HSD Beverage Provider RFP 2023-01 - due Aug 5 2022.pdf

REQUEST FOR PROPOSAL

Solicitation No: RFP 23-01

Beverages Provider and Delivery

DUE DATE AND TIME

August 5, 2022 at 2:00 PM PST

Issued by

Hillsboro School District

3083 NE 49

th

Place

Hillsboro, OR 97124

July 5, 2022

Hillsboro School District

3083 NE 49

th

Place, Hillsboro, OR 97124

Phone: 503-844-1500 Fax: 503-844-1466

REQUEST FOR PROPOSAL

Beverages Provider and Delivery

Solicitation No: RFP 23-01

The purpose of this Request for Proposal (Solicitation) is to obtain competitive Proposals from qualified Firms

(Proposer’s) interested in providing K-12 eligible and commercially available beverages and beverage concentrates, as described. Beverages shall be age-appropriate according to state and Federal regulations regarding beverages eligible to be sold in Oregon public schools.

Hillsboro School District represents an organization of 36 schools and multiple support buildings, including four (4)

Middle Schools, four (4) High Schools, one (1) sports complex, and one (1) alternative high school. Volume estimates are based on these identified sites' participation.

Beverage services requested will be utilized to support districtwide vending machines and select beverage pour locations at up to four (4) middle schools, four (4) high schools, one (1) sports complex location, and district support buildings.

Proposers shall submit a Proposal, pursuant to the instructions of this Solicitation, to the Director of Nutrition

Services, or designee.

DUE DATE & TIME: August 5, 2022 by 2:00 PM

(Late proposals will not be accepted)

Proposers are solely responsible for ensuring that the District receives its Proposal and accompanying documents.

No public opening will occur. Proposals will be recorded and prepared for evaluation. The number of Proposals received, the identity of Proposers, or the contents of any Proposal will not be disclosed to the public until all

Proposals have been evaluated, negotiations completed if required, and an Intent to Award has been published.

Questions and comments regarding this Solicitation must be ONLY IN WRITING and directed to the undersigned by email to roedeln@hsd.k12.or.us or by mail to 3083 NE 49th Place, #208. Hillsboro, OR 97124, and must be received by timelines indicated in this RFP document.

This Solicitation may be viewed on the OregonBuys website, or by contacting HSD Nutrition Services at

503-844-1459.

Sincerely, Nathan Roedel

Executive Director of Nutrition Services

Hillsboro School District

Request for Proposals

Beverages Provider and Delivery

Solicitation No: RFP 23-01

Opportunity Announcement July 5, 2022

RFP Issued July 5, 2022

Errors and Clarifications Due July 15, 2022 by 2:00 p.m.

Questions and Necessary Addendums July 19, 2022 posted to OregonBuys website

Proposal Due August 5, 2022 by 2:00 p.m..

Intent to Award Notification August 19, 2022

End of Protest Period August 26, 2022 by 2:00 p.m.

HILLSBORO SCHOOL DISTRICT

SECTION I – INSTRUCTIONS TO PROPOSERS

1. DEFINITIONS. This solicitation is issued pursuant to the District Local Contract Review Board Rules and governing policies. The term "District" throughout this solicitation means Hillsboro School District. “Proposer” means the Person or Firm that submits a Proposal in response to this solicitation. “Vendor” means the Proposer that is awarded this solicitation.

2. SOLICITATION REVIEW. Proposer’s must carefully review this Solicitation and are responsible for knowing and understanding the terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the

District's attention in writing by 2:00 p.m. on July 15, 2022, protests based on such defects, ambiguities, omissions, or errors received after issuance of the Notice of Intent to Award (NIA) may not be favorably considered.

3. CONTRACT.

a. Requirements Contract.

i. The successful Proposer will receive an annual purchase order for orders made on an as needed basis.

ii. Contract Period. The initial contract period shall be the 2022-23 school year.

iii. Renewal Option. This contract may be renewed upon mutual agreement of the District and awarded

Proposer for up to four (4) additional one (1) year periods, but may not extend beyond June 30, 2027.

