241302 Misc Food Proc approved by Suzette FINAL.pdf

RFP #241302

REQUEST FOR PROPOSAL (RFP) & PROPOSAL ACKNOWLEDGMENT

POSTING DATE: PROCUREMENT CONTACT & TELEPHONE:

Kanisha Simmons (850) 469-6210 Monday, February 19, 2024 Ksimmons3@ecsdfl.us

RFP TITLE: RFP NUMBER:

Miscellaneous Food Processing: USDA Commodities 241302

RFP OPENING DATE & TIME: Friday, March 8, 2024, 1:30 PM, Central Standard Time NOTE: PROPOSALS RECEIVED AFTER THE RFP OPENING DATE AND TIME WILL NOT BE ACCEPTED.

The School District of Escambia County, Florida, solicits your company to submit a proposal on the above referenced goods or services. All terms, specifications and conditions set forth in this request are incorporated by this reference into your response. Proposals will not be accepted unless all conditions have been met. All proposals must have an authorized signature in the space provided below. All proposals must be sealed and received in the School District's Procurement Office at 75 N. Pace Blvd., Pensacola, Florida 32505 by the "RFP Opening Date & Time” referenced above.

All envelopes containing sealed proposals must reference the "RFP Title", "RFP Number" and the "RFP Opening Date & Time". The School District is not responsible for lost or late delivery of proposals by the U.S. Postal Service or other delivery services used by the Responder. If submitting electronically, Responders shall submit their responses on BidNetDirect.com. Proposals may not be withdrawn for a period of sixty (60) days after the RFP opening unless otherwise specified.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR PROPOSAL. PROPOSALS WILL NOT BE ACCEPTED WITHOUT THIS FORM SIGNED BY AN AUTHORIZED AGENT OF THE RESPONDER.

COMPANY NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER: (EXT: ) FACSIMILE NUMBER:

EMAIL:

HOW DID YOU FIND OUT ABOUT THIS RFP? SCHOOL DISTRICTWEBSITE BIDNET DEMAND STAR PRIME VENDOR

OTHER (PLEASE SPECIFY ) MINORITY/DISABLED SERVICE VETERAN SUPPLIER

I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR

CONNECTION WITH ANY OTHER RESPONDER SUBMITTING A PROPOSAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD.

I AGREE TO ABIDE TO ALL TERMS AND CONDITIONS OF THIS RFP AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFP FOR THE RESPONDER. I FURTHER CERTIFY THAT I UNDERSTAND THAT FAILURE ON MY PART AS THE RESPONDER TO RETURN ALL PAGES OF THE ENTIRE RFP PACKAGE, AND/OR FAILURE TO RETURN ANY OF THE ITEMS LISTED IN SECTION III MAY RESULT IN A DETERMINATION THAT THE

PROPOSAL IS NONRESPONSIVE.

TYPED OR

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

9500-PUR-029 (rev Jan 2004)

THE ESCAMBIA COUNTY SCHOOL DISTRICT

PROCUREMENT DEPARTMENT

75 N. PACE BLVD.

PENSACOLA, FL 32505

to the Bid Activity Section of the District

INTRODUCTION

The purpose of this Request For Proposal (RFP) is to cover the specific processing required to turn donated USDA food commodities into the products listed. The processed products are needed for the period beginning July 1, 2024 and ending June 30, 2025. This solicitation is for the National School Lunch Program (NSLP) and Summer Food Service Program (SFSP). Since this RFP is for processing donated commodities, each commodity item will be awarded to one vendor by donated product category with the award going to the vendor with the aggregate low price for all items offered in that category.

Vendors must be on the State of Florida approved USDA Food Processor list in order to submit a proposal. Proposals will not be accepted nor will commodity processing orders be placed with any proposing firm not listed on the State of Florida approved USDA Food Processor’s list.

Proposals will not be accepted from any third party on behalf of a processor. All terms and conditions shall remain in effect for the entire term of this agreement. Food deliveries will be shipped to the ECSD Central Warehouse, 51 E. Texar Drive, Pensacola, FL 32503.

CALENDAR OF

EVENTS

RFP Posting Date Monday, February 19, 2024

Deadline for Questions (See Page 2, Section I.) Thursday, February 22, 2024, 5:00 PM CST

Answers to Questions Posted and Addendum Issued If Needed (See Page 2, Section I) Tuesday, February 27, 2024

RFP Opening (See Page 1) Friday, March 8, 2024

RFP Evaluation Wednesday, March 20, 2024

School Board Approval Tuesday, April 16, 2024

Agreement Start Date Monday, July 1, 2024

If offering a brand and/or product OTHER THAN ONE OF THE PREAPPROVED BRANDS LISTED, make a notation in the comments section for that item. If you offer a product that is not preapproved in this RFP, you must send a sample for review by Monday, March 4, 2024, 12:00 PM, CST.

