2024 07 15 FINAL FS 2024 02 FRESH and PRE-CUT PRODUCE BID.doc

SECTION I

FRANKLIN PARISH SCHOOL BOARD

CHILD NUTRITION PROGRAM

This form is a checklist for essential bid documents

1. Invitation To Bid with Original Signature

2. Equal Employment Opportunity

3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier covered Transactions

4. Certification Regarding Lobbying

5. Disclosure of Lobbying Activities

6. Certificate of lndependent Price Determination

7. Buy America

8. Contract

9. Request for Price Quotation Documents

10. Product formulation Statement for Documenting Fruits and Vegetables (where requested)

11. No Bid submission

12. Addendums (if any are distributed)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE

RETURN THIS PAGE WITH BID FORM

FRANKLIN PARISH SCHOOL BOARD

CHILD NUTRITION PROGRAM

SECTION I

INVITATION TO BID

Bid Number: FS2024-02

FRESH AND PRE-CUT PRODUCE BID

Date Bid Mailed: July 17, 2024 Bid Opening Date: Wednesday, August 2, 2024, 12:05 P.M.

Location of Bid Opening:

Franklin Parish School Board 7293 Prairie Road Winnsboro, LA 71295

Bid Closing Time of Bids: 12:00 PM, C.D.S.T.

Bid Period: August 1, 2024 to June 30, 2025 The person signing this document shall be an employee of the bidding company and shall have the authority to obligate the company to comply with the terms set forth herein.

The undersigned offers and agrees that, should this bid be accepted, they will sell and deliver to the schools, in compliance with the conditions set forth in this document, the produce and shell eggs specified in the Request for Quotation portion of this bid invitation.

I, the undersigned, have read and understood bid FS2024-02, and I have reviewed the bid prices on the bid form. I acknowledge this by signature.

RETURN ORIGINAL SIGNED BID TO:

Sheila A. Nolan, CNP Supervisor c/o Nan Lee, Purchasing Franklin Parish School Board 7293 Prairie Road, Winnsboro, LA 71295 Bidder’s Firm Name:

Address:

City:

State

ZIP

Area Code Telephone Authorized Representative:

Email:

AUTHORIZED SIGNATURE:

Contract/Bid Administrator:

Name:

Title:

Firm:

Address:

City:

State

ZIP

Area Code

Telephone

Email:

(If different person than the Authorized Representative)

RETURN THIS PAGE WITH BID FORM

SECTION II

GENERAL INSTRUCTIONS

2.0.1 Sealed, written bids will be received by the Franklin Parish School Board until 12:00 p.m. CDST on Friday, August 2, 2024 in the purchasing office of the Franklin Parish School (FPSB), on 7293 Prairie Road, Winnsboro, LA 71295. Sealed bids will be opened at 12:05 p.m.

CDST on Friday, August 2, 2024 at the Franklin Parish School Board Office, 7293 Prairie Road, Winnsboro, LA 71295.

Bids must be received prior to the date and time designated by the closing time or the bids will be returned, unopened to the appropriate bidder. Postmarks or dating of documents will be given no consideration in case of late bids. If however, a deliverer, UPS, Federal Express, US Air, etc. can provide documented proof as evidenced by the signature of a FPSB employee that substantiates the claim that the bid was delivered to the proper place prior to the time and date set for the bid opening and, through fault of the FPSB personnel, the bid did not get to the proper authority, the bid will be considered. Bid price updates beginning September 1, 2024 may be faxed or emailed without the certification regarding debarment, suspension, ineligibility and voluntary exclusion lower tier covered transactions, lobbying, independent price determination, and disclosure of lobbying activities. However, if the Country of Origin changes during the specified bid month, a new Buy American Provision statement must be submitted for full disclosure.

The Franklin Parish School Board reserves the right to reject any or all bids and to waive informalities. Informality is defined as a requirement of the specifications that is needed for information only, and failure on the part of the bidder to provide it would have no impact on the outcome of the bid. In such a case, the bidder would be given a specified period of time to provide the information. Failure of the bidder to comply with this timeline would result with the bid being rejected for reasons of non-compliance.

