Attachments for Milk Bids.docx

Required Contract Attachments to be Returned with completed packet

Attachment B - Special Conditions

Attachment C - Deviations Compliance Form

Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions

Attachment E - Certifications for Contracts, Grants, Loans, Lobbying and Cooperative Agreements

Attachment F - HUB Statement

Attachment G - HACCP Plan Summary

Attachment H - Evidence of Required Insurance

Attachment I - Lunsford Act Compliance

Attachment J - Recall Policy/Procedures

Attachment K - Iran Divestment Requirement Form

Attachment L - No Bid Response

Attachment A

Assurances regarding Legal and Ethical Matters & Non-Collusion Statement

By signing this proposal, the offeror assures that:

(1) he/she has read and understands all the General Terms and Conditions in this document and agrees to be bound by them, and is authorized to submit proposals on behalf of the offering entity,

(2) the offeror has noted any and all relationships that might be conflicts of interest and included such information with his/her proposal response,

(3) the proposal submitted conforms with all item specification, these General Terms and Conditions, and any other instructions, requirements, or schedules outlined or included in this RFP,

(4) if this proposal is accepted, in whole or in part, the offering entity will furnish any item(s) awarded to them under this RFP to the SFA at the proposed price and in accordance with the item specifications and the terms and conditions contained in this RFP,

(5) the offering entity has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with this proposal,

(6) the offering entity has a high degree of integrity and business ethics, and a satisfactory record of performances, and has not been notified by any local, state or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from participating in this proposal, it would in no other way whatsoever be disqualified to propose or receive any award or contract related to this proposal, and the offeror will comply with any reasonable request from the SFA to supply any information sufficient to substantiate the proposing entity’s ability to meet these minimum standards,

(7) concerning paragraph (6) above, the offering entity has identified and disclosed in this written proposal any and all known suspected matters that would disqualify it from participating in this proposal or receiving any award or contract related to this proposal, recognizing that the offer’s failure to identify and disclose any such matters constitutes its affirmation that no such matters exist, and that failure to disclose in this proposal any such matters which do exist is a material breach of contract which would void the submitted proposal or any resulting contracts, and subject the offeror to removal from all procurement lists and possible criminal prosecution

(8) the offering entity has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals or licensed necessary for lawful performance of its obligations under this contract,

(9) the prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality and/or performance of the products offered in the proposal are and will remain the same or better than those offered to the vendor’s most favored customer under equivalent circumstances,

(10) the offering entity will comply with all laws relating to intellectual property, will not infringe on any third party’s intellectual property rights, and will indemnify, defend and hold the SFA and its members harmless against any claims for infringement of any copyrights, patents, or other infringements related to its activities under this contract,

(11) the offering entity will maintain, at the offering entity’s expense, any insurance necessary to protect the SFA and its members from all claims for bodily injury, death, or property damage that might arise from the performance by the offering entity or the offering entity’s employees or its agents or any service required of the offering entity under this contract; however, the existence of such insurance will not relieve the offering entity of full responsibility and liability for damages, injury, death or loss as described or as otherwise provided for by law,

(12) neither the SFA nor any of its members shall be liable to the offering entity for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) in the event that the SFA declares the offering entity in default,

(13) he/she understands that by signing the proposal with any false statement is a material breach of the contract which will void the submitted proposal or any resulting contract(s), and subject the vendor to removal from all procurement lists, and possible criminal prosecution,

(14) Offerors must comply with the State of North Carolina Conflict of Interest requirement as defined in General Statutes, Chapter 14-234.

Non-collusion Statement

“The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other vendor, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.”

Acceptance of Contract:

We understand that signing the “Proposal Schedule and Contract” enters our company into a formal contract, upon Alamance Burlington Schools approval, for furnishing and delivering those items at the prices indicated on our proposal and subject to all the stated conditions. (Proposal Price Sheet enclosed.)

Attachment B

Special Conditions For Alamance Burlington Schools

Special Conditions (Section 4.0) are circumstances that are required of all bidders.