4. SUBMITTING A PROPOSAL

a. Proposer shall submit a Proposal to the District in accordance with all prescribed requirements and instructions included in this RFP, including any supplemental guidance documents.

b. Identification of Proposal:

i. HSD is requesting that Proposals be emailed to Nathan Roedel, Executive Director of Nutrition Services at roedeln@hsd.k12.or.us. Include the RFP Title and Number in the subject line of the email submission. Contact the aforementioned if requesting to send a hard copy via mail, to ensure proper identification and handling,

ii. The District shall not consider facsimile Proposals.

c. Each Proposer is responsible for ensuring the District receives its Proposal at the required delivery point prior to the RFP due date and time. The District reserves the right to consider proposals that have been delayed or mishandled by the District.

d. The District may withhold from disclosure information in accordance with ORS 279B.055(5)(c): trade secrets or confidential information pursuant to ORS 192.501 or 192.502. A Proposer shall make such information perfectly obvious to the District in its Proposal by indicating in bold capitalized letters prior to the information’s disclosure or representation.

5. ADDENDA.

a. The District may change this solicitation document only by written addenda. Any addenda issued shall become an integral part of this solicitation.

b. A Proposer shall provide written acknowledgment of receipt of all issued addenda with its proposal on the provided Proposer Certification form.

c. The District shall notify all known interested Proposer’s of addenda by email and/or posted updates to the

OregonBuys electronic solicitation utility..

d. IT IS THE PROPOSER’S RESPONSIBILITY TO MAKE INQUIRY OF AND RESPOND CONSIDERING

ISSUED ADDENDA.

6. LATE PROPOSALS, WITHDRAWALS, OR MODIFICATIONS. The District shall not consider late proposals, late withdrawals or late modifications. Any proposal, withdrawal, or modification received after closing shall be designated as late. The District reserves the right to consider late proposals, late withdrawals or late modifications if the District finds that such proposal, withdrawal or modification has been mishandled by the

District.

mailto:roedeln@hsd.k12.or.us

SECTION I – INSTRUCTIONS TO PROPOSERS

7. PROPOSAL EVALUATION AND AWARD .

a. The District shall evaluate the proposals based on the requirements established in Section II.

b. Award.

i. For purposes of awarding a contract the District shall give preference to goods manufactured or produced in Oregon pursuant to ORS 279A.120.

ii. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the School Board, the District reserves the right to cancel any Solicitation at no penalty.

iii. If awarded, the District shall award the Contract to the Responsible Proposer submitting the most advantageous, Responsive Proposal. Pursuant to OAR 137-047-0500, the District may only award a contract to a Responsible Proposer.

8. NOTICE OF INTENT TO AWARD. The District shall provide written Notice of Intent to Award (NIA) to all

Proposers at least seven (7) calendar days before the Award of a Contract. The NIA will be emailed to the contact listed on the Proposers Certification submitted in response to this RFP document. The District's Award will not be final until the latter of the following: The expiration of the Contract Award protest period provided in

OAR 137-047-0740, or until the District provides Written response to all timely filed protests denying the protest(s) and affirming the Award.

9. PROPOSERS RIGHT TO PROTEST SOLICITATION AND AWARD. Proposer’s shall fully comply with the rules and statutes of this section in order for a protest to be accepted by the District:

a. Solicitation. Pursuant to OAR 137-047-0730, a Proposer may protest the procurement process or the

Solicitation. Such protest shall be submitted prior to 2:00 p.m. on August 26, 2022.

b. Award. Pursuant to OAR 137-047-0740, a Proposer may protest the Notification of Intent to Award (NIA) a

Contract. Such protest shall be submitted prior to Noon on the seventh (7th) day proceeding the date listed on the NIA.

[END OF SECTION]

SECTION II - RESPONSE AND EVALUATION

1. INTRODUCTION. This section prescribes the mandatory format for the presentation of a proposal in response to this Solicitation. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to submit Proposals in accordance with the provisions of this Section shall be grounds to declare the Proposal non-responsive.

2. PROPOSAL FORMAT:

○ The submitted Proposal shall represent an ORIGINAL Signed Proposal.

○ If/When submitting a hard copy proposal, it should be typewritten on 8-1/2 x 11 size paper, two-sided and stapled or affixed in the upper left corner.

○ Submitted information shall included, at a minimum, the complete RFP instructions (signed), attachments

(signed where required), separate electronic files (Attachment C, optional Attachment C.1, nutrition information files as needed.

3. PROPOSAL CONTENT.

○ The submitted Proposal shall include all of the information requested and described in this section.

○ Proposer’s are cautioned to provide in their proposals as much detail as possible pertaining to their capabilities and experience to the goods and/or services requested in this Solicitation. Do not assume the

District or evaluation team is familiar with the Proposer.