2.0.2 Submission of Bid:

Bids shall be submitted as follows:

a. The bid must be submitted with an original signature by an officer or member of the bidder who is authorized to legally bind the bidder to the terms of the bid contract. All bids shall be considered effective and available for the dates specified under Bid Period as stated above and in Special Conditions below.

b. Bids must be submitted in a sealed envelope or submitted electronically at bidnetdirect.com. The bid may be mailed or delivered to Sheila Nolan, Child Nutrition Program Supervisor, c/o Nan Lee, Purchasing, Franklin Parish School Board, 7293 Prairie Road, Winnsboro, LA 71295.

c. Bidders also have the option to submit bids electronically. The solicitation can be found electronically at bidnetdirect.com. Any fees are the responsibility of the bidder. Submission of an electronic bid requires a digital signature and an electronic bid bond when applicable.

d. The bid number, time and date of the bid opening, and the words “FS 2024-02 FRESH AND PRE-CUT PRODUCE BID" shall be noted on the face of the envelope in the lower left-hand corner. All subsequent monthly price quotations must indicate on the fax cover OR email subject line: “FS 2024-02 FRESH AND PRE-CUT PRODUCE BID Price Update”.

e. Bids delivered in Federal Express, UPS, or any other such deliverer's envelope shall be sealed in a separate envelope inside the deliverer's packaging. Failure to do this may cause the bid to be inadvertently opened and thus rejected.

f. Faxed bids on August 2, 2024 will NOT BE ACCEPTED. Faxed/emailed prices will be accepted from the awarded vendor beginning with September 20, 2024 pricing. Pricing updates are to be submitted a minimum of 10 days prior to the end of each month as indicated under Special Conditions.

g. Bids are to be submitted only on the "Request for Quotation" forms provided. All information required on the Document Checklist must be supplied in order to constitute a completed bid for the August 2, 2024 bid opening. Any notation on the outside of the sealed bid envelope which is intended to amend the bid in any manner will not be considered.

h. Bids submitted are binding on all bidders for 30 days from the date of the bid opening. Errors in quoted prices or in preparation of the bid will not relieve the vendor except as provided under Louisiana Revised Statutes.

i. All bidders must submit a copy of their current licensed certificate issued under the Perishable Agriculture Act

(USDA.). Only licensed vendors are eligible to bid.

2.0.3 Corrections:

All prices and notations must be ink or typewritten. No erasures are permitted. Errors may be crossed-out and corrections printed in ink or typewritten adjacent to the crossed-out error. Any correction shall be initialed in ink by the person signing the bid.

2.04 Bid Prices:

All prices must be fixed prices per item bid. Each item is to be priced separately by offering the standard unit price as per designation in the specification. The standard packaging offered by the bidder must be indicated, for example:

10-pound, 5-pound, pound, each, ounces, 100's, 1OOO's, etc. The CNP bid software will calculate each item price up to four decimal places. i.e. 1.8334 or .0056.

2.0.5 Bottom Line Pricing:

For each item bid, extensions are to be made on line items. Each page will be totaled. The value of the entire bid is to be totaled on the last page.

2.0.6 Bid Award:

a. Contracts will be awarded to the lowest, responsive bidder meeting all bid specifications. Awards will be based on total or bottom line pricing. Bids omitting items will be considered incomplete. The Franklin Parish School Board reserves the right to require a performance bond not to exceed 1% of the value of the contract.

b. The Franklin Parish School Board reserves the right to determine, subsequent to the bid opening, whether or not a bidder meets the requirements to be considered a responsible bidder. If it is determined that the bidder is not a responsible bidder and the determination is substantiated by the Franklin Parish School Board, bids submitted by that bidder will be rejected. The criteria used to determine responsibility shall include, but shall not be limited to, the following:

1. Delivery Abilitv:

Bidder must demonstrate or has demonstrated to the FPSB the ability to promptly and efficiently deliver all the items on the bid list. The successful bidder must also have the ability to service all schools.

2. Capacity:

Bidder must demonstrate to FPSB that they have the physical as well as the financial capacity to procure and store the merchandise covered by the contract in the volume necessary to efficiently administer the provisions of the contract.

3. Reliability:

For a bidder to be declared a responsive and responsible vendor they must have a proven record of service in the administration of a contract of this size and this type. The Franklin Parish School Board requests current references from three existing contracts with School Boards.

4. Accounting Procedures:

A bidder must clearly demonstrate to the FPSB the capability to provide accurate, reliable and timely invoices, statements, and credits. Accurate invoices with bid prices are due upon receipt of products, Credits are due within 14-days of notification and/or delivery date. Monthly statements are required within 10-days of end of each month.

