Produce RFP - OCNC FY23-27.pdf

Oregon Child Nutrition Coalition

3083 NE 49th Place, #208

Hillsboro, OR 97124 www.ocnc.org

Request for Proposals Produce and Delivery #2023-02

Beginning School Year 2022-23

Issue Date – July 28, 2022

Due Date – August 29, 2022

Contact Person

Nathan Roedel, Co-Executive Director

Oregon Child Nutrition Coalition

(503) 844-1461 info@ocnc.org

Proposal responses to be emailed and received by 2:00 p.m. PDT on due date specified http://www.ocnc.org mailto:info@ocnc.org

THIS PAGE INTENTIONALLY LEFT BLANK

OCNC PRODUCE RFP 2023-02

OCNC Produce RFP #2023-02 Overview

OCNC is a non-profit corporation that is made up of Child Nutrition (CN) program-only operators agreeing to purchase cooperatively to take advantage of volume prices for food products and supplies. Members include non-profit food service departments of public and private school districts as well as programs in support of education services in the state of Oregon. OCNC members represent approximately 30% of the total Oregon schools student enrollment. A recent member list is included as Attachment G.

Your firm is invited to submit a proposal to provide fresh produce and delivery services to Oregon Child

Nutrition Coalition (OCNC) members. This awarded agreement is intended to allow a maximum of four (4) annual renewals upon the consent of all parties through the 2026-2027 school year. The approximate total dollar value of purchases through 2022-23 school year is estimated at $1M. Please note this estimate is based upon volume prior to the COVID-19 pandemic and is intended for estimation purposes.

Enclosed are instructions and proposal requirements. All RFP documents are posted at:

http://foodrfp.ocnc.org, under the subheading “Produce RFP.”

By submitting a proposal, proposers certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other proposer, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, or services.

Pursuant to Oregon Revised Statute (ORS) Chapter 200, 2 CFR 200.321, and as a matter of commitment, OCNC encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. OCNC also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information please visit https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

If the contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Firm Outreach Plan (Attachment A) prior to execution.

Only one proposer will be selected for award of this RFP solicitation. OCNC members will follow local procurement procedures to establish individual contracts with the successful proposer. Delivery of products shall be to member-identified locations throughout the state of Oregon.

Proposers must offer pricing in the form of cost reimbursement minus discounts and deviations plus a fixed fee.

OCNC PRODUCE RFP 2023-02

http://foodrfp.ocnc.org https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

Produce Request for Proposal Calendar

Produce RFP Issued July 28, 2022

Questions and errors due, 4 pm PDT August 4, 2022

Answers to questions and errors posted August 5, 2022

Produce RFP Response due 2pm PDT August 29, 2022

Notice of Intent of Award September 1, 2022

End of the proposer protest period September 11, 2022

DEFINITIONS

CFR - Code of Federal Regulations governing federal programs and activities

Contractor –shall mean the successful proposer

Contract Unit Price – means the total price per unit charged to the OCNC member for a product delivered to the member’s sites. The contract unit price consists of three components: Delivered Cost, less Product

Allowance, plus Fixed Fee.

Dark Drop – Deliveries to individual OCNC member sites that occur at a time when an employee of the

OCNC member is not there to sign for the delivery.

Delivered Cost – manufacturer, grower or private label holder commercial price per unit to the proposer inclusive of standard freight. The delivered price shall be based on FOB destination. Delivered Cost shall exclude all costs that are covered in the Fixed Fee.

Fixed Fee – the firm fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of issue. The fixed price is the only method for the proposer to bill OCNC members for all aspects of contract performance other than Delivered Cost.

DAS - The Oregon Department of Administrative Services. State agency that manages and administers state procurement and contracting provisions

DOJ - The Oregon Department of Justice.

FSMC - A Food Service Management Company (FSMC.) They can provide services for Sponsors such as serving, producing, and supplying prepared foods. FSMCs can also provide program operational, facility management, and staffing services to Sponsors.

