Appendix_C_USDA_Funding.pdf

APPENDIX C: USDA FUNDING

1.1 DEFINITIONS

1.1.1 Code of Federal Regulations (CFR). CFR means the codification of the general and permanent rules published in the federal register by the executive departments and agencies of the federal government.

1.1.2 Food and Nutrition Service of the United States Department of Agriculture (FNS). FNS administers the nutrition assistance programs of the USDA. The mission of FNS is to work with partners to provide food and nutrition education to people in need in a way that inspires public confidence and supports American agriculture.

1.1.3 Food Service Management Company (“FSMC” or “Contractor”). FSMC or Contractor means a commercial enterprise or a nonprofit organization that is or may be contracted with or by the SFA to manage any aspect of the school food service. [7 CFR 210.2] Under the Summer Food Service Program an FSMC means any commercial enterprise or nonprofit organization with which a sponsor may contract for preparing unitized meals, with or without milk, for use in the Program, or for managing a sponsor's food service operations in accordance with the limitations set forth in § 225.15. Food service management companies may be (a) Public agencies or entities; (b) private, nonprofit organizations; or (c) private, for-profit companies. [7 CFR 225.2] Under the Child and Adult Care Food Program an FSMC means an organization other than a public or private nonprofit school, with which an institution may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk for use in the Program. [7 CFR 226.2].

1.1.4 Proposal. The “Proposal” is the response submitted by a proposer to an HCPS competitive solicitation.

1.1.5 Proposer. The “Proposer” shall mean a supplier who submits a Proposal in response to an HCPS competitive solicitation for award determination.

1.1.6 School Food Authority (SFA). The SFA (Hillsborough County Public Schools) is the administering unit for the operation of a school feeding program. It receives federal meal reimbursements for meal programs and is responsible for ensuring that meal counts, and eligibility criteria are met.

1.2 STATE OF FLORIDA SCHOOL FOOD AUTHORITY (SFA) REQUIRED LANGUAGE

For any agreement that involves, receives, or utilizes Federal Grants funding, the following terms and conditions shall be considered a part of the agreement and the Contractor accepts and acknowledges that it is and shall remain in compliance with said terms and conditions for the term of the award.

1.2.1 The Jessica Lunsford Act (JLA). JLA Badges (applicable upon award). To comply with §§ 1012.465 and 1012.467, Florida Statutes, (“F.S.”), the “Jessica Lunsford Act,” A Contractor who meets any of the three (3) criteria, below, upon award, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those Contractor employees must have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. HCPS personnel will deny access to all Contractor employees violating this requirement which may be cause for termination of the Agreement. The Bidder may contact the Jessica Lunsford Act office at (813) 840-7178 for more information.

• be at school when students are present, or

• have direct contact with students, or

• have access to or control of school funds. The only applicable exception is the "six-foot fence" rule where the Contractor shall perform work and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high.

1.2.2 Protest. A Proposer who wishes to file a bid protest must file a such notice and follow procedures prescribed by § 120.57(3), F.S., for resolution. For Proposals solicited by Procurement Services, the notice must be filed with the General Manager of Procurement Services (813.272.4374). Any person who files an action protesting a decision or intended decision pertaining to a Proposal pursuant to § 120.57(3)(b), F.S., shall post, at the time of filing the formal written protest, a bond payable to the Board in an amount of $5,000 or three (3%) percent of the estimated value of the contract, whichever is greater, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the School Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall

Appendix C: USDA Funding Page 2 of 9 recover from the Board all costs excluding attorney's fees. Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in § 120.57(3), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

1.3 PROVISIONS FOR HCPS CONTRACTS UNDER FEDERAL AWARDS, REGARDLESS OF CONTRACT VALUE:

1.3.1 Buy American. Per 7 CFR Part 210.21 (D), Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the National School Lunch Act (NSLA) (42 USC 1760(n)), requiring SFAs to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

Products from Guam, American Samoa, the Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

Before supplying any non-domestic products, a successful Proposer must

a. request approval for exceptions to the Buy American Provision by providing the following documentation to the SFA:

b. Written request for consideration on the use of a domestic alternative when competition reveals the cost of domestic is significantly higher than non-domestic food and;

c. Written request for use of non-domestic alternative due to domestic food not being produced or manufactured in sufficient and reasonable quantities.

1.3.2 Energy Policy and Conservation Act. The Proposer agrees to comply with the mandatory standards and policies relating to energy efficiency contained in the state energy conservation plan issued in compliance with the energy policy and conservation act (42 U.S.C. 6201).