The District will accept samples sent in either a full case in its original packaging, single 10# cans, or single bags of frozen product. Loose samples need to be manufacturer’s labeled cans or bags and the required documentation when offering an alternate product. Failure to send a sample will result in your proposal being determined “non-responsive” for that item. Unmarked boxes or bags containing loose samples are not accepted. Samples should be clearly labeled “SAMPLE FOR RFP NUMBER #241302”. If planning to send samples, the necessary form and instructions will be posted on the Procurement website at www.escambiaschools.org/Page/1048 must be completed prior to samples being sent. All food samples should be delivered to the Escambia County School District Central Warehouse, 51 East Texar Drive, Pensacola, FL 32503. Refer to Section II, Paragraph T – Samples and Brand Names on page 5.

QUESTIONS: Due to time constraints, it is recommended that vendors send questions by a manner that can be tracked (email, certified mail, or overnight courier); email is preferred. Deadline for questions will be Thursday, February 22, 2024, 5:00 PM, Central Standard Time. Any changes in the specifications contained in this RFP will be made by Addenda. Any Addenda issued concerning this RFP will be posted on the Procurement Department’s web pages.

PRIOR TO SUBMITTING A PROPOSAL, it shall be the sole responsibility of each Responder to contact the Procurement Specialist or visit the Procurement Department’s Web pages to determine if an Addendum has been issued and to obtain such Addendum. Any Addendum and answers to any questions received will be posted by close of business Tuesday, February 27, 2024. The direct link website is listed below:

www.escambiaschools.org/Page/1048

All inquiries should be sent to:

Kanisha Simmons, Procurement Specialist Procurement Department Escambia County School District 75 N. Pace Blvd.

Pensacola, FL 32505 Email: ksimmons3@ecsdfl.us

For the Escambia County School District (ECSD) to ensure equal treatment of all participating vendors, the above-named individual is ECSD’s only designated representative for this RFP.

Vendors are expected to utilize this representative for ALL Information regarding this RFP. Vendors who contact any other District employee regarding the subject of this RFP are subject to disqualification from participating in this solicitation.

II. GENERAL TERMS AND CONDITIONS

NOTE: The term “Contractor, Responder, or Vendor” as used within this Request For Proposal (RFP) refers to the person, company or organization responding to this RFP. The Responder is responsible for understanding and complying with the terms and conditions herein.

A. GENERAL: Upon an RFP award, the terms and conditions of this RFP or any portion thereof, may upon mutual agreement of the parties be extended for an additional term(s) or for additional quantities (all original terms and conditions will remain in effect). Subject to the mutual consent of the parties, the pricing, terms and conditions of this RFP, for the products or services specified herein, may be extended to other municipal, city or county government agencies, school boards, community or junior colleges, or state universities within the State of Florida.

B. RFP OPENING AND FORM: Proposal openings will be public on the date and time specified on the

Proposal Acknowledgement form. All proposals received after the time indicated will be rejected as non-responsive and retained by the District. Proposals by Email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the Proposals only; details concerning pricing or the offering will not be announced. All proposals submitted shall become public record upon an announcement of a recommended award or thirty (30) days after the opening date whichever occurs first. To protect any confidential information contained in their Proposal, companies must invoke the exemptions to disclosure provided by law in response to the RFP, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

C. WARRANTY: All goods and services furnished by the Responder, relating to and pursuant to this RFP will be warranted to meet or exceed the Specifications contained herein. In the event of breach, the Responder will take all necessary action, at Responder’s expense, to correct such breach in the most expeditious manner possible.

D. PRICING: All pricing submitted will include all packaging, handling, shipping charges, and delivery to any point within Escambia County, Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise and State of Florida Sales taxes.

E. TERMS OF PAYMENT / INVOICING: The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Responder’s invoice. Itemized invoices, each bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

F. TRANSPORTATION AND TITLE: (1) Title to the goods will pass to the School District upon receipt and acceptance at the destination indicated herein. Until acceptance, the Responder retains the sole insurable interest in the goods. (2) The shipper will prepay all transportation charges. The School District will not accept collect freight charges. (3) No premium carriers will be used for the School District’s account without prior written consent of the Director of Procurement.

G. PACKING: All shipments will include an itemized list of each package’s content, and reference the

School District’s Purchase Order Number. No charges will be allowed for cartage or packing unless agreed upon by the School District prior to shipment.

