251302 Bread_Official.pdf

REQUEST FOR PROPOSAL (RFP) & PROPOSAL ACKNOWLEDGMENT

POSTING DATE:

Tuesday, April 22, 2025

PROCUREMENT CONTACT & TELEPHONE:

Jaiden Shellenberger (850) 469-6210 JShellenberger@ecsdfl.us

RFP TITLE: RFP NUMBER:

Bread for Direct Delivery to School Cafeterias 251302

RFP OPENING DATE & TIME: Friday, May 16, 2025, 1:30 p.m. CST 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 Purchasing 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 Proposals may not be withdrawn for a period of sixty (60) days after the RFP opening unless otherwise specified.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 DISTRICT WEBSITE 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

RFP #251302

mailto:JShellenberger@ecsdfl.us

I. INTRODUCTION

The purpose of this solicitation is to establish an agreement for the direct delivery of bread products to school cafeterias in the Escambia County School District (ECSD). The initial term for the program shall begin, upon School Board approval, on July 1, 2025 through June 30, 2026 with a one (1) year renewal option upon mutual consent of both parties and School Board approval. The one (1) year renewal option shall be in effect for the period of July 1, 2026 through June 30, 2027. All terms, and conditions shall be fixed and in effect for the entire term(s) of this agreement. The District does not pay fuel adjustment charges. The quantities listed herein are the best estimate of the District based on prior and projected usage. The District will make every attempt to adhere as closely as possible to the estimated quantities. However, the District reserves the right to reduce or increase the number of shipments and/or purchase additional quantities at the agreement price at any time during the agreement period.

CALENDAR OF EVENTS

RFP Posting Date Tuesday, April 22, 2025

Deadline for Questions (See Page 2, Section I.) Friday, April 25, 2025, 4:00 PM CST

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

Wednesday, April 30, 2025

RFP Opening (See Page 1)

Friday, May 16, 2025

RFP Evaluation Friday, May 23, 2025

School Board Approval Tuesday, June 17, 2025

Agreement Start Date Friday, July 1, 2025

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 conduct a sample student taste test by Monday, May 5, 2025, 12:00 PM, CST. Failure to send a full case quantity sample size in its original packaging and the required documentation when offering an alternate product will result in your proposal being determined “non-responsive” for that item. Unmarked boxes or bags containing loose samples are not acceptable. Samples should be clearly labeled “SAMPLE FOR RFP NUMBER #251302”. 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 Friday, April 25, 2025, 4:00 p.m. CST. 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.

http://www.escambiaschools.org/Page/1048

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 Wednesday, April 30, 2025. The direct link to the RFP Activity Section of the District website is listed below:

https://www.escambiaschools.org/Page/1048

All inquiries should be sent to:

Jaiden Shellenberger, Procurement Specialist Procurement Department Escambia County School District 75 N. Pace Blvd.

Pensacola, FL 32505 Email: Jshellenberger@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 terms "Contractor, Respondent, 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.

RFP #251302

http://www.escambiaschools.org/Page/1048 mailto:Jshellenberger@ecsdfl.us

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.

RFP #251302

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 Bidder 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. The parties agree that jurisdiction for the resolution of any legal issues arising out of this Agreement shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum.

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 response 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 RFPs 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 proposal, 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 anytime, 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 RFP 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 ECSD 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. DOCUMENTATION FOR MEAL PATTERN REQUIREMENTS: All Proposals will include documentation for child nutrition meal pattern requirements. These include any or all of the following:

Child Nutrition (CN) Statement, product specifications detailing the nutrition content, and Product Formulation Statement. The submission of these documents pertains to all bids, including those that already appear as an approved brand.

V. 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 RFP will be:

administrative costs incurred by the School District in association with the discharge of any subsequent award, alternative payment terms, and 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.

W. 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 Acknowledgment. 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 RFPs. 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

RFP.

X. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST: RFP tabulation 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/procurement. Failure to file a protest within the time prescribed in Section 120.57(3), Florida State Statutes or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida State Statutes. RFP tabulations, recommendations or notices will not be automatically mailed.

Y. CONTACT: All questions for additional information regarding this RFP must be directed to the designated

Procurement Specialist noted on page one. Prospective Responder’s 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.

Z. 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.

AA. 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.