5. Facilities and Equipment:

Bidder will have the warehouse facilities and equipment needed to safely store and deliver the products required by these specifications. The facilities and operating practices must, at all times, be in compliance with the United States Food, Drug and Cosmetic Act as well as any State and local Statute, Regulation or

Ordinance. The awarded bidder will provide copies of HACCP compliance, health inspections, Permit to Operate or any other documentation to verify a history of sanitary food handling and storage practices.

6. Participant in SAM.GOV:

The System for Award Management (SAM) is an official website of the U.S. government. Any business that wants to do business with the federal government or with a recipient agency that receives federal funds, must obtain a Unique Entity Identification Number (UEI), be registered, and maintain active enrollment in SAM.

In order to be awarded a contract, the successful vendor needs to demonstrate that they are actively enrolled with SAM. (See required from for submission with bid)

c. The Franklin Parish School Board will notify bidders of the contract award by written notice.

d. Nutrition Facts/Information Sheets, along with the appropriate Product Formulation Statements for

Documenting Fruits and Vegetables in School Meals for fresh cut produce is to be provided as needed by the awarded vendor.

2.0.7 Taxes:

Federal Excise Taxes are not applicable to any purchase of the Franklin Parish School Board. Sponsors participating in the Child Nutrition Programs are exempt for state taxes per Revised Statute 47:301(10)(dd). Bids should not include any such taxes. Exemption certificates will be furnished upon request. Effective September 1, 1991, according to Act 1029 Parish School Boards are also exempt from paying state and local sales tax.

2.0.8 Bid I nformation:

Subject to the requirements of the Louisiana Public Records Act, bid files may be examined by bid participants during normal working hours in the presence of a member of the CNP staff. Nonparticipants may have access to the files only after the award has been made. No files will be removed from the CNP offices. No copies will be made by a member of the CNP staff, nor will copy machines, facsimile machines or other such equipment be made available to the public for the purpose of copying bid documents.

2.0.9 Brand I dentification :

Failure to specify a manufacturer/brand and/or product code being offered for fresh-cut produce, when applicable, may be considered grounds for rejection. The vendor may be given the opportunity to provide this information. Information shall be provided within 24 hours of request. Failure to comply with the time limit established will be cause for rejection of the proposal.

2.0.10 FEDERALLY REQUIRED CONTRACT PROVISIONS:

Upon signing this contract to provide Fresh and Fresh-Cut Produce for SY 2023-2024, the bidder is agreeing that the company is in compliance with the following Acts as listed below (Appendix II of 2 CFR Part 200(A).

A. Contracts for more than the simplified acquisition threshold currently set at $250,000 for the federal threshold, or $30,000 for the state threshold (whichever is the more restrictive), 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.

B. All contracts for in excess of $10,000 must address termination for cause or convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all 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 of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor” (Appendix II of 2 CFR Part 200E).

D. The Vendor shall comply with the Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction projects 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 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 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).

E. The Vendor shall comply with the Copeland“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by the 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, or repair of public work, 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 reported violations to the Federal awarding agency.

F. 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 involves 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 workweek 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 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 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(E).

G. 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, Contract and Cooperative Agreements”, and any implementing regulations issued by the awarding agency.

H. Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Act (33 U.S.C. 1251-1387) as amended – Contract 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 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).

I. Debarment and Suspension (Executive Orders 12549 and 126899). A contract award (see 2CFR 180.220) must not be made to parties listed on the government wide exclusions in the System of Award Management (SAM), in accordance with OMB guidelines at 2 CFR 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.

J. 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 officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member 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.

K. The Vendor must 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.).

L. The SFA and vendor shall comply with the Buy American Provision for all solicitations and contracts that involve the purchase of food, USDA Regulations (7 CFR Part 250 and 7 CFR Part 210). The vendor is required to utilize, to the maximum extent practicable, domestic commodities and products. This requirement pertains to meal component items. It does not include spices, sauces, etc.

The Franklin Parish School Board participates in the National School Lunch Program, School Breakfast Program, and the Fresh Fruit and Vegetable Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is either produced in the 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).

Section 12(n) of the National School Lunch Act defines “domestic commodity or product” as an agricultural commodity that is produced in the U.S. and a food product that is processed in the U.S. Substantially means over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. The Buy American provision must be followed in all procurements where funds are used from the nonprofit food service account, whether directly by the SFA or on its behalf.

