MOR RFP WR-967-38-100118 for sy19-20 Final.docx

RFP # WR-967-38-100118

The MOR Consortium

2019 – 2020

REQUEST FOR PROPOSAL

For

Processing of USDA Donated Foods and for Provision of Commercial Equivalents

Proposals Are Due Not Later than 10:00 AM, EST Monday, February 4th, 2019

Wayne RESA 33500 Van Born Road Wayne, Michigan 48184

Bid Summary Commodity/Service Being Requested: Processing of USDA Donated Foods and the provision of Commercial Equivalents The Macomb ISD, Oakland Schools and Wayne RESA hereinafter known as MOR is a School Food Service consortia in Michigan. These consortia are presently comprised of 117 school districts and other agencies throughout the State of Michigan and qualified for in excess of $6.5 million dollars in USDA entitlements. MOR are to be considered one entity for all rebates. All participating member districts will participate in purchases from this contract. Vendors bidding should be aware that the names and number of districts/entities will change yearly on the commodity side of the business as per the Michigan Department of Education’s process for Commodity consortium signup. The commercial pricing offered in this bid will be open to any school district or other such governmental agencies or eligible entities, whom may join the consortium at any time to take advantage of commercial bid pricing. As a cooperative effort of all 56 ISD’s/RESA’s in the state covering each of the State of Michigan’s 83 counties and the school districts associated and/or other such governmental agencies or eligible entities, our program does allow for “piggybacking” of this type on commercial pricing to all school districts and or other such governmental agencies or eligible entities in the State of Michigan (2 CFR Part 200.318-.326).

Copies of all legal documents will be provided to the Michigan Department of Education.

MOR are committed to providing the best services and resources for its member districts. Part of this philosophy includes purchases from the direct market. The manufacturer’s Request for Proposal (RFP) for the 2019-20 school year is for food-processed items as well as their commercial equivalents, but does not include products that are offered strictly as commercial products.

MOR will have a separate management services, drayage, storage and distribution contract with Van Eerden Foodservice Company of Grand Rapids, Michigan. Van Eerden Foodservice Company will be the distributor for all products solicited in this Manufacturer’s RFP. Van Eerden Foodservice Company, with the assistance of the MOR Executive Directors, will act as MOR’s agents to solicit and negotiate final pricing and proposals.

Submission of bid documents, specifically the “Proposal Response Form,” constitutes agreement and compliance with the terms and conditions listed in this Request for Proposal and with your USDA National Processing Agreement becomes the contract when awards are made by the MOR Executive Boards. The Michigan Department of Education is also requesting a letter with your bid stating, if your company receives an award, your company will honor the award.

Type of Resulting Contract: Statewide Cooperative Contract

As a result of this RFP, MOR will extend the contract to other school districts and eligible entities statewide. School districts and other eligible entities will have access to a list of approved products. The list of approved companies and products may differ by cooperative. The vendors will be competitively selected as having been qualified as defined within the RFP. This contract will enable school districts and other eligible entities to “piggyback” and purchase on an “as needed” basis from the pool of vendors awarded by this competitively awarded contract.

Resulting Contract Term: One year with four (4) one-year renewal options.

TIMETABLE

*Any response received later than the specified deadline will be disqualified.

Contacts with MOR Personnel: All contact regarding this RFP or any matter relating thereto must be sent in e-mail as follows:

Email address: wolford@macservcorp.com

Should your company receive a bid award, MDE now requires a letter from manufacturers accepting our award. A prototype acceptance letter will be found in the RFP documents and is due with your bid documents.

Submission Instructions:

All forms requiring original signatures shall be mailed or delivered to the MOR office The MOR office located at 33500 Van Born Rd, Wayne, Michigan 48184 will accept sealed proposals in answer to this RFP until 10:00 a.m., Eastern Standard Time, Monday, February 4st, 2019. Late responses will NOT be opened or evaluated.