1.3.3 Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follows:

• The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

• The Contractor will, in all solicitations or advancements, for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

• The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

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• The Contractor will send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a Record Retention and access requirements to all records The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

• The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

• The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

• In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

• The Contractor will include the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

1.3.4 Debarment and Suspension. The Proposer certifies by submission and signature of this Proposal that the Proposer complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, part 85, as defined at the 34 CFR, part 85, sections 85.105 and 85.110-(ed80-0013).

a. The prospective lower tier ($25,000) participant certifies, by submission of the Proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

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

1.3.5 Funding Agreement (Rights to Inventions). Any discovery or invention that arises during the course of the contract shall be reported to the non-Federal entity. The Contractor 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.

1.3.6 Drug-Free Workplace. The Contractor agrees to comply with the requirements regarding drug-free workplace requirements in Subpart B of 32 CFR part 26, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

1.3.7 Retention Requirements for Records. The Contractor shall retain financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award for a period of three (3) years from the date of submission of the final expenditure report or, for Federal awards that are renewed

Appendix C: USDA Funding Page 4 of 9 quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a sub-recipient.

1.3.8 Discounts, Rebates & Credits. The SFA shall ensure that the Contractor fully discloses all discounts, rebates, applicable credits, allowances, and incentives received by the Contractor. Allowable costs will be paid from the nonprofit school food service account to the Contractor net of all discounts, rebates, and other applicable credits accruing to or received by the Contractor or any assignee under the Contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA.

1.3.9 Hold Harmless and Indemnification: The Contractor agrees to release, discharge, indemnify, defend, and hold harmless HCPS, its employees, and agents for all illness, injury, or damage to persons or property that may arise out of the activities covered under this Agreement, including the transportation, distribution, use, or consumption of food items, irrespective of any negligence on the part of HCPS. Furthermore, the Contractor agrees to defend and fully indemnify HCPS from any and all liability, loss, or damage HCPS or its agents or employees may suffer as a result of claims, demands, costs, penalties, litigation, or judgments against it arising from any and all illness, injury, or damage to any person, persons, or property caused by or resulting from the activities covered under this Agreement, including the transportation, distribution, use or consumption of food items.

1.3.10 Civil Rights: The Contractor shall comply with Title VI of the 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.

The Contractor hereby agrees that it will comply with:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency."

(August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);

viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

ix. Food and Nutrition Service (FNS) 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 the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

x. The USDA non-discrimination statement that: In accordance with Federal civil rights law and U.S.

Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

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1.3.11 Prohibitions of Gratuities: By submission of a Proposal, a Proposer certifies that no employee of SFA has or shall benefit financially or materially from the Proposal or subsequent contract. Any contract issued because of this solicitation may be terminated when it is determined that gratuities of any kind were either offered or received by any of the aforementioned persons.

1.3.12 Scope of Work/Services. The Scope of Work/Services (SOW) is the area in an agreement where the work to be performed is described. The SOW should contain any milestones, reports, deliverables, and end products that are expected to be provided by the performing party. The SOW should also contain a timeline for all deliverables.

1.4 GREATER THAN THE SMALL PURCHASE THRESHOLD

1.4.1 Audit of Records. The Contractor shall make its books and records pertaining to the Contract available, upon demand, in an easily accessible manner for a period of three years after the final claim for reimbursement for the fiscal year to which they pertain. The books and records shall be available for audit, examination, excerpts, and transcriptions by SFA and any state or federal representatives and auditors. If audit findings regarding the Contractor’s records have not been resolved within the three (3) year record retention period, the records must be retained beyond the three (3) year period for as long as required for the resolution of the issues raised by the audit. (Reference 7 CFR §210.9[b][17] and 2 CFR §200.333).

1.5 GREATER THAN $10,000

1.5.1 Termination for Cause and Convenience. HCPS shall have the right to terminate the Agreement, with or without cause, upon written notice of such termination provided not less than thirty (30) days prior to the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. If HCPS elects to terminate this contract without cause, HCPS shall compensate the Contractor for all satisfactory commodities and services provided prior to the date of termination. If HCPS provides notice of termination, the Contractor agrees to abide by and fulfill all covenants and provisions of the Agreement until the date of the termination specified in the written notice of termination. The Contractor shall have no further rights, and HCPS shall have no further obligation to the Contractor, after the date of termination of the Agreement as specified in the written notice. HCPS may discontinue the provision of commodities and services to any HCPS site as it deems necessary, that portion of the ITB shall be void for the said site.

1.6 GREATER THAN $100,000

1.6.1 Contract Work Hours and Safety Standards Act. All contracts in excess of $100,000 that involve the employment of mechanics or laborers require the Contractor’s 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, the Contractor must 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 permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the 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 that are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

1.6.2 Byrd Anti-Lobbying Amendment. The Contractor certifies that it has filed the required certification and that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. The Contractor must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

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BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM

(TO BE SUBMITTED WITH EACH PROPOSAL EXCEEDING $100,000)

The undersigned Contractor certifies to the best of his or her knowledge that:

• 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• 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.