· Daily deliveries are REQUIRED at ALL school sites. Any exceptions must be approved by the School District School Nutrition Director or designee

· The amount of dairy or other products to be delivered to a particular school within the school system shall be determined by the school’s School Nutrition manager who will inform suppliers, or one or more of its agents, of the amount of dairy or other products required for the particular school on a particular day, it being understood that although these bids cover the requirements of the schools listed on attached for school year as set out above, deliveries to an individual school are based on the particular needs or requirements of that individual school and that amount of dairy or other products delivered by supplier may vary between schools as well as from day to day with regard to any one particular school.

· All dairy or other products are to be kept at proper temperature during delivery.

· Items delivered are to be placed in designated storage areas at each delivery site.

· All dairy or other products covered by this bid should be processed and delivered under the most sanitary conditions. Every precaution should be taken to ensure that milk arrives in containers that are sealed properly. All containers must be clean and delivered in sturdy clean baskets and free from rust, dirt and spillage. Processing plants of supplier must obtain a superior approval rating from the State and local boards of health.

· Damaged or partially filled containers of any product, items or commodity covered by these bids must be replaced by supplier daily.

· Unused milk will be collected by supplier prior to commencement of vacation periods determined by each Board of Education.

· Manager’s hours for accepting deliveries are 6:00 am to 1:00pm. Any exceptions prior to 6:00am or after 1:00pm must have prior approval from the School District Child Nutrition Director or designee.

· Delivery issues with access/time that vendor may unload at a particular site. Listed below are schools in which special delivery times will be needed due to access availability to the loading docks.

Williams High delivery must be made no earlier than 6:00am & no later than 7:00am.

Turrentine Middle delivery must be made no earlier than 6:00am & no later than 7:00am.

Haw River Elementary delivery must be made no earlier than 6:00am & no later than 7:00am.

B Everett Jordan Elementary delivery must be made no earlier than 6:00am & no later than 7:00am.

· Special circumstances that may impede type of truck used for delivery at a site

· Electronic ordering capability requirements of the awarded vendor

· Alamance Burlington Schools reserves the right to purchase on the open market any item not contained within the bid document.

Vendor Agreement/Comments To Special Conditions

Comments:

Attachment C

Alamance Burlington Schools

School Nutrition Services

Deviations/Compliance Form

If the undersigned offeror intends to deviate from the Standard Terms and Conditions or Items Specifications listed in this request for proposal, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The SFA will consider any deviations in its proposal award decisions, and the SFA reserves the right to accept or reject any proposal based upon any deviations indicated below or in any attachments or inclusions.

In the absence of any deviation entry on this form, the offeror assures the SFA of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Request for Proposal.

No Deviations

Deviations as listed

List any deviations your company is submitting below:

Attachment D

RETURN THIS DOCUMENT IN SEALED PROPOSAL PACKET

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 proposal 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/proposal 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 proposal.

Company Name (Please Print)

Signature of Authorized Representative Date

Attachment E

CERTIFICATION REGARDING LOBBYING

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts

Exceeding $100,000 in Federal Funds

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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 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 office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a 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 grant 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 covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

FNS Grant/Cooperative Agreement

Name of Organization

Name/Title of Submitting Official

Signature Date

Attachment F

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:

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

Attachment G

HACCP PLAN SUMMARY

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

Attachment H

EVIDENCE OF INSURANCE

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

Attachment I

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 J

VENDOR’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 and procedures on product Recalls.

Attachment K

NORTH CAROLINA

DEPARTMENT OF STATE TREASURER

STATE AND LOCAL GOVERNMENT FINANCE DIVISION AND THE LOCAL GOVERNMENT COMMISSION

Memorandum # 2016-10

The North Carolina Department of State Treasurer is providing this letter to Local Government Units to explain new contracting and procurement compliance obligations created by the Iran Divestment Act of 2015 (N.C.G.S. 143C-6A-1 to 6A-9).* Local Government Units should be aware that effective February 26, 2016, this law imposes new obligations on each new bid process, each new contract, and each renewal or assignment of an existing contract. The specific requirements are as follows:

1. Local Government Units must obtain a one-page mandatory certification under the Act. (See sample “Contract Certification” form below for details.

