REQUEST FOR PROPOSAL BID NO. NS Food Products and Paper Supplies

Transcription

1 REQUEST FOR PROPOSAL BID NO. NS Food Products and Paper Supplies Stephanie Siemering Director of Nutrition and Purchasing Services Antioch Unified School District 510 G Street Antioch, CA (925) x42380

2 TABLE OF CONTENTS Table of Contents 2 Notice Regarding Disclosure of Contents of Document 3 Notice of Request for Proposals 4 Bidder Information Sheet 5 Bidder s Checklist 6 Page # Bid Instructions and Conditions 7 16 USDA Nondiscrimination Statement 17 Special Conditions 18 References 19 Discount for Early Payment / Deliveries / Minimum Order 20 Noncollusion Declaration 21 Equal Opportunity Employment 22 Proposal Evaluation Criteria 23 Request for Proposal Signature Page 24 Certification and Disclosure Statements Attachment A: Proposal Worksheet This document is a separate Excel worksheet and can be viewed and downloaded at Note: there is one tab on the worksheet for Food and one tab for Paper Download Separate Excel Spreadsheet Page 2

3 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT All responses to this Request for PROPOSAL (RFP) accepted by the Antioch Unified School District (District) shall become the exclusive property of the District. Upon opening, all proposals accepted by the District shall become a matter of public record and shall be regarded as public information, with the exception of those elements of each proposal which are identified by the preparers as business or trade secrets and plainly marked as "trade secret," "confidential" or "proprietary." Each element of a proposal that an applicant desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the District in any way whatsoever. The California Public Records Act requires disclosure (despite the preparer's request for confidentiality), and the District shall not, in any way, be liable or responsible for the disclosure of any such records or part thereof. Page 3

4 NOTICE OF REQUEST FOR PROPOSALS Bid No. NS Food Products and Paper Supplies NOTICE IS HEREBY GIVEN that the Board of Education of the Antioch Unified School District will receive sealed bids for the purchase of food products and paper supplies in accordance with plans and specifications prepared by the district. The following categories are examples of items to be purchased under this bid. Food products include items categorized as beverages, bread products, cereals, snacks, dry goods, dairy and refrigerated products, center of the plate breakfast and lunch products, frozen items and other food staples. Paper supplies include paper and plastic food trays, as well as other food service preparation supplies. The list is for example purposes only and cannot be considered as all-inclusive nor does it bind the District to purchase any products included, or not included as part of this example. Potential bidders are fully responsible for the choice to respond to this ad. Copies of the bid documents may be requested from Stephanie Siemering, Director of Nutrition and Purchasing Services, via at or downloaded from the District s website at beginning April 18, For assistance accessing documents contact Stephanie Siemering, (925) ext Sealed bids must be received by 1:30 P.M., on Wednesday, May 16, Bids must be submitted to Stephanie Siemering in a sealed envelope, marked with the bid number and title. Deliver in person to the Nutrition Services Office, Antioch Unified School District, 701 West 18 th Street, Antioch, CA If delivering by mail, send to Stephanie Siemering,, Antioch Unified School District, 510 G Street, Antioch, CA It is the vendor s responsibility to ensure that their proposal is delivered to the. Facsimile (FAX) or copies of the bid will not be accepted. Bids in file format on disk or flash drive with the appropriate physical signed pages are acceptable. No bidder s conference will be held. All bidders will be responsible for obtaining any addendums or revisions to the project which will be posted in the same manner as the RFP documents. Questions or comments regarding this RFP must be put in writing and ed to StephanieSiemering@antioch.k12.ca.us no later than midnight on Wednesday, May 2, The Antioch Unified School District shall not be obligated to answer any questions received after the above specified deadline or any questions submitted in a manner other than as instructed above. The District reserves the right to accept or reject any and all proposals or bids or any combination thereof, and to waive any informality in the bidding. Late bids will be rejected without opening. The District reserves the right to award contract(s) Individually, As a Whole, or In Any Combination, whichever would be in the best interest of the District. Award of bid is subject to negotiation of delivery schedules. Published: April 18, 2018 and April 25, 2018 Page 4

