THE SCHOOL DISTRICT OF LEE COUNTY

Transcription

1 THE SCHOOL DISTRICT OF LEE COUNTY PROCUREMENT SERVICES DEPARTMENT Lorie Nein, Procurement Agent ADDENDUM NO.: 1 ADDENDUM TO CONTRACT DOCUMENTS PROJECT NAME: ITB No. B177299LN USDA Commodity Processed Cheese DATE OF ISSUE: May 19, 2017 The following information shall be included in the ITB documents and is hereby made part of the project ITB documents in the form of clarification, addition, deletion or revision to the contract specifications. ALL BIDDERS PLEASE NOTE: Attachment A-1, separately posted to the Procurement website, replaces Attachment A. - Please submit Attachment A-1 with your bid packet. - Please discard the original Attachment A. Attachment H, Recall Process and Points of Contact, is a new document included in this Addenda. Attachment H is to be completed and returned with the bid submittal. Attachment I, Equal Opportunity Compliance Certification Form, is a new document included in this Addenda. Attachment I is to be completed and returned with the bid submittal. Q1. Wanted to see if we were able to add items to the USDA Commodity Bid? A1. Yes, you can bid additional cheese items only. Q2. Can you provide estimated quantities for each line item on the bid or indicate where this information can be found on Attachment A as described in the Detailed Specifications, at Section 1. SCOPE and under the Technical Specifications at Section 8. Approximate Annual Quantities? A2. Yes, see corrected Attachment A-1. This attachment must be completed and returned with your bid packet COLONIAL BLVD. FORT MYERS, FLORIDA PHONE (239) FAX (239) LorieLN@leeschools.net

2 Q3. Section 2 of the Technical Specifications states that the awarded Vendor will receive a Fee for Service for processing of USDA foods into finished products. Does this mean to enter the commercial gross case price into Column G on the Attachment A spreadsheet or the commodity net case price amount without DFV? A3. Yes, the District requests the Fee for Service price per case and per portion) to be given without the DFV (donated food value). Q4. The following terms and conditions are hereby added to the General Conditions, and are to be inserted in the ITB on page 10, following item 47. Additional Terms and Conditions (insert following ITB page 10): 48. While not provided as separate certifications in this ITB, by signing the invitation to bid, the signatory attests to the applicable certification provisions listed below: a) Title VI of Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the Education Amendments, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, 7 C.F.R. Parts 15, 15a and 15b, and FNS Instruction 113-1, Civil Rights Compliance and Enforcement-Nutrition Programs and Activities, and any additions or amendments. b) The Clean Air Act (42 U.S.C et seq.), the Clean Water Act (33 U.S.C , 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. 1.1 et seq.). c) Certification Regarding Lobbying pursuant to 31 U.S.C (Appendix A: 7 C.F.R. Part 3018). d) Disclosure of Lobbying Activities pursuant to 31 U.S.C (Appendix A: 7 C.F.R. Part 3018). e) Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). f) Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5). g) Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order and Department of Labor Regulation (41 C.F.R. Chapter 60). h) Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 C.F.R. Part 3). i) Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5). j) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Page 2 of 6

3 Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. k) Solid Waste Disposal Act - A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. l) The vendor is subject to the provisions of Section 2209d of Title 7 of the United States Code due to the use of federal funds for the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved. 49. BUY AMERICAN ACT: Except in those instances where certain food items are not commercially available from production within the United States, no food items covered by this ITB are to be imported, imported and repacked, or imported and labeled with an American Processor or Distributor's 50. INSPECTIONS: All products delivered shall conform in all respects to applicable standards promulgated under the Federal Food, Drug and Cosmetic Act, and the Meat Inspection Act and the Poultry Products Inspection in effect at the time of delivery. No product that contains any artificial coloring agent, such as #2 red dye, is to be offered on this proposal. The School District of Escambia County shall be permitted to inspect the processor's inventory of USDA donated commodity products or the School District's bulk or processed meat items that he has on hand at any time. 51. GRADES FOR FOOD: Grades for foodstuffs are based on standards established by the U.S. Department of Agriculture, Agricultural Marketing Service and items supplied must be of grade indicated for the item. 52. IRRADIATION PROCESS: Do not bid any food items preserved by the use of an irradiation process. 53. FEDERAL FOOD, DRUG AND COSMETIC ACT, THE MEAT INSPECTION ACT, AND THE POULTRY PRODUCTS INSPECTION ACT: All products delivered shall conform in all respects to applicable standards promulgated under the Federal Food, Drug and Cosmetic Act, the Meat Inspection Act, and the Poultry Products Inspection Act in effect at the time of delivery. 54. COPYRIGHT: Manufacturer, without exception, shall indemnify and save harmless the School District of Lee County and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the agreement, including its use by the Page 3 of 6

4 School District of Lee County. If Manufacturer uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood, without exception, that the proposed prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. In addition, the School District of Lee County shall maintain all rights to the written documentation, electronic media, and other materials provided by Manufacturer in response to this ITB. There are no other changes at this time. Please acknowledge this addendum via Attachment D, Addenda Acknowledgement Form. Thank you for your interest in the School District of Lee County. Lorie Nein Procurement Agent Page 4 of 6

5 ATTACHMENT H RECALL PROCESS AND POINTS OF CONTACT Reference to ITB page 14, Technical Specifications #9, Recall Products: Bidders are to provide with their bid recall procedures and a food recall contact person, and backup contact. Recall Procedure: (attach a separate form if additional space is required). Primary Point of Contact for Recalls: Name: Phone: Backup Point of Contact for Recalls: Name: Phone: Page 5 of 6

6 ATTACHMENT I - EQUAL OPPORTUNITY COMPLIANCE CERTIFICATE FORM The undersigned contractor hereby certifies to The School Board of Lee County that so long as it holds a contract with the School Board in excess of $10,000 it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, sexual orientation, national or ethnic origin, marital status, pregnancy, disability if otherwise qualified, or any other unlawful factor, and that it shall abide by all applicable state and federal laws and guidelines regarding equal employment opportunity and affirmative action. Executed this day of, 20 Firm/Company Name Signature of Authorized Representative Print/Type Name of Authorized Representative Title of Authorized Representative Page 6 of 6