SECTION I                                                                            INVITATION TO BID

 

TO:       Fresh Produce Supply -Vendors

CC:       East Carroll Parish School Board Members

DATE:  10/21/22

RE:       Request for “Sealed Bids”, 2022-2023 for Fresh Produce

Please be informed that on Tuesday- October 4, 2022, the East Carroll Parish School Board authorized the advertisement of sealed bids which will be received until 10:00 a.m., Monday, November 28, 2022. Bid opening will be 11:00 am Tuesday, November 29, 2022 in the boardroom of the East Carroll Parish School Board. All bid proposals must be forwarded to the East Carroll Parish School Board through the United States Postal Service or electronically online at www.centralbidding.com. NO HAND DELIVERED bid will be accepted.  The envelope containing the sealed bid shall be addressed to:

Attention: Dr. Kristel Webb

East Carroll Parish School Board
514 Third Street
P.O. Box 792
Lake Providence, LA 71254

Bids submitted by U.S. Postal Service must be certified and arrive by the date and time prescribed above.  Any late bids will be returned, unopened.  All bids shall be clearly marked “BID: FRESH PRODUCE, November 29, 2022, at 11:00 A. M.”  After the official opening, bid recaps sheets will be provided to all vendors on the bid list.  The successful bidder will receive a bid recap sheet along with a purchase order.

Bid specifications may be obtained by contacting Dr. Kristel Webb- Curriculum and Instructional, Support, Supervisor at the above address or by calling (318) 559-2221 Ext. 2012.  The East Carroll Parish School Board reserves the right to reject all bids and to waive all informalities.

Firm Name _______________________________________Address _______________________________________

City _________________ State _______    ZIP___________                Area Code_____ Telephone_________________

AUTHORIZED SIGNATURE_________________________________________________________________________

Contract Administrator:

Printed Name__________________________________ Title______________________________________

Address _______________________________________ City _________________ State ____ ZIP ________

Area Code _____ Telephone _______________      Email: ______________________________
RETURN THIS PAGE WITH BID FORM

 

SECTION II                                               GENERAL INFORMATION


2.0.1            Sealed, written bids will be received by EAST CARROLL PARISH CHILD NUTRITON PROGRAM until 10:00 a.m. Monday, November 28, 2022 in the Child Nutrition Program Office of the East Carroll Parish School Board.

 Bids must be received prior to the date and time designated by the closing time or the bids will be returned, unopened to the appropriate bidder. Post marks, or dating of documents will be given no consideration in case of late bids.  However, if a deliverer, UPS, Federal Express, US Air, etc. can provide documented proof as evidenced by the signature of a ECPSB employee that substantiates the claim that the bid was delivered to the proper place prior to the time and date set for the bid opening and, through fault of the ECPSB personnel, the bid did not get to the proper authority, the bid will be considered. 

2.0.2            Bidders also have the option to submit bids electronically.  To submit a bid electronically, bidders must register at Central Bidding by visiting either https://www.centralbidding.com  or   https://www.centralauctionhouse.com  For technical questions relating to the electronic bidding process for Central Bidding call Support 833.412.5717.  Fees to submit electronically may apply.  Payments of fees are the responsibility of the bidder.  Submission of an electronic bid requires an electronic bid bond and a digital signature.

2.0.3            The East Carroll Parish School Board (ECPSB) reserves the right to reject any or all bids and to waive informalities. Informality is defined as a requirement of the specifications that is needed for information only, and failure on the part of the bidder to provide it would have no impact on the outcome of the bid. In such a case, the bidder would be given a specified period of time to provide the information. Failure of the bidder to comply with this timeline would result with the bid being rejected for reasons of non-compliance.

2.0.3      The Invitation to Bid, Section I, page 2, must be signed by an officer or member of the bidder who is authorized to legally bind the bidder to the terms of this invitation and of the bid.


2.0.4      All bids shall be considered to be effective and available for dates specified under Bid Period as stated above unless otherwise stated in the Special Conditions, below.  No bid may be withdrawn prior to the expiration of that time.

2.0.5      Samples, if requested by the East Carroll Parish School Board, must be furnished free of any charge to the East Carroll Parish School Board.  If not destroyed or consumed in testing or evaluation, or required to be retained in connection with the award, it will be returned upon request, at Bidder's expense.  The ECPSB reserves the right to damage, destroy or consume supplies if it is considered reasonably necessary to do so for purposes of testing, inspection or evaluation.

 2.0.6      Any manufacturer’s names, catalogue or model numbers, or other similar material identifying a particular product, or a particular grade of product, is used for descriptive purposes, to establish the standard of quality, design, and performance required.  Such use shall not be construed to exclude proposals based upon other products of like quality and performance.  However, any substitution or departure proposed must be clearly noted and described, and the attention of the ECPSB directed thereto by bold face type, asterisk, or similar device. Otherwise, it will be assumed that Bidder proposed to supply the items specifically described in the Special Condition below.

