COJC CACFP IFB 3 7-31-25 lbi.pdf

NOTICE TO VENDORS

To all interested parties, please be advised that the City of Jersey City, a municipal corporation of the State of New Jersey, will be accepting sealed proposals in response to this request for the following services:

CHILD AND ADULT CARE FOOD PROGRAM - 2025

The City of Jersey City – Department of Health & Human Services, an approved sponsor in the State of New Jersey invites the submission of sealed bids for pre-packaged breakfast, lunch and PM snacks meals meeting program requirements as described in the bid specifications and contract. Bids containing dual prices for one meal type that are tied to a sponsor’s ultimate level of meal service will be rejected. The breakfast meals are to be served to 53 children, the lunch meals are to be served to 53 children, and the PM snack meals are to be served to 176 children in the Child and Adult Care Food Program, ages 6 months- 13 years old, Monday through Friday. Meals must meet the requirements mandated by the New Jersey Department of Agriculture Child and Adult Care Food Program and begin September 15, 2025. Delivery is to be as per bid specifications and contract. Specifications may be obtained as of Friday, August 1, 2025 through www.bidnetdirect.com.

Sealed bid proposals, along with a sample breakfast, lunch and PM snack, clearly labeled, packaged, and sealed properly must be received, opened and read in public by the Purchasing Agent at 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302 no later than 11:00 a.m. on August 19, 2025.

Proposals will be received and opened by the Purchasing Agent at 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302.

Contract Documents, Specifications, and RFP Forms may be downloaded by going on-line to https://www.bidnetdirect.com/new-jersey/cityofjerseycity

Prospective bidders must download bid specifications and all addenda from https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Failure to download bid specifications and acknowledge receipt of addenda shall result in RFP rejection.

Questions by prospective bidders concerning this RFP must be done on-line at https://www.bidnetdirect.com/new-jersey/cityofjerseycity.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.

17:27. Full requirements of the Equal Employment Opportunity and Affirmative Action Programs are incorporated herein by reference and may be obtained with Proposal Form. Bidders are also required to comply with the requirements of P.L. 2004, c.57 (N.J.S.A. 52:32-44) which includes the requirement that contractors provide copies of their Business Registration Certificates issued http://www.bidnetdirect.com/ https://www.bidnetdirect.com/new-jersey/cityofjerseycity by the New Jersey Department of the Treasury, as well as other provisions as listed in the Contract Documents.

PROPOSALS MUST BE ACCOMPANIED BY A BID BOND OR CERTIFIED CHECK, MADE PAYABLE TO

THE CITY OF JERSEY CITY, IN AN AMOUNT EQUAL TO TEN (10%) PERCENT OF THE BID NOT TO

EXCEED $20,000.00.

ONLINE BID RECEPTIONS/PURCHASING LOCKBOX

All bids and proposals must be delivered ONLY to the dedicated lockbox in the Division Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, NJ 07302 prior to the bid reception.

All bid receptions are held virtually as video conferences with public access. Link to the online bid receptions appear on the City of Jersey City website at:

https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings

Bids may be sent by U.S. certified mail return receipt requested, or may be sent by private courier service to the dedicated lock box located at the City Hall, Division of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302. ATTENTION: Raquel Tosado, Purchasing Agent, QPA.

Proposals forwarded by e-mail will not be accepted. Bids sent by mail or courier service must be received by the Purchasing Agent no later than 4:00 P.M. on the last City business day before the day of the bid reception or no later than 11:00 A.M. on the day of the bid reception. Office hours Monday through Friday from 9:00 am to 4:00pm. The City shall not be responsible for the loss, non-delivery or physical condition of bids sent by mail or courier service. Bids must be submitted individually in a sealed envelope addressed to the Purchasing Agent. Bid proposals must comply with specifications. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder.

The Purchasing Agent reserves the right to reject any and all bids received, or portions thereof, if deemed to be in the best interest of the City to do so.