5 BIDDER INFORMATION SHEET If this bid has been downloaded from our district website, please fax back this sheet to be added to our bidders list. Attention: Stephanie Siemering, Director-Nutrition and Purchasing Services Fax #: (925) Re: Bid No. NS Food Products and Paper Supplies You are required to fax the following information so that you may be added to the bidders list to receive any Addenda to this bid. Name: Title: Organization: Street Address: City: State/Zip Code: Work Phone: Fax: Questions or comments regarding this RFP must be put in writing and received by the Antioch Unified School District no later than midnight on Wednesday, May 2, Questions are to be ed to The Antioch Unified School District shall not be obligated to answer any questions received after the above specified deadline or any questions submitted in a manner other than as instructed above. Page 5

6 BIDDER S CHECKLIST Vendor s Name: This Bidder s Checklist must be submitted along with your bid document. Failure to submit one or more of the required items may result in the disqualification of the bid. Required Items Bidder Information Sheet Bidder s Checklist (this sheet) Signed Special Conditions References Discount for Early Payment / Deliveries / Minimum Order Noncollusion Declaration Equal Opportunity Employment Request for Proposal Signature Page Certification and Disclosure Statements Evidence of HACCP Plan, Food Security and Safety Program and Pest Control Policies Product Formulation Statement (PFS) and/or Child Nutrition (CN) Label and crediting statement for each food product that meets a component in the reimbursable Child Nutrition Program Nutrition Facts Labels and Ingredients List for each food product being bid. Samples for requested items on Price List shall be furnished before the bid opening. Refer to Bid Instructions and Conditions, 11. Samples, for further information. Attachment A: Proposal Worksheet A signed printed original hard copy of the Proposal Worksheet shall be submitted along with a media storage device with unprotected MS Excel file of the Proposal Worksheet. Page 6

7 BID INSTRUCTIONS AND CONDITIONS Introduction The Antioch Unified School District will consider Proposals from responsive and responsible vendors interested in providing food products and paper supplies in accordance with plans and specifications prepared by the District. It is anticipated that the Agreement to be awarded under this proposal shall be effective July 1, 2018 through June 30, With mutual agreement, this contract may be extended for two additional 12 month periods or until the end of the school fiscal year, whichever is the shorter duration. This is a formal bid. This bid is proposed for a piggyback clause for Contra Costa County School Districts. Deadline for Receipt of Bids. Bids must be received by 1:30 P.M., on Wednesday, May 16, Bids must be submitted to Stephanie Siemering, Director of Nutrition and Purchasing Services, in a sealed envelope, marked with the bid number and title. Deliver in person to: Delivery by mail to: ATTN: Stephanie Siemering Nutrition Services Office Antioch Unified School District 701 West 18 th Street Antioch, CA ATTN: Stephanie Siemering Antioch Unified School District 510 G Street Antioch, CA The Bid. All items on the bid Proposal Worksheet should be filled out completely. Numbers should be stated in figures, and signatures of all individuals must be in long hand. The completed form should be without interlineations, alterations, erasures or other corrections unless each such correction is initialed in the margin immediately opposite the correction by the person or persons signing the proposal. Submit one complete set to the District. Unsigned bids will not be accepted. Manufacturers names, trade names, model and catalog number used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Products submitted as "equal" to the District's specifications will be evaluated, and not necessarily accept the lowest price offered. 2. Name and Nature of Bidder s Legal Entity and Signature. The bidder shall specify in the bid the name and the nature of its legal entity and any fictitious name under which it does business. An authorized officer, agent or employee shall sign the bid under the correct firm name. Obligations assumed by such signature Page 7