H. INSPECTIONS AND TESTING: The School District will have the right to expedite, inspect and test any of the goods or work covered by this RFP. All goods or services are subject to the School District’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Responder’s risk. Such inspection, or the waiver thereof, however, will not relieve the Responder from full responsibility for furnishing goods or work conforming to the requirements of this RFP or the RFP Specifications, and will not prejudice any claim, right, or privilege the School District may have because of the use of defective or unsatisfactory goods or work.

I. STOP WORK ORDER: The School District may at any time by written notice to the Responder stop all or any part of the work for this RFP award. Upon receiving such notice, the Responder will take all reasonable steps to minimize additional costs during the period of work stoppage. The School District may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the RFP terms and conditions.

J. INSURANCE AND INDEMNIFICATION: The Responder agrees to indemnify and save harmless the School District, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Responder, its agents, employees, or representatives, or are arising from any Responder furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School District. The Responder will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the School District. The Responder will, at the request of the School District, supply certificates evidencing such coverage.

K. RISK OF LOSS: The Responder assumes the following risks: (1) all risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided; (2) all risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

(3) all risks of loss or damage to any property received by the Responder or held by the Responder or its suppliers for the account of the School District, until such property has been delivered to the School District; (4) all risks of loss or damage to any of the goods or part thereof rejected by the School District, from the time of shipment thereof to Responder until redelivery thereof to the School District.

L. LAWS AND REGULATIONS: Responders will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Responders agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin.

All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida.

M. PUBLIC ENTITY CRIMES: A Responder, person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

N. PATENTS: Responders agree to indemnify and save harmless the School District, its officers, employees, agents, or representatives using the goods specified herein from any loss, damage or injury arising out of a claim or suit at law or equity for actual or alleged infringement of letters of patent by reason of the buying, selling or using the goods supplied under this bid, and will assume the defense of any and all suits and will pay all costs and expenses thereto.

O. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. All Responders must disclose the name of any company owner, officer, director or agent who is an employee of the School District and/or is an employee of the School District and owns, directly or indirectly, an interest of five percent or more of the company.

P. TERMINATION: DEFAULT. The School District may terminate all or any part of a subsequent award by giving notice of default to Responder, if Responder: (1) refuses or fails to deliver the goods or services within the time specified; (2) fails to comply with any of the provisions of this RFP or so fails to make progress as to endanger performances, hereunder, or; (3) becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School District’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination. CONVENIENCE. The School District may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Districts sole obligations will be to reimburse Responder for (1) those goods or services actually shipped/performed and accepted up to the date of termination, and (2) costs incurred by Responder for unfinished goods, which are specifically manufactured for the School District and which are not standard products of the Responder, as of the date of termination, and a reasonable profit thereon. In no event is the School District responsible for loss of anticipated profit nor will reimbursement exceed the RFP value.

Q. DRUG-FREE WORKPLACE: Whenever two or more RFPs are equal with respect to price, quality, and service, an RFP received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process.

R. PERFORMANCE: In an effort to reduce the cost of doing business with the School District, and unless indicated elsewhere, no bid or performance bond is required. However, upon award and subsequent default by Responder, the School District reserves the right to pursue any or all of the following remedies: (1) to accept the next lowest available RFP price or to purchase materials or services on the open market, and to charge the original awardees for the difference in cost via a deduction to any outstanding or future obligations; (2) the Responder in default will be prohibited from activity for a period of time determined by the severity of the default, but not exceeding two years; (3) any other remedy available to the School District in tort or law.

S. AUDIT AND INSPECTION: The District or its representative reserves the right to inspect and/or audit all the Responder’s documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Responder to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement. Documents/records in any form shall be open to the District’s representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or sub-contracts that directly or indirectly pertain to the transactions between the District and the Responder.

T. SAMPLES AND BRAND NAMES: BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the corresponding level of performance the School District expects to receive as a minimum. Responders offering equivalents or superior products to the brand/model referenced will: (1) reference on the RFP in the space provided the manufacturer’s name, brand name, model and/or part number; (2) next to the price Responder will indicate “ALT” to reflect an alternate offering; (3) where no sample is provided with the RFP, Responders will enclose sufficient technical specification sheets and literature to enable the School District to reach a preliminary evaluation; (4) the School District may request and Responder agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School District may deem appropriate, at no charge to the District; (5) the School District reserves the right to determine the acceptability of any alternatives offered. SAMPLES. Any sample requested by this RFP or to be provided at the Responder’s option, should be forwarded under separate cover to the attention of the ESCD Central Warehouse. The package or envelope will reference the RFP Number, RFP Title, and RFP Item Number and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Responders are responsible for notifying and making arrangements for pick up from the School District if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School District.