Material Change – shall mean the amount of increase in either volume of cases or dollars expended that would change a proposer’s response. Material change shall be an increase over 18% of the estimated dollar value of the award. Estimate dollar value to be $800,000 to $1,000,000 per year.

Memo of Understanding – (MOU) During the term of the RFP there may be unforeseen issues as to price, delivery, quality, shortages, etc. Memos of Understanding are mutual agreements between the Proposer and OCNC on how to resolve these issues. MOU’s are posted on the OCNC web site. MOU’s shall not create a material change in the agreement.

Non-responsive – a proposal is considered “non-responsive” if the proposal has not been prepared in full compliance with the requirements.

OCNC – Oregon Child Nutrition Coalition. A 501(c)3, public non-profit incorporated group of qualifying

Child Nutrition programs that have agreed to purchase cooperatively to take advantage of volume prices for foods and supplies. A member list and copy of the member contract is on the OCNC web site.

OCNC Staff – shall mean either Cindi Hiatt-Henry, chhenry@msd.k12.or.us , Co-Executive Director or

Nathan Roedel, nate@ocnc.org , Co-Executive Director.

OCNC web site – www.ocnc.org

ODE – Oregon Department of Education

OregonBuys – State of Oregon Procurement Information System, www.oregonbuys.gov

OSNA – The Oregon School Nutrition Association, a state-affiliate of the national organization, School

Nutrition Association.

Product Allowance – discounts, rebates, and allowances to be passed on to OCNC members. All discounts, rebates or allowances on particular items which are reflected in the amounts shown on the face of the manufacturer’s, grower’s or private label holder’s invoice (referred to as “off-invoice allowances”) or otherwise given to the proposer by the manufacturer, grower or private label holder, shall be passed on by the proposer to the OCNC member, in the form of an up-front price reduction.

Produce RFP – Produce Request for Proposal #9617.

Proposer - shall mean the person, firm, or vendor that submits an offer in response to this solicitation.

Proposer email list – a list of manufacturer, distributor, vendor and broker’s email addresses of companies or individuals who wish to be notified of OCNC procurement activities. Companies or individuals can be added to the list by emailing info@ocnc.org

Responsible – accountable or capable to meet the terms of the contract for the goods, products or services being procured.

Responsive – a proposal is considered “responsive” if the proposal has been prepared in full compliance with the requirements and in consideration of time and format expectations outlined in the procurement activity.

Sponsor - the governing body, which is responsible for the administration of one or more schools; and has the legal authority to operate the Child Nutrition Program therein or be otherwise approved by FNS through ODE to operate the Child Nutrition Program.

School Year – a 12 month period starting July 1 of a calendar year and ending June 30 of the following calendar year.

Specification – description of product or service that a purchaser seeks and a description of what a proposer must offer.

USDA –United States Department of Agriculture

OCNC PRODUCE RFP 2023-02

mailto:chhenry@msd.k12.or.us mailto:nate@ocnc.org http://www.ocnc.org

DOCUMENT PREPARATION INSTRUCTIONS

1. Document Submittal

An electronic copy of all requested documents, spreadsheets, and supporting materials shall be submitted in the means and methods provided to pre-qualified proposers.

The Entire proposal, including this solicitation document, is to be submitted with sections correctly filled out. Proposals will not be considered if transmitted after the time and date specified in the advertisement and announcement calling for proposals. It shall be the proposer’s sole risk and responsibility to ensure delivery to the designated location by the designated time.

2. Signatures

Proposal quotations and signatures must be submitted on Attachment A provided and shall be signed as follows:

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

b. In the case of a partnership, the name of the partnership must appear on such proposal and it shall be signed in the name of such partnership by at least one partner. In addition to such signature, the names of all partners shall be stated in the submitted proposal.

c. In the case of a corporation, the corporate name shall be subscribed by the president or other managing officer and there shall be set forth under the signature of such officer the name or the office they hold and the capacity in which they act for such corporation.