• The undersigned shall require that the language of this certification is included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of the 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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.

The undersigned contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Proposer/Firm Name

Signature of the Proposer’s Authorized Official Date

Print Name and Title of the Proposer’s Authorized Official

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1.7 GREATER THAN $250,000

1.7.1 Clean Air and Water Pollution Acts (42 U.S.C. 7401 et seq.): The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). The Contractor shall report all violations to the Federal awarding agency and the Regional Office of the EPA and notify HCPS concurrently within 30 days of notice of the violation.

1.7.2 Breach of Contract/Administrative, Contractual, or Legal Remedies: The Contractor’s failure to provide the commodities and services within the time specified in this solicitation shall result in the following:

• The SFA shall notify the Contractor of nonperformance in writing within five (5) calendar days via the Vendor Performance Form and provide five (5) calendar days to cure. “Nonperformance” by the contractor is any failure to follow the terms of the contract, whether related to the quality of food provided, the number of meals delivered, the time of meal delivery, or other contract provisions.

• If the Contractor cannot provide the commodities and services, HCPS reserves the right to purchase the product from the next lowest/rated Proposer.

• The defaulting Contractor may be responsible for reimbursing HCPS for the price differences.

1.8 USDA APPROVED CONSTRUCTION CONTRACT OVER $2,000

1.8.1 Davis-Bacon Act. For construction contracts greater Than $2,000, the federal labor standards set forth in the clause below shall apply to the construction work to be performed under the contract. All laborers and mechanics employed by contractors and subcontractors on federally funded construction projects are required to be paid wages not less than the prevailing wages for projects of a similar character in the locality, as determined by the United States Secretary of Labor in accordance with subchapter IV of Chapter 31 of title 40 of the United States Code. Determinations regarding the applicable prevailing wages are contained at the Department of Labor’s official website: https://wdol.gov/.

1.8.2 Copeland Anti-Kickback Act. The Copeland Act’s Anti-Kickback provision prohibits contractors and subcontractors performing work on covered contracts from in any way inducing an employee to give up any part of the compensation to which he or she is entitled. The Copeland Act and implementing regulations also require contractors and subcontractors performing on covered contracts to pay their employees on a weekly basis and in cash or a negotiable instrument payable on demand and to submit weekly payroll reports of the wages paid to their laborers and mechanics during the preceding payroll period. Additionally, the Act’s regulations at 29 CFR §§

3.5 and 3.6 list payroll deductions that are permissible without the approval of DOL and those deductions that require the consent of DOL and prohibit all other payroll deductions.

1.9 ADDITIONAL REQUIREMENTS

1.9.1 Certification of Independent Price Determination “Non-Collusion Statement”). The Proposer certifies that the prices in the Proposal have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition.

1.9.2 Food Specifications. If applicable, all food specifications must meet requirements of the United States Department of Agriculture (“USDA”) Food Buying Guide (“FBG”), 7 CFR Part 210, USDA Guidance Memos, other applicable federal regulations, and the Florida Department of Agriculture and Consumer Services (“FDACS”). If applicable, the food production facility, manufacturing plant, and products must meet all sanitary and other requirements of the Food, Drug, and Cosmetic Act and other regulations that support the wholesomeness of products. Meals and food items must be stored and prepared under properly controlled temperatures and in accordance with all applicable health and sanitation regulations. All USDA-donated commodities offered to the SFA and made available to HCPS are acceptable and should be utilized in as large a quantity as may be efficiently utilized. For all other food components, specifications shall be as follows:

• Bread, Bread Alternates, and Grains. All breads must be from whole-grain or whole-grain-rich flour/meal. All bread and grains must be fresh (or frozen, if applicable) and must meet the minimum weight per serving as https://wdol.gov/

Appendix C: USDA Funding Page 8 of 9 listed in the FBG. If applicable, the product should be in moisture-proof wrapping and the pack code date provided.

• Meat and Poultry. All meat and poultry must have been inspected by USDA and must be free from off-color or odor.

o Beef must be at least 70:30 lean to fat, preferably 80:20 lean to fat.

o Poultry should be U.S. Grade A when applicable and should meet the recommendations outlined in Specifications for Poultry Products, A Guide for Food Service Operators from USDA.

o For Breaded and battered items, all flour must be whole grain or enriched for bread/grains credit, and breading/batter must not exceed 30% of the weight of the finished product.

o For sausage patties, the maximum fat allowed is 50% by weight; the industry standard of 38% to 42% fat is preferred.

o All cured processed meats (bologna, frankfurters, luncheon meat, salami, others) shall be made from beef and/or poultry. No variety of meats, fillers, extenders, non-fat milk solids, or cereal will be allowed. Meats must not show evidence of greening, streaking, or other discoloration.