U. EVALUATION CRITERIA: Primary factors used to decide the award hereunder will be price, quality, availability, and responsiveness. Other factors that may be used in the evaluation of this bid will be:

(1) administrative costs incurred by the School District in association with the discharge of any subsequent award; (2) alternative payment terms; (3) Responder’s past performance. The School District reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any proposal in its entirety or in part, and to waive minor irregularities if the proposal is otherwise valid.

In the event of a price extension error, the unit price will be accepted as correct. The School District has sole discretion in determining testing and evaluation methods. The School District may consider in conjunction to any award hereunder, those products, services and, prices available to them through contracts from state, federal, and local government agencies or other school districts within the State of Florida.

V. CLARIFICATIONS AND INTERPRETATIONS: The School District reserves the right to allow for clarification of questionable entries, and for the Responder to withdraw items with obvious mistakes.

Any questions concerning terms, conditions or specifications will be directed to the designated Procurement Specialist referenced on the RFP Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Specialist in writing at least seven workdays prior to the opening date of the proposals. Failure to do so, on the part of the Responder will constitute an acceptance by the Responder of consequent decision. An addendum to the RFP shall be issued and posted for those interpretations that may affect the eventual outcome of this RFP. It is the Responder’s responsibility to assure the receipt of all addendum issued. No person is authorized to give oral interpretations of, or make oral changes to the RFP. Therefore, oral statements given before the RFP opening date will not be binding. The School District will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to the School District’s Procurement website address at https://www.escambiaschools.org/Page/1048 at least five workdays prior to the opening date. The Responder shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

W. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST: RFP tabulations with award recommendations are posted for 72 hours in the Procurement Office and are also posted to the School District’s Procurement website address at https://www.escambiaschools.org/Page/1048. Failure to file a protest within the time prescribed in Section 120.57(3) Florida State Statutes will constitute a waiver of proceedings under Chapter 120, Florida State Statutes and School Board Rules. RFP tabulations, recommendations or notices will not be automatically mailed.

X. CONTACT: All questions for additional information regarding this RFP must be directed to the designated Procurement Agent noted on page one. Prospective Responders shall not contact any member of the Escambia County School Board, Superintendent, or staff regarding this RFP prior to posting of the final tabulation and award recommendation on the website and in the Procurement Office.

Any such contact shall be cause for rejection of your proposal.

Y. PROPOSAL PREPARATION COSTS: Neither the School District nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this proposal.

Z. AGREEMENT FORM: All subsequent agreements as a result of an award hereunder, shall incorporate all terms, conditions and specifications contained herein, and in response hereto, unless mutually amended in writing.

AA. ADDITIONAL TERMS AND CONDITIONS: The School District reserves the right to reject offers containing terms and/or conditions contradictory to those requested in this solicitation.

BB. MODIFICATIONS: Any changes in terms, conditions, and pricing must be writing, with supporting documentation, upon mutual consent and approval of the School Board, if needed.

III. SPECIAL CONDITIONS These "SPECIAL CONDITIONS" are in addition to or supplement Section II GENERAL TERMS AND CONDITIONS. In the event of a conflict these SPECIAL CONDITIONS shall have precedence.

A. EX PARTE COMMUNICATIONS: Ex parte communication, whether verbal or written, by any potential

Responders or representative of any potential Responders to this solicitation with District personnel involved with or related to this RFP, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Responders’ offer. Ex parte communication (whether verbal or written) by any potential Responders or representative of any potential Responders to this solicitation with District Board members is also prohibited and will result in the disqualification of the Responders.

Any current contractor meetings with District staff and administration, or instructional personnel shall at no time include any conversation regarding the RFP.

B. DOCUMENTATION AND REQUIRED ENCLOSURES: All documents listed below must be returned in their entirety. Failure to return all pages (entire document) or any of the items listed below may result in your proposal not being accepted.

1. The entire RFP document (pages 1 – 45) must be returned. The authorized signature on the first page must be an original or electronic signature. No faxed or email documents will be accepted. All certifications in this solicitation requiring vendor information and/or signature must be completed and the signature must be an original or electronic. In the event that the Responder makes an error on entering any information and enters a correction, the change(s) must be initialed. Any proposal submitted with strike over or white out corrections that are not initialed will be rejected as non-responsive.

2. Return your original proposal and one (1) copy. The copy should be a photocopy of your original proposal and there should be no differences in the RFP document or attached enclosures. Any difference or failure to include RFP attachments in both sets may cause your proposal to be rejected. Please mark copy “COPY.” RFP documents should be printed double-sided with left margin, book-style binding.