All price proposals (Excel Spreadsheet - bid sheet, Instructions and Technical response form & Nutrition Documentation) to be emailed to morrfp2019@gmail.com Please identify your company on the SUBJECT line of your email. Proposals successfully submitted will generate an email confirming successful receipt. MOR will not have access to the protected email address until after the closing date and time. After the closing date and time, the Executive Director of MOR will open and record bids.

Request for proposal package contains:

· Invitation from MOR to Manufacturers and Brokers

· Food Proposal Time Line

· Request for Proposal with Submittal Instructions

· Proposal Instructions, Contract Terms and Conditions

· Excel File for Product Information with Price Proposal Column and Manufacturer’s Technical Response Form (These excel forms must be returned electronically)

· Submit Nutritional Information and Product Labels Supporting Products Being Bid in electronic format (Do not include paper copies of nutritional information).

Numbered pages below may not be transmitted electronically. Original signatures are required

1. Proposal Response Form

2. Food Destination Form with Zip Code Plus 4 (return one for each food bid)

3. Manufacturer Authorization for Broker Representative Signature (if applicable)

4. A Letter Stating Your Company Will Honor Your Bid if You Receive an Award

5. Certificate of Compliance Iran Economic Sanctions Act

6. Check List of Bidder’s Responses to RFP

7. Certificate of Independent Price Determination

8. Non-Collusion, Debarment, Lobbying and Clean Air and Water Affidavits

9. Ethical Standards Affidavit

10. Conflict of Interest Affidavit

11. A Sample Copy of Your “Monthly Performance Report”

12. 2019-20 SEPDS for All Products Being Bid

MOR reserve the right to select vendors yielding best value and in the best interest of their consortia. MOR intends to competitively negotiate and award the contract all or in part based on the evaluation factors of: price, incentives, food processing factors, delivery conditions, point of sale and promotional materials and completeness of the proposal. When evaluations are scored, there is typically a logical separation between the most highly ranked proposals and all other proposals in terms of raw evaluation points. MOR will negotiate with no more than three top bidders by category, and in the event of fewer highly rated proposals, may negotiate with less than three. MOR also reserves the right to award entire product categories or groups to a single supplier if it is in the consortia’s best interests to meet minimum load requirements and to reduce freight costs.

In fairness to all bidders, all questions must be submitted by e-mail only to Charles Wolford at wolford@macservcorp.com

PROPOSAL RESPONSE FORM

Contract Period: July 1, 2019 - June 30, 2020

Company FOB origin physical address:

Company Name Address City, State Zip code

VENDOR INFORMATION:

Contact Name: ___________________________ Phone Number: ____________

Fax Number: _____________________________ Email: ___________________

Address:___________________________________________________________ Street or PO Box # __________________________________________________________________City State Zip Code

Your Proposal or Reference Number (if applicable): _________________________

The undersigned is an authorized company officer to propose and bind the company, and furthermore agrees to furnish and deliver the goods or services in accordance with the terms, conditions, specifications and prices herein quoted, and to pay promotional allowances, incentives and rebates as guaranteed if awarded a contract.

Proposal Approved By: __________________________________________________________________

(SIGNATURE) (TYPEWRITTEN OR PRINTED NAME)

Title/Position: __________________________________________________________________ PROPOSAL RESPONSE FORM is not acceptable unless signed by a manufacturer’s firm member or an authorized manufacturer’s agent. Signature authority may be delegated by a manufacturer to a manufacturer’s agent in a letter (sample provided) from the manufacturer substantiating this authority. The manufacturer should mail this letter in sufficient time for receipt by MOR by February 4, 2019, 10:00 a.m., EST.

MANUFACTURER AUTHORIZATION

FOR BROKER TO ACT AS THE MANUFACTURER’S REPRESENTATIVE

WITH FULL SIGNATURE AUTHORITY

Date: __________________________

By my signature below, I certify I am authorized to delegate signature authority for the

Manufacturer’s Representative ____________________________________________________

(Name of company and specific individual authorized to sign) for the express purpose of

Negotiating Direct to Manufacturer contracts between _________________________________

(Name of Manufacturing company) and MOR Consortia, for the contract year 2019-20.

