REQUEST FOR PROPOSAL

Transcription

1 REQUEST FOR PROPOSAL COMMODITY PROCESSING FOR SCHOOL YEAR Issued on: November 13, 2016 Addendum Issued: November 21, 2016 Final date for written questions: January 6, 2017 Bid due date: January 12, 2017 at 10:00 am (EST) No late offers will be accepted for any reason. Download full solicitation packet here: Commodity RFP Submit questions in writing to: Meredith Bailey, Bid Committee Chair Responses to questions: Commodity RFP Submit proposals by mail or in person to: Sherry Kottke, Food Service Director Jefferson-Morgan School District 1351 Jefferson Road P.O. Box 158 Jefferson, PA Page 1 of 29 RFP # Commodity Initials

2 Intent The Pittsburgh Regional Food Service Directors (PRFSD) is seeking proposals for commodity processing products and pricing for the school year on behalf of its member school districts. The intent and purpose of this solicitation is to: 1. identify products available for further processing of USDA Foods. 2. secure processing services such USDA Foods allocated to member districts. 3. obtain pricing for those items to be purchased fee-for-service (FFS) as well as those items to be purchased through commercial distribution (NOI and MFFS) with all end products to be delivered to designated warehouse/distributor facilities as identified by PRFSD. 4. outline the terms and conditions required of a successful bidder. Contract Period The term of this contract shall commence on July 1, 2017 and terminate on June 30, All end products offered shall be made available for the duration of the contract period for the contract price and under the conditions outlined in this RFP. Bid Submission ed or faxed bids will not be accepted. Bids are to be mailed or delivered in person to: Sherry Kottke, Food Service Director Jefferson-Morgan School District 1351 Jefferson Road P.O. Box 158 Jefferson, PA Late bids shall not be accepted; however, at the discretion of PRFSD, if the bidder submits bid documents with informalities or omissions which PRFSD believes to be submitted in error, the bidder may be contacted and given 7 calendar days from the time of the bid opening to make any corrections or provide any missing information. PRFSD has the right to waive any and all informalities. PRFSD is not responsible for any costs associated with responding to this solicitation. All questions should be submitted by to Meredith Bailey, Bid Committee Chair at meredith.bailey@kiskiarea.com. This contact is the sole contact for questions regarding this RFP. Questions and answers will be posted on the PRFSD webpage under Commodity RFP Page 2 of 29 RFP # Commodity Initials

3 All required Appendixes must be signed by the manufacturer (no brokers) and each page of this solicitation must be initialed prior to submission. Failure to sign these documents may render the manufacturer ineligible for award. The full solicitation includes the 29-page RFP, Addendum, the Bid Spec Sheet and the Bid Offer Sheet. These documents can be downloaded from under Commodity RFP. Bid Spec Sheet: The Bid Spec Sheet lists specifications for items commonly used in the previous school years and are expected to be stocked at the distributor. Bid Offer Sheet: PRFSD is always searching for new and trending items for the students we serve. In addition to the Bid Spec Sheet, we have included a Bid Offer Sheet for items to add additional NOI, MFFS, or FFS items. Products and pricing listed on the Bid Offer Sheet will be made available to the member districts provided the processing RFP is agreed to by the manufacturer; however, they may or may not be added to the final bid list of bid items stocked by the distributor. Stocking these items will be at the discretion of PRFSD and the distributor. Special Order status may apply. It is important that the manufacturer list any and all commodity products that they wish PRFSD to consider adding to the final bid for which may not be listed on the Bid Spec Sheet. PRFSD intends to review the items listed on the Bid Offer Sheet for possible inclusion on the final bid of items stocked at the distributor. Complete all information requested on the forms above for each item offered. All pricing submitted is to be the price into the distributor. All items offered for sale to PRFSD are to be entered and returned in electronic format, preferably on a flash drive. Award Evaluation Awards will be offered based upon the following the following criteria: Compliance Requirements Price per unit (case, serving, pound, ounce) Quality of Products Offered Qualifications/Experience of Processor Service History Historically-Underutilized Business or Minority/Woman-Owned Business Enterprise (HUB/MWBE) Awards will only be granted to manufacturers who have an approved state processing agreement with the Pennsylvania Department of Agriculture (PDA). Page 3 of 29 RFP # Commodity Initials