3. Product specification sheets or certifications must be attached if requested for an item in the Specifications and Pricing Section and/or if offering alternate items. Sending these sheets with your sample product does not negate the need to attach these as part of your proposal.

4. DRUG FREE WORKPLACE: While it is not required, this form (Attachment A) will be a determining factor in evaluating an award between two (2) offers equal in price, quality, and service.

5. USDA CERTIFICATE REGARDING DEBARMENT, SUSPENSION, INELIGILIBITY AND

VOLUNTARY EXCLUSION: This form (Attachment B) must be signed and returned with the proposal. Failure to return this form will result in your proposal not being accepted.

6. REFERENCE RELEASE: If not currently doing business with the Escambia County School District (ECSD), three (3) commercial clients or other School Districts similar to ECSD must be submitted. Refer to Attachment C - Form Number P-002.

7. USDA CERTIFICATE OF INDEPENDENT PRICE DETERMINATION: This form (Attachment D) must be signed and returned with the proposal. Failure to return this form will result in your proposal not being accepted.

8. NON-COLLUSION AFFIDAVIT: This form (Attachment E) must be signed and returned with the proposal. Failure to return this form will result in your proposal not being accepted.

9. Copy of Responder’s current business license.

10. ESCAMBIA SCHOOL DISTRICT PUBLIC RECORDS ADDENDUM: This form (Attachment F) must be initialed and returned with your proposal. Failure to return this form may result in your proposal not being accepted.

11. VENDOR CERTIFICATE REGARDING SCRUTINIZED COMPANIES LISTS: This form (Attachment G) must be signed and returned with your proposal. Failure to return this form may result in your proposal not being accepted.

12. VENDOR CERTIFICATE REGARDING E-VERIFY: This form (Attachment H) must be signed and returned with your proposal. Failure to return this form may result in your proposal not being accepted.

13. USDA CIVIL RIGHTS STATEMENT: By submitting a proposal, Vendor agrees to comply with this form (Attachment I). It must be returned with your proposal. Failure to return this form may result in your proposal not being accepted.

14. PURCHASES/BUY AMERICAN: By submitting a Bid, Vendor agrees to comply with this form (Attachment J). It must be returned with your Bid. Failure to return this form may result in your Bid not being accepted.

15. CERTIFICATION REGARDING LOBBYING: By submitting a Bid, Vendor agrees to comply with this form (Attachment K). It must be returned with your Bid. Failure to return this form may result in your Bid not being accepted.

16. DISCLOSURE OF LOBBYING ACTIVITIES: By submitting a Bid, Vendor agrees that they have read this form (Attachment L). If it is not applicable, the vendor must indicate by marking N/A on the form and return it with your Bid. Failure to return this form may result in your Bid not being accepted.

17. USDA CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

(GRANTS) ALTERNATIVE I: By submitting a Bid, Vendor agrees to comply with this form (Attachment M). It must be returned with your Bid. Failure to return this form may result in your Bid not being accepted.

18. Responders must comply with all applicable Federal, State, and Local requirements for USDA foods subject to recall. Provide a one (1) page summary of food recall policy and procedures including vendor contact information.

19. PROCESSOR AGREEMENT: If applicable, it should be returned with your proposal. Refer to page 13.

C. JESSICA LUNSFORD ACT: Vendor will comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, by certifying that the vendor and all of its employees who provide services under this contract have completed the background screening required by the referenced statutes and meet the standards established by the statutes. This certification will be provided to the school in advance of the vendor providing any services on campus while students are present. The vendor will bear the cost of acquiring the background screening required by Section 1012.32, F.S., and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to vendor and its employees. The vendor will follow the procedures for obtaining employee background screening as outlined on the Escambia County School District Website:

https://www.escambiaschools.org/Page/830. Vendor will provide school(s) a list of its employees who have completed background screening as required by the referenced statutes and meet the statutory requirements. Vendor will update these lists in the event that any employee listed fails to meet the statutory standards or new employees who have completed the background check and meet standards are added. The parties agree that in the event that vendor fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling school to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Vendor agrees to indemnify and hold harmless school, its officers and employees from any liability in the form of physical injury, death, or property damage resulting from vendor’s failure to comply with the requirements of this paragraph or Sections 1012.32 and 1012.465, Florida Statutes.

D. MINIMUMS: The Responder may include a statement regarding minimum order quantities or value affecting final order processing. The District reserves the right to reject items offered with minimum order quantities.