8 must be fulfilled. All documents identified in the Bidder s Checklist Section must be signed in permanent ink. Unsigned responses may be considered non-responsive, thus resulting in rejection of the proposal. The successful bidder may be required to furnish a letter of organization listing the firm members, officers of corporation, and those persons authorized to sign legal documents. Should a change be contemplated in the name or nature of the bidder s legal entity, the bidder shall first notify the District in order that the proper steps may be taken to have the change reflected on the contract and purchase order. 3. Interpretation of Proposal Documents. If any Vendor finds discrepancies in, omissions from the RFP documents, or has questions or comments regarding this RFP, they must be put in writing and ed to StephanieSiemering@antioch.k12.ca.us no later than midnight on Wednesday, May 2, Answers to all questions received by the specified deadline may be incorporated in an RFP addendum. If it becomes necessary for Antioch Unified School District to revise any part of this RFP, or to provide clarification or additional information after the RFP documents are released, each recipient of record of the original RFP will be notified with instructions to download a written addendum. Recipients of record are those parties, which submitted the Bidder Information Sheet to Antioch Unified School District. It shall be the responsibility of the Vendors to obtain any addendums or revisions to the project prior to the proposal-submittal deadline. Answers to questions, addenda or revisions will be posted on the District website ( by 4:00 p.m. on May 11, All addenda issued shall become part of the RFP. 4. Withdrawal of Bid. Bid proposals may be withdrawn by the bidder prior to the time fixed for the opening of bids, but may not be withdrawn for a period of ninety (90) days after the opening of bids. Successful bidder shall not be relieved of the bid submitted without the District s consent or bidder s recourse to Public Contract Code section 5100 et seq. 5. Assignment of Contract or Purchase Order. The bidder shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of the District. 6. Bid Negotiations. A bid response to any specific item of this bid with the terms such as negotiable, will negotiate, market or similar, will be considered as noncompliant and the bid will be rejected. 7. Prices. A signed printed original hard copy of the Proposal Worksheet shall be submitted along with a media storage device with unprotected MS Excel file of the Proposal Worksheet, with the complete bid packet. The hard copy will serve as the official document for submitted pricing. The hard copy will supersede the Excel file. Bid pricing is to be extended to no more than 4 decimal places. Errors may be crossed off and corrections made prior to bid opening only, and must be initialed in ink in the margin immediately opposite the correction by the person or persons signing the proposal. 8. Minimum contract term is twelve (12) months. Quoted prices must stay in effect for twelve (12) months after an award of contract. The contract may be extended upon mutual consent of District and vendor for up to two additional twelve (12) month periods or until the end of the school fiscal year, whichever is the shorter duration, in accordance with provisions contained in the Education Code, Sections (K-12). Page 8

9 Any price increase must be in accordance with the San Francisco Area Consumer Pricing Index with a maximum of 5% per contract term. All requests for rate increases must be made in writing no later than thirty (30) days prior to the end of each contract year. Requests for increases are subject to negotiation between the bidder and the District. Requests from bidders for rate increases will be evaluated and considered. The District reserves the right to reject any requests and re-bid and/or cancel the contract. At no time shall the prices charged the District exceed the prices bid. The District shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school district or any other state, county, municipal or local governmental agency in Contra Costa County for products listed herein. The District reserves the right to revoke the contract award unless the decrease is passed on to the District. 9. Taxes. Taxes shall not be included in unit bid prices. The District will pay only the State sales on taxable items and use tax. School districts are exempt from Federal Excise Taxes. The District, upon request, shall furnish the successful bidder such Federal Tax Exemption Certificates as may be required. 10. Buy American Provision. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law ) added a new provision, Section 12(n) of the NSLA (42 USC 1760(n)), requiring School Food Authorities to purchase domestically grown and processed foods, to the maximum extent practicable. Pursuant to 7 CFR Part (d), the term domestic commodity or product means: (a) An agricultural commodity that is produced in the United States; and (b) A food product that is processed in the United States substantially (51% or more) using agricultural commodities that are produced in the United States. It is therefore required that bidders responding to this Request for Proposals indicate whether products offered on this proposal meet the definition of domestic commodity or product as stated immediately above. Indication shall be made on the Proposal Worksheet (Excel Spreadsheet) as part of the response to this proposal. The successful bidder shall provide documented proof of compliance with this provision at the request of the Agency. 11. Samples. Samples for requested items are indicated on the Price List form with check marks ( ) in the column, Samples Required. Samples shall be furnished free of cost to the District and shall be submitted before the bid opening. Samples shall be delivered to Stephanie Siemering c/o Catherine Cachola, Central Kitchen Manager, Deer Valley High School, Central Kitchen, 4700 Lone Tree Way, Antioch, CA Samples are to be delivered between Monday, May 7, Wednesday, May 9, 2018 from 7:00 a.m.- 2:00 p.m. Call Stephanie Siemering at (925) , x42380 to arrange the date and time your firm will be delivering samples. Samples shall be made in the same state of delivery if bid is awarded. The District reserves the right to reject the bid of any bidder failing to submit samples as requested. Samples should be plainly marked with the name of bidder, bid number, item number (#), and date of bid opening. Samples of the successful bidder may be retained for comparison with deliveries. Page 9