○ Concise and direct answers are encouraged. The specifications, characteristics, and requirements listed in this Solicitation are in no way to be considered to be exhaustive.

○ Proposer’s shall present the following information, and submit all attachments as required, in the order listed:

i. COVER SHEET, Attachment A (1 page)

ii. PROPOSER CERTIFICATION, Attachment B (2 pages). The certification must be signed by the person authorized to represent the Proposer regarding all matters related to the Proposal.

iii. EXPERIENCE, QUALIFICATIONS, CAPACITY, and REFERENCES. (separate document, 2 pages max.)

A. Provide a brief narrative of the Proposer's background and history. Generally describe previous experience related to furnishing bulk and high quantity Beverage Products for clients.

(½ page or less)

B. Provide a brief description of how the Proposer has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate to the District that Proposer is capable of meeting all contractual responsibilities. Description should demonstrate Proposer has the capacity to meet the quantity demands described in this RFP.

(½ page or less)

C. Describe the Proposer’s responsibilities and the scope of work for three projects similar to the

Scope of this Solicitation: Provide the client name, contact name, telephone number and/or email address. These contacts will be used for the District’s reference check. (1 page)

iv. NUTRITION INFORMATION. Include documentation of ingredients and nutritional information for each product proposed in Attachment C. This information may be submitted as separate attachments, as a

‘zipped’ file, or for alternative delivery methods, contact roedeln@hsd.k12.or.us .

v. PRICING SCHEDULE, Attachment C, C.1 (duplicate as needed). Use of the provided Pricing Schedule

(Attachment C) is required. Indicate clearly the container-type, fluid ounces, and nutritional information offered for each product. Proposed products for school-aged children shall meet the Smart Snacks parameters by age group as indicated. Age-group parameters can be found at the following web location: https://www.oregon.gov/ode/students-and-family/childnutrition/snp/pages/smartsnacks.aspx.

Oregon Department of Education-provided analysis tool for beverages is included in the Oregon Buys posting for this opportunity and on the ODE website.

https://www.oregon.gov/ode/students-and-family/childnutrition/snp/pages/smartsnacks.aspx

SECTION II - RESPONSE AND EVALUATION

vi. DESCRIPTION OF ORDER AND DELIVERY PROCESS. Provide a detailed description of the order and delivery process, including how the District will place orders and available delivery frequency schedule and pertinent details of how delivery will be made.

4. EVALUATION OF PROPOSALS. - 100 POINTS AVAILABLE

a. The District shall evaluate the Proposals based on the requirements below.

i. Rank of Experience, Qualifications, Capacity, and References. 20 points

A. Typical scoring methods: How long has the Proposer been in business? Does the Proposer have specific School District experience (other than with Hillsboro School District)? How much experience does the Proposer have performing this type of work? Has the Proposer performed work of the scale being sought? Can the Proposer easily scale up to the volumes anticipated in the

Solicitation? Was the past performance positive as reported by references (overall customer service, attention to detail, handling issues in a timely basis, etc.)

ii. Pricing Schedule. 50 points

A. Pricing is compared between each Proposal submitted and weighted accordingly (lowest price scores the highest, all other higher prices offers are weighted against the lowest offer).

iii. Proposed Product Variety. 15 points

A. The number of products proposed by category will be weighted and points attributed by the proportion to the highest number of products offered. (e.g. proposer 1 submits 10 products and proposer 2 submits 8 products; proposer 2 would receive 80% of available points)

iv. Order and Delivery Process. 15 points

A. Detailed description of order and delivery process.

v. RFP Alternate Maintenance Support and replacement part sourcing no points, non-scored

A. If the vendor is submitting information regarding fountain beverage systems and support; a detailed description of described support services.

B. Absence of a proposal for these described services shall not constitute an incomplete submission nor negatively impact scoring as described in this section.

SECTION III - STATEMENT OF WORK

1. PROJECT SCOPE.

a. The purpose of this Solicitation is to establish a price agreement between one or more Vendors to provide bottled, canned, and containerized beverage products to the Hillsboro School District.

i. Proposal Alternate: Provide concentrated beverage products and related equipment, maintenance, and required parts to HSD’s four (4) high schools and one (1) sports complex locations.

b. The selected Vendor shall furnish and assume full responsibility for all activities required for the orderly progress and proper execution and completion of the assigned Work, whether temporary or permanent and whether or not incorporated into the Work including, but not limited to, materials, equipment, labor (including subcontracting), transportation, equipment and machinery, tools, replacement parts, and other facilities and incidentals.

c. Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with the performance of its services.