E. RFP QUANTITIES: Quantities and delivery dates indicated in this RFP are estimates based on prior usage. Actual purchases may vary from item to item and the School District cannot guarantee that items will be purchased exactly as indicated.

F. TERM OF AGREEMENT: The term of this agreement will be for the period beginning July 1, 2024 and ending June 30, 2025. All terms and conditions shall be fixed for the entire term of this agreement. The District reserves the right to adjust or reduce the number of shipments and/or purchase additional quantities at the agreement price at any time during the agreement period.

G. EVALUATION CRITERIA: Evaluation of proposals by the Evaluation Committee (consisting of representatives of the District’s Food Services Department and Procurement Department) will be made to ascertain which proposer best meets the needs of the School District. The School District reserves the right to evaluate by lot, by partial lot, or by item. Award(s) will be made using either or both of the following criteria:

1. Line Item by Low Price: Award for each line item will go to the vendor with the lowest price when the low price is for a product on the approved products list or where an alternate product is offered, was tested and approved by the District upon receipt of sample as detailed in this RFP. The District reserves the right to reject any offer with a minimum shipment requirement; therefore, a low offer with minimum shipment requirements will only receive the award if the minimum shipment quantity is accepted by the District. Products approved prior to posting of RFP are listed in the Specifications and Pricing Section (Section VIII).

2. Award by Product Category: Aggregate low price for all line items in a lot (i.e. all beef products would be one category) will be awarded to one vendor.

3. ‘All American’ and ‘Genuine Florida’ meats or meat products shall be granted preference as allowed by Section 287.082, Florida Statutes.

H. ALTERNATE OFFER: The District shall have sole discretion in accepting or rejecting any alternate product offered.

I. ALTERNATE PRODUCTS: The District pre-approves products prior to proposal evaluation. Offering any product not listed on the approved list at the time of RFP posting is an alternate RFP. Responders may offer an equal equivalent to the items approved. An alternate product will only be accepted if a sample is provided to the District in the time and manner listed in Section I, Introduction, page two of this RFP. If approved, the alternate product offered for that item will be added to the approved product list and will be accepted for potential award on this RFP. Requests should be made to the Procurement Specialist listed on page one and page two of this document.

J. ADDITIONAL FEDERAL REQUIREMENTS: While not provided as separate certifications in this RFP, by signing this proposal, the signatory attests to the applicable certification provisions listed below:

1. Title VI of Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the

Education Amendments, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, 7 C.F.R. Parts 15, 15a and 15b, and FNS Instruction 113-1, Civil Rights Compliance and Enforcement-Nutrition Programs and Activities, and any additions or amendments.

2. The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311–1330, § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. §

1.1 et seq.).

3. Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (2 CFR 200.326 Appendix II (J)

4. Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (2 CFR 200.326 Appendix II (J)

5. Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871).

6. Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5).

7. Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60).

8. Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3).

9. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

10. The vendor is subject to the provisions of Section 2209d of Title 7 of the United States Code due to the use of federal funds for the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved.

11. Right to Inventions Made Under a Contract or Agreement (2 CFR.200.326 Appendix II (F).

12. Procurement of Recovered Materials (§200.322), EPA (40 CFR Part 247).

13. Breach of Contract [2 CFR Appendix II to Part 200(b)].

14. Byrd Anti-Lobbying (2 CFR 200.326 Appendix II (J).

Minority/Disabled Service Veteran Suppliers are encouraged to register with the Florida Department of Management Services Office of Supplier Diversity at: https://osd.dms.myflorida.com

K. BUY AMERICAN ACT: Except in those instances where certain food items are not commercially available from production within the United States, no food items covered by this RFP are to be imported, imported and repacked, or imported and labeled with an American Processor or Distributor's label. Food products should be 100% domestically grown and processed.

L. INSPECTIONS: All products delivered shall conform in all respects to applicable standards promulgated under the Federal Food, Drug and Cosmetic Act, and the Meat Inspection Act and the Poultry Products Inspection in effect at the time of delivery. No product that contains any artificial coloring agent, such as #2 red dye, is to be offered on this RFP. The School District of Escambia County shall be permitted to inspect the processor's inventory of USDA donated commodity products or the School District's bulk or processed meat items that he has on hand at any time.

M. GRADES FOR FOOD: Grades for foodstuffs are based on standards established by the U.S. Department of Agriculture, Agricultural Marketing Service and items supplied must be of grade indicated for the item.

N. IRRADIATION PROCESS: Do not offer any food items preserved by the use of an irradiation process.

O. SPECIFICATIONS: Proposals must be submitted in strict accordance with the specifications contained herein; if vendor is submitting a proposal not conforming to specifications, please indicate this in the pricing section. Complete information and product specifications must be included with the proposal and samples must be provided as described on page two.