2.0.7          It is understood and agreed that Bidder, if awarded the subject contract, will protect, defend and hold harmless the ECPSB, its members, agents and employees, from any claims, suits or demands for payment that may be brought for the use of any patented or copyrighted material, device, article or process, of any material that is a trade secret, that may enter into the design, manufacture, or use of the items or services contracted for, including any material, device, article or process the use of which is substantially important to the proper and most effective use of the items or services contracted for. 

 2.0.8          Bidder further agrees to indemnify in full the ECPSB, its members, employees and agents for any amounts which they may be required to expend in the defense of such claims, suits or demands, or in settlement thereof, or in satisfaction of any judgment, award or decree resulting therefrom.

 2.0.9          Bidder agrees, if awarded the subject contract, to protect, defend and hold harmless the ECPSB, its members, agents and employees, from any claims, demands or suits of any nature arising from or in any way connected with injury or damage to person, property, business or reputation, sustained by reason of any of the acts of Bidder, his agents, employees or assigns, or of anyone for whom Bidder is legally responsible.

2.0.10    The ECPSB reserves the right to waive defects and informalities in proposals, to reject any or all proposals, to accept such proposal as it may deem to be in its best interest, and to award the contract by item, combination of items or by lot.

2.0.11       Bidder, by submitting a proposal in response to this Invitation, agrees to be bound by each of the terms and conditions hereof, whether set forth under General Conditions, Special Conditions, or as an attachment hereto, agrees that said terms and conditions constitute the terms of the contract between the ECPSB and Bidder, effective upon award of the contract by the ECPSB.

2.0.12      Information pertaining to any term or condition of this Invitation to Bid may be obtained through the, ECPSB Child Nutrition Program Attention: Dr. Kristel Webb, 514 Third Street, Lake Providence, LA 71254

2.0.13    The U.S. Department of Agriculture prohibits the discrimination against its customers, employees, and applicants for employment on the basis of race, color, national origin, age, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department.  (Not all prohibited bases will apply to all programs and/or employment activities.)  Therefore, the East Carroll Parish Child Nutrition is required by law to comply with all Federal Regulations governing the National School Lunch and National School Breakfast Programs.

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form.  You may also write a letter containing all of the information requested in the form.  Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected].

Individuals who are deaf, hard of hearing, or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800)845-6136 (Spanish). USDA and these school systems are equal opportunity providers and employers.

SECTION III                                                      LAWS

This contract between East Carroll Parish School Board and the Vendor shall be governed in accordance with the laws of the State of Louisiana and all applicable Federal Regulations.

 All edible grocery products furnished to the East Carroll Parish School Board shall comply with the latest standards and regulations established by Federal Laws, including the Federal Food, Drug and Cosmetic Act and the United State Department of Agriculture for the grade specified; except for canned fish items which shall comply with the dates standards and regulations established by Federal Lows, including Federal Food, Drug and Cosmetic Act and the United States Department of the Interior.

 3.0.1      DEBARMENT, SUSPENDED, AND INELIGIBLE STATUS
       

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors and /or principals only. By signing this agreement, the bidder is testifying that they (the Contractor) and/or its subcontractors are not debarred, suspended or have any ineligible or voluntary exclusion with the U.S. Department of Agriculture or any other Federal or State Agency.  All responses will be verified.

A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

3.0.2      BYRD ANTI-LOBBYING AMENDMENT

 Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Appendix II of 2CFR Part 200(I)).

 3.0.3     CONTRACT TERMS AND CLAUSES

The Contract between the Board/CNP and the Contractor shall begin and end on the dates specified in the IFB, unless terminated earlier in accordance with the applicable terms and conditions.

Contract Renewal: The Board/CNP shall have the option, in its sole discretion, to renew the Contract for additional renewals as defined in the Standard Contract on a year-to year basis giving the Contractor written notice of the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal term.  Renewal will depend up the best interests of the CNP, funding, and Contractor’s performance.  Renewal will be accomplished through the issuance of a written notice or Notice to Award Amendment.  Upon board’s election in its sole discretion, to renew any part of the Contract, the Contractor shall remain obligated to perform in strict accordance with this Contract unless otherwise agreed by the CNP and the Contractor.

Contract Extension:  In the event that this Standard Contract shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified goods and services, the CNP may, with written consent of the Contractor, extend this Contract for such period as may be necessary to afford the CNP a continuous supply of the identified goods and services.