Raquel Tosado, Purchasing Agent, Director

Insert dates:

August 1 and 4, 2025 https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings agminsl Pencil

NOTE: By submission of this bid, the bidder certifies that, in the event he received an award under this solicitation, he shall operate in accordance with all applicable, current CACFP program regulations. Revised 1/18/2023/SM

SECTION A

NEW JERSEY CHILD AND ADULT CARE FOOD PROGRAM

INVITATION FOR BID AND STANDARD CONTRACT

Issued by (Institution):

Bid Number: __________ Page 1 of 26

Name: ____________________________ Bid Issue Date: __________ Bid Opening:

Address: __________________________ Date: ______________

City, State, Zip: _____________________ Time: ______________

Telephone Number: __________________ Location: _____________________

Email: ____________________________ Address: ______________________

Contract Commencement Date: __________________ Total Estimated Amount of Bid $_____________________ (To be insured by the bidder)

Contract Expiration Date: __________________ (Contract duration cannot exceed one (1) year)

Name of Vendor ____________________________ ___________________________________________ Signature of Bidder Representative (in ink) Street Address ______________________________

City, State, Zip _____________________________ ___________________________________________ Print or Type Name of Bidder Representative Telephone Number __________________________ Email: ____________________________________ Title Date

This document contains an invitation to bid for the furnishing of meals (unitized if applicable) to be served to enrolled participants in the Child and Adult Care Food Program established by the United States Department of Agriculture (7 CFR Part 226) and sets forth the terms and conditions applicable to the proposed document. Upon acceptance, this document shall constitute the contract between the bidder and the Sponsor named above.

ACCEPTANCE

Contract Number _______________________ _________________________________________________ Name of Institution

Date _________________________________ _________________________________________________ Signature of Institution Representative

Title

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions not contained in the original contract, request for proposal, bid and/or addendum.”

TABLE OF CONTENTS

Page

A. IFB Contract Fact Sheet.………………………………………………………… 1

Assurance Statement…………………………………………………………….. 3

Certificate Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion/Lower Tier Covered Transactions…………………… 4

B. Certification of Independent Price Determination………………………………. 6

C. Instructions to Bidders…………………………………………………………… 7

D. Scope of Services………………………………………………………………… 9

E. Unit Price Schedule and Instructions……………………………………………. 9

F. Requirements Contract…………………………………………………………... 10

G. General Conditions……………………………………………………………….. 13

H. General Provisions………………………………………………………………. 16

I. Sponsor \ Vendor Certification………………………………………………….. 21

Schedule A: Program Sites………………………………………………………... 22

Schedule B: USDA Required Meal Patterns (Adult, Children, and Infant)……… 23

Schedule B1: Menu Cycle………………………………………………………….. 24

Meal Pattern Requirements………………………………………….. 25

Schedule C: Unit Price Schedule…………………………………………………. 26

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

ASSURANCE STATEMENT

The Program applicant (Institution) hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), DOJ (28) CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the Program applicant received Federal financial assistance from USDA; and hereby gives assurance that it will immediately take any measures necessary to fulfill this agreement.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the Program applicant agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Program applicant, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

CERTIFICATE REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 4722-4733). Copies of the regulation may be obtained by contacting the USDA agency with which the transaction originated.

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out below 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 in to. 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 which this proposal is submitted if at any time the prospective lower tier participant learns that is 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,” “proposal,” 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 proposal is submitted for assistance in obtaining a copy of those 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 voluntary 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 title “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 is not debarred, suspended, ineligible or voluntarily excluded

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions 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.

Certification

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal department or agency.

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

Organization Name (Bidder)

Name and Title of Authorized Representative (Bidder)

Signature of Authorized Representative (Bidder) Date Signed

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

SECTION B – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

1. By submission of this bid, the bidder certifies and in the case of a joint bid, each party thereto certifies as to its own organizations, that in connection with this procurement:

A. The prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly to any other bidder or to any competitor;

C. No attempt has been made or will be made by the bidder to induce any person or firm to submit or not to submit, a bid for the purpose of restricting competition.

2. Each person signing this bid certifies that:

A. He/she is the person in the contractor’s organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, will not participate, in any action contrary to (1)(A) through (1)(C) above; or

B. He/she is not the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (1)(A) through (1)(C) above;

or

C. Each person signing this bid agrees that no organizational conflict of interest exists;

and as their agent does herby so certify he/she has not participated, and will not participate, in any action contrary to (1)(A) through (1)(C) above.

Signature of Representative of Food Service Management Company/School/Vendor

Title of Representative

Date Signed

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

SECTION C – INSTRUCTIONS TO BIDDERS

1. Definitions

As used herein:

A. The term “bid” means an offer to perform the work described in the Invitation for Bid at the fixed unit price specified in accordance with the terms and conditions of the solicitation.

B. The term “bidder” means a food service management company submitting a bid in response to this Invitation for Bid.

C. The term “contractor” means a successful bidder who is awarded a contract by a Sponsor under the Child and Adult Care Food Program under the United States Department of Agriculture.