Name _________________________________________________________ (typed)

Name _________________________________________________________ (signed)

Title ______________________________________

Phone ____________________________________

Email _____________________________________

SAMPLE - type on company letterhead and submit an original signed copy

MANUFACTURER ACCEPTANCE OF BID AWARD

Date: __________________________

By my signature below, I certify I am authorized to accept a bid award from the MOR Consortia and that our company will honor such an award for the extent of the bid period. Further, we understand that while an award has been made and our company has been added to the annual surveys of the MOR Consortia, the memberships may not have allocated enough product on the respective surveys for a diversion of USDA food to us.

Manufacturer ___________________________________________________________

Name ___________________________________________________________ (typed)

Name _________________________________________________________ (signed)

Title ______________________________________

Phone ____________________________________

Email _________________________________________________________

Certificate of Compliance Michigan Public Act No. 517 of 2012 Iran Economic Sanctions Act

The undersigned, the owner, or authorized officer of the below-named company (the “Company”), pursuant to the compliance certification requirement provided in the MOR cooperative request for proposal (the “RFP”) hereby certifies, represents, and warrants that the company (which includes its officers, directors and employees) is not “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public act No. 517 of 2012 (the “Act”), and that in the event the company is awarded a contract by MOR cooperative as a result of the aforementioned RFP, the company is not and will not become an “Iran Linked Business” at any time during the course of performing any services under the contract.

The Company further acknowledges that any person who is found submitted a false certification is responsible for a civil penalty not more than $250,000 or two (2) times the amount of the contract the proposed contract for which the false certification was made, whichever is greater, the cost of the MOR cooperative’s investigation, and the reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date it was determined that the person has submitted the false certification.

Name of Company

Name and Title of Authorized Representative

Signature

Date

CERTIFICATE OF INDEPENDENT

PRICE DETERMINATION

(A) By submission of this offer, the offeror certifies each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting completion, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to bid opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any person or firm to submit or not to submit, an offer for the purpose of restricting competition.

(B) Each person signing this offer on behalf of the manufacturer or processor certifies that:

(1) He or she is the person in the offeror’s organization responsible within the organization for the decision as to the prices being offered herein and has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above; or

(2) He or she is not the person in other offeror’s organization responsible within the organization for the decision as to the prices being offered herein, but that he or 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 (A)(1) through (A)(3) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above.

To the best of my knowledge, this manufacturer or processor, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

Signature of Company Representative Title Date Company’s Authorized Representative

In accepting this offer, MOR certifies that no representative of MOR has taken any action which may have jeopardized the independence of the offer referred to above.

Signature of the MOR Executive Director Title Date

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,

AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Executive Order 12689, and 31 U.S.C. 6101; Debarment and Suspension, 7 CFR Part 3017, Subpart C, Responsibilities of Participants Regarding Transactions.

(Please read instructions on next page before completing Certification.)

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

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 Award Number or Project Name

Name(s) and Titles(s) of Authorized Representatives(s)

Signature(s) Date

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side 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 into. 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 whom this proposal is submitted if at any time the prospective lower tier participant learns that its 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 voluntarily 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 titled “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 it is not debarred, suspended, ineligible, or voluntarily excluded 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 Excluded Parties List System (EPLS) at http://epls.arnet.gov/.

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 as appropriate, including suspension and/or debarment.

CLEAN AIR AND WATER CERTIFICATE

Applicable if the contract exceeds $100,000 or the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clean Air Act (41 U.S.C. 1857c-8(c) (1) or the Federal Water Pollution Control Act 33 1319(d) and is listed by EPA or the contract is not otherwise exempt. The MOR Consortium and manufacturer or processor (offeror) shall execute this Certificate.