• Cheese. All cheese should be firm, compact, and free from gas holes; free of mold; free of undesirable flavor and odors; pasteurized when applicable; and preferably reduced or low-fat. All cheese should also have a bright, uniform, and attractive appearance; have a pleasing flavor; demonstrate satisfactory melt ability; and contain proper moisture and salt content.

• Fish. All fish must have been inspected by the United States Department of Commerce (“USDC”) and meet the minimum flesh and batter/breading required for USDC Grade A products or products packed under federal inspection (“PUFI”) by the USDC.

• Fruits. All fresh fruits must be ripe and in good condition when delivered and must be ready for consumption per the USDA FBG. Fruits, at a minimum, must meet the food distributors’ second quality level. Fruits should have characteristic color and good flavor and be well-shaped and free from scars and bruises. Size must produce a yield equal to or greater than the attached 21-day cycle menu requirements.

• Vegetables. All fresh vegetables must be ripe and in good condition when delivered and must be ready for consumption per the USDA FBG. Vegetables, at a minimum, must meet the food distributors’ second quality level. Vegetables should have a characteristic color and good flavor and be well-shaped and free from discoloration, blemishes, and decay. Size must produce a yield equal to or greater than the attached 21-day cycle menu requirements. All canned vegetables must meet the food distributors’ first quality level (extra fancy and fancy) and canned fruits (standard) must meet the second quality level. Vegetables should have characteristic color and good fresh flavor and be free from discoloration, blemishes, and decay.

• Eggs. Eggs must be inspected and passed by the state or federal Department of Agriculture and used within 30 days of the date on the carton. Eggs should be grade “A,” uniform in size, clean, sound-shelled, and free of foreign odors or flavors.

• Sauces. Sauces, such as gravy, spaghetti sauce, pizza sauce, etc., must be smooth and uniform in color with no foreign substance, flavor, odor, or off-color.

• Milk. Fluid milk must be offered in a variety of at least two different fat contents. The selection of milk must be consistent with the types of milk consumed the prior year. The milk must contain vitamins A and D at levels specified by the Food and Drug Administration and must be consistent with State and local standards.

1.9.3 Inspection of Facility. The SFA reserves the right to inspect the Contractor’s preparation and storage facilities, and transporting vehicles prior to the award of the Contract and without notice at any time during each Contract Term, including the right to be present during the preparation and delivery of meals.

1.9.4 Accounting & Invoicing. Per the Florida Prompt Payment Act (§§ 218.70 - 218.80, F.S.). Invoice payment is Net 45 days from the date of delivery or the receipt of a satisfactory invoice, whichever occurs last unless invoices specify payment discounts. All payments due and not made within the time specified by this section bear

Appendix C: USDA Funding Page 9 of 9 interest 30 days after the due date at the rate of one (1%) percent per month on the unpaid balance. The Contractor shall submit an original invoice to:

Accounts Payable Department P.O. Box 3408 Tampa, Florida, 33601-3408 Email: invoices@hcps.net

Per § 287.058(1)(a), F.S.: bills for fees or other compensation for services or expenses must provide enough detail for a proper pre-audit and post-audit thereof. The Contractor acknowledges and understands that submitting late invoices may adversely impact HCPS’ budget. As such, the final invoice for the commodities and services issued under the Agreement must be received by HCPS within 120 days of which the invoiced commodities and services were provided. Any portion of an invoice that represents charges to HCPS after 120 days shall be unenforceable. HCPS reserves the right to deny payment of any invoice not submitted within the timelines described in this paragraph.

“Duplicate” or “Copy” Invoice. All service contracts require a duplicate invoice, identified as a “duplicate” or “copy” to the ordering department or designated project leader.

Any purchase order or contract issued pursuant to an award hereunder, and the monies that may become due are not assigned except with prior written approval by HCPS Procurement Services.

The Contractor, unless under a mutual written contract, shall provide invoices that will include all scheduled services, products purchased, and services completed during the previous 1-month period. The Contractor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of § 68.082, F.S., pertaining to false claims against the State, and § 837.06, F.S., pertaining to false official statements.

1.9.5 Recovered Materials. Per 2 CFR §200.322, the Contractor must comply with § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of § 6002 include procuring only items designated in the 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.

THE BELOW SIGNATURE ACKNOWLEDGES THAT THE PROPOSER HAS READ THE TERMS AND CONDITIONS HEREIN PRIOR TO SUBMITTING A PROPOSAL AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS AND IS SUBMITTING WITHOUT COLLUSION WITH ANY OTHER

INDIVIDUAL OR FIRM.

Bidder’s Name

Authorized Signature Date

Print Name and Title mailto:invoices@hcps.net