P. FEDERAL FOOD, DRUG AND COSMETIC ACT, THE MEAT INSPECTION ACT, AND THE POULTRY

PRODUCTS INSPECTION ACT: All products delivered shall conform in all respects to applicable standards promulgated under the Federal Food, Drug and Cosmetic Act, the Meat Inspection Act, and the Poultry Products Inspection Act in effect at the time of delivery.

Q. INCOMPLETE RFP INFORMATION: Failure to submit complete information on an item may prevent consideration of your proposal for that item.

R. WHOLE GRAIN RICH: Where the term “whole-grain rich” appears in the specifications for any of the products listed in the solicitation, whole-grain rich means the product must contain at least 51% whole grain flour.

S. PROCESSING AND DELIVERY CONDITIONS:

1. All products must be processed in a USDA continuously inspected and approved plant.

2. All products delivered shall have been processed and packed in accordance with good commercial practices. All meat items on this proposal must be inspected and passed by the U.S. Department of Agriculture Meat Inspection Division.

3. If a product that has been approved is found to be unacceptable when used in schools, the School

Board reserves the right to remove the product from our approved list.

4. All cases and cans shall be in good condition at the time of delivery and shall, under proper storage conditions, have a shelf life of twelve (12) months.

5. The supplier guarantees products against swells for a period of eight (8) months after delivery.

6. Unless specifications state otherwise, all cans shall be filled - slack cans are not acceptable.

T. COMMODITY PROCESSING AGREEMENT REQUIREMENT: Responder must be on the State of Florida approved USDA Food Processor list in order to submit a proposal. Proposals will not be accepted, nor will commodity processing orders be placed with any firm not listed on the State of Florida approved USDA Food Processor’s list. Proposals will not be accepted from any third party on behalf of a processor. Proof that you hold an approved processing agreement is required prior to the School District contracting for commodity processing. Award will be made only after the District’s Food Services Department consults the Department of Agriculture and Consumer Services (DACS) Processor Summary/End Product (SEPDS).

U. DELIVERY/FREIGHT CHARGES: DACS requires that all freight charges for pickup and/or delivery be paid by the processor and these charges shall be included in proposed price. Delivery charges on any USDA-donated commodity food item delivered to the processor will be prepaid by USDA OR OTHERS. The processing cost proposed must be the School District’s delivered cost of the finished processed product (freight to our warehouse must be pre-paid by successful vendor). All prices proposed will be compared with the approved DACS Processor End Product Summary prior to award, and all prices proposed higher than the DACS Processor End Product Summary for product should separately identify attendant handling and/or delivery cost in order to determine true cost of processing. Handling and delivery costs, if billed separately, must be noted on the original invoice document.

V. CHILD NUTRITION (CN) LABEL: The School District of Escambia County prefers that the final processed product carry the Child Nutrition (CN) Label if available. Please indicate if this label will be available on our processed products.

W. INTERMINGLING OF INCOMING AND STORED COMMODITY FOODS: There will be no intermingling of incoming and stored USDA donated beef, pork or chicken commodity products with the processor's own product. The School District of Escambia County must be assured of receiving the same USDA commodity ingredients back in the finished product that was delivered to or picked up by the Contractor.

X. SCHOOL DISTRICT INSPECTIONS: The School District of Escambia County shall be permitted to inspect the processor's inventory of USDA donated commodity products or the School District's bulk or processed items that he has on hand at any time.

Y. GROUND BEEF: When beef commodities are to be processed, the School District of Escambia County will expect at least a 97% processed product yield on uncooked pure beef due to normal blood and water extraction while pattying. This does not apply to charbroiled or char-grilled beef patties. For each 100 lbs.

of product released to the Responder, at least ninety-seven (97) lbs. of processed product will be returned to the School District of Escambia County.

1. In the case of USDA commodity ground beef delivered for processing in bulk frozen state, spices will be added as per vendor's normal recipe, then be formed into all meat patties yielding a minimum

2.0 oz. (or as specified in the purchase order) of cooked, lean meat as specified by USDA, flame broiled with sear marks, then Individually Quick Frozen (IQF).

2. In the case of processing fresh ground beef into patties, the School District of Escambia County prefers that patties be scored by a Formax Machine for more even heat distribution in final cooking.

Please indicate if such scoring is available.

Z. GROUND PORK: When pork commodities are to be processed and ground pork is to be processed into patties, only mild seasoning formulation is desired.