3. Errors and Clarifications

Any proposer who has questions, finds errors, or needs clarification, must send them by email only to: info@ocnc.org not later than 2:00 pm Pacific Daylight Time, August 4, 2022. Written responses will be posted on the OCNC website on August 5, 2022 the Food and Supply RFPs page.

All addenda must be acknowledged on Attachment B. OCNC is not responsible for any alleged explanation, clarification or interpretation made or given in any manner except by addenda.

4. RFP Preparation

Where applicable, no erasures are permitted. Mistakes may be crossed out and corrections made adjacent and must be initialed by the person authorized to sign the proposal.

GENERAL TERMS AND CONDITIONS

1. Acceptance of Conditions

Each proposer, by the submission of a proposal, assents to each and every term and condition set forth anywhere in these instructions, specifications, and addenda; agrees to be bound thereby.

2. Force Majeure

Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by

Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, Force

Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor, OCNC, or its members.

3. Insurance Requirement

The contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers.

Contractor must also carry at least $1,000,000 general liability insurance.

4. Bonds or Contract Payment Retention

Neither performance bonds nor contract retention are required or identified within this RFP and the expected performance of any resulting contract(s).

5. Equal Employment Compliance Requirement

By submitting this proposal, the proposer certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon State

Governments, having responsibility for the enforcement of such laws, shall be supplied to OCNC upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders.

In accordance with Federal civil rights law and USDA civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance.

Persons with disabilities who require alternative means of communication for program information

(e.g. Braille, large print, audiotape, American Sign Language, etc.) should contact USDA's TARGET

Center at 202-720-2600 (voice and TDD).

To file a program complaint of discrimination, write to:

USDA

Director, Office of Civil Rights

1400 Independence Avenue, S.W.

Washington, DC 20250-9410

800-795-3272 (voice) or 202-720-6382 (TDD)

OCNC members are equal opportunity providers.

6. Oregon Products Preference

Pursuant to ORS 279.021, goods manufactured or produced in Oregon shall be preferred if price, fitness, availability and quality are otherwise equal.

7. Non-assignability

Neither the resulting contract(s) nor any interest of the contractor(s) therein can be transferred to any other person or persons without the written consent of the members of the OCNC and any such attempted transfer shall be utterly void and may be treated by the members of the OCNC as a willful failure or refusal on the part of the contractor(s) to perform the contract(s) according to its/their terms and conditions.

8. Audit

The OCNC, the ODE, USDA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The contractors must maintain all required records for three years after OCNC members make final payment and all other pending matters are closed.

(OMB Circular A-102)

OCNC staff shall audit pricing for a variety of products OCNC members have purchased minimally once per year. Any information used and deemed trade-secret shall be wholly returned and/or protected as such by OCNC on behalf of the successful proposer.

9. Debarment & Suspension Disclosures

If any proposer has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, the proposer shall disclose that information in its offer on

Attachments C and D. Proposer shall sign Attachments C and D. Failure to do so shall result in rejection of its proposal.

10. Indemnity or Hold Harmless

The proposer shall defend, indemnify and hold harmless the OCNC from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this proposal by the proposer, its agents, employees, and subcontractors or any one for whom the proposer is responsible. Any provisions or limits of insurance set forth in this proposal shall not limit the proposer’s liability. The obligations, indemnities and liabilities assumed by the proposer under this paragraph shall not extend to a liability caused by the negligence of the OCNC or its officers.

11. Non-Collusion

By signing the offer and acceptance form or other official contract form, the proposer certifies that this price is offered without any prior understanding, agreement or connection with any corporation, firm or person submitting a price for the same products. The proposer certifies that they understand that collusive bidding is a violation of federal/state law and shall be grounds to reject a proposal as non-responsive.