D. The term “food service management company” means an organization, other than a public or private nonpublic school, with which a Sponsor may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk, for use in the program.

E. The term “Invitation for Bid,” hereafter referred to as IFB, means the document soliciting bids though the formal advertising method of procurement. In the case of this program, the IFB becomes the contract upon acceptance by the Sponsor.

F. The term “Sponsor” means the Child and Adult Care Food Program institution which issues this IFB.

G. The term “unitized meal” means an individual pre-portioned meal consisting of a combination of foods meeting the complete meal pattern requirements, prepared, delivered and served as a unit, with or without milk.

H. Other terms shall have the meanings ascribed to them in the Child and Adult Care Food Program regulations.

2. Submission of Bids

A. Bidders are expected to carefully examine the specifications, schedules, attachments, terms and conditions of this IFB. Failure to do so shall be at the bidder’s risk.

B. Bids shall be executed and submitted in triplicate. If accepted, this IFB will become the contract and one copy of the contract will be forwarded to the successful bidder with the notice of award.

C. A copy of a current state or local health certificate for the food preparation facilities shall be submitted with the bid.

D. Failure to comply with any of the above shall be reason for rejection of the bid.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

3. Explanation to Bidders

A. Any explanation desired by a bidder regarding the meaning or interpretation of the IFB specifications, etc., must be requested in writing prior to bid opening and with sufficient time allowed for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract shall not be binding. Any information given to a prospective bidder concerning an IFB shall be furnished to all prospective bidders as an amendment to the IFB if such information is necessary to bidders as an amendment to the IFB or if the lack of such information would be prejudicial to uninformed bidders.

4. Acknowledgement of Amendments to IFBs

A. Receipt of an amendment to an IFB by a bidder must be acknowledged by signing and returning the amendment. Such acknowledgement must be received prior to the hour and date specified for bid opening.

5. Bidders Having Interest in More than One Bid

A. If more than one bid is submitted by any one person, by or in the name of a clerk, partner, or other person, all such bids shall be rejected.

6. Time for Receiving Bids

A. Sealed bids shall be deposited at the address specified on the IFB of the Sponsor no later than the exact time and date indicated on the fact of this IFB. Bids received prior to the time of opening will be securely kept, unopened.

7. Errors in Bids

A. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specification before the submitting bids; failure to do so shall be at the bidder’s own risk and he cannot secure relief on the plea of error.

8. Award of Contract

A. The contract will be awarded to that responsive and responsible bidder whose bid will be most advantageous to the Sponsor, price and other factors considered. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance and financial and technical resource.

B. The Sponsor reserves the right to reject any or all bids when there are sound documented business reasons in the best interest of the program and to waive informalities and minor irregularities in bids received.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

C. The Sponsor reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or the bid of a bidder who, investigation shows, is not in a position to perform the contract.

9. Late Bids, Modification of Bids or Withdrawals of Bids

A. Any bid received after the exact time specified for receipt will not be considered.

B. Any modification or withdrawal of bid is subject to the same conditions as in (a) above.

SECTION D – SCOPE OF SERVICES

1. Contractor agrees to prepare meals (unitized if applicable) *__________ of milk to locations set out in Schedule A, attached hereto, and made a part hereof, subject to the terms and conditions of this solicitation.

2. All meals furnished must meet or exceed United States Department of Agriculture requirements set out in Schedule B, attached hereto and made a part hereof.

3. Contractor shall furnish meals as ordered by the Sponsor during the period of **____________ to **____________. Meals shall be served ***_______ days a week.

* Insert “inclusive” or “exclusive” as applicable.

** Sponsor shall insert contract commencement date and expiration date.

*** Sponsor shall insert appropriate number of serving days.

SECTION E – UNIT PRICE SCHEDULE AND INSTRUCTIONS

1. Bidders are asked to submit prices on the following meal types meeting the contract specifications set forth in Schedule C for meals to be prepared for all of the programs and/or homes stated in Schedule A. FOR EXAMPLE:

A.

MEAL

TYPE

B.

ESTIMATED

SERVINGS

PER DAY

C.

ESTIMATED

NUMBER OF

SERVING DAYS

D.

UNIT PRICE

E.