THE MANUFACTURER OR PROCESSOR AGREES AS FOLLOWS:

To comply with all the requirements of Section 114 of the Clean Air Act, as amended (41 U.S.C. 1857, et seq., as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information as well as other requirements specified in Section 114 and Section 308 of the Clean Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.

That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency (EPA) List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.

To use his/her best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed.

To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph.

THE TERMS IN THIS CLAUSE HAVE THE FOLLOWING MEANINGS:

The term “Air Act” means the Clean Air Act, as amended (41 U.S.C. 1957 et seq., as amended by Public Law 91-604).

The term “Water Act” means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500).

The term “Clean Air Standards” means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1957c-5(d)), an approved implementation procedure or plan under Section 111(c) or Section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or approved implementation procedure under Section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).

The term “Clean Air Standards” means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environ-mental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342) or by local government to ensure compliance with pretreatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317).

The term “Compliance” means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

The term “facility” means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned, leased, or supervised by the Manufacturer or processor.

Signature of Manufacturer or Processor Title Date Company’s Authorized Representative

NOTICE TO APPLICANTS – CERTIFICATION/DISCLOSURE REQUIREMENTS RELATED TO LOBBYING

Section 319 of Public Law 101-121 (31 U.S.C.), signed into law on October 23, 1989, and imposes new prohibitions and requirements for disclosure and certification related to lobbying on recipients of Federal contracts, grants, cooperative agreements, and loans. Certain provisions of the law also apply to Federal commitments for loan guarantees and insurance; however, it provides exemptions for Indian tribes and tribal organizations.

Effective December 23, 1989, current and prospective recipients (and their subtier contractors and/or subgrantees) will be prohibited from using Federal funds, other than profits from a Federal contract, for lobbying Congress and any Federal agency in connection with the award of a particular contract, grant, cooperative agreement, or loan. In addition, for each award action in excess of $100,000 (or $150,000 for loans) on or after December 23, 1989, the law requires recipients and their subtier contractors and/or subgrantees to: (1) certify that they have neither used nor will use any appropriated funds for payment to lobbyists; (2) disclose the name, address, payment details, and purpose of any agreements with lobbyists whom recipients or their subtier contractors or subgrantees will pay with profits or nonappropriated funds on or after December 23, 1989; and (3) file quarterly updates about the use of lobbyists if material changes occur in their use. The law establishes civil penalties for noncompliance.

If you are a current recipient of funding or have an application, proposal, or bid pending as of December 23, 1989, the law will have the following immediate consequences for you:

· You are prohibited from using appropriated funds (other than profits from Federal contracts) on or after December 23, 1989, for lobbying Congress and any Federal agency in connection with a particular contract, grant, cooperative agreement or loan;

· You are required to execute the attached certification at the time of submission of an application or before any action in excess of $100,000 is awarded; and

· You will be required to complete the lobbying disclosure form if the disclosure requirements apply to you.

Regulations implementing Section 319 of Public Law 101-121 have been published an Interim Final Rule by the Office of Management and Budget as Part III of the February 26, 1990, Federal Register (pages 6736-6746).

CERTIFICATION REGARDING LOBBYING

CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of any Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement;

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

_____________________________________________________________________________Organization Name Award Number or Project Name

Name and Title of Authorized Representative

Signature Date

ETHICAL STANDARDS AFFIDAVIT

Contractor, after being first duly sworn, affirms that by its employment policy, standards and practices it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

Contractor understands that it shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therefore.

Contractor also understands that it shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award or a subcontract or order.

Contractor also understands that it shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a metropolitan government contract upon the agreement or understanding for a contingent commission, percentage or brokerage fee, except for the retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.

Contractor represents that it has not retained anyone in violation of the foregoing.

Contractor also understands that a breach of ethical standards could result in civil or criminal sanctions and/or debarment or suspension from being a seller, contractor or subcontractor under metropolitan government contracts.

Print name of bidder: Signature:

Name of Company: City: State:

Sworn to and subscribed before me, a notary public in and for the above state and county, on this ________ Day of _______________, 20_____.