12. Cancellation

Contracts resulting from this proposal may be canceled by email notification under the following conditions:

a. By mutual agreement of the individual OCNC member and the proposer. Termination under this provision requires 30 days written notice.

b. By the OCNC members for breach by the proposer of their respective obligations, as well as failure to meet the terms and conditions as set forth in this proposal.

c. By the OCNC members for non-availability or non-appropriation of sufficient funds.

d. By whatever terms and conditions the OCNC member has included in their contract with the successful proposer.

13. Delivery

Proposer must agree to deliver to all OCNC members that utilize solicited services described in this

RFP. Attachment G is a list of members. This is a pass/fail requirement.

SPECIFIC TERMS, CONDITIONS AND INSTRUCTIONS

1. The Produce RFP will be issued including specifications for approved products. It will be posted to the OCNC website as well as posted and advertised through the OregonBuys statewide procurement system.

2. Proposer will comply with the Buy American requirement, which dictates that schools participating in the federal meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable (7 CFR 210.21(d). Domestic USDA Foods or product means an agricultural USDA Foods that is produced in the US and a food product that is processed in the US substantially (at least 51%) using agricultural commodities that are produced in the US.

3. Proposer must note for each product offered if it meets the Buy American requirement on

Attachment F, Price Quote Pages. Individual OCNC members will be responsible to evaluate the product’s qualification for an exemption.

4. Proposer is to complete Attachment F Price Quote Sheet by filling in:

a. Brand name if applicable

b. MPC Code if applicable

c. Qualify Buy American – yes or no

d. Delivered Cost as defined

e. Product Allowance as defined if applicable

f. Fixed Fee as defined

5. In the event a product listed is not currently available, the proposer is to fill in zero (0) for delivered price. Only items with prices offered by all proposers will be used to calculate extended totals.

Items with zero for the delivered price by any proposer shall be eliminated from all proposals.

6. The product list includes an estimated purchase amount, where available. The estimated number of units to be purchased of each item as presented on the RFP is based on past purchase history.

The number represents "best estimates" only and does not constitute or imply any commitment by the OCNC members as to the maximum or minimum volume of units to be purchased under this proposal.

7. Should the quantities of any of the products be increased, the proposer shall furnish the additional products at the unit prices quoted, and should the quantities be decreased, payment will be made on the actual quantities ordered and received by OCNC members at the unit price. The proposer will make no claim for anticipated profits or additional compensation of any increase or decrease in quantities.

8. These estimated figures are to be used only for determining the approximate total of the proposal.

Estimates may be affected by prices offered, changes in the USDA meal pattern, changes in funding levels, and USDA food allocations.

9. Price. (required language)

a. The price for each item shall be cost plus a fixed fee, minus discounts/allowances for the school year and will include delivery to the OCNC member's child nutrition program sites.

Prices may be extended not more than 3 decimal points. Extension for all line items, using standard number rounding, must be shown where required on the RFP.

Proposer must price products to all OCNC members according to the terms, instructions and conditions defined in this document or subsequent Memorandums of Understanding.

No OCNC member is to be charged additional fees or granted additional discounts on items listed on this RFP; including fuel surcharges.

b. Cost Reimbursable Pricing (cost + fixed fee - discounts/allowances)

If pricing is offered through a cost-reimbursable method the following provisions in 7 CFR

210.21(f), 7 CFR 220.16(e), and 7 CFR 250.23 are applicable:

- Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the awarded proposer of any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority;

- The awarded proposer must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account);

or

- The awarded proposer must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification;

- The awarded proposer’s determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars;

- The awarded proposer must identify the amount of each discount , rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the State agency, the school food authority may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually;

- The awarded proposer must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and

- The awarded proposer must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the State agency or the USDA/FNS

Departments.

