Exhibit C_Certification re Prohibited Entity.pdf

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Attached to
Processing /Bulk Liquid Eggs into Usable End Products
Solicitation number
25RFP18004
Issued by
Minnehaha County, South Dakota

About this file

This is a contractor certification document required by the South Dakota Department of Education's Division of Child and Adult Nutrition Services for a processing services contract involving the transformation of USDA Bulk Liquid Eggs into six specified end products for the National School Lunch and Breakfast Programs. The required finished products include pre-cooked Colby cheese omelets, egg and cheese tortillas, scrambled egg patties, scrambled eggs with cheese and bacon, whole grain French toast sticks, and turkey sausage egg bake bites, each meeting specific Child Nutrition meal equivalency and sodium requirements. A mandatory Letter of Intent is due December 1, 2025, with mandatory sample taste testing of 15 servings for each item due to five specified schools by December 8, 2025. Formal proposals are due December 22, 2025, by 5:00 PM CT, and the contract award is anticipated January 13, 2026, with a contract start date of July 1, 2026. The initial contract term runs through June 30, 2027, with the State retaining the right to extend for an additional four years and renew for additional one-year terms if mutually agreed. Evaluation criteria allocate 25 points for cost and reliability, 15 points for marketability based on sample taste testing, and 10 points each for nutritional contribution and labeling requirements.

The successful contractor must be an approved USDA National Processing Agreement Commodity Processor with pre-approved end products manufactured under USDA inspection, Total Quality Control, and HACCP programs. Contractors must certify compliance with South Dakota Executive Order 2023-02, confirming they are not "Prohibited Entities" ultimately owned or controlled by foreign nationals or governments from China, Iran, North Korea, Russia, Cuba, or Venezuela, with false certifications subject to contract termination. Required insurance includes commercial general liability of at least $1,000,000 per occurrence, business automobile liability of $1,000,000 per accident, and professional liability insurance of $1,000,000. Delivery of finished products must occur to Nordica Warehouses, Inc. in Sioux Falls, South Dakota, within 30 days of receiving a purchase order, with bid pricing including all transportation costs. The procurement involves processing approximately one truck of bulk eggs per school year with a maximum monthly delivery quantity not exceeding 4,000 pounds, and all products must comply with specific packaging requirements including CN labels, ingredient statements, and cooking instructions with case weight limits of 40 pounds.

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Other files

File Type Posted
RFP Document.pdf PDF
Exhibit B-W-9 Form.pdf PDF
Taste Testing Evaluation.pdf PDF
Addendum 1-RFP Document.pdf PDF
Taste Testing Evaluation.pdf PDF
Exhibit C_Certification re Prohibited Entity.pdf PDF
RFP Document.pdf PDF
Exhibit B-W-9 Form.pdf PDF

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Text version

CONTRACTOR CERTIFICATION REQUIRED BY

SOUTH DAKOTA EXECUTIVE ORDER 2023-02

Section 1 Definitions. The words used in this Certification shall mean:

1.1. “Prohibited Entity,” an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela;

1.2. “Executive Branch Agencies,” each state agency, authority, bureau, board, commission, department, or institution of the State of South Dakota that is controlled by the Governor;

1.3. “Contract,” any type of agreement by or on behalf of the State to sell or lease supplies or goods, or to provide services, professional services, construction, or public improvements, to the

State in return for a fee, or any other form of compensation to be paid or provided by the State;

and

1.4. “Contractor,” a vendor, supplier, construction contractor, or subcontractor that has submitted a bid or offer for or has been selected to engage in providing goods or services to the

State but does not mean a sole proprietorship or individual natural U.S. citizen.

Section 2. Certification. The undersigned hereby certifies to the State of South Dakota that:

2.1. The undersigned is not a Prohibited Entity.

2.2 If at any time after making this certification the undersigned becomes a Prohibited Entity, the undersigned will provide immediate written notice to all Executive Branch Agencies with whom the undersigned has a Contract. The undersigned understands and agrees that if the undersigned becomes a Prohibited Entity, Executive Branch Agencies may terminate any

Contract with the undersigned.

2.3 The undersigned acknowledges and agrees that Executive Branch Agencies have the right to terminate a Contract with any Contractor that submits a false certification.

Dated _______________________

Contractor:

By: _________________________________

Printed Name: ________________________

Title: _______________________________

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