2. Local Government Units may not enter into contracts with any entity or individual found on the State Treasurer’s Iran Final Divestment List. This list will be posted on the Department of State Treasurer’s website on February 26, 2016 and will be updated every 180 days. (See “Contract Restrictions” below for details.)

Background The Iran Divestment Act’s requirements applicable to Local Government Units** will become effective on February 26, 2016, at the time the State Treasurer publishes the first list of prohibited companies and individuals (a “Final Divestment List”) under the Act.

* The Iran Divestment Act of 2015 can be found online at:

http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S455v5.pdf ** The Act’s requirements use the term “State agency.” G.S. 143C-6A-3(7) provides that in the act, the term “State agency” includes not only State departments, boards, and commissions, but also “any political subdivision of the State” such as a Local Government Unit.

Final Divestment List

The Department of State Treasurer develops the Final Divestment List using data from a research vendor, U.S. federal sanctions lists, and other credible information available to the public. It consists of any individual or company, including parent entities and majority owned subsidiaries, that::

· Provided goods or services of $20,000,000 or more within any 12-month period in the energy sector of Iran during the preceding five years.

· Extended $20,000,000 or more in credit, under certain circumstances, to another individual or company that will use the credit to provide goods or services in the energy sector in Iran. (G.S. 143C-6A-3(4).)

The Department of State Treasurer will update the Final Divestment List at least every 180 days. The list will be published on the State Treasurer’s website at www.nctreasurer.com/Iran and periodically circulated to Local Government Units.

Requirement 1: Contract Certification

For new procurements and new, renewed, or assigned contracts on or after February 26, 2016, each Local Government Unit must obtain a simple certification from each bidder or vendor. The bidder or vendor must affirm that it is not listed on the State Treasurer’s Final Divestment List found at www.nctreasurer.com/Iran as of the date of signature. The certification is due at the time a bid is submitted or the time a contract is entered into, renewed, or assigned. (G.S. 143C-6A- 5(a).)

We have attached on the next page a short form that can be used for this certification, but Local Government Units are free to instead use their own form or put the required certification in the text of a contract or purchase order. Each Local Government Unit shall maintain its own records demonstrating these certifications.

Requirement 2: Restriction on Contracting Individuals or companies on the Final Divestment List are ineligible to contract or subcontract with Local Government Units. (G.S. 143C-6A-6(a).)

Any existing contracts with these Iran-linked persons will be allowed to expire in accordance with the contract’s terms. (G.S. 143C-6A-6(c).)

Contracts valued at less than $1,000.00 are exempt from this restriction. (G.S. 143C-6A-7(a).) In addition, a Local Government Unit may contract with a listed individual or company if it makes a good-faith determination that (1) the commodities or services are necessary to perform its functions and (2) that, absent such an exemption, it would be unable to obtain those commodities or services. (G.S. 143C-6A-7(c).) Local Government Units shall enter such exemptions into the procurement record.

The Act provides that vendors to Local Government Units may not utilize any subcontractor found on the State Treasurer’s Final Divestment List. (N.C.G.S. 143C-6A-5(b).) It is each vendor’s responsibility to monitor its compliance with this restriction.

Next Steps The Department of State Treasurer anticipates distributing the first Final Divestment List on February 26, 2016. Once the List has been distributed, all Local Government Units should meet the contract certification requirements.

If you have questions about the Department of State Treasurer’s Iran Divestment Policy, please contact Dale Falwell at dale.folwell@nctreasurer.com or 919-814-4289.

Name of Vendor or Bidder

IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 143C-6A-5(a)

As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.

The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement.

Signature Vendor Required Date

Printed Name Title

Notes to persons signing this form:

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

· When a bid is submitted

· When a contract is entered into (if the certification was not already made when the vendor made its bid)

· When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address www.nctreasurer.com/Iran and will be updated every 180 days.

Attachment L

Thank you for the opportunity, but our company declines to bid for the 2021-2022 contract period.

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