10 12. Quantity and Quality of Materials or Services. The successful bidder shall furnish and deliver the quantities designated by the contract documents. All materials, supplies or services furnished under the contract shall be in accordance with the District specifications. Materials or supplies that, in the opinion of the District are not in accordance and conformity with the District s specifications shall be rejected and removed from the District s premises at the bidder s expense. In bidding, the bidder certifies that all materials conform to all applicable requirements of Cal-OSHA and of all other requirements of law. 13. District Requirements. The quantity shown is the estimate of consumption for the contract period. The needs of the District may be substantially more or less than such referenced quantities. The District reserves the right to not necessarily purchase all items and/or quantities listed in the proposal documents. The articles, supplies or services listed in the contract and required during the contract period shall be ordered and purchased from the successful bidder during such period. The District shall have the right to issue purchase orders up to and including the last day of the contract period even though the time provided for delivery may extend beyond such period. The District reserves the right to acquire from other sources during the life of the contract such items as may be required for testing, evaluation, or for special programs of an emergency nature and purchases made by individual schools. 14. Acceptance or Rejection of Bids. The Governing Board of the District reserves the right to accept or reject any or all bid proposals, contract with whomever and in whatever manner it deems appropriate, abandon the project entirely, or waive any informality or bid irregularity in the bids. 15. Bid Exceptions. All exceptions that are taken in response to this bid must be stated clearly. The taking of bid exceptions or providing false, incomplete or unresponsive statements may result in the disqualification of the bid. The District, whose decisions shall be final, will determine allowance of exceptions. Any bid exceptions or additional conditions requested after bid closure, which are not detailed within the bid response, may result in disqualification of the bid. No oral or telephonic modification of any bid submitted will be considered. 16. Award of Agreement. The District reserves the right to award contract(s) Individually, As a Whole, or In Any Combination, whichever would be in the best interest of the District. Award of bid is subject to negotiation of delivery schedules. Bidder may specify that the District s acceptance of one item shall be contingent upon the District s acceptance of one or more additional items submitted in the same bid. Bids shall remain open, valid and subject to acceptance for ninety calendar days after the bid opening. 17. Execution of Contract. Issuance of a purchase order shall evidence the contractual agreement between the bidder and the District and the bidder s acceptance of the contract documents. In cases where site-tosite delivery is required, the district will also issue a product-specific contract for signature. 18. Delivery. Time and manner of delivery are essential factors in proper performance under the contract. Unless otherwise specified, the successful bidder shall be responsible for delivery and shall pay all costs, including drayage, freight and packing, for delivery to locations in the District as may be specified in the bid form. Each item shall be securely and properly packed, and clearly marked as to contents. All shipments shall be accompanied by a packing slip. 19. Product Quality Control. The District reserves the right to discontinue service of all or any portion of any contract resulting from this proposal for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications or wholesomeness standard, and to hold the contractor in default. All products received under this contract Page 10

11 shall be processed according to the health and sanitation standards for plant facilities and food processing established by the locality or state in which Distributor s plant is located or by the applicable federal standards, whichever is higher. Distributor shall provide products from manufacturers with a Hazard Analysis Critical Control Point (HACCP) system in place. Additionally, Distributor shall ensure that all products received under this contract shall be prepared, handled and are stored in accordance with the health and sanitation standards for the County of Contra Costa or local city/county agency in which product was produced, State of California, and/or Federal Government, whichever is higher. Distributor shall follow appropriate procedures for First in First out (FIFO) stock rotation system. Products received shall not have a shelf life or expiration date less than one month from the date of delivery. Distributor shall follow appropriate handling and storage practices; this will include providing proof of established sanitation procedures and an active pest control program to assure proper information. In the event of product contamination issue, Distributor shall provide trace back capabilities for all products to the point of origin. Evidence of such procedures should be submitted with proposal (HACCP Plan, Food Security and Safety Program and Pest Control Policy) 20. Nutritional Information. Provide Product Formulation Statement (PFS) or Child Nutrition (CN) Label and crediting statement for requested processed bid items meeting the fruit, vegetable, grain/bread and/or meat/meat alternate contribution for the School Breakfast Program, National School Lunch Program, After School Snack and Supper Programs. Refer to the following Product Formulation Statement templates as guides: GRAIN/BREAD: MEAT/MEAT ALTERNATE: FRUIT/VEGETABLE: An acceptable Product Formation Statement must be completed on the manufacturer s letterhead and include the following: Product name, code number, and serving size, type and weight of the creditable ingredient, printed name, signature, and title of the company representative certifying that the information on the PFS is true and correct (electronic and/or font signatures are acceptable), and date signed. CN labels are only available for main dish entrees contributing to the meat/meat alternates component of the meal pattern. They will also indicate additional contributions of other meal components that are part of those products. An acceptable Child Nutrition (CN) label will include the meal pattern contribution statement, a six-digit product identification number, the USDA authorization; and the month and year of approval. Copies of CN labels are acceptable. Provide the Ingredient List and Nutrition Facts Labels for each food product being bid. Nutrition Facts Labels must include at a minimum include the following information per serving: Serving size (oz. or g), Calories (kcals), Total Fat (g), Saturated Fat (g), Trans Fat (g), Sodium (mg), Sugar (g), Protein (g); and Potassium (mg) for Electrolyte Replacement Beverages The District reserves the right to reject the bid of any bidder failing to submit nutritional information as requested. Page 11