4 The manufacturer must be an approved commodity manufacturer by the PDA and USDA. Any transfer or assignment of this RFP by the manufacturer is prohibited and will result in adverse action in accordance with the terms outlined in Termination/Default and Settlement. Awards will only be made to manufacturers deemed to be responsible. Any Bidder will be deemed a nonresponsible Bidder who has: demonstrated poor performance. does not have the physical or financial capacity to accept and process USDA foods. does not have the capacity to efficiently store and/or deliver the end products awarded, in a safe and efficient manner. proven record of being incapable to carry out terms of a contract of this size and type. A manufacturer may be considered unreliable, and thus non-responsive if for any reasons, other than reasons beyond their control, they have violated any of the requirements listed in the terms of this RFP, have caused the cancellation of a contract of this type, or have failed to properly communicate with PRFSD on matters essential to a contract of this type. All offers received will be made available to all interested parties after the submission deadline and upon completion of all negotiations and contract awards. PRFSD reserves the right to reject any and all offers. One (1) proposal per manufacturer will be considered. In the event that two (2) proposals are received from the same manufacturer, PRFSD reserves the right to decide which proposal will be considered. PRFSD reserves the right to award processing contracts to more than one (1) manufacturer if such a decision is found to be in the best interest of its membership. Piggybacking A current membership list is included with the documents provided on the PRFSD webpage found at under Commodity RFP. An updated membership list for school year will be provided to all awardees prior to July 1, 2017 by visiting the PRFSD webpage listed above. The provisions of this RFP will be extended to any additional PRFSD school district members throughout the school year. Quality Processed products are expected to be handled under the highest standards of quality control. PRFSD expects the highest quality product available at an acceptable price. The manufacturer is responsible for the quality of the product being offered and subsequently awarded. If at any time a product proves to be in violation of the original product specification, PRFSD reserves the right to terminate the contract according to the terms outlined in Termination/Default and Settlement. Page 4 of 29 RFP # Commodity Initials

5 Manufacturers will ensure that all processing procedures are in compliance with all appropriate Agricultural Marketing Service (AMS) requirements as well as, but not limited to, any other state or federal regulatory requirements for labeling, yields, grades, HACCP or other food safety measures. In the event that end products are found to be contaminated, arrangements for credit will be made with the manufacturer or the PDA and the RA as appropriate. If the contamination is due to a lack of quality control at the processing plant, PRFSD has the right to exercise its option under Termination/Default and Settlement. Buy American Provision Schools and institutions participating in the NSLP and SBP are required by law to use Child Nutrition (CN) funds, to the maximum extent practical, to buy domestic commodities or products for meals served under these programs. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. The term substantially means that over 51 percent of the final product consists of agricultural commodities that were grown domestically. Therefore, when CN funds are used to acquire foods, schools and institutions must ensure that the items are in compliance with this requirement. Orders The total number of cases of end products due to a RA will be coordinated between the manufacturer and distributor. A RA reserves the right to deal directly with the manufacturer or broker regarding orders. The manufacturer shall guarantee a yield of finished product according to the PDA-approved EPDS for each item awarded. It is understood that the actual yield may be greater than the guaranteed yield. Deliveries The Cooperative expects delivery of specified end products received FFS at the warehouse facility by the following dates provided that USDA Foods are diverted to the manufacturer as requested in Web-Based Supply Chain Management (WBSCM) in a timely manner. End Product Approximate % of Processed Product Delivery Date Any 35% Aug. 1, 2017 Any 35% Nov. 1, 2017 Any 30% Feb. 1, 2018 All USDA Foods awarded to the manufacturer may be processed during one processing run, if available. The manufacturer may be required to hold end products in company storage or at company expense in order to accommodate requested deliveries of end products during the course of the contract year. Page 5 of 29 RFP # Commodity Initials