Exceptions to the Buy American 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 in writing to the CNP Supervisor/her designee a minimum of 14 days in advance of delivery.

There are two limited exceptions to the Buy American requirement:

1. A food is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or

2. Competitive bids reveal the cost of a U.S. food is significantly higher than the non-domestic food.

The request must include the:

1. Price of the domestic food alternative substitute

2. Availability of domestic alternative substitute and quantity

3. Reason for exception: limited/lack of availability or price (price must be included).

4. Prices must include:

· Price of the domestic food product; and

· Price of the non-domestic product that meets the required specification of the domestic product.

The bid packet includes the “Buy America Provision Certification Form for Food Purchases in all food procured.

The vendor must identify all food products bid by the Company that do not meet the definition of “domestic” on this document. Due to the seasonal growing seasons for produce, the Buy American Provision Certification Form for

Food Purchases MUST BE UPDATED MONTHLY and submitted to the CNP Supervisor with the monthly price updates.

The vendor must identify all food products bid by the Company that do not meet the definition of “domestic” on this document. In the event, the FPSB receives a bid from a vendor that does not include this information, the FPSB will consider the bid non-responsive

M. 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 Education 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 American with Disabilities Act; and FNS Instruction 113-1, Civil

Rights Compliance and Enforcement in School Nutrition Programs.

N. Procurement of Recovered Materials – A non-federal entity that is a state 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 of Section 6002 include procuring only items designated in guidelines 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 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).

O. The vendor 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).

2.0.10 Bid Attachments:

The following bid attachments (found in Section IV) must be completed, as per instructions, and returned with the bid:

2.0.10.1 EQUAL OPPORTUNITY EMPLOYMENT

2.0.10.2 SUSPENSION AND DEBARMENT CERTIFICATION

2.0.10.3 LOBBYING CERTIFI CATION

2.0.10.4 DISCLOSURE OF LOBBING ACTIVITIES

2.0.10.5 CERTIFICATE OF I NDEPENDENT PRICE DETERMINATION

2.0.10.6 BUY AMERICAN CERTIFICATION

2.1.12 Hold Harmless Statement:

It is understood and agreed that the Bidder, if awarded the subject contract, will protect, defend and hold harmless the Franklin Parish School Board, its members, agents and employees, from any demands claims, suits or demands for payment that may be brought for the use of any patented or copyrighted material, device, article or process, of any material that is a trade secret, that may enter in the design, manufacture, or use of the items or services contracted for, including any material, device, article or process the use of which is substantially important to the proper and most effective use of the items or services contracted. bidder further agrees to indemnify in full the Franklin Parish School Board -Child Nutrition Program, its members, employees and agents for any amounts which they may be required to expend in the defense of such claims, suits or demands, or in settlement thereof, or in satisfaction of any judgment, award or decree resulting therefrom.

Bidder agrees, if awarded the subject contract to protect, defend and hold harmless the Franklin Parish School Board, its members, agents and employees, from any claims, demands or suits of any nature arising from or in any way connected with injury or damage to person, property, business or reputation, sustained by reason of any of the acts of Bidder, his agents, employees or assigns, or of anyone from whom Bidder is legally responsible.

2.1.13 Contract Conditions:

This Contract may be terminated at any time, for any reason, by giving thirty (30) days notice. If the contract is terminated for convenience by the Franklin Parish School Board, the contractor will be paid for all items received and for any work completed as of the date of termination.

If the contract is Terminated for Cause, where the SFA has determined that the contractor is in default, The Franklin Parish School Board reserves the right to purchase any and all products or services covered by the contract on the open market and to charge the contractor with the cost in excess of the contract price. Until such assessed charges have been paid, no subsequent Bid from the defaulting contractor will be considered. The Franklin Parish School Board reserves the right con terminate any contract at any time, for any reason, by providing the contractor with 30 days written notice.

Termination of a contract for cause includes but is not limited to, the following:

1. Failure to deliver within the time specified in the contract

2. Failure to meet quantity requirements

3. Failure of the product or service to meet specifications, conform to sample quality or to be delivered in good condition

4. Financial/Accounting inaccuracies, inaccurate invoices, credit memos not issued within 10-working days of delivery, lack of timely monthly statements. Misrepresentation by the contractor, administratively or any other misrepresentation

5. Fraud, collusion, conspiracy or other unlawful means of obtaining any contract with the Franklin Parish School Board

6. Conflict of contract provisions with constitutional or statutory provisions of state or federal law.

7. Any other breach of contract

The Franklin Parish School Board, the Louisiana Department of Education, the United States Department of Agriculture, the Comptroller General of the United States, or any of their authorized representatives, may have access to any books, documents, papers and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions.