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

http://www.escambiaschools.org/ http://www.escambiaschools.org/procurement https://www.escambiaschools.org/procurement https://www.escambiaschools.org/procurement

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. DOCUMENTATION AND REQUIRED ENCLOSURES: All documents listed below must be returned in their entirety. Failure to return all pages 1- 47 (entire document) or any of the items listed below may result in your RFP not being accepted.

1. The entire RFP document (pages 1 - 47) must be returned when offering. The authorized signature on the first page must be an original or electronic signature. No faxed or emailed documents will be accepted. In the event that the Responder makes an error on entering any information and enters a correction, the Responder must initial the change(s). Any proposal submitted with strike over or white out corrections that are not initialed will be rejected as a non-responsive RFP.

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

3. Copy of Responder’s current business license.

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

5. DEPARTMENT OF AGRICULTURE, CERTIFICATION REGARDING

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

6. REFERENCE RELEASE FORM (NO. P-002): 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.

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

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

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

11. 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.

12. RESPONDER’S VALUE-ADDED SERVICE PROPOSAL. This should include, but not limited to, information for customer service regarding turnaround time, ordering errors, making materials, and display racks, if applicable.

13. RESPONDER’S RECALL POLICY: A one-page summary of each Responder’s recall policy and procedures with vendor contact information.

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

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

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

17. DISCLOSURE OF LOBBYING ACTIVITIES: By submitting a Proposal, Vendor agrees to comply with this form (Attachment L). It must be returned with your response. Failure to return this may result in your Proposal not being accepted.

18. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)

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

19. AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES: By submitting a Bid, Vendor agrees to comply with this form (Attachment N). It must be returned with your Bid. Failure to return this form may result in your Bid not being accepted.

B. 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/procurement. Vendor will provide the District 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.

http://www.escambiaschools.org/procurement http://www.escambiaschools.org/procurement

C. DEFAULT: The awarded Responder shall inform the School Food Services Department of any problems or delays in providing the awarded item(s) as required. The District shall consider excessive product cost, repetitive non-deliveries, late deliveries, and/or deliveries of products which are either out of condition or not meeting specifications, to be in default of the contract, and my result in termination of the contract.

D. 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.

E. DELIVERY EQUIPMENT (REFRIGERATED AND FROZEN FOOD): If applicable, the successful vendor and/or his delivering carrier shall utilize properly insulated, mechanically cooled, thermostatically controlled equipment. The proper temperature of 35 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 school cafeterias. All frozen food items must arrive in a hard-frozen state.

F. 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 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 RFP.

2. Changes in packaging and packing offered by the proposer must be clearly indicated in their

RFP and will be given consideration to the extent deemed consistent with the best interests of the District.

G. BRAND/PACKER IDENTIFICATION: In the event of an award, deliveries must be identified by the brand or trade name of the packer as submitted by the vendor in the RFP document unless otherwise specifically approved and authorized.

H. DISTRICT TASTE TEST: A diverse group of students representing the entire student population at one or more schools will be used to test new food products. Regarding their participation in the taste test, the group of students will be informed of the importance of their decisions in the District menu development. Approval is based on verbal student feedback. In some instances, new products are tested on the reimbursable meal line.

I. DESIGNATED CONTACT: Awarded Responder(s) shall appoint a person to act as a primary contact for the School Food Services Office. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms and conditions of this agreement.

J. BUY AMERICAN ACT PROVISION: As a participating sponsor of the USDA’s National School Lunch and School Breakfast Programs, the School District of Escambia County, Florida and School Food Services Department must adhere to the “Buy American” 7 CFR Part 210.21(d) provision of the Child Nutrition Reauthorization Act. The provision requires school districts to purchase, to the maximum extent practicable, domestic food products that are produced in the United States. The Legislature defines “domestic commodity or products” as one that is produced in the United States and is processed in the United States substantially using agriculture commodities that are produced in the United States.

Substantially means that a minimum of 51% of the final processed food comes from American produced products. Therefore, other than items normally not commercially produced in the United States, all food products should be 100% domestically grown and processed.

K. INCOMPLETE RFP INFORMATION: Failure to submit a completed proposal on an item prevents any consideration of your proposal on that item. We must have minimum drain weight (MDW) and/or yield when requested.

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

M. MINIMUMS: The Responder may include a statement regarding minimum order quantities or value affecting final order processing. However, required minimum quantities will be considered in the award evaluation.

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

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

P. TERM OF AGREEMENT: The term of this agreement will be for the period beginning July 1, 2025 through

August 31, 2026 upon mutual consent of both parties and School Board approval, and the two, one (1) year renewal option periods upon mutual consent of both parties and School Board approval.