6 Products may be accepted modified fee-for-service through commercial distribution with other commercial deliveries. RAs may elect to take direct-to-district deliveries if they are able to meet the minimum shipping requirements of the manufacturer. All aspects of deliveries are to be arranged between manufacture and RA. Rework is declined for all participating RAs. The value of the USDA Food may not be sold at any time for any reason. All end products are to be labeled with a full-size label that clearly identifies the manufacturer by name, the plant number where the product was processed, and the product name and code. The product name and code delivered is to be consistent with that reported to the PDA. All quoted prices are to be based upon finished weight of the end product received. The manufacturer agrees to deliver end products in palletized loads freight on board (FOB) to warehouse facilities approved and designated by PRFSD. The warehouse manager, under a distribution contract with PRFSD, and its members reserve the right to refuse any and all, in whole or in part, deliveries which do not meet specifications, purchasing order, or quality demand. Deliveries must also be made under the conditions found in Delivery (Equipment). End products are to be delivered in good condition. Damaged merchandise will be returned to the manufacturer for credit. Delivery (Equipment) The warehouse manager, under a distribution contract with PRFSD, reserves the right to reject the use of any equipment by a manufacturer s carrier if it is not in a clean, sanitary condition and suitable for hauling of all goods. Such carrier will assume full common liability for all shipments. Upon request, each carrier shall furnish a Certificate of Insurance issued by an insurance company showing that PRFSD is protected from loss or damage to property of third persons or to the carrier s own property, loss or damage to district commodities, and injury or death to third persons or the carrier s employees. PRFSD is entitled to receive, at no cost, copies of all insurance policies and endorsements relating to this RFP and, upon review, make reasonable requests for deletion, revision, or modification of policy terms, conditions, limitations, or exclusions. Invoices/Statements Invoices for the processing of USDA Foods, utilizing FFS for the purchase method, are to be paid by each RA. Therefore, invoices should be issued to each RA according to the number of cases of end products Page 6 of 29 RFP # Commodity Initials

7 received. RAs will only pay for product received at designated storage facilities, so partial shipments will require partial billing. Net-off invoice (NOI) is only approved if the manufacturer is approved by the state office for this option and products are routed through a distributor who is also approved by the state office for this option. The discount off invoice should be equal to the value of the commodity as of the November 15, 2016, average pricing index or other state-approved method for determining the value of the USDA Food. Manufacturers are asked to provide manufacturer cost to distributor for NOI items at the time this processing proposal is submitted. There will be no future solicitation of commodity processing or pricing for the school year by PRFSD. Any USDA-approved price changes to the SEPDS during the school year must be communicated to the co-op within 14 days of USDA approval. Discounts, Rebates, Allowances, and Incentives Allowable costs will be paid from the nonprofit school food service account to the manufacturer net of all discounts, rebates, and other applicable credits accruing to or received by the manufacturer or any assignee under the contract, to the extent those credits are allowable to the allowable portion of the costs billed to the RA. All discounts, rebates, allowances, and incentives shall be payable to the appropriate PRFSD member district. Product Documentation All products offered are to be free of artificial trans fat. Naturally-occurring trans fat must be clearly stated on the product label or in a separate formulation and/or certification statement to document trans fat requirements for purposes of USDA regulations. Whole-grain rich (at least 8 grams of whole grain per serving) products are preferred. Grain equivalents are to be calculated according to the USDA grain instruction, SP Whole-grain content must be clearly stated on the product label or in a separate formulation and/or certification statement to document whole-grain requirements for purposes of USDA regulations. Any product contributing to the vegetable component of the meal pattern requirements shall be identified in its appropriate subgroup, i.e. ROV-Red/Orange Vegetable, DGV-Dark Green Vegetable, LV- Legume Vegetable, SV-Starchy Vegetable, and V-Other Vegetable. Vegetable subgroups for breaded, processed vegetable items or mixed vegetable blends must be clearly stated on the product label or in a separate formulation and/or certification statement to document vegetable subgroup requirements for purposes of USDA regulations. A copy of Child Nutrition (CN) labels, signed product analysis sheets/formulation statements, nutrition facts labels, ingredient statements, and/or S/EPDS, as appropriate, are required to be submitted with the Page 7 of 29 RFP # Commodity Initials