12 21. Smart Snacks in Schools Compliant. All items on the Price List with a Smart Snacks in Schools Compliant Item Description must meet all Education Code sections 49430, 49431; California Code of Regulations sections 15575, 15576, 15577, 15578; and Code of Federal Regulations sections 210, 220 for competitive foods and beverages sold to students on school campus during the school day in their respective category. Compliant Snacks must meet one of the following general food standards: Be a fruit, vegetable, dairy, protein, or whole grain item* (or have one of these as the first ingredient), or Be a combination food containing at least ¼ cup fruit or vegetable. AND must meet the following nutrition standards: 35% calories from fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo, fruit, non-fried vegetables, seafood), and < 10% calories from saturated fat (except nuts, seeds, reduced-fat cheese or part skim mozzarella, dried fruit and nut/seed combo), and 35% sugar by weight (except fruit**, non-fried vegetables, dried fruit and nut/seed combo), and < 0.5 grams trans-fat per serving (no exceptions), and 200 milligrams sodium per item/container (no exceptions), and 200 calories per item/container (no exceptions) A whole grain item contains: The statement Diets rich in whole grain foods and low in total fat may help reduce the risk of heart disease, or A whole grain as the first ingredient, or A combination of whole grain ingredients comprising at least 51% of the total grain weight (manufacturer must verify), or At least 51% whole grain by weight. ** Dried blueberries cranberries, cherries, tropical fruit, chopped dates, or chopped figs that contain added sugar are exempt from fat and sugar standards. Compliant Beverages must be marketed or labeled as a fruit and/or vegetable juice, milk, non-dairy milk, or water AND meet all criteria under that specific category. 1. Fruit or Vegetable juice: a. 50% juice and b. No added sweeteners c. 8 fl. oz. serving size 2. Milk: a. Cow s or goat s milk, and b. 1% (unflavored), nonfat (flavored, unflavored), and c. Contains Vitamins A & D, and d. 25% of the calcium Daily Value per 8 fl. oz., and e. 28 grams of total sugar per 8 fl. oz. f. 8 fl. oz. serving size 3. Non-dairy milk: a. Nutritionally equivalent to milk (see 7 CFR (d)(3), 220.8(i)(3)), must contain per 8 fl. oz.: A. 276 mg calcium Page 12

13 B. 8 g protein C. 500 IU Vit A D. 100 IU Vit D E. 24 mg magnesium F. 222 mg phosphorus G. 349 mg potassium H mg riboflavin I. 1.1 mcg Vit B12, and J. 28 grams of total sugar per 8 fl. oz., and K. 5 grams fat per 8 fl. oz. L. 8 fl. oz. serving size 4. Water: a. No added sweeteners b. No serving size c. Electrolyte Replacement Beverages (HIGH SCHOOLS ONLY) d. Must be either 5 calories/8 fl. oz. (no calorie) OR 40 calories/8 fl. oz. (low calorie) e. Water as first ingredient f grams added sweetener/8 fl. oz. g mg sodium/8 fl. oz. h mg potassium/8 fl. oz. i. No added caffeine j. 20 fl. oz. serving size (no calorie) k. OR 12 fl. oz. serving size (low calorie) 5. Flavored Water (HIGH SCHOOLS ONLY) a. Must be either 5 calories/8 fl. oz. (no calorie) OR 40 calories/8 fl. oz. (low calorie) b. No added sweetener c. No added caffeine d. 20 fl. oz. serving size (no calorie) e. OR 12 fl. oz. serving size (low calorie) f. All beverages must be caffeine-free (trace amounts are allowable). Page 13