Notary Public ______________________________________

My commission expires:

Seal

MOR Cooperative- Manufacturer’s Request for Proposal - RFP WR-967-38-100118 1

CONFLICT OF INTEREST AFFIDAVIT

This affidavit is required by state law and complies with the State of Michigan, Act No. 232 of Public Acts of 2004, Enrolled House Bill No. 5376, Sec. 1267, paragraph 3, and sub-paragraph (d), as listed below:

(3) The advertisement for bids (and proposals) shall do all of the following:

State that the bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the board, intermediate school board, or board of directors or the superintendent of the school district, intermediate superintendent of the intermediate school district, or chief executive of the public school academy. A board, intermediate school board, or board of directors shall not accept a bid that does not include this sworn and notarized disclosure statement.

CHECK ONE OF THE TWO BOXES BELOW.

List and describe all existing Conflicts of Interest. (Attach an additional page if necessary.)

To the best of my knowledge, no conflict of interest exists.

NOTARY: State of County of

Sworn to and subscribed before me, a notary public in and for the above state and county, on this

Day of , 20 .

Notary Public My commission expires:

Seal

YOU MUST INCLUDE A COPY OF YOUR MONTHLY PERFORMANCE REPORT

This report must be filed each month with the Michigan Department of Education, MOR Executive Directors, Van Eerden Foodservice Company.

Failure to comply with this request will be considered an infraction of the awarded contract. Past compliance with this provision will become part of the evaluation matrix.

Copies of acceptable report formats can be found on the ACDA web site www.commodityfoods.org

INSTRUCTIONS FOR SUBMITTING PRICES

The Excel Spreadsheet that has been emailed with this Request for Proposal has areas for entering your commodity price, the food value pass thru and the price of your commercial equivalent food product. The Excel Spreadsheet is an integral part of this Request for Proposal.

· Please submit price proposals to designated email address.

· Download Excel Spreadsheet files; add your prices; save and send as an attachment.

· Please provide pricing for your approved commodity products and the commercial equivalents.

· Only the provided format will be accepted.

· Please do not change the format of the spreadsheet.

Submitting Bid Prices

IF YOU QUOTE A BILLBACK ALLOWANCE

The price from which the billback is to be subtracted must be provided or your proposal may be considered non-responsive. If you fail to provide base pricing from which to subtract the billback, your technical response will be marked down.

REBATE/ALLOWANCE COLLECTION

MOR’s agents, Van Eerden Foodservice Company, will file promotional allowance claim requests with manufacturers. Payment to MOR or Van Eerden Foodservice Company is expected within 45 days or less after filing a claim. Van Eerden Foodservice Company will remit payment to individual districts based on their proportionate share of purchases. Van Eerden Foodservice Company will not be qualified for the promotional allowances and incentives offered in this Proposal and warrants and guarantees they will NOT retain any payments made on behalf of MOR. Promotional allowances and volume incentives, if offered, will be an award criteria considered in pricing proposals. All promotional allowances and volume incentives offered to MOR shall be quoted on the Manufacturer’s Technical Response Form for each product being bid.

Quote prices for each item separately In the event that the unit designation stated on the price proposal form is different from the standard package offered, or the portion size requested, the Bidder shall convert the quantities to conform to the unit set forth in the specifications. Failure to make the conversion may be cause for rejection of the proposal. If decimals are used for pricing, decimals shall not exceed 4 decimal places.

Delivered pricing Quoted prices that shall include drayage, freight, packing and insurance at the manufacturer’s expense on all items delivered to MOR designated facility. All items delivered under this pricing option shall be delivered to Van Eerden Foodservice Company, Grand Rapids, Michigan, or designated alternate locations. Van Eerden Foodservice Company may request F.O.B. when considered appropriate by either during contract negotiations.