2.1.12 Federal Funding:

The Franklin Parish School Board - Child Nutrition Program is funded 98% with total Federal Reimbursement for the National School Breakfast and Lunch Programs of $1,766,474.28. The Fresh Fruit and Vegetable Program is funded 100% with Federal Funds for a total of $56,580.20 per year. The USDA Commodity Distribution Program to schools includes DOD produce funding (which is NOT included in this bid). The total of all federal funds was $1,823,054.48. For SY 2023-24, the FPSB-CNP expended approximately $56480.20 for FRESH AND PRE-CUT PRODUCE and shell eggs that was not included in Franklin Parish School Board in the USDA DOD produce amount for the National School Lunch and Breakfast Programs. Therefore, the estimated value of this bid for ALL Fresh and Fresh-Cut Produce (including the Fresh Fruit and Vegetable items) is approximately $91,882.25. This bid does not include any products purchased through the USDA/DoD produce program.

2.1.13 Non-discrimination:

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 in any program or activity conducted or funded by USDA.

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, etc.), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaine-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 a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary of 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. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

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

3. email: program.intake@usda.gov This institution is an equal opportunity employer.

SECTION Ill

SPECIAL TERMS AND CONDITIONS

3.1.1 Terms:

This contract shall be for a twelve-month period of August 1, 2024 through June 30, 2025.

Either party may cancel for cause or convenience with 30-day notification.

The Franklin Parish School Board – Child Nutrition Program, the Louisiana Department of Education, the United States Department of Agriculture, the Comptroller General of the United States, or any of their authorized representatives, may have access to any books, documents, papers and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions.

The FPSB/CNP acknowledges the volatility of the fruit/vegetable commodity market, due to unexpected weather changes (acts of God), and market conditions. Pricing of the fruit and vegetable products will be firm through

September 30, 2024. The FPSB/CNP will permit monthly price adjustments (escalate/de-escalate) after this date.

Any request to change(s) pricing must be submitted at least ten (10) days prior to the first serving day of each month. Monthly price adjustments beginning September 22, 2024 shall be faxed to (318) 435-3392

ATTENTION: FS2024-02 FRESH AND PRE-CUT PRODUCE BID-Child Nutrition Programs; or emailed between the hours of 7:30 A.M. and 1:00 P.M. to Sheila Nolan at snolan@fpsb.us and Jessie Berry at jberry@fpsb.us. Audits will be conducted using market sources/bulletins such as those published by the USDA Agriculture Marketing Service.

The bidding cycles are specified as follows:

BID OPENING DATE:

BID CYCLE

FROM

TO

August 20, 2024

September 3, 2024

September 30, 2024 September 20, 2024

October 1, 2024

October 31, 2024 October 18, 2024

November 1, 2024

November 30, 2024 November 15, 2024

December 1, 2024

December 31, 2024 December 13, 2024

January 1, 2025

January 31, 2025 January 17, 2025

February 1, 2025

February 28, 2025 February 14, 2025

March 1, 2025

March 31, 2025 March 14, 2025

April 1, 2025

April 30, 2025 April 17, 2025

May 1, 2025

May 31, 2025 May 20, 2025

June 1, 2025

June 30, 2025 NOTE: Bid quotes shall be faxed or emailed on bid opening dates beginning August 20, 2024 between the hours of 7:00 a.m. and 1:00 p. m. to (318) 435-3392 ATTENTION: FP2024-02 FRESH and PRE-CUT PRODUCE BID or you may email them to Sheila Nolan at snolan@fpsb.us or Jessie Berry at jberry@fpsb.us. If you have questions, please call Sheila Nolan, Child Nutrition Program at (318) 435-9046, extension 2128.

Non-Performance/Breach of Contract:

In the event of the awarded bidder’s nonperformance under this contract and/or the violation or breach of the contract terms, The Franklin Parish School Board – Child Nutrition Program shall have the right to pursue all administrative, contractual, and legal remedies against the awarded bidder and shall have the right to seek all sanctions and penalties as may be appropriate (Appendix II 2 CFR Part 200 (A).