8 proposal for each item offered for sale. Documents are to be submitted in electronic format, preferably on a flash drive. Paper copies of these documents will not be accepted. Standard Terms and Conditions: The manufacturer agrees to comply with all local, state, and federal laws and regulations governing its existence, including the following: (1) The manufacturer and RA mutually agree to comply with all applicable standards, orders or requirements issued pursuant to Section 306 of the Clean Air Act (42 USC 1857 [h]), Section 508 of the Clean Water Act (33 USC 1368), Executive Order and Environmental Protection Agency regulations (40 CFR Part 15). Any violations thereof shall be reported to the appropriate authority. Each party shall not be responsible to the other for acts beyond its control or acts caused by the negligence of the other party. (2) The manufacturer agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L ). (3) The manufacturer shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60. (4) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by the Department of Labor regulations (29 CFR, Part 5). (5) The manufacturer shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-6, Civil Rights Compliance and Enforcement in School Nutrition Programs. (6) The manufacturer shall comply with the Buy American provision for Contracts that involve the purchase of food and/or beverages as per 7 CFR Part 250. (7) The manufacturer shall comply with the provisions of the Consumer Product Safety Act. (8) The manufacturer shall complete and sign the Non-Collusion Affidavit; Certification Regarding Debarment/Suspension; Certification Regarding Lobbying and Disclosure of Lobbying Activities and shall include these documents as part of the response. (See attachments.) (9) The manufacturer shall abide by all applicable State and Federal laws and policies of the governing state agency when providing services under this agreement. Page 8 of 29 RFP # Commodity Initials

9 Certification Regarding Debarment/Suspension The Certification Regarding Debarment/Suspension is found in Attachment A of this RFP. Certification Regarding Lobbying The Certification Regarding Lobbying is found in Attachment B of this RFP. Disclosure of Lobbying Activities The Disclosure of Lobbying Activities is found in Attachment C of this RFP. Non-Collusion Affidavit The Non-Collusion Affidavit is found in Attachment D of this RFP. Reciprocal Limitations Act Requirements The Reciprocal Limitations Act Requirement is found in Attachment E of this RFP. Historically-Underutilized Business (HUB) and Minority/Woman-Owned Business Enterprise (MWBE) Disclosure The HUB/MWBE disclosure form is found in Attachment F of this RFP. Non-Collusion Clause The manufacturer certifies that neither themselves nor the firm, corporation, partnership, or institution represented by the manufacturer, or anyone acting for such firm, corporation, partnership, or institution has violated the antitrust laws of the Commonwealth of Pennsylvania, nor communicated directly or indirectly the proposal presented to any competitor or any other person engaged in such line of business for the purpose of obtaining information or gaining any favoritism that would in any way limit competition or give themselves an unfair advantage over other manufacturers in the awarded of this RFP. The manufacturer hereby assigns to the RAs of PRFSD any and all overcharges associated with this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1 et. seq. (1973), and which arise under the antitrust laws of the Commonwealth of Pennsylvania. Ethics Clause The manufacturer affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or PRFSD member district employee or agent in connection with the Page 9 of 29 RFP # Commodity Initials

10 contract award. The manufacturer is required to disclose, in writing, any and all relationships that may present a conflict of interest to Meredith Bailey, Bid Committee Chair. Record Retention and Access The manufacturer agrees to make available to local, state, and federal auditors all information or records required for the continued operation of the RA s Child Nutrition Program (CNP) and PRFSD at no cost. All records related to this RFP must be retained for five (5) years after final payment is made under this RFP and all pending matters are closed. If any audit, litigation, or other action involving this RFP is started before the end of the five (5) year period, all related records must be retained by the manufacturer until all issues arising out of the action are resolved or until the end of the five (5) year period, whichever is later. Termination/Default and Settlement PRFSD reserves the right to expect services in accordance with this RFP. The manufacturer shall be given a grace period of ten (10) working days to remedy any violation of this contract and any subsequent addendums. After that time, PRFSD may terminate this contract with a final notice of ten (10) working days. In the event that the manufacturer is unable or unwilling to maintain this contract, voluntarily or involuntarily, it agrees to notify PRFSD, in writing, at least thirty (30) days prior to its intent to terminate or default on the contract. Upon termination or default of this contract, the outstanding balance of invoices for end products already received will be paid with no additional settlement made on the part of PRFSD. If end products are due from the truckload of USDA Food diverted, arrangements to receive end products or appropriate compensation will be coordinated between PRFSD, the RA, PDA, and the manufacturer. Bid Protest Procedures Any protest shall comply with and be resolved according to state and local code. All protests shall be in writing. Protest forms and instructions are provided on the PRFSD Commodity RFP page found at Page 10 of 29 RFP # Commodity Initials