AA. CONDITION OF PRODUCT AT TIME OF DELIVERY: Responders shall assure that refrigerated trucks are used to protect products during transport and that these trucks comply with all ServSafe/Haaccp (Hazard Analysis Critical Control Points) regulations. At destinations, all products shall be in compliance with applicable specifications and will be reexamined by the consignee for cleanliness and soundness.

BB. DELIVERY EQUIPMENT (REFRIGERATED AND FROZEN FOOD): The successful Responder(s) and/or his delivering carrier shall utilize properly insulated, mechanically cooled, thermostatically controlled equipment. The proper temperature of 35F to 38F degrees will be maintained for cooler (non-frozen) products and 0 (zero) F degree or below for frozen food items. This shall be evident upon its arrival at the District Warehouse. All frozen food items must arrive in a hard frozen state.

CC. PRODUCT RECEIVED IN CONDITION THAT WOULD RENDER IT UNFIT FOR HUMAN

CONSUMPTION: All products delivered shall have been processed and packed in accordance with good commercial practices. Any food product offered for delivery that has, in the expert opinion of the District Warehouse manager, the Food Services Staff, the local Health Department, the USDA Health Inspector, been for any reason rendered unfit for human consumption shall be refused and returned to the shipper at the shipper’s expense or otherwise disposed of at the direction and expense of said shipper. Any frozen product that has thawed and/or shows signs of thawing and re-freezing would fall in the above category.

DD. FOOD SAFETY AND RECALLS: Ensuring the safety of the food supply is critical to the District.

Manufacturers, Processors, and Distributors shall comply with all federal, state, and local laws and regulations and will be liable if they do not. The Processor shall have a process in place to respond to a product recall to address the following objectives:

• Provide accurate and timely communication to the Food Services Department regarding a food recall.

• Ensure removal of unsafe products from school sites in an expedient, effective, and efficient manner.

• Streamline the process for reimbursement for recalled products.

• Responders must provide with their response contact information: person(s) who is/are responsible for handling food product recalls.

• Responders must provide with their response a brief summary of how food/product recalls will be handled.

IV. COMMODITY EXCHANGE AGREEMENT AND SAMPLE REQUIREMENTS

A. COMMODITY EXCHANGE ITEMS: Responder must be an approved processor with the United States Department of Agriculture to receive certain commodity products. In these instances, the Responder will provide the School District with any necessary documents required by USDA to substantiate delivered quantities of each item and to negotiate with said processors and to pass the savings accruing from the donated products along to the School District.

B. PROCESSOR AGREEMENT: If offering under these conditions, an agreement signed by the processor must be submitted in duplicate as part of this RFP. Attached to the agreement (or submitted separately if an agreement is already in force) shall be a price schedule listing the item, pack, dollar value of the commodity allowance and the net price to the School District.

1. A subsequent price adjustment may be made in accordance with state contract stipulation provided the School District receives thirty (30) days advanced notice and receives a new price schedule as described above.

2. Invoicing of commodity exchange agreement items will be at the fee for service price.

C. REQUIRED SAMPLES: Samples are required under the circumstances listed below.

1. The products offered have not been previously approved or used by the Escambia County School District Food Services Department.

2. The Food Services Department of the Escambia County School District may request samples of products for review that have been approved and purchased previously for the following reasons:

a. School Cafeteria Managers indicate there has been a decrease in product quality.

b. Manufacturing firm or process has changed since product was last tested by Escambia County School District.

c. More than five (5) years has elapsed since product was last tested.

d. The Food Services Department wishes to test for any reason.

V. PRODUCT IDENTIFICATION, PACKAGING, AND LABELING REQUIREMENTS

A. ALTERNATE PACKAGING: Mindful of the variance in the kind and size of container and number of units in a shipping case commercially available, no vendor is prevented from offering on different kinds and sizes of containers and/or number of units in a shipping case.

1. Any alternate packaging offered must be substantially equivalent and listed as an alternate proposal.

2. Changes in packaging and packing offered by the Responder must be clearly indicated in their proposal and will be given consideration to the extent deemed consistent with the best interests of the schools.

B. EXTERIOR LABELING: The net product content will be displayed on the exterior of all shipping containers of all products delivered.

C. LOT IDENTIFICATION: All lots shall bear the correct commercial label that conforms to the brand being offered.

D. BRAND/TRADE NAME: Vendor shall indicate in their proposal the brand or trade name by which the product offered is identified.

E. SHIPPING CONTAINERS OVER 25 POUNDS: Marking of shipping containers packed to more than twenty-five (25) pounds net weight.

1. All marking materials must be flat, water-fast, non-smearing…