- Prohibited Expenditures. No expenditure may be made from the nonprofit school food service account for any cost resulting from a cost reimbursable contract that fails to include the requirements of this section, nor may any expenditure be made from the nonprofit school food service account that permits or results in the awarded proposer receiving payments in excess of the contractor’s actual, net allowable costs.

10. Only the Delivered Price component of the Contract Unit Price is subject to adjustment. After the first order week, if the proposers delivered price changes for any or all contract unit prices, the contract unit price shall be changed for the next week’s ordering. Proposers are to describe the ordering system on Attachment E.

AWARD OF CONTRACT

1. The OCNC Board of Directors shall function as the evaluation committee for all proposals.

2. OCNC herein expressly reserves the rights:

a. to reject any and all offers;

b. to waive any irregularities in the proposals submitted if deemed immaterial;

c. to select the proposal that is in the best interest of OCNC and its members;

d. to reject any proposal not in compliance with prescribed public bidding procedures and requirements pursuant to ORS 279, ORS 279b and applicable OAR’s (137);

e. to change specific products being purchased as a result of the product being discontinued, the product no longer qualifying as the needed meal component, changes in the United

States Department of Agriculture (USDA) meal requirements or changes in funding levels.

3. Proposals will not be made part of the public record until after the evaluation process and Notice of

Intent to Award is completed.

4. An award to any proposer shall not constitute a rejection of any other offer.

5. In the event two or more offers shall be for the same value, the members of the OCNC may award the RFP as they deem appropriate or most advantageous.

6. In case of any conflict between the terms and conditions contained herein, the order of authority shall be as follows: (1) Memos of Understanding, (2) Addenda controlling them, (3) Instructions.

7. OCNC shall post the Notification of Award to the website and email solicitation results to all members on or before September 12, 2022.

8. Any proposer wishing to protest the award may do so by filing a written protest within seven calendar days of the issuance NIA. The protest must specify the grounds on which a protest is based. A proposer is only adversely affected if it is next in line for the award as the best responsive and responsible proposer. OCNC will respond in a timely manner to all protests submitted by the due date and time. Protests that are not received on or before September 11, 2022 or do not include the required information may not be considered. Protests will be reviewed based on written documents submitted by the protester and the OCNC response shall be in writing.

9. The OCNC member’s Board of Directors will be the public contract review board with the powers to act in the capacity as defined in Oregon Statutes and Administrative Rules.

10. Proposals shall be scored as follows:

a. Price

i. Lowest extended total – 45 points

ii. Second lowest extended total – 35 points

iii. Third lowest extended total – 25 points

b. Lowest minimum delivery –

i. $.01 to $50.00 – 45 points

ii. $50.01 - $100.00 – 30 points

iii. $100.01 - $150.00 – 20 points

iv. $150.01 - $200.00 – 10 points

v. Over $200.00 – no points

c. Ability to deliver to all members – pass/fail

d. Letters of Reference - 10 points

PERFORMANCE OF CONTRACT

1. Selected products shall be ordered, stored and delivered by individual members.

2. All proposals submitted are understood as containing a warranty that merchandise furnished will be of good and merchantable quality. Delivery will be timely. The OCNC members reserve the right to reject any and all merchandise furnished which does not meet the product descriptions in every aspect.

3. All products delivered to the OCNC members shall conform to applicable requirements by federal, state, or local statutes and/or regulations. Proposer must complete Attachment D, Certification

Regarding Federal Matters.

ANNUAL ADJUSTMENT OF PRICES

Renewal of the contract will be considered in March of each year. Upon renewal of this contract, the fixed delivery fee on each item may be increased or decreased based on the CPI for all Urban Consumers as calculated for (June 2nd quarter) calendar year by using the US Bureau of Labor and Statistics CPI Inflation

Calculator to derive the amount. The calculator is located at:

https://www.bls.gov/data/inflation_calculator.htm

A sample calculation is below. Based on the information below the prices would have been allowed to increase not more than 5.39%.

https://www.bls.gov/data/inflation_calculator.htm

ATTACHMENT A

- SIGNATURE PAGE -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

The undersigned hereby proposes to furnish, within the time specified, the products listed, to be delivered in accordance with foregoing specifications hereto attached, for the amount set opposite each item.