ACCEPTABLE VALUE-PASS-THRU METHODS

Under the terms and conditions of this RFP, all manufacturers, vendors, brokers and suppliers agree to utilize one of the three methods of value-pass-thru authorized by MOR: Fee for Service (FFS), Modified Fee for Service and Net-Off-Invoice (NOI). MOR do not utilize either E-Rebates or Mail-in-Rebates and entities who bid on this RFP agree to abide by this request. E Rebates and Mail-in-Rebates are difficult to track and unduly complicate MOR recordkeeping and USDA required food usage reporting.

Administrative/Remittance Fee The MOR coop is requiring all manufacturers to provide an administrative fee.

The Manufacturer/Vendor must remit an administrative fee of 1% on all sales transacted under this contract and remit the fee within 30 days after the end of each quarter. The fee for this contract will be 1% on all sales through the use of this contract at district invoice price.

CONTRACT TERMS AND CONDITIONS:

All manufacturers and/or processors wishing to process USDA commodities for MOR members must have a National Processing Agreement (NPA) or a Master Contract on file with the State of Michigan, Michigan Department of Education, Office of Health and Nutrition Services. The State of Michigan has adopted the American Food Distribution Association’s (ACDA) prototype contract as the model bidders must meet. The NPA and/or Master Contract prototype along with certifications and documents required with a manufacturer’s or processor’s BID will constitute a valid contract with MOR. Awards will be made in February and confirmed by MOR executive directors in March.

1. Contract Period: The contract will be from July 1, 2019 through June 30, 2020. With the option for additional four (4) one-year contracts if agreeable by both parties.

2. Extension: MOR reserves the right to extend the contract for 90-days past its term to continue a source or sources of supply until new or replacement Bidders have been identified and contracts awarded. Any contract extension/renewal is contingent upon the approval of the Bidder(s).

3. Acceptance of Conditions: Each Bidder, by submitting a proposal, assents to each and every term and condition set forth anywhere in this Request for Proposal and agrees to be bound thereby. A failure to become knowledgeable, to read materials provided or to obtain clarification about contract terms and conditions prior to submitting a proposal, does not warrant release from contract acceptance.

4. Format of Proposal: Bidders are expected to submit bids that are accurate for products. Proposals shall be complete and contain all terms a Bidder believes necessary. If after submitting a Proposal, a Bidder finds changes are necessary, the bidder may change or withdraw their proposal at any time up to the time of the proposal opening. After the opening, the Proposal may not be withdrawn or changed except during the process of competitive negotiations. Once negotiations are complete and terms accepted, the proposal and the complete agreement constitute a binding contract, and the Bidder is expected to honor all agreed upon contractual terms. Submittals are required in a specified format. Facsimile transmissions will not be accepted for price quotations or for documents requiring original signatures.

5. Signatures: All sheets requiring a signature shall be signed with ink, as follows:

a. In the case of an individual Bidder, by such individual Bidder,

b. In the case of a Partnership, the name of the partnership must appear on such proposal and shall be signed in the name of such partnership by at least one partner or an authorized broker when an original signed letter authorizing a broker to sign for the corporation is on file.

c. In the case of a corporation, the corporate name shall be subscribed by the president, a managing officer, or an authorized broker (when an original signed letter authorizing a broker to sign for the corporation is on file). There shall be set forth under the signature of such officer the name of the office he holds or the capacity in which he acts for such corporation.

6. Proposal Opening: Proposal opening will be open to the public. The opening will serve only to open and acknowledge each Proposal. Price comparisons will not be available until competitive negotiations have been completed and all bids have been submitted to the other consortiums in Michigan. All materials submitted in response to this Request for Proposal must have been received in the form designated by 10:00 a.m. EST, February 4, 2019 at which time the lock box will be opened and prices placed in an audit format. No award will be made or implied at the proposal opening. Proposals will be evaluated after proposal opening and contracts will be awarded based on award criteria.

7. Initial Orders: Initial orders will be submitted to successful Bidder on a time line established by Van Eerden Foodservice Company for delivery in July or August 2019 at contract pricing.