2. SPECIFICATIONS.

a. Products shall be proposed as defined and only approved products shall be considered for award

b. Any product sold to District shall be warranted and guaranteed to be merchantable by the Vendor and fit for the purpose for which is intended. All products must be dated for freshness and or best-by usage.

3. PRODUCT RECALL.

a. If a product recall is instituted on an item that has been delivered, the Vendor shall notify the District within

24 hours. The Vendor will be responsible for costs associated with replacement product, shipping charges, and/or product credit.

b. If at any time it is determined that the health and/or safety of the customers at the District are affected by the usage of manufacturer recalled product, the Vendor and/or Vendor’s processor must and shall assume full liability.

4. FOOD SAFETY. The Vendor’s premises, equipment, supplies and warehouse facilities shall be maintained, throughout the life of the contract in conditions satisfactory to the District and in compliance with the State of

Oregon Health and Sanitation Code. The Vendor shall adhere to the highest standards of cleanliness and sanitary practices, including the distributor’s employee’s appearance and performance in the preparation, service, transportation, and storage of foods, beverages, and related items.

5. STORAGE. All products furnished shall be warehoused in facilities owned and operated by the Vendor.

Exceptions, if any at the sole discretion of the District, shall be specifically dependent on the approval by the

District designee.

6. REFRIGERATION AND CLIMATE CONTROL.

a. If proposed Products require temperature control, transport must be maintained at a suitable temperature to maintain freshness, quality, shelf life and nutritional value. Referenced Product shall be transported in a climate-controlled container regulated to keep the item(s) in good condition, and in accordance with the current US Department of Agriculture and/or US Food and Drug Administration (FDA) food code guidelines and food handling practices during all stages of processing, distribution, and storage.

b. Transportation of products shall be made in clean, sanitary trucks. Any milk and dairy products must be chilled at point of delivery, at a temperature not to exceed 38 degrees Fahrenheit and not frozen.

7. EQUIPMENT. Vendor shall be responsible for providing all delivery trucks and equipment required for the performance of this contract. Equipment shall be kept in good working order and appearance, which Vendor shall be solely responsible for. If Vendor provides refrigeration equipment to the District, Vendor shall be responsible for its proper maintenance and operation.

Vendor shall submit any terms, conditions, and/or other stipulations regarding donated, loaned, or discounted equipment. District acknowledgement and acceptance of said terms must be stated and received prior to receipt of presented equipment. A schedule or listing of equipment must be maintained by the Vendor and accessible to the District at all times.

8. PACKAGING.

a. All products shall be packed and prepared under sanitary conditions and in accordance with good commercial practice. All packaging shall be wholesome, safe and in sanitary condition. Bottles, cans, cartons, and carriers used to transport products from the Vendor’s plant/warehouse shall be clean and sanitary at all times. The Vendor will ensure all cases, cartons, and containers are clean and unblemished.

b. As applicable, labeling of all containers shall comply with Federal Food, Drug and Cosmetic Acts and related legislation including latest revisions. Packaging must be in accordance with good commercial practice.

Package size to be manufacturer’s standard unless otherwise specified.

c. Packaging shall:

i. protect the taste, aroma, visual and other palatable properties measured by the senses and other quality characteristics of the product;

ii. protect the product against microbiological and other contamination;

iii. protect the product from dehydration and, where appropriate, leakage as far as technologically practicable;

iv. not pass on to the product any odor, taste, color or other foreign characteristics throughout the processing (where applicable) and distribution of the product up to the time of receipt into the district’s facilities;

v. Be preferably and recognizably labeled, color coded, or graphically-designed to easily distinguish between varieties and flavors.

d. Packing containers, other than milk crates, shall be constructed of recyclable or returnable materials wherever feasible and where shipment within the recyclable container does not diminish the quality or sanitary requirements of the product.

e. Bottled beverages shall be compatible with State of Oregon bottle recycling standards and redemption values as determined by applicable regulations.

f. Each packaging container shall be labeled legibly to show:

i. Name of product contained

ii. Required nutrition information (except unflavored water-only products without alteration)

iii. Flavor or sub-description where applicable (i.e. diet, zero, lemon-lime, etc.)