On acceptance by OCNC this becomes a binding agreement.

EMPLOYER FEDERAL IDENTIFICATION NUMBER

EMPLOYER STATE IDENTIFICATION NUMBER (if avail.)

SIGNATURE FOR INDIVIDUAL (or…)

Signature Printed Name

SIGNATURE FOR PARTNERSHIP (or…)

Name of Partnership

Signature of Authorized Representative

Name and Title of Authorized Representative

SIGNATURE FOR CORPORATION

Name of Corporation

Signature of Officer or Agent

Name and Title of Officer or Agent

ATTACHMENT B

- ADDENDA ACKNOWLEDGMENT PAGE -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

I/we acknowledge receipt of the following addenda

Note addenda number, date and signature to acknowledge receipt.

Addenda Number Signature— Date

ATTACHMENT C

- DEBARMENT AND SUSPENSION AND MATTERS OF PRIMARY COVERED TRANSACTIONS -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

2 CFR 200.213- Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. 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.

(Before completing certification, read instructions on next page.)

(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 or agency;

(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.

[CONTINUED NEXT PAGE]

ATTACHMENT C (continued)

- DEBARMENT AND SUSPENSION AND MATTERS OF PRIMARY COVERED TRANSACTIONS -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

NOTE: This certification must be completed for all new and renewal contract years when the contract exceeds $100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION -- LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and

Suspension, Title 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture DAS with which this transaction originated.

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

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

Organization Name

Signature of Authorized Representative Date

Name and Title of Authorized Representative

ATTACHMENT D

- CERTIFICATION REGARDING FEDERAL MATTERS -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

Because certain Authorized Purchasers may utilize federal funding to purchase Goods and Services under a Contract, all Proposers must complete and submit this certification as part of submitting a Proposal. If federal terms and conditions are applicable to a Contract, the Sponsor will attach and incorporate the specific relevant federal provisions into the purchase order form.

Certification

Proposer certifies that Proposer shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to a Contract. 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).

[CONTINUED NEXT PAGE]

ATTACHMENT D (continued)

- CERTIFICATION REGARDING FEDERAL MATTERS -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

(7) 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

(8) 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)

Organization Name

Signature of Authorized Representative(s) Date

Print Name and Title of Authorized Representative(s)

ATTACHMENT E

- PROPOSER ADDITIONAL INFORMATION -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

1. Minimum Delivery – Select and specify a minimum order dollar value

⬜ $.01 to $50.00 .

⬜ $50.01 - $100.00 .

⬜ $100.01 - $150.00 .

⬜ $150.01 - $200.00 .

⬜ Over $200.00 .

1a. Will the proposer deliver if the minimum is not met for an additional fee?

⬜ (optional) additional delivery fee if minimum order value not met

2. Will Proposers deliver to all OCNC members (check one)?

⬜ YES ⬜ NO

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ATTACHMENT E (continued)

- PROPOSER ADDITIONAL INFORMATION -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

3. Proposer is to describe the ordering system below (one page maximum). Include in the proposed system communication methods of either sending or posting the following information:

> Current pricing information

> Product country of origin information to supplement operators ability to meet the requirements of the Buy

American provision that applies to school food service operators. (supplemental fact sheet available at ocnc.org with Produce RFP #2023-02 documents)

> Ordering methods and deadlines (i.e. online system, email, phone, fax, etc.)

> Coordination of delivery days and times.

ATTACHMENT F

- PRICE QUOTE PAGE -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02

The Price Quote Page, Attachment F, is included as a separate electronic file.

ATTACHMENT G

- OCNC MEMBER LIST -

OREGON CHILD NUTRITION COALITION

PRODUCE RFP #2023-02