11 Offer Agreement In compliance with and subject to all the terms and condition of this RFP, the undersigned offers and agrees to provide PRFSD the products and pricing awarded as a result of the manufacturer s response to this RFP. Manufacturer Name: Street Address: City, State, Zip: Contact Person: Phone: Manufacturer Representative Signature _ Title Date _ ATTACHMENTS ATTACHMENT A: CERTIFICATION REGARDING DEBARMENT/SUSPENSION ATTACHMENT B: CERTIFICATION REGARDING LOBBYING ATTACHMENT C: DISCLOSURE OF LOBBYING ACTIVITIES ATTACHMENT D: NON-COLLUSION AFFIDAVIT ATTACHMENT E: RECIPROCAL LIMITATIONS ACT REQUIREMENTS ATTACHMENT F: HISTORICALLY-UNDERUTILIZED BUSINESS (HUB) AND MINORITY/WOMAN-OWNED BUSINESS ENTERPRISE (MWBE) DISCLOSURE Page 11 of 29 RFP # Commodity Initials

12 ATTACHMENT A: CERTIFICATION REGARDING DEBARMENT/SUSPENSION Certification Regarding Debarment/Suspension By signing and submitting this certification, the prospective lower tier participant is providing the certification set out in accordance with federal regulations. 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. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of change circumstances. 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 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this form that it will include this clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 Nonprocurement List. 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. Except for transactions authorized under these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 12 of 29 RFP # Commodity Initials

13 This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section , Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulations may be obtained by contacting the Department of Agriculture agency 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 agency. 2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name: _ PR/Award Number or Project Name: Name and Title of Authorized Representative: Signature: Date: Page 13 of 29 RFP # Commodity Initials

14 Certification Regarding Lobbying ATTACHMENT B: CERTIFICATION REGARDING LOBBYING Applicable to Grants, Subgrants, Cooperative RFPs, and Contracts Exceeding $100,000 in Federal Funds. Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or ill 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 a Federal grant, the making of a Federal loan, the entering into a cooperative RFP, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative RFP. (2) 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 of 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 grant or cooperative RFP, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Date Page 14 of 29 RFP # Commodity Initials

15 ATTACHMENT C: DISCLOSURE OF LOBBYING ACTIVITIES Disclosure of Lobbying Activities Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C (See reverse for public burden disclosure) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. postaward 3. Report Type: a. initial filing b. material change For material change only: Year quarter Date of last report 4. Name and Address of Reporting Entity: Prime Subawardee Tier, if Known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: Congressional District, if known: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): Page 15 of 29 RFP # Commodity Initials

16 name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page 16 of 29 RFP # Commodity Initials

17 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks Subawardee, then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., RFP-DE Page 17 of 29 RFP # Commodity Initials

18 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, DC Page 18 of 29 RFP # Commodity Initials

19 ATTACHMENT D: NON-COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT This Non-collusion Affidavit is material to any contract awarded pursuant to this proposal. According to 4507 of Act 57 of May 15, 1998, 62 Pa.C.S. 4507, governmental agencies may require Non-collusion Affidavits to be submitted with proposals. This Non-collusion Affidavit must be executed by the member, officer or employee of the Proposer who makes the final decision on prices and the amount quoted in the proposal. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of proposals are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Proposer with responsibilities for the preparation, approval or submission of the proposal. In the case of a proposal submitted by a joint venture, each party to the venture must be identified in the proposal documents and an affidavit must be submitted separately on behalf of each party to the joint venture. The term complementary proposal as used in the affidavit has the meaning commonly associated with that term in the proposal process, and includes the knowing submission of proposals higher than the proposal of another firm, any intentionally high or noncompetitive proposal, and any other form of proposal submitted for the purpose of giving a false appearance of competition. Failure to submit an affidavit with the Proposal in compliance with these instructions may result in disqualification of the proposal. NON-COLLUSION AFFIDAVIT State of County of I state that I am the (Title) of (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the prices(s) and the amount of this proposal. I state that: The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, proposer or potential proposer. Page 19 of 29 RFP # Commodity Initials