iv. Net weight and/or volume

9. PLACING ORDERS.

a. Orders shall be placed by the designee of the Hillsboro School District Nutrition Services Division. Future orders shall be placed at regular intervals considering the current delivery schedule and product usage.

i. Vendor shall indicate on the packing or delivery slip whether shorted items are on backorder or whether the order is considered shipped complete.

ii. If Vendor is unable to deliver all items shorted within the time required by the District, Vendor may recommend a substitute product and seek authorization of the District prior to shipment considering:

A. All substituted products offered shall be at equal or better quality, at or below the proposed price and approved by the District.

B. The District reserves the right and Vendor shall accept return of any substituted items not preapproved by the District and any that are later found to not meet specifications.

C. Costs associated with product return and replacement shall be borne by the Vendor.

10. GENERAL DELIVERY REQUIREMENTS.

Vendor shall:

a. Ensure temperature reliant products shall be delivered and placed inside coolers/freezers, as necessary. It is the Vendor’s responsibility to rotate inventory to utilize a first-in first-out inventory method. Vendor shall be responsible for moving product from vendor’s truck to designated district receiving area(s).

b. Ensure that all delivery staff has, on their person, a uniform or ID badge that identifies them as working for the Vendor’s company.

c. Products that do not meet specifications may be rejected at the sole discretion of the District. Replacement of the rejected products shall occur within 24 hours of the delivery date at no additional cost to the District.

d. All deliveries are to be made between the hours of 5:00 a.m. and 1:30 p.m., Monday through Friday.

e. No deliveries may be made on Saturday, Sunday, or a legal holiday except when the delivery is an emergency; in which event, the convenience of the District shall govern.

11. DELIVERY.

a. The selected vendor(s) shall make deliveries to the District as requested throughout the school year.

Deliveries shall be made to the Nutrition Services receiving warehouse. The District receiving warehouse is located at 4901 SE Witch Hazel Rd, Hillsboro, OR 97123. A standard loading dock is available.

b. Shipping shall be F.O.B. point destination and costs of shipping and delivery are to be included in line item prices on the Pricing Proposal.

c. All personnel delivering products shall only deliver the quantity of products ordered by Nutrition Services staff. Deliveries shall be on a schedule so that the receiving site is able to distribute product in a timely fashion. Under no circumstances shall a Vendor be allowed to deliver these products after the intended use time.

12. INSPECTION. Goods must be properly packaged. Damaged goods will not be accepted, or if the damage is not readily apparent at the time of delivery, the goods shall be replaced or refunded at no additional cost to the

District. The District reserves the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery.

13. DELIVERY DELAYS. If delivery delays are foreseen:

a. The District must be notified within 24 hours of Vendor’s knowledge of such delay. Delivery must be made as stipulated herein. If for reasons beyond the control of the Vendor the delivery cannot be made by the specified date, it will be the Vendor's responsibility to notify the District of the reason for the delay and the new delivery date.

b. Vendor shall keep the District advised of the status of deliveries.

c. Vendor shall consistently meet the contracted delivery schedule(s).

d. If Vendor fails to meet delivery dates as set forth in the delivery schedule on two or more consecutive occurrences, Vendor may be considered in breach of contract.

14. HOLIDAY/SCHOOL CLOSURES. On school holidays or days schools are closed for inclement weather:

a. Deliveries shall be made the next day that the schools are open, or deliveries shall be negotiated between the District and the Vendor, at the sole discretion of the District in the best interest of the District.

15. INSURANCE. Vendor shall maintain:

a. Workers’ Compensation as required by law.

b. Employer’s Liability in the minimum amount of $1,000,000 when the Vendor has employees performing services under the contract.

c. Comprehensive Automobile Liability including owned, non-owned and hired vehicles: $2,000,000 Combined

Single Limit Bodily Injury and Property Damage any one occurrence and a minimum of $3,000,000 in the aggregate.

d. Comprehensive General Liability (CGL) to include premises operations, independent Providers, products/completed operations, and blanket contractual: $2,000,000 Combined Single Limit Bodily Injury, Property Damage, and Personal Injury any one occurrence and $3,000,000 in the aggregate. CGL may be waived or reduced but only by the written approval by the District.

e. The District, its employees, officials and agents shall be named as an Additional Insured on general liability and auto and be provided a copy of the additional insured endorsement. Such insurance shall be primary.