14 22. Default by Bidder. The District shall hold the bidder responsible for any damage that may be sustained because of failure or neglect to comply with any term or condition of the contract documents. The parties agree that time shall be of the essence in meeting the contract delivery requirements. If the successful bidder fails to furnish or deliver any of the materials, supplies or services at the process named and at the time and place stated or otherwise fails to comply with the terms of the contract documents, the District may, upon written notice to the bidder, cancel the contract in its entirety or cancel or rescind any or all items affected by such default, and may, whether or not the contract is cancelled in whole or in part, purchase the materials, supplies or services elsewhere without further notice to the bidder. The prices paid by the District at the time such purchases are made shall be considered the prevailing market prices. Any extra cost incurred by such default may be collected by the District from the bidder, or deducted from any funds due the bidder. 23. Force Majeure Clause. The parties to the contract shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering, or performing by act of God, fire, strike lockout, or commandeering of materials, products, plants or facilities by the government, when satisfactory evidence is presented to the other party, provided that it is satisfactorily established that the nonperformance is not due to the fault or neglect of the party not performing. 24. Hold Harmless Clause. The successful bidder agrees to defend, indemnify, and hold harmless the District, its Board of Education, officers, employees and agents, individually and collectively, from and against all costs, losses, claims, demands, suits, actions, payments, liabilities and judgments, including attorney s fees, arising from personal or bodily injuries, property damage or otherwise, regardless of and however caused that may arise for any reason from Vendor s performance of this Agreement. The successful bidder must keep in full force and effect a policy or policies of Workers Compensation Insurance in the amount or amounts required by applicable law. 25. Insurance. The successful bidder shall keep in full force and effect a policy or policies of liability insurance from a California licensed insurer acceptable to the District and shall provide the District with a Certificate(s) of Liability Insurance with a minimum of $1 Million Dollars General Liability coverage, a minimum of $1 Million Dollars Automobile Liability coverage, and a minimum of $2 Million Dollars Professional Liability coverage. High risk activities may require additional coverage as determined by the District. Certificate Holder is Antioch Unified School District. Vendor shall also provide an Additional Insured Endorsement, naming Antioch Unified School District as Additional Insured. These certificates shall contain a provision that coverage afforded under the policy will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been delivered to the District. 26. Prevailing Law. In the event of any conflict or ambiguity between these instructions and state or federal law or regulations, the latter shall prevail. Additionally, all equipment to be supplied or services to be performed under the bid proposal shall conform to all applicable requirements of local, state and federal law. 27. Governing Law and Venue. In the event of litigation, the contract documents and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state or federal court located in Contra Costa County. Page 14

15 28. Invoices and Payments. Unless otherwise specified, the successful bidder shall render invoices in triplicate for materials delivered or services performed under the contract. Invoices shall be submitted immediately in a form acceptable to the District, under the same firm name as shown on the contract. The successful bidder shall list separately and taxes payable by the District and shall certify on the invoices that Federal Excise Tax is not included in the prices listed. The District shall make payment for materials, supplies, or services furnished under the contract within a reasonable and proper time after acceptance and approval of the invoices by the authorized District representative. 29. Cash Discounts. Cash discounts shall be considered in determining the lowest responsible bidder. All cash discounts shall be taken and computed from the date of delivery of acceptable material or the date of the receipt of the invoice, whichever is later. 30. Permits and Licenses. The successful bidder shall secure and maintain in force such licenses and permits as are required by law in connection with the furnishing of materials, articles or services required by the contract documents. All operations and materials shall be in accordance with the law. 31. Toll Charges. If it is necessary that the District place toll or long distance telephone calls in connection with this contract (for complaints, adjustments, shortages, failure to deliver, etc.), the successful bidder shall accept charges for such calls on a reverse charge basis. 32. Contract Documents. The bidder and the District agree that the Notice to Bidders, the Bid Instructions and Conditions, the Request for Proposal, Antioch Unified School District Services Agreement, Product Listing with estimated quantities and any addenda, together with the purchase order, shall constitute the contract or contract documents. 33. Independent Contractor. While engaged in carrying out and complying with the terms and conditions of the contract documents, the bidder is an independent contractor and not an officer, employee or agent of the District. 34. Evidence of Responsibility. Upon request of the District, bidders shall submit promptly to the District satisfactory evidence showing the bidder s financial resources, the bidder s experience in the type of work or product being requested by the District, the bidder s organization available for the performance of the contract and any other required evidence of the bidder s qualifications to perform the proposed project. The District may consider such evidence before making its decision awarding the proposed contract. Failure to submit evidence of the bidder s responsibility to perform the proposed contract may result in rejection of the bid. 35. Protests by Bidders. Consistent with Board Policy 3311 regarding Bids, a bidder may protest a bid award if he/she believes that the award is not in compliance with law, Board policy, or the bid specification. A protest must be filed in writing with the Superintendent or designee within three working days after receipt of notification of the contract award and shall include all documents supporting or justifying the protest. A bidder's failure to file the protest documents in a timely manner shall constitute a waiver of his/her right to protest the award of the contract. The Superintendent or designee shall review the documents submitted with the bidder's claims and render a decision in writing within 30 working days. The Superintendent or designee may also convene a meeting with the bidder in order to attempt to resolve the problem. Page 15

