5 OFFICIAL NEW BID DISTRIBUTOR ATTACHMENTS 25-26.docx (2).pdf

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Attached to
Invitation for Bid: Water & Beverages
Solicitation number
580OCS-SNS004
Issued by
Orange County, North Carolina

About this file

This document is a set of contract attachments for the 2025-2026 Official NCPA (National Cooperative Purchasing Alliance) Distributor Invitation for Bid (IFB). The attachments cover multiple compliance and certification requirements for potential food service distributors, including Brand and Grade Labels Identification (Attachment A), HACCP (Hazard Analysis Critical Control Point) Summary (Attachment B), Evidence of Insurance (Attachment C), NC Lunsford Act Certification regarding background checks (Attachment D), Food Recall Policy/Procedures (Attachment E), GAP (Good Agricultural Practices) Certification for Produce Distributors (Attachment F), HUB (Historically Underutilized Business) Certification (Attachment G), Certification of Contracts and Lobbying (Attachment H), Debarment and Suspension Certification (Attachment I), and a Bid Declination form (Attachment J).

The attachments require distributors to provide detailed documentation about their food safety practices, insurance coverage, criminal background check procedures, produce sourcing, business classifications, and compliance with federal and state regulations. Key requirements include conducting criminal background checks for employees working near schools, maintaining HACCP food safety protocols, providing proof of insurance, sourcing produce from GAP-certified growers, and certifying that the company is not debarred or suspended from government contracts. The documents are designed to ensure that food service distributors meet strict safety, ethical, and operational standards when participating in the NCPA cooperative purchasing program for the 2025-2026 contract period.

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2025-2026 OFFICIAL NCPA DISTRIBUTOR IFB/CONTRACT ATTACHMENTS

ATTACHMENT A

BRAND AND GRADE LABELS IDENTIFICATION – LOT 1 and LOT 1A Bidders Only

Provide sample labels and identify grade definition of applicable Distributor color codes.

ATTACHMENT B

HACCP SUMMARY

Provide a current HACCP (Hazard Analysis Critical Control Point) summary describing company food safety practices.

ATTACHMENT C

EVIDENCE OF INSURANCE

Attach copy, or evidence, of required Property, Liability and Worker’s Compensation Insurance.

Distributor Insurance documents are mailed to the School District Contact Listed in this document.

ATTACHMENT D

NC LUNSFORD ACT N.C. General Statute 14-208.18

The Distributor acknowledges that N.C. General Statute 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly, among other things, being on the premises of any school. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense.

CRIMINAL BACKGROUND CHECKS:

1. The Distributor shall conduct or have conducted within the previous twelve (12) months, a criminal background check (which includes a check of the State Sex Offender and Public Protection Registration Program, the State Sexually

Violent Predator Registration Program, and the National Sex Offender Registry) (collectively, “listed registries”) on each of its employees or agents who, pursuant to this Agreement, engage in any services on the premises of a school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children’s museums, child care centers, nurseries, and playgrounds, prior to any such employee or agent engaging in such services.

a. Distributor shall conduct such criminal background checks no less than once every twelve (12) months thereafter.

b. Distributor shall maintain a log of the date and results of all such criminal background checks and subsequent criminal background checks for those assigned employees and agents.

c. Within 5 days of a request from the school district, Distributor shall provide to the school district the log and results required by subsection b above.

2. Distributor shall not assign any employee or agent to, pursuant to this Agreement, provide services on the premises of a school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children’s museums, child care centers, nurseries, and playgrounds if said worker:

a. appears on any of the listed registries;

b. has been convicted of any crime, whether misdemeanor or felony, involving a minor;

c. has been convicted of any felony involving sex, violence, or drugs; or

d. has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of students or school personnel.

3. Each North Carolina school district reserves the right to prohibit any individual employee or agent of Distributor from providing services on school district property or at any school district events if the school district(s) determines, in its sole discretion, that such employee or agent poses a threat to the safety or well-being of students, school personnel or others.

Signed:

Authorized Signature Printed Name Title

Name of Company City, State, Zip Code

Telephone E-Mail Date

ATTACHMENT E

DISTRIBUTOR’S FOOD RECALL POLICY/PROCEDURES

The U.S. food service industry is the safest in the world, but issues surface from time – to – time requiring fast and effective communication to recall a product that has been deemed unsafe.

Provide a summary, or attach a document, explaining your company policy on addressing Food – Recalls.

Company Name (Type) Signature of Authorized Representative

Print Authorized Representative Name

Date

ATTACHMENT F

PRODUCE – GAP CERTIFICATION – LOT 4 PRODUCE DISTRIBUTORS ONLY

Growers providing produce to packers and s serving school districts under an award of this IFB must have a verified and audited GAP program in place to make sure their produce is free of contamination. The goal of this program is to increase the number of farmers following Good Agricultural Practices (GAP)/ Good Handling Practices (GHP) and using third party audits to verify their food safety program. A list of GAP certified growers, listed by state, is available at the following website:

http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.dotemplate=TemplateD&page=FreshFVGAPGHPStateIndex

Signature Indicates agreement of the Distributor to provide U.S. produce from GAP certified growers.

ATTACHMENT G

HUB CERTIFICATION

Historically Underutilized Business (HUB) Certification

Companies submitting Bids that have been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB) Entities are encouraged to indicate their HUB status when responding to this IFB.

Mark YES or No with an “X” as applicable and sign below.

Yes, I certify that my company has been certified by the North Carolina Department of Administration as Historically Underutilized Business (HUB), and I have attached a copy of our HUB certification to this form.

Required documentation for recognition as a HUB:

Check all that apply:

Minority Small Business Women Owned

No, I certify that my company is does not qualify for HUB status.

ATTACHMENT H

CERTIFICATION OF CONTRACTS, GRANTS, LOANS, COOPERATIVE LOBBYING AND

COOPERATIVE AGREEMENTS

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

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

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

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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

ATTACHMENT I

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS - PRIMARY COVERED TRANSACTIONS

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and

(d) have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or Local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

Instructions for Certification

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out in this document in accordance with these instructions.

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

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

4. The terms "covered transaction," "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," "primary” covered transaction," "principal," "bid," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this bid is submitted for assistance in obtaining copy of the regulations.

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

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

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

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

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

ATTACHMENT J

Thank you for the opportunity, but our company declines to bid for the 2022-2023 contract period.

Distributor Signature Date

Printed Name Title

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