernard Highway, Chalmette, Louisiana 70043 or by sending the notification to Michael.morel@sbpsb.org. Acopy of the Milk Market Administrator's Announcement and any other announced pnce changes shall be furnished with the written notification Any change in price will commence on the 1st day of the month subsequent to the receipt of the written notification.

For bid purposes, the present cost of components for the month of February 2025 is

$_.4011_/cwt. for skim milk and $_.4011 /lb. for butterfat to equal $_.4011_/cwt. of 3.5% Class I milk.