Certificates of Insurance shall be issued, prior to the commencement of the contract, to Hillsboro School

District, 3083 NE 49 th

Place, Hillsboro, OR 97124. The Vendor agrees to pay for the insurance specified and agrees to provide the District with a 30 day notice of cancellation if non-renewal occurs during the contract period. Insurance companies must have an A rating.

f. The District reserves the right to require additional insurance coverage, limits, and terms which will be delineated in an attachment to this agreement.

16. COMPLIANCE WITH LAWS. The Vendor certifies that it will comply with all applicable provisions of the Uniform

Commercial Code, federal, state and local laws, regulations, rules and orders. Vendor expressly agrees to comply with:

a. Title VI and VII of Civil Rights Act of 1964, as amended;

b. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended;

c. The Americans with Disabilities Act of 1990, as amended, and ORS 659.425;

d. Executive Order 11246, as amended;

e. The Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended;

f. The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended;

g. ORS Chapter 659, as amended;

h. All regulations administrative rules established pursuant to the foregoing laws;

i. All other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations; and

j. All federal and state laws governing the handling, processing, packaging, storage, labeling, and delivery of food products, if applicable.

k. All laws, regulations and executive orders applicable are incorporated by reference where so required by law.

17. INDEMNIFICATION AND HOLD HARMLESS. Except for claims arising out of acts caused by the sole negligence of the District, its management or employees, the Provider agrees to indemnify and hold harmless the District and its Board of Directors, management, employees and agents, from acts or omissions of any nature whatsoever of the Provider, its agents, servants and employees, causing injury to, or death of person(s) or damage to property during the term of this contract, and from any expense incident to the defense of the

District there from. The Provider agrees to indemnify and hold harmless the District and its board members, management, employees and agents harmless from and to defend it against any and all claims arising from the purchase, installation, and/or use of the equipment, articles and/or materials which are the subject of this Order.

18. INVOICES. Original invoices shall be addressed to Hillsboro School District, Nutrition Services, Attn: Nutrition

Services Division, 3083 NE 49TH Place #208, Hillsboro, OR 97124 and must include Vendor’s name and phone number, and clearly list quantities, item descriptions and units of measure. Invoices shall include an itemized accounting of products delivered. Electronically transmitted invoices are preferred for timely payment. The

District is tax exempt. Do not include taxes on invoice. Payment terms are Net 30.

Proposer Response Checklist

Solicitation No: RFP 21-01

The following Attachments are to be returned as the Proposal pursuant to the terms of the Solicitation:

1. Completed Cover Sheet- Attachment A

2. Completed Proposer Certification, including Addenda Acknowledgement- Attachment B

3. Experience, Qualifications and Capacity, References

4. Nutrition Information & Completed Pricing Schedule- Attachment C (Microsoft Excel Sheet)

a. Description and Pricing for Concentrated Beverage product, dispensing equipment, and servicing information [Proposal Alternate, optional]

5. Description of Order and Delivery Process [separate document, see instructions]

6. Debarment and Suspension and Other Responsibility Matters- Attachment D

7. Certification Regarding Federal Matters- Attachment E

Attachment A

Cover Sheet

Solicitation No: RFP 23-01

RFP Issued: July 5, 2022

Due Date: 2:00 pm, PST

August 5, 2022

Email submission to: roedeln@hsd.k12.or.us; list RFP title and number in Subject line

NAME OF PROPOSER: __________________________________________

PHONE NUMBER: (_______) _________ -- ______________

CONTACT PERSON: __________________________________________

EMAIL ADDRESS __________________________________________

Note: All proposals are to be filed in accordance with Rules, Regulations, Statutes, Ordinances and Specifications as outlined in the attached material and as applicable by the Federal, State and Local Governments. Vendors/Contractors are advised to familiarize themselves with applicable ORS, OAR, AG Model Public Contract Rules, and UCC as applicable in Oregon. All are applicable and may not be fully detailed in this solicitation document.

Attachment B

Proposer Certification

Solicitation No: RFP 23-01

Legal Name of Proposer:

Address, City, State, Zip

The undersigned certifies and agrees:

The prices in this proposal have been arrived at independently without, for the purpose of restricting competition, any consultation, communication, or agreement with any other proposer relating to (i) offer price, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate offer price.