16 The bidder may appeal the Superintendent or designee's decision to the Board. The Superintendent or designee shall provide notice to the bidder of the date and time for Board consideration of the protest at least three business days before the Board meeting. The Board's decision shall be final. 36. Guarantees. N/A. 37. Termination without Cause. The District may terminate this contract without cause by giving thirty (30) days advance written notice to the successful bidder. 38. Compliance with Law. The successful bidder agrees to do all work required by the contract documents in accordance with all applicable laws. 39. Execution of Other Documents. The parties agree to cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of the contract documents. Page 16

17 USDA NONDISCRIMINATION STATEMENT In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD- 3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. This institution is an equal opportunity provider. Page 17

18 SPECIAL CONDITIONS 1. Single Drop is to the Central Kitchen Warehouse located at Deer Valley High School, 4700 Lone Tree Way, Antioch, CA. Multiple Sites include the 9 schools listed below. Deer Valley High School includes 4 separate delivery locations to the same address. Antioch High School 700 West 18 th Street, Antioch Deer Valley High School East Cafeteria 4700 Lone Tree Way, Antioch Dallas Ranch Middle School 1401 Mt. Hamilton Drive, Antioch Antioch Middle School 1500 D Street, Antioch Deer Valley High School West Cafeteria 4700 Lone Tree Way, Antioch Dozier Libbey High School 4900 Sand Creek Road, Antioch Bidwell Continuation HS 800 Gary Avenue, Antioch Deer Valley High School Central Kitchen 4700 Lone Tree Way, Antioch Park Middle School #1 Spartan Way, Antioch Black Diamond Middle School 4730 Sterling Hill Drive, Antioch Deer Valley High School Central Kitchen Warehouse 4700 Lone Tree Way, Antioch Orchard Park Elementary School 5150 Live Oak Avenue, Oakley 2. Product will be ordered under any system agreed upon between the District and the Bidder. 3. The District reserves the right to add or remove food products and/or paper supplies as needed throughout the term of this contract. 4. Products should be dated, showing a produced on or expiration date. Products received shall not have a shelf life or expiration date less than one month from the date of delivery. All out of date, spoiled and/or damaged products upon delivery are to be picked up and credit issued as needed. 5. All food products must contain 0 grams or <0.50 grams Trans Fat. 6. Vehicles that transport perishable refrigerated or frozen food items must be equipped with appropriate refrigerated systems to maintain products at appropriate temperatures. Frozen food items must be delivered frozen solid without any signs of being thawed and refrozen. Refrigerated foods must be delivered at an internal temperature of at least 41 F or lower. 7. Product is to be placed by the driver into specified locations of the Central Kitchen and schools. 8. Prices are maximums and shall remain firm for twelve (12) months after an award of contract. The District shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school district or any other state, county, municipal or local governmental agency in Contra Costa County for products listed herein. Such lower prices are to be immediately extended to Antioch Unified School District. 9. For the term of the contract and any mutually agreed extensions pursuant to this request for bids, at the option of the Bidder, other school districts in Contra Costa County may purchase at the same price and upon the same terms and conditions pursuant to section [K-12] of the Public Contract Code. The District waives its right to require such other districts and offices to draw their warrants in the favor of the district as provided in said Code sections. Acceptance or rejection of this clause will not affect the outcome of this bid. If piggyback option is granted, approval of the authorizing agency is not required. Check ( ) One Piggyback option GRANTED Piggyback option NOT GRANTED Signature Date Print Name/Title Company Page 18