In the event either party commits a material breach, the non-breaching party may terminate this agreement for cause by giving 30 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement.

At any time, because of circumstances beyond the control of the Franklin Parish School Board – Child Nutrition Program as well as the awarded bidder, the bidder or the Franklin Parish School Board may terminate the contract by giving 30 days written notice to the other party. Neither the awarded bidder nor the Franklin Parish School Board shall be responsible for any losses resulting in the fulfillment of the terms of the contract if the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, flood, acts of God or for any acts not within the control of the bidder or the Franklin Parish School Board, respectively, and which, by the exercise of due diligence, it was unable to prevent.

3.1.2 Volume:

The quantities stated on the bid form and based on usage reports from the bid period August 1, 2023 through May 25, 2024 and are accurate to the best of our ability to gather data. However, bidders must understand that the fact that a quantity as stated on any item does not constitute a guarantee to purchase an amount in excess of actual requirements. The Franklin Parish Child Nutrition Program participates in USDA’s Food Distribution Program for Schools and DOD Produce program for USDA-sourced raw produce products.

The inclusion of FRESH AND PRE-CUT PRODUCE bulk items is necessary to meet meal pattern requirements when domestically grown produce is in short supply, excessively expensive, unavailable due to natural disasters, or not included on the DoD produce list. The Fresh Fruit and Vegetable Program estimates for fresh-cut produce will be ordered only to the grant funding level.

3.1.3 Product Specifications:

a. All products bid must meet bid specifications.

b. All products must be packed in the United States. All fruits and vegetables must be inspected and graded, where applicable by USDA and Louisiana Department of Agriculture, Inspection Services. Shell eggs must meet USDA and Louisiana inspection and grading requirements for U.S. Grade A, Large Eggs and be of current production as defined in 7 CFR §56.1 from domestic chickens, the eggs shall be packaged in one dozen cartons and packed in fiberboard cases with 15 dozen per case. Eggs shall be processed in accordance with 7CFR§ 56.

3.1.4 Submission of Products:

a. The bidder should not quote if he is unable to deliver all items per bid specifications. It is the responsibility of the bidder to assure the Franklin Parish School Board that the product as bid meets specification. Brands bid and awarded will be the only brand accepted by the Franklin Parish School Board

- Child Nutrition Program. Any deviating brands shipped will be returned to the distributor.

3.1.5 Placement of Orders:

All orders will be placed by the CNP Supervisor or her designee with the successful bidder. Individual cafeteria managers are not permitted to place or change any orders. The CNP Supervisor or her designee will place orders directly with the successful bidder. Orders will be place at least 6 calendar days prior to delivery date. The Franklin Parish School Board reserves the right to place emergency orders with the bidder who can supply the item or items within the shortest period of time for delivery.

3.1.6 Times of Delivery:

Individual school hours of operation are provided in Section V. Deliveries are to be made to the cafeteria receiving area of each individual school during regular operation hours. Failure to do so may result in the bidder being responsible for the cost of the extended working hours to receive a late delivery.

Variations in delivery time must be approved in advance by the CNP Supervisor or her designee.

3.1.7 Delivery of Goods:

Delivery of items bid shall be required to all sites as listed in Section V and as follows:

a. The successful bidder will utilize only properly insulated, mechanical or thermostatic temperature control refrigeration equipment for appropriate food items. Such equipment must be capable of maintaining safe temperature of the products to ensure the delivery of the products at the appropriate temperature. The Franklin Parish School Board reserves the right to reject the use of any equipment of a bidder if it is not in a clean, sanitary condition and suitable for hauling all products.

b. All products delivered must meet bid specifications. Failure to deliver the product per bid specification will result in a notice to the bidder of failure to meet bid specifications and may be subject to bid withdrawal.

The bidder will assume full liability for all shipments until delivery is accepted by the CNP Manager or her designee.

c. The CNP Supervisor or her designee shall be notified of any outages or shortages on any order at least 24-hours prior to a delivery.

d. Deliveries will be inspected prior to acceptance and invoices must be signed by the CNP Manager or her representative at the time of delivery. Variations, i.e., shortages, damages, etc., shall be noted on each ticket by the designated receiver and initialed by the truck driver and receiver. Deviations of products delivered must have prior CNP Supervisor/designee approval.

e. The CNP Supervisor/designee will consider deviations of bid deliveries. Successive defaults of delivery can result in bid award withdrawal. Each individual school reserves the right to reject any and all backorders.