TOTAL PRICE

Breakfast 20 X 180 X $ 0.50 = $ 1,800 + AM Supplement X X $ = $ + Lunch X X $ = $ + PM Supplement X X $ = $ + Supper (Unitized Meal) 50 X 180 X $ 1.00 = $ 9,000 +

TOTAL BID = $ 10,800 =

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

A. Sponsor shall indicate which meal types the contractor will be providing meals for during the contract period. If unitized meals will be required, the institution must indicate so by placing “unitized meal” in parenthesis after the meal type.

B. Sponsor shall fill in the estimated number of meals that will be served each day by meal type during the contract period.

C. Sponsor shall fill in the number of anticipated operating days that meals will be served during the contract period.

D. The Contractor or food service management company shall insert the appropriate unit price for each meal type as indicated by the institution.

E. Institution shall calculate total price by multiplying B x C x D.

NOTE: In the event of any inconsistencies or errors, the unit price (D) shall take precedence.

Bidders shall submit their bids on an “all or none” basis. Except as otherwise provided in this solicitation, if a contract is awarded as a result of this solicitation, it will bind the Sponsor during the term of the contract to secure all its needs from the successful contractor and such contract shall bind the contractor to perform all such work ordered by the Sponsor at prices specified in the contract. Award will be made to a single responsive, responsible bidder on the basis of the lowest aggregate cost to the Sponsor. Evaluation of prices shall be on the basis of the estimated requirements set forth herein.

SECTION F - REQUIREMENTS CONTRACT

This is a requirements contract for the services specified in the schedule and for the period set forth therein. The quantities of such services specified herein are estimates only and are not purchased hereby. Except as may be otherwise provided herein, in the event the Sponsor’s requirements for services set forth in the Schedule A do not result in orders in the amounts of quantities described as “estimated” in the Schedule, such event shall not constitute the basis for an equitable price adjustment under this contract.

The Sponsor shall not be required to purchase from the contractor requirements in excess of the limit on total orders under this contract, if any.

The Sponsor may issue orders, which provide for preparation for or performance at multiple destinations.

The Sponsor shall not be obligated to place any minimum dollar amount of orders under this contract or any minimum number of orders. The utilization of the contractor for services specified in the schedule A will be dependent upon the needs and requirements of the Sponsor.

1. Pricing shall be on the menus described in Schedule B1. All bidders must submit bids on the same menu cycle provided by the Sponsor. Bid price must include price of food, milk (if applicable), “Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions packaging, transportation, labor, and all other related costs as applicable (e.g., condiments, utensils, etc.).

2. Evaluation of Bidders

Each bidder will be evaluated on the following factors:

A. Financial capability to perform a contract of the scope required.

B. Adequacy of plant facilities for food preparation, with approved license certification that facilities meet all applicable state and local health, safety and sanitation standards.

C. Previous experience of the bidder in performing services similar in nature and scope.

D. Other factors such as transportation capability, sanitation and packaging.

E. Bidders that do not satisfactorily meet the above criteria may be rejected as non-responsive and not considered for award.

3. The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specification and all associated preparation costs. Unit prices shall include taxes but any charges or taxes which are required to be paid under future laws must be paid by the bidder at no additional charge to the Sponsor.

4. Meal Orders

A. Sponsors will order meals on *______________ of the week preceding the week of delivery;

orders will be placed for the total number of days in the succeeding week, and will include breakdown totals for each program and/or home and each type of meal.

B. The Sponsor reserves the right to increase or decrease the number of meals ordered on a 48-hour notice or less if mutually agreed upon between the parties of this contract.

C. The Sponsor reserves the right to add or delete programs and/or homes. This shall be done by amendment of the Schedule A. Deletion or addition of programs and/or homes will be made not less than one week prior to the required date of service.

*Sponsor must insert the day of the week in which meal orders will be placed.

5. Menu-Cycle Change Procedure

A. Meals shall be prepared on a daily basis in accordance with the menu cycle which appears in Schedule B1. Deviation from this menu cycle shall be permitted only upon authorization of the Sponsor. Menu changes may be made only when agreed upon by both parties. When an emergency exists which might prevent the contractor from preparing a specified meal

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions component, the Contractor shall notify the Sponsor immediately so substitutions can be agreed upon. The Sponsor reserves the right to suggest menu changes within the food service management company’s food cost periodically throughout the contract period.

6. Noncompliance

A. The Sponsor reserves the right to inspect and determine the quality of food prepared and reject any meals which do not comply with the requirements and specifications on the contract. The contractor shall not be paid for unauthorized menu changes, incomplete meals, meals not prepared within the specified time and meals may be rejected because they do not comply with the specifications. The Sponsor reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The contractor shall be responsible for any excess cost but will receive no adjustment in the event the meals are procured at a lesser cost. The Sponsor or agency inspecting shall notify the contractor in writing as to the number of meals rejected and the reasons for rejection.