20 Neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a proposer or potential proposer, and they will not be disclosed before the proposal submission date. No attempt has been made or will be made to induce any firm or person to refrain from proposing on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. (Name of Firm) its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four 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 proposing and/or bidding on any public contract, except as follows: I state that (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied upon by the Pittsburgh Regional Food Service Directors (PRFSD) in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the PRFSD of the true facts relating to the submission of this proposal. Officer Title SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20 My Commission Expires Page 20 of 29 RFP # Commodity Initials

21 ATTACHMENT E: RECIPROCAL LIMITATIONS ACT REQUIREMENTS Please Complete Applicable Portion of Pages 25 and 26 and Return _ NOTE: These Requirements Do Not Apply to Offers Under $10, and will only be applied to federal Child Nutrition Program agreements where allowed by federal regulation. I. REQUIREMENTS A. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering supplies produced, manufactured, mined or grown in Pennsylvania as against those bidders offering supplies produced, manufactured, mined or grown in any state that gives or requires a preference to supplies produced, manufactured, mined or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply. The following is a list of states which have been found to have applied a preference for in-state supplies and the amount of the preference: STATE PREFERENCE 1. Alaska 7% (applies only to timber, lumber, and manufactured lumber products originating in the state) 2. Arizona 5% (construction materials produced or manufactured in the state only) 3. Hawaii 10% 4. Illinois 10% for coal only 5. Iowa 5% for coal only 6. Louisiana 4% meat and meat products 4% catfish 10% milk & dairy products 10% steel rolled in Louisiana 7% all other products 7. Montana 5% for residents * 3% for non-residents* *offering in-state goods, supplies, equipment and materials 8. New Mexico 5% 9. New York 3% for purchase of food only 10. Oklahoma 5% 11. Virginia 4% for coal only 12. Washington 5% (fuels mined or produced in the state only) 13. Wyoming 5% Page 21 of 29 RFP # Commodity Initials

22 B. The Reciprocal Limitations Act, also requires the Commonwealth to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state or exclude bidders from states that exclude nonresident bidders. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found to have applied a preference for in-state bidders and the amount of the preference: STATE PREFERENCE 1. Alaska 5%(supplies only) 2. Arizona 5%(construction materials from Arizona resident dealers only) 3. California 5%(for supply contracts only in excess of $100,000.00) 4. Connecticut 10%(for supplies only) 5. Montana 3% 6. New Mexico 5%(for supplies only) 7. South Carolina 2%(under $2,500,000.00) 1%(over $2,500,000.00) This preference does not apply to construction contracts nor where the price of a single unit exceeds $10, West Virginia 2.5%(for the construction, repair or improvement of any buildings 9. Wyoming 5% C. The Reciprocal Limitations Act also requires the Commonwealth not to specify, use or purchase supplies which are produced, manufactured, mined or grown in any state that prohibits the specification for, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined or grown in such state. The following is a list of the states which have been found to have prohibited the use of out-of-state supplies: STATE PROHIBITION 1. Alabama Only for printing and binding involving messages of the Governor to the Legislature, all bills, documents and reports ordered by and for the use of the Legislature or either house thereof while in session; all blanks, circulars, notices and forms used in the office of or ordered by the Governor, or by any state official, board, commission, bureau or department, or by the clerks of the supreme court.../and other appellate courts/; and all blanks and forms ordered by and for the use of the Senate and Clerk or the House of Representatives, and binding the original records and opinions of the Supreme Court... /and other appellate courts/ 2. Georgia Forest products only 3. Indiana Coal Page 22 of 29 RFP # Commodity Initials