19 REFERENCES Each bidder must list at least three (3) local clients whom you have provided similar services for within the past three (3) years. Indicate the contacts names, titles, (school districts), phone numbers and addresses. The District will attempt to contact all references listed to obtain information regarding the Bidder s work performance. Bidders release the organizations and individuals listed on this form from any claim or liability due to responses given to the District. A. School District Address Contact Person Telephone Number Number of Deliveries per year B. School District Address Contact Person Telephone Number Number of Deliveries per year C. School District Address Contact Person Telephone Number Number of Deliveries per year Vendor s Name: Page 19

20 DISCOUNT FOR EARLY PAYMENT / DELIVERIES / MINIMUM ORDER Indicate any discount for early payment with terms. Can your firm provide deliveries to up to *9 sites? *Deer Valley High School includes 4 separate delivery locations to the same address. Check ( ) One: Yes No Comments (if any): Indicate minimum order total in dollar amount, if any, required to receive delivery. Multiple Sites (*9 schools) Deer Valley High School *Deer Valley High School has 4 No Delivery Minimums Central Kitchen Warehouse Only separate delivery locations to the Check ( ) box (1 drop) same physical address. $ $ Vendor s Name: Page 20

21 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID California Public Contract Code 7106 The undersigned declares: I am (insert name) the (insert proper title such as sole owner, partner, president, secretary ) of (insert name of bidder or company). The party making the foregoing bid/proposal submitted herewith to the Antioch Unified School District declares: That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; That the bid is genuine and not collusive or sham; That the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a false or sham bid, or that anyone shall refrain from bidding; That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder; That the bidder has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury of the laws of the State of California that the above information is correct. Signature: Date: Page 21

22 EQUAL OPPORTUNITY EMPLOYMENT Federal affirmative action regulations mandate that Federal contractors include an Equal Opportunity (EO) clause in all contracts, subcontracts and purchase orders. The intent is to make the nondiscrimination and affirmative action provisions of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act, and the Jobs for Veterans act flow down to all tiers of contractors This contractor and subcontractor shall abide by the requirements of 41 CFR (a), (a) and (a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. CERTIFICATE I/We hereby certify that the (Company) is an equal opportunity employer as defined in the Equal Opportunity Act. DATE: CONTRACTOR By: Page 22

23 PROPOSAL EVALUATION CRITERIA The evaluation committee will score the proposals based on the following criteria: Maximum Points Price 50 Experience, Competence and References 20 Functionality, Product Specifications and Taste 20 Service and Deliveries 10 Total Points Possible 100 Page 23

24 REQUEST FOR PROPOSAL SIGNATURE PAGE This Request for Proposal (RFP) is for Food Products and Paper Supplies for the Antioch Unified School District. The undersigned hereby proposes to furnish and deliver the goods or services as quoted in accordance with the terms, conditions, specifications, and prices herein quoted. The undersigned declares under penalty of perjury under the laws of the State of California that the representations made in this bid are true and correct. Signed By: Printed Name of Signor Above: Title: Date: Company Name: Mailing Address: City, State, Zip Code: Phone Number: Fax Number: Address: Federal Tax ID Number: Page 24

25 SUSPENSION AND DEBARMENT CERTIFICATION U.S. DEPARTMENT OF AGRICULTURE INSTRUCTIONS: SFA to obtain from any potential vendor or existing contractor for all contracts in excess of $100,000. This form is required each time a bid for goods/services over $100,000 is solicited or when renewing/extending an existing contract exceeding $100,000 per year (Includes Food Service Management and Food Service Consulting Contracts). 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, 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. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOLLOWING) (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. Antioch Unified School District NS Name of School Food Authority Agreement Number Potential Vendor or Existing Contractor (Lower Tier Participant): Printed Name Title Signature Date Page 25

26 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant (one whose contract for goods or services exceeds the Federal procurement small purchase threshold fixed at $100,000) 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 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 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 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 Nonprocurement List. 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, including suspension and/or debarment. Page 26