7. Specifications

A. Packaging

1. Hot Meal Unit-Packaging suitable for maintaining meals in accordance with local health standards. Container and overlay should have an airtight closure, be of non-toxic material, and be capable of withstanding temperatures of 400˚ or (204 C) or higher.

2. Cold Meal Unit or Unnecessary to Heat – Container and overlay to be plastic or paper and non-toxic.

3. Cartons – Each carton shall be labeled. Label to include:

a. Processor’s name and address (plant)

b. Item identity, meal type

c. Date of production

d. Quantity of individual units per carton

4. Meals shall be prepared with the following nonfood items: condiments, straws for milk, napkins, single service ware, etc. Sponsor shall insert nonfood items that are unnecessary for the meal to be eaten.

B. Food Preparation

1. Meals shall be prepared under properly controlled temperatures and assembled not more than 24-hours prior to delivery.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

C. Food Specifications

1. Bids are to be submitted on the menu cycle included as Schedule B1 and shall include, as a minimum, the portions specified by the United States Department of Agriculture for each meal, which are included in Schedule B, to this IFB and contract.

2. All meat and meat products, except sausage products, shall have been slaughtered, processed and manufactured in plants inspected under a United States Department of Agriculture approved inspection program and bear the appropriate seal. All meat and meat products must be sound, sanitary and free of objectionable odors or signs of deterioration on delivery.

3. Product Specifications: Milk and milk products are defined as “…fluid types of pasteurized flavored and unflavored whole milk or low-fat milk, or skim milk or cultured buttermilk which meet state and local standards for such milk…” Milk delivered hereunder shall conform to these specifications.

SECTION G – GENERAL CONDITIONS

1. Delivery Requirements

Meals will be (Sponsor must check one)

☐ Delivered by the Contractor participating in this contract

☐ Picked up by the Sponsor

☐ Other, Specify ________________________________________________________

When applicable, A. Delivery shall be made by the contractor to each program and/or home in accordance with the order from the sponsor.

B. Meals shall be daily delivered, unloaded and placed in the designated program center and/or home by the contractor’s personnel at each of the locations and times listed in the Schedule A.

C. Meals delivered to outside-school-hours care centers shall be unitized unless otherwise specified.

D. The contractor shall be responsible for delivery of all meals and dairy products at the specified time. Adequate refrigeration or heating shall be provided during delivery of all food to ensure the wholesomeness of food at delivery in accordance with state or local health codes.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

E. The Sponsor reserves the right to add or delete programs and/or homes. This shall be done by amendment of the Schedule A. Deletion or addition of programs and/or homes will be made not less than one week prior to the required date of service. Any change in transportation cost that occurs as a result of adding or deleting centers and/or homes shall be negotiated and noted in the modification.

2. Supervision and Inspection

A. The contractor shall provide management supervision at all times and maintain constant quality control inspections to check for portion size, appearance and packaging in addition to the quality of products.

3. Record Keeping

A. Documentation and records of all meals prepared and/or delivered must be prepared by the contractor at a minimum in three copies: one for the contractor, one for third-party meal transport/delivery service, if applicable, one for the program and/or home personnel, if the Contractor is responsible for the delivery of meals, and one for the Sponsor. All documentation and records must be itemized to show the number of each meal type delivered to each center and/or home. Designees of the Sponsor at each program or home will check the adequacy of the preparation and/or delivery of all meals before signing the delivery ticket. Invoices shall be accepted by the Sponsor only if all daily documentation of meals prepared or delivered is signed by the Sponsor’s designee at the meal production location and/or program and/or home, as applicable.

B. The contractor shall maintain records supported by delivery tickets, purchase orders, production records for this contract or other evidence for inspection and reference to support payments and claims.

C. The books and records of the contractor pertaining to this contract shall be available, for a period of three years from the date of submission of the final claim for reimbursement, or until the final resolution of any audits for inspection and audit by representatives of the state agency, representatives of the United States Department of Agriculture, the Sponsor and the Comptroller General of the United States at any reasonable time and place.