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

Responders or representative of any potential Responders to this proposal with District personnel involved with or related to this proposal, other than as expressly designated in this document, is strictly prohibited.

Violation of this restriction may result in the rejection/disqualification of the Responder’s offer.

R. ADDITIONAL FEDERAL REQUIREMENTS: While not provided as separate certifications in this proposal, 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 (Appendix A: 7 C.F.R. Part 3018).

4. Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018).

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. Rights to Inventions Made Under a Contract or Agreement (37 CFR 401.2).

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)].

For Small, Minority/Disabled Service Veteran and Women-owned businesses, this solicitation is also posted with the FL State OSD (Office of Supplier Development). We encourage all suppliers to register with the Florida Department of Management Services Office of Supplier Development at: https://osd.dms.myflorida.com

S. INDEMNIFICATION: The School Board of Escambia County, Florida agrees to indemnify the awarded

Responder(s) to the extent and only to the extent of the limits set forth in 768.28(5), Fla. Stat. and then only for the negligent or wrongful act or omission of any officer or employee acting within the scope of the officer’s/employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant. Further, except as specifically provided herein, the School Board does not waive any defense of sovereign immunity. It is further understood and agreed by the parties to this agreement that no officer or employee may be held personally liable except as provided by 768.28(9), Florida Statute.

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

U. ALTERNATE PRODUCTS: The District pre-approves products prior to RFP evaluation. Proposing any product not listed on the approved list at the time of RFP posting is an alternate RFP. Responders may propose an equal or equivalent to the item(s) approved. An alternate product will only be considered if a sample is provided to the District in the time and manner listed in Section I, Introduction, page two (2) of this RFP. If approved, the alternate product proposal for that item will be added to the approved product list and will be accepted for potential award on the RFP. Request should be made to the Procurement Specialist listed on page one (1) and page two (2) of this RFP document.

IV. ORDER PLACEMENT AND DELIVERY PROCEDURES

A. ORDERING PROCEDURES: Ordering and deliveries will occur once a week.

B. DELIVERY: Delivery of all products to the individual schools will be on a scheduled basis for each school year. At minimum, one (1) delivery per week shall be made if requested by the cafeteria manager. The exact time and place of delivery for each school cafeteria shall be determined on an individual basis with deliveries usually from 6:15 a.m. to 10:00 a.m. Responder will be responsible for the freshness of all products when delivered and date stamped cartons will be utilized to further validate freshness. The Responder must coordinate changes to the delivery schedule with the cafeteria manager. The Responder shall have access to the ECSD campuses from Monday through Friday, except school holidays, partial or unscheduled closing days. When school holidays fall on a scheduled delivery day, deliveries shall be made on the next school day or the prior school day. This shall not preclude the Responder or the cafeteria manager from making adjustment requests as needed for the convenience

RFP #251302

https://osd.dms.myflorida.com/ https://osd.dms.myflorida.com/ https://osd.dms.myflorida.com/ of either party upon mutual consent. Under no circumstances is the product to be left unattended on a loading dock. All product must be delivered during a time when the cafeteria staff is present.

This also excludes leaving product with custodial, security staff, or any other non-cafeteria school staff.

C. PRODUCT QUALITY: If product is not delivered at the proper temperature, the Responder is required to redeliver the product the same day or early in the morning of the next school day based on the school’s needs. If applicable, refrigerated and frozen ala carte items will be maintained at the proper temperature of 35F to 38F degrees for cooler (non-frozen) products and 0 (zero) F degree or below for frozen products. This shall be evident upon its arrival at the school cafeterias. All frozen food items must arrive in a hard-frozen state. The Responder shall comply with these mandatory quality specifications. In the event any of the items listed in this RFP are not available domestically, the Responder shall submit complete information including product origin with your

RFP.

D. PRODUCT AVAILABILITY: If, for any reason item(s) ordered by a cafeteria cannot be delivered when requested, because of unavailability, the appropriate cafeteria manager should be notified at least one (1) day prior to scheduled delivery date and vendor should offer substitution options. All District cafeterias will have up to two (2) days prior to delivery to add and/or cancel items.

E. REJECTION PROCEDURES: The School District and Cafeteria staff have the right to reject any product that does not meet the proper standards as detailed in this proposal. Failure by the cafeteria staff to promptly inspect or accept supplies shall not relieve the vendor from responsibility, nor impose liability on the customer for nonconforming products.