3.1.8 Delivery Personnel:

To ensure the safety of our students and staff, Franklin Parish School Board Child Nutrition Programs are expected to establish procedures to properly identify vendor delivery personnel. Delivery personnel should wear uniforms with company insignia, company name tags, and/or company identification cards.

The recipient CNP Supervisor/designee should be contacted when there are changes in drivers to the school sites. Drivers/delivery personnel are to conduct themselves in a professional manner and refrain from any inappropriate language, i.e., profanity, etc., at the school sites.

3.1.9 Invoices:

a. Invoices for the items delivered and accepted shall be submitted by the successful bidder in triplicate to the point of delivery. Two signed copies of the invoice will remain at the school site; one signed copy will return with the driver.

b. Invoices are to state the purchase order number for referral purposes.

c. The unit price, weight, brand, and quantity of each item must be indicated on each invoice and the extensions made.

d. Effective September 1, 1991, according to Act 1029, Parish School Boards are exempt from paying state and local sales tax.

e. A monthly statement should be mailed or emailed by the 10th calendar day of the month to the Franklin Parish School Board – Child Nutrition Program.

f. Payment will be made within 20 days of receipt of the statement by the Franklin Parish School Board – Child Nutrition Program.

3.1.10 Usage Report:

A monthly usage report of each item shipped to the schools shall be provided to the CNP Supervisor. Usage totals for each item should be provided by school site. This report will be submitted within fifteen calendar days of the end of each month. The Distributor is expected to notify the CNP Supervisor/designee in the event that items are not being utilized or in the event that usage is not in line with the estimated usage as stated in the Request for Quotation.

3.1.11 Exclusivity

The FPSB Child Nutrition Program will use the designated vendor as an exclusive source for produce except for the time period when purchases are being made under the Department of Defense (DoD) purchasing program.

The only other exceptions might be in time of emergency when purchases from another source might be necessary to complete meal component requirements. The FPSB CNP will purchase DOD produce until funds are depleted. Items not on the DOD list and items for the Fresh Fruit and Vegetable Program will be purchased through the designated/awarded vendor.

SECTION IV

FORMS:

1. Equal Employment Opportunity

2. . Suspension and Debarment Certification

3. Lobbying Certification

4. Disclosure of Lobbying Activities-If Applicable

5. Certification of Independent Price Determination

6. Buy America

7. Product Formulation Statement for Documenting Fruits and Vegetables

8. Contract

9. Statement of No Bid

EQUAL EMPLOYMENT OPPORTUNITY

By the signature of its authorized representative on this document, the bidder hereby certifies that it is in compliance with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41CFR Part 60).

Name of Firm:

Complete Address of Firm:

Telephone Number:

Signature of Authorized Representative:

Typed/Printed Name of Authorized Representative:

Title of Authorized Representative:

Date:

The Franklin Parish School Board does not discriminate 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 activities.

This institution is an equal Opportunity Employer

SUSPENSION AND DEBARMENT CERTIFICATION

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower-Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, Title 2 CFR Part 200.212 and Appendix II of 2 CFR Part 200). The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the USDA agency with which this transaction originated.

(Before completing certification, read instructions on next page.)

1. The prospective lower-tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

2. Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/Award Number or Project Name

Name(s) and Titles of Authorized Representative(s)

Signatures Date

INSTRUCTIONS FOR SUSPENSION DEBARMENT CERTIFICATION

By signing and submitting this form, the prospective lower-tier participant is providing the certification set out on the previous page in accordance with these instructions.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

The prospective lower-tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower-tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12 549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

The prospective lower-tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

The prospective lower-tier participant further agrees by submitting this form that he or she will include this clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower- Tier Covered Transactions, without modification in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions.

A participant in a covered transaction may rely upon a certification that a prospective participant in a lower- tier covered transaction is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Non-procurement List.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

ATTACHMENT W: LOBBYING CERTIFICATION

Submission of this certification is a prerequisite for making and entering into this transaction and is imposed by Section 1352, Title 31, and U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer, an employee of Congress, or an employee of a Member of Congress in connection with this federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, Disclosure Form to Report Lobbying Activities, in accordance with its…