If this proposal is accepted by the District, to furnish any or all items or services upon which prices are offered, delivered at the designated point, within the time specified.

That the person signing this certification is fully authorized to sign on behalf of the Proposer and to fully bind the Proposer to all provisions and clauses of this Solicitation.

That the Proposer (check one) will ____ / will not ____ extend the terms, conditions and prices to any Participating Agency. (ORS 279A.215)

That, if required, the Proposer is registered with the Oregon Secretary of State Office as required by ORS Chapters 58, 60, 62, 63, 65, 67, 70 and 648.

That the Proposer not discriminate when obtaining any required subcontractors in accordance with ORS 279A.110(4).

The Proposer acknowledges receipt of the following addenda (if any): List by number and date appearing on addenda:

Addenda No. Date

Proposer is responsible to check updates to Oregon Buys or with the District for any issued addenda according to the timelines indicated

Pursuant to ORS 279A.120, Vendor (check one) is _____ / is not _____ an Oregon resident Vendor. For purposes of awarding a contract the District may give preference to goods manufactured or produced in Oregon pursuant to ORS 279A.120.

If not, indicate State of residency: ____________________.

(CONTINUED, NEXT PAGE)

Attachment B (continued)

Proposer Certification

Solicitation No: RFP 23-01

The person signing this certification is fully authorized to sign on behalf of the Proposer and to fully bind the Proposer to all terms and conditions of this Solicitation.

Name of Owner/Officer/Agent

Signature

Title

Phone Fax

Email Address

Social Security or Federal Tax Identification Number

Attachment C

Pricing Schedules (image representations)

Solicitation No: RFP 23-01

The attachment(s) must be completed electronically and submitted in electronic format as described. The accepted format shall be Microsoft Excel for Attachment C (electronic attachment) . Weekly volume is estimated at 2300 units per week during the school year for bottled units (September through mid-June). Beverages proposed shall be marked in applicable age-groups or

General Audience (non-restricted). More information regarding Oregon Smart Snacks can be found at the following web address: https://www.oregon.gov/ode/students-and-family/childnutrition/snp/pages/smartsnacks.aspx .

RFP Alternate, Attachment C.1, Beverage Dispensing (a.k.a. soda fountain) is not required for submission but preferred to be included. This alternate submission shall be in Microsoft Word or PDF format. Volume of these products is not defined or available at this time. Proposers are encouraged to extend pricing in consideration of like volume in similar venues, seeking the best value for the District.

https://www.oregon.gov/ode/students-and-family/childnutrition/snp/pages/smartsnacks.aspx

Attachment D

Debarment and Suspension and Other Responsibility Matters

Solicitation No: RFP 23-01

Non-federal entities are subject to the nonprocurement debarment and suspension regulations implementing Executive Orders

12549 and 12689, 2 CFR part 180, 2 CFR 200.213. These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

(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 disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department, agency, or Oregon DAS.

(b) Have not within a three-year period preceding this application 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 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 primary participant shall attach an explanation to this proposal.

By:

Name and Title of Authorized Representative

Signature of Authorized Representative

Date

Attachment E

Certification Regarding Federal Matters

Solicitation No: RFP 23-01

Because certain Authorized Purchasers may have opportunities to use federal funding to purchase Goods and Services under a

Contract, Proposers must complete and submit this certification as part of submitting a Proposal. If federal terms and conditions are applicable to a Contract, relevant federal provisions will be incorporated into the purchase order form.

Proposer shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to this and resulting Contracts. These may include but not be limited to:

(1) If the Contract is for more than $10,000, compliance with Executive Order 11246 of September 24, 1965, entitled “Equal

Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of

Labor regulations (41 CFR chapter 60). A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, in section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is not forfeited.

(2) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29

CFR part 3).

(3) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29

CFR part 5).

(4) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

(5) If the Contract is for more than $100,000, compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order

11738, and Environmental Protection DAS regulations (40 CFR part 15).

(6) Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

(7) When the value of the individual contract exceeds $100,000, that federal funds were not used to pay any person or organization for influencing or attempting to influence an officer, employee of any agency, member or agent working on behalf of

Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352 (Byrd Anti-Lobbying

Amendment)

(8) Compliance with mandatory standards and policies that relate to resource conservation and recovery pursuant to the

Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC

6962) requires that preference be given in procurement programs to the purchase of specific

By:

Name and Title of Authorized Representative

Signature of Authorized Representative

Date