23 4. Michigan Printing 5. New Mexico Construction 6. Ohio Only for House and Senate bills, general and local laws, and joint resolutions; the journals and bulletins of the Senate and house of Representatives and reports, communications, and other documents which form part of the journals; reports, communications, and other documents ordered by the General Assembly, or either House, or by the executive department or elective state officers; blanks, circulars, and other work for the use of the executive departments, and elective state officers; and opinions of the Attorney General. 7. Rhode Island Only for food for state institutions. *If the bid discloses that the bidder is offering to supply one of the above-listed products that is manufactured, mined, or grown in the listed state, it shall be rejected. Contractors are prohibited from supplying these items from these states. II. CALCULATION OF PREFERENCE In calculating the preference, the amount of a bid submitted by a Pennsylvania bidder shall be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency. Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown. Page 23 of 29 RFP # Commodity Initials

24 THIS FORM MUST BE COMPLETED AND RETURNED III. STATE OF MANUFACTURE All manufacturers must complete the following chart by listing the name of the manufacturer and the state (or foreign country) of manufacture for each item. If the item is domestically produced, the bidder must indicate the state in the United States where the item will be manufactured. This chart must be completed and returned. Alternately, a column may be added to the offer spreadsheet to include this same information. ITEM NUMBER NAME OF MANUFACTURER STATE (OR FOREIGN COUNTRY) OF MANUFACTURE IV. BIDDER S RESIDENCY A. In determining whether the bidder is a nonresident bidder from a state that gives or requires a preference to bidders from that state, the address given in this invitation to bid shall be used by the Commonwealth. If that address is incorrect, or if no address is given, the correct address should be provided in the space below: Correct Address: Page 24 of 29 RFP # Commodity Initials

25 B. In order to claim the preference provided under Section I.B., Pennsylvania resident bidders must complete the following or have such information on file with the Issuing Office: 1. Address of bidder s bona fide establishment in Pennsylvania at which it was transacting business on the date when bids for this contract/requisition were first solicited: a. If the bidder is a corporation: (1) The corporation is or is not incorporated under the laws of the Commonwealth of Pennsylvania. (a) If the bidder is incorporated under the laws of the Commonwealth of Pennsylvania, provide date of incorporation: (b) If the bidder is not incorporated under the laws of the Commonwealth of Pennsylvania, it must have a certificate of authority to do business in the Commonwealth of Pennsylvania from the Pennsylvania Department of State as required by the Pennsylvania Business Corporation Law (15 P.S. 2001). Provide date of issuance of certificate of authority: (2) The corporation is or is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must register the fictitious name with the Secretary of the Commonwealth and the office of the prothonotary of the county wherein the registered office of such corporation is located as required by the Fictitious Corporate Name Act, as amended 15 P.S. 51 et seq. Corporate bidders conducting business under an assumed or fictitious name must provide date of registry of the assumed or fictitious name: b. If the bidder is a partnership: (1) The partnership is or is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must file with the Secretary of the Commonwealth and the office of the prothonotary the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended 54 P.S Partnerships conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth: (2) The partnership is or is not a limited partnership formed under the laws of any jurisdiction other than the Commonwealth of Pennsylvania. If the bidder is an Out-of-state limited partnership, it must register with the Pennsylvania Department of State as required by the Act of July 10, 1981, P.L. 237, as Page 25 of 29 RFP # Commodity Initials

26 amended, 59 Pa. C.S.A Out-of-state limited partnerships must provide the date of registry with the Pennsylvania Department of State: c. If the bidder is an individual: He or she is or is not conducting business under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, he or she must file with the Secretary of the Commonwealth and the office of the prothonotary in the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended, 54 P.S Individuals conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth: Page 26 of 29 RFP # Commodity Initials

27 ATTACHMENT F: Historically-Underutilized Business (HUB) Minority/Woman-Owned Business Enterprise (MWBE) Disclosure Companies submitting bids that have been certified as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this solicitation. I certify that my company has been certified as a Historically Underutilized Business (HUB), and I have attached a copy of our HUB Certification to this form. (Required documentation for recognition as a HUB). Minority Small Business Woman Owned My company has NOT been certified as a Historically Underutilized Business (HUB) Company Name (Please Print) Signature of Authorized Representative Page 27 of 29 RFP # Commodity Initials