8-15. SN Clauses Provisions.pdf

CHEROKEE COUNTY SCHOOL DISTRICT

SCHOOL NUTRITION CLAUSES/PROVISIONS

RFP NAME & NUMBER

1. Clean Air/Clean Water Statement Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Proposer certifies that none of the facilities it uses to produce goods provided under the award are on the Environmental Protection Authority (EPA) List of Violating Facilities. Proposer will immediately notify the Procurement Services Department of the receipt of any communication indicating that any of the proposer’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

2. Equal Employment Opportunity Compliance Statement In accordance with Federal Law and U.S. Department of Agriculture (USDA) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write to the: USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250‐9410 or call toll free (866) 632‐9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877‐8339; or (800) 845‐6136 (Spanish). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326‐W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250‐9410 or call (202) 720‐5964 (voice and TDD).

USDA is an equal opportunity provider and employer.

3. Civil Rights Statement In accordance with Federal Law and USDA policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age and disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326‐W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250‐9410 or call (202) 720‐5964 (voice and TDD). USDA is an equal opportunity provider and employer.

The program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); all provisions required by the implementing regulations of the Department of Agriculture and Department of Justice Enforcement Guidelines, 28 CFR Part 50.3 and 42; directives and guidelines, to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant receives Federal financial assistance; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement.

4. Record Retention and Access Clause When federal funds are involved the proposer shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the School District, throughout the term of the award and for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The proposer shall permit the Auditor of the State of Georgia or any authorized representative of the CCSD, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the proposer relating to orders, invoices or payments or any other documentation or materials pertaining to the award, wherever such records

RFP NAME & NUMBER

may be located during normal business hours. The proposer shall not impose a charge for audit or examination of the proposer’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Cherokee County Board of Education reserves the right to charge the proposer for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

5. Potential Small Businesses, Minority and Women’s Business Enterprises, Labor Surplus Area Firms, and Veteran-Owned Businesses It is the intent of CCSD to provide maximum practicable opportunities in its solicitations to small businesses, minority firms, women’s enterprises, labor surplus area firms, and veteran-owned businesses.

6. Buy American Policy (School Nutrition Program) CCSD may give preferential treatment to proposers providing domestic commodities and products as required by the Federal “Buy American” Policy. The Policy participants in the National School Lunch Program and School Breakfast Program are required to use the nonprofit school nutrition funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S as provided in 7 CFR 210.21 (d). Proposers may be required to provide documentation verifying domestic origin of products as defined in 7 CFR 210.21 (d), if requested.

“Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request. To be considered for an alternative or exception, the request must be submitted in writing to a designated official, a minimum of seven (7) day (s) in advance of delivery. The request must include the:(1) Alternative substitute(s) that are domestic and meet the required specifications: (a) Price of the domestic food alternative substitute(s); and (b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered. (2) Reason for exception: limited/lack of availability or price (include price): (a) Price of the domestic food product;

and (b) Price of the non‐domestic product that meets the required specification of the domestic product.”

7. HUB (Historically Underutilized Business) STATEMENT It is the intent of the Cherokee County School District (CCSD) School Nutrition Department to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises, labor surplus area firms, and veteran-owned businesses. Small businesses, women and minority‐owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., simplified aquisitions, sealed bids, proposals, or noncompetitive procurement (2 CFR 200.321). Positive efforts include:

• Placing qualified small and minority businesses, women's business enterprises, labor surplus area firms, and veteran-owned businesses on solicitation lists;

• Assuring that small and minority businesses, women's business enterprises, labor surplus area firms, and veteran-owned businesses are solicited whenever they are potential sources;

• Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women’s business enterprises, labor surplus area firms, and veteran-owned businesses;

• Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women's business enterprises, labor surplus area firms, and veteran-owned businesses;

• Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

RFP NAME & NUMBER

Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs through (5) of this section.

8. Energy Policy and Conservation Act Statement Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94‐163, 89 Stat.871).

9. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment) The School Nutrition Program expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the bid, the School Nutrition Program may require documentation verifying that a written HACCP plan is followed.

The successful proposer(s) must have Hazard Analysis Critical Control Point (HACCP) plan on file for recall/hold control procedures including but not limited to:

traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

provision of 24/7 accessibility to successful proposer(s) staff in the event of a food/USDA Hold/Recall.

public notification capability on website to provide updates on food/USDA Hold and Recall data for customers.

Proposer(s) shall provide ability to District of conducting a mock recall for product once per year.

Proposer(s) will be responsible for all costs associated with replacement product(s), including but not limited to labor, shipping charges and product credit.

10. Proprietary Information If a proposer submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the proposer shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing proposer asks to have access to the information. In such case, the school district will notify the affected proposer that a challenge has been made. If the affected proposer can produce a court issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released, and the school district shall not be held liable.

11. Food Recalls and Biosecurity (required only for processing bids at this time) 7 CFR 250 Vendor shall be expected to comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA and assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a separate document to be submitted along with bid.

Vendor will provide the food recall contact person and the backup person’s contact information to the school nutrition director or designee by completing the chart below. Food recall procedures can be found in 7 CFR 250.

12. Biosecurity

Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the USDA, Food Safety, and Inspection Service. Vendor will define their biosecurity policy and procedures on a separate document to be submitted along with bid.

13. Contract Work Hours/Safety Standards Act (40 U.S.C. 3701‐3708) (where applicable) All contracts awarded by the non‐Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is ermissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles.

14. Davis Bacon Act (for construction contracts in excess of $2,000) [Appendix II to 2 CFR 200(d)] Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non‐Federal entities must include a provision for compliance with the Davis‐Bacon Act (40 U.S.C. 3141‐3144, and 3146‐3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, vendors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, vendors must be required to pay wages not less than once a week. The non‐ Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non‐Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Vendors and Sub vendors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).The Act provides that each vendor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non‐Federal entity must report all suspected or reported violations to the Federal awarding agency. If applicable only.

15. Rights to Inventions Made Under a Contract or Agreement [Appendix II to 2 CFR 200(f) (if applicable) If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2

(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

16. Procurement of Recovered Materials (2 CFR 200.323) (if applicable) An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.