8. Specifications / Approved Brands for Equality: It is the intent of MOR to afford maximum competition and equal opportunity to any and all potential Bidders we have changed our process for giving specifications. Due to the ever-changing product mix in schools because of changes with the Healthy Hunger Free Kids Act, we are asking all vendors to fill out our “bid sheet form” with all of the pertinent information including pricing for all products that have been approved for commodity processing that are commonly used in schools. We have found that due to product reformulations based on regulation changes that our specifications are actually causing a system of limited competition. Our groups have decided, that we will be evaluating products in each product category that meet the needs of individual districts and will be awarding based on the criteria listed later in this document.

9. Product Detail: Provide as much detail as possible with the specification/pricing document and the EPDS of SEPDS to assist in evaluating your product: State Brand, Pack and Unit Size, Product Number or Universal Product Codes if used as the Vendor Product Number, Unit Price, Price per Serving; Number of Servings per Case, USDA Donated Foods Product Numbers required to produce each product and, the number of finished pounds, servings and percent yield produced from a truckload of the required USDA donated food(s). Errors in correctly quoting pack, size, price, etc. shall not relieve a vendor from the responsibility to provide product at the offered unit cost.

10. Fiscal Year Funding: Circumstances beyond the control of MOR may have an unexpected impact on projected volume. In the event of the discontinuance or a decrease in federal and/or state funds, MOR reserves the right to change the item identifications, increase or decrease the quantities, and/or delete items.

11. Estimated Purchase Quantities: This Request for Proposal seeks proposals to meet the product requirements of MOR Member Districts and does not Guarantee a specified purchase volume.

12. Prices, Size, and Pack Variances: Quote each item separately by offering the standard unit price on the Excel “Bid Sheet Form” in the format designated. IMPORTANT: To qualify as a valid bid, ALL commercial and USDA Food price information must be completed as shown on the “bid sheet form” including unit pricing. USDA Food must be quoted using the November 15 price file even if your company’s SEPDS are still showing previous year’s USDA Food price.

13. Fixed Firm pricing/Market Emergency: MOR fixed pricing for the term of the contract. It is understood that, with market emergencies, pricing for a twelve-month period may not be realistic. In the event of an uncustomary increase or decrease in the market price of any item or items covered by the contract, MOR will consider negotiated price adjustments (increases or decreases), commensurate with ingredient price changes when substantiated by independent third-party market food bulletins over a 60-day period in advance of the request, and when the resulting price change would be six-percent or greater. Allowable third market party bulletins for market adjustments are:

a. Urner Barry Market Reports (Price Current or National Provisioner Sheet) - Urner Barry Publications Inc, PO Box 389, Toms River, New Jersey, 08754-0489 exact indicator to be agreed upon between MOR and the successful vendor at the time of the initial award.

b. Current Spot Price for the specific food, exact location and poultry federation to be agreed upon between MOR and the successful vendor at the time of the initial award.

c. Agricultural Marketing Service, United States Department of Agriculture Market Reports for the Specific food in question, shipping point or location to be agreed upon between MOR and the successful vendor at the time of the initial award.

d. Food Institute Reports

e. Third market bulletins proposed by the successful Bidder, exact location and federation to be agreed upon between MOR and the successful vendor at the time of the initial award.

f. Pricing adjustments will not be considered for contract rollovers/extensions.