4. Method of Payment

A. The contractor shall submit its itemized invoice to the Sponsor biweekly, or monthly, as specified. Each invoice shall give a detailed breakdown of the number of meals prepared for each program and/or home during the preceding two weeks or month. Payment will be made at the unit price specified in the contract. No payment shall be made unless the required daily documentation of meals prepared or delivered have been signed by the program and/or home representative of the Sponsor.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

5. Inspection of Facility

A. The Sponsor, the state agency and the United States Department of Agriculture reserve the right to inspect the contractor’s preparation facilities prior to award and without notice at any time during the contract period, including the right to be present during preparation and delivery of meals.

B. The contractor’s facilities shall be subject to periodic inspections by USDA, state and local health departments and any other agency designated to inspect meal quality for the state. This will be accomplished in accordance with United States Department of Agriculture regulations.

C. The contractor shall provide for meals, which it prepares to be periodically inspected by the local health department or an independent agency to determine bacteria levels in the meals being served. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality.

6. Availability of Funds

A. The Sponsor shall have the option to cancel this contract if the federal government withdraws funds to support the Child and Adult Care Food Program. It is further understood that, in the event of cancellation of the contract, the Sponsor shall be responsible for meals that have already been prepared and assembled in accordance with this contract.

7. Number of Meals and Delivery Times

A. The contractor must provide exactly the number of meals ordered. Counts of meals will be made at all meal production locations, programs and/or homes before meals are accepted.

Damaged or incomplete meals shall not be included when the number of prepared or delivered meals is determined.

8. Emergencies

A. In the event of unforeseen emergency circumstances, the contractor shall immediately notify the Sponsor by telephone of the following: (1) the impossibility of on-site delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than *______ minute(s) after specified mealtime.

* The Sponsor shall set time in accordance with state agency instructions. Time cannot exceed 45 minutes.

B. Emergency circumstances at the program precluding utilization of meals are the concern of the Sponsor. The Sponsor may cancel orders provided it gives the contractor at least 48-hours’ notice.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

C. Adjustments for emergency situation affecting the contractor’s ability to prepare meals, or Sponsor’s ability to utilize meals, for periods longer than 24-hours will be mutually worked out between the contractor and the Sponsor.

9. Termination

A. The Sponsor reserves the right to terminate this contract if the contractor fails to comply with any of the requirements of the contract. The Sponsor shall notify the contractor of specific instances of noncompliance in writing. In instances where the contractor has been notified of noncompliance with the terms of the contract and has not taken immediate corrective action, the Sponsor shall have the right, upon written notice, of immediate termination of the contract and the contractor shall be liable for any damages incurred by the Sponsor. The Sponsor shall negotiate a re-purchase contract on a competitive basis to arrive at a fair and reasonable price.

B. The Sponsor shall give written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, by the Institution that gratuities in the form of entertainment, gifts or otherwise were offered or given by the contractor to any officer or employee of the Sponsor with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contract; provided that the existence of the facts upon which the sponsor makes such findings shall be an issue and may be reviewed in any competent court.

C. In the event this contract is terminated as provided in paragraph (B) hereof, the Sponsor shall be entitled (1) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and (2) as a penalty in addition to any other damages in an amount which shall not be less than three nor more than ten times the costs incurred by the contractor in providing any such gratuities to any such officer or employee.

D. The rights and remedies of the Sponsor provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

E. Both the Sponsor and the contractor reserve the right to cancel this contract upon 30 days after written notice is provided to either party by the other.

10. Subcontracts and Assignments

A. The contractor shall not subcontract and shall not assign, for the total meal, with or without milk or for the assembly of the meal.

“Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency. The contract, request for proposal, bid and/or addendum may not be retyped or changed in any way, and amendments to the original contract, request for proposal, bid or addendum are not permitted. Sponsor and Vendor further certify and agree that they will not abide by any terms and conditions

SECTION H – GENERAL PROVISIONS

1. Equal Opportunity

(The following clause is applicable unless this contract is exempt under the rules, regulations and relevant orders of the Secretary of Labor [41 CFR ch. 60].)

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex 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 or national origin. Such action shall include, but not limited to, the following: employment, layoff or termination; rates of pay or other forms of compensation; and to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the previsions of this equal opportunity clause.

B. The contractor will, in all solicitation or advertisements 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 or national origin.

C. 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 of workers’ representative of the contractor’s commitments under this equal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order No. 11246 of September

24, 1965, as amended by executive Order No. 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, 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.

F. In the event of the contractor’s noncompliance with the equal opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated and 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 September 24, 1965, as amended by Executive Order No. 11375 of October 13, “Sponsor and Vendor certify and agree that they will utilize, as is, the original contract, request for proposal, bid and/or addendum prepared by the State agency.