F. VENDOR PERFORMANCE: Vendor must maintain an acceptable level of performance throughout the term of the contract and is required to provide food products in compliance with current ECSD standards. Supplies transported in vehicles that are not sanitary and equipped to maintain prescribed temperatures may be rejected. The District reserves the right to inspect vendor vehicles and all operating plants and facilities. Whether the product meets current ECSD standards will be determined by the Food Services Office.

G. ACT OF GOD: Vendor shall have a plan for distribution of unused product in the event of an “Act of God,” such as hurricane, etc., where the vendor would be expected to move as much ordered product as possible to its other customers in the event a school should have to be closed without notice. In the event the vendor’s facilities are affected by an Act of God (i.e. hurricane, etc.) and the vendor cannot deliver when scheduled, vendor should notify the School Food Services Office at their first opportunity so the District can make other arrangements for the affected period.

H. QUALITY CONTROL/RECALL: Quality Control Reports are an internal tool used by school cafeteria managers to communicate to the School Food Services Office regarding service, quality of product, contamination, and so forth. Quality Control Reports addressing contamination or any other urgent issues must be responded to immediately by the vendor, in writing. All other quality control reports will be forwarded to the vendor and the vendor must respond, in writing, within seven

(7) calendar days of notification.

I. FOOD SAFETY AND RECALLS: The safety of the food supply is critical to ECSD. Manufacturers, distributors, and importers are expected to comply with all federal, state and local laws and regulations and are liable if they do not. Recalls are an effective method of removing or correcting consumer products that are in violation of laws administered by the Food and Drug Administration. The potential Responder shall have a process in place to effectively respond to a food recall which should include the following objectives:

1. Provide accurate and timely communication to ECSD regarding a food recall.

2. Ensure that unsafe products are removed from school sites in an expedient, effective and efficient manner.

3. Streamline the process for reimbursement for recalled product.

4. A one-page summary of each Responder’s recall policy and procedures are to be submitted with this RFP.

II. CONDITION OF PRODUCT AT TIME OF DELIVERY: All products will be carefully handled and promptly delivered to conform to accepted industry standards. All products must meet all Federal, State, and Local standards for production, contents, purity and general quality, and must be of fresh quality.

III.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 Cafeteria Manager, the Food Services Director, the local health department, and/or staff or U.S.D.A. Health Inspector, been for any reason rendered unfit for human consumption, will be refused and returned to the shipper at the shipper’s expense or otherwise disposed of at the direction and expense of the shipper.

IV. DELIVERY ACCURACY AND PRODUCT QUALITY: Awarded Responder is expected to make deliveries with a minimum of errors. Unapproved deliveries made outside established delivery time frames shall not be tolerated and is considered to be reason for termination as an approved vendor.

V. ITEM SUBSTITUTION: Each item that is delivered must meet the minimum product specifications and be the price and pack size that is quoted on the weekly pre-approved price list. Changes in pack size due to availability shall be allowed. These changes are to be approved prior to delivery. If the awarded vendor is temporarily out-of-stock of a particular item, they must deliver an equal or superior product at an equal or lower price, with prior approval, from the School Food Services Office. All outages and substitutions must be submitted to the School Food Services Department within twenty-four (24) hours prior to delivery. Excessive occurrences of out-of-stock items may be cause for contract cancellation.

V. INVOICES, STATEMENTS AND PAYMENTS. Invoices for the purchase of food and nonfood supplies made for schools are to be paid by the Food Services Central Accounting Office. In order to facilitate the handling of these invoices, all vendors must adhere to the following instructions:

VI. DELIVERY DATES/PERIOD: Each invoice shall indicate the delivery dates.

VII. ITEM DESCRIPTIONS: All items on delivery tickets must be billed according to the descriptions of item quoted on the RFP. Unit prices for items shall be recorded in the unit of measure presented in the RFP. All invoices shall be accurately extended.

C. DELIVERY TICKETS/INVOICES/CREDIT MEMOS: All invoices and credit memos must be submitted in triplicate; and all three (3) copies must be signed by the cafeteria manager or their authorized representative. The three (3) copies will be distributed as follows and contain the following information:

1. Two (2) copies left with manager at the time of delivery.

2. One (1) copy returned to vendor.

3. The cafeteria cost center numbers must appear on all invoices.

4. If for any reason, it is necessary to make a change…