14. Competitive Negotiations: Michigan State Law and USDA regulations require that MOR follow one of several prescribed bid / acquisition processes. MOR takes the proposal process seriously, and it is its intent to solicit Proposals that are accurate, and that Bidders intend to honor. Bidders are advised that MOR intends to use competitive negotiations in an effort to obtain best value for all desired terms of prices, food processing factors, delivery conditions, and miscellaneous factors. MOR intends to make awards to Bidders that best meets MOR expectations, balancing the highest standards of quality, creativity of proposals and services and value with the lowest costs. MOR will not negotiate with all Bidders within a group. MOR may negotiate prices and terms with the most highly rated Bidders. MOR reserves the right to select vendors in the best interest of the cooperative and to competitively negotiate and award the contract based on the evaluation factors of: member evaluations and taste tests, student evaluations and taste tests, price, food processing factors such as yield, delivery conditions, point of sale and promotional materials and completeness of the proposal. When evaluations have been scored, there is typically a logical separation between the most highly ranked proposals and all other proposals in terms of raw evaluation points. MOR will negotiate with no more than three top ranked Bidders for a particular product or categorical grouping and, in the event of fewer highly rated proposals, MOR may negotiate with less than three. MOR also reserves the right to award entire product categories or groups to a single supplier, or to roll-over previous year’s awards, if it is in the cooperative’s best interests to reduce carryover, reduce costs, meet minimum load requirements, reduce freight costs and/or maintain supply levels.

15. Purchase Orders: All purchase orders placed under this contract shall be invoiced at the contract price prevailing at the time the order is placed.

16. Delivery/Lead Times: The MOR Service Providers, Van Eerden Foodservice Company, will receive delivered product. Delivery of high volume products will generally be requested on a weekly basis, and should be delivered no later than 14-work days after receipt of order (ARO). For lower volume products, delivery may be requested on a bi-monthly or monthly frequency and should be delivered no later than 14-21work days ARO. If lead-time requirements for your organization will be different from the specified 10- or 14-days, please record the desired lead time(s) on the proposal document. It is unreasonable for order lead times to exceed 21 days except for seasonal or specialty items.

Delivery/dock times can be arranged by contacting:

Van Eerden Foodservice Company 650 Ionia SW, PO Box 3110 Grand Rapids, MI 49501-3110 Phone: (800) 833-7374

17. Just in Time Processing and Delivery: Processing of USDA Donated or commercially processed foods shall be scheduled so as to be fresh on delivery and to minimize loss in the event of a recall. Delivery will be required on a schedule developed by Van Eerden Foodservice Company and will be in response to orders by the MOR member districts. The quantity of product delivered shall never exceed that amount that can be used by MOR districts in a 60-day period. Deliveries will be requested generally weekly or biweekly for high volume products, and bi-weekly or monthly for lower volume products.

18. Bill of Lading/Delivery Ticket: The successful Bidder shall enclose a complete packing slip or delivery ticket with any items ordered and delivered under the awarded contract. The packing slip or delivery ticket shall include at a minimum, the following information: purchase order number, date of order, and a complete listing of items delivered.

19. Invoices and Statements: Invoices or statements for product and/or for processing of USDA donated food shall be submitted in triplicate to MOR in care of Van Eerden Foodservice Company, 650 Ionia SW, PO Box 3110, Grand Rapids, MI 49501-3110 for payment along with the vendor invoice and receiving documentation. Invoices or statements shall contain the following information: purchase order number, item number, item description, quantity, unit price, extended totals, and applicable discounts for items delivered. All prices, terms and discounts must be listed on the statement. Failure to enter the above information on the invoice or to submit a timely invoice may cause a delay in payment. Payment shall be made on partial deliveries accepted by Van Eerden Foodservice Company on behalf of MOR. Both Van Eerden Foodservice Company shall in turn, bill schools for the cost of product and will add a fixed fee for delivery. Both Van Eerden Foodservice Company shall maintain records regarding purchases of commercial or food processed food entitled by and received by each school and district or entitlement agency.

20. Approved State of Michigan USDA Donated Foods/Food Processor: Any manufacturer awarded a USDA Food-processing contract must have in place a National Processing Agreement or have applied for or received a Master Contract and become listed as an Approved USDA Food Processor by the State of Michigan. Additionally, approved USDA Summary End Product Data Schedules must be provided to the State of Michigan, Michigan Department of Education (MDE), Food and Nutrition Unit within the time specified. MOR will also file SEPDS with MDE for all products selected to meet MOR members’ needs.

21. USDA Processed Donated Foods: It is desire of MOR to fully use USDA…