3.0.4      REMEDY FOR NON-PERFORMANCE/TERMINATION OF CLAUSES

        

a.        Immediate Termination:   This Contract will terminate immediately and absolutely if the ECPSB/CNP determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the ECPSB/CNP cannot fulfill its obligations under the Contract, which determination is at the sole discretion and shall be conclusive.  Further the ECPSB/CNP may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:


(i)                   In the event the Contractor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

(ii)                 The ECPSB/CNP determines that the actions, of failure to act, of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized;

(iii)                The Contractor fails to comply with confidentiality laws or provisions; and/or

(iv)               The Contractor furnished any statement, representation or certification in connection with the Contract or the bidders process which is materially false, deceptive, incorrect, or incomplete.
              

b.       Termination for Cause:  The occurrence of any one or more of the following events shall constitute cause for the ECPSB/CNP to declare the Contractor in default of its obligations under the Contract:

(i)                   The Contractor fails to deliver or has delivered nonconforming goods or services or fails to perform to the ECPSB/CNP’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract, including, but without limitation the express warranties, made by the Contractor;

(ii)                 The ECPSB/CNP determines that satisfactory performance or the Contract is substantially endangered or that a default is likely to occur;

(iii)                The Contractor fails to make substantial and timely progress toward performance of the Contract;

(iv)               The Contractor becomes subject to any or insolvency proceeding under federal, ECPSB law, or State law to the extent allowed by applicable federal, parish or state law including bankruptcy laws; the Contractor terminates or suspends its business; or the ECPSB/CNP reasonably believes that the Contractor has become insolvent or unable to pay its obligations as the accrue consistent with applicable federal or state law;

(v)                 The Contractor has failed to comply with applicable federal, ECPSB, and State laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

(vi)               The Contractor has engaged in conduct that has or may expose the ECPSB/CNP to liability, as determined in the ECPSB’s sole discretion; or

(vii)              The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the ECPSB, CNP, or a third party.

 
c.        Notice of Default:  If there is a default event caused by the Contractor, the ECPSB/CNP shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the ECPSB/CNP’s written notice to the Contractor.  If the breach or noncompliance is not remedied within the period of time specified in the written notice, the ECPSB/CNP may:

(i)                   Immediately terminate the Contract without additional written notice; and/or

(ii)                 Procure substitute goods or services from another source and charge the difference between the Contract and the substitute to the defaulting Contractor; and/or,

(iii)                Enforce the terms and condition of the Contract and seek any legal or equitable remedies.

d.       Termination for Convenience: Following thirty (30) days written notice, the ECPSB/CNP may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor.  Following termination upon notice, the Contractor shall be entitled to compensation, upon submission of invoice and proper proof of claim, for goods and services provided under the Contract to the ECPSB/CNP up to and including the date of termination.

 e.       Termination Due to Change in Law:  The ECPSB/CNP shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Contractor as a result of any of the following:

(i)                   The ECPSB/CNP authorization to operate is withdrawn or there is a material alteration in the programs administered by the ECPSB/CNP; and/or

(ii)                 The ECPSB/CNP’s duties are substantially modified.

 f.        Payment Limitation in Event of Termination:  In the event of termination of the Contract for any reason by the ECPSB/CNP, the ECPSB/CNP shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the Contract and for which the ECPSB/CNP is obligated to pay pursuant to the Contract or Purchase Instrument.  Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim.  This provision is no way limits the remedies available to the ECPSB/CNP under the Contract in the event of termination.  The ECPSB/CNP shall not be liable for any costs incurred by the Contractor in its performance of the Contract, including, but not limited to startup costs, overhead or other costs associated with the performance of the Contract.

g.       The Contractor’s Termination Duties:  Upon receipt of termination or upon request of the ECPSB/CNP, the Contractor shall:

(i)                   Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including without limitation, results accomplished, conclusions resulting therefrom, and any matters the ECPSB/CNP may require;

(ii)                 Immediately cease using and return to the ECPSB/CNP, any personal property or materials, whether tangible or intangible, provided by the ECPSB/CNP to the Contractor;

(iii)                Comply with the ECPSB/CNP’s instructions for the timely transfer of any active files and work product produced by the Contractor under the Contract;

(iv)               Cooperate in good faith with the ECPSB/CNP, its employees, agents, and contractors during the transition period between the notification of termination and the substitution of any replacement contractor; and

(v)                 Immediately return to the ECPSB/CNP any payments made by the ECPSB/CNP for goods and services that were not delivered or rendered by the Contractor.

 3.0.5      BUY AMERICAN PROVISION REQUIREMENTS

Contractors must comply with Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336 added a provision, Section 12(n) to NSLA (42USC1760(n)) requiring school food authorities to purchase, to the maximum extent practicable, domestic commodities and products.  Section 12(n) of the NSLA defines a “domestic commodity or product” is defined as one that is either in the U.S. or is processed in the U.S. substantially using agricultural commodities produced in the U.S. as provided in 7 CFR Part 210.21 (d).  “Substantial” means that over 51 percent of the final processed product consist of agricultural commodities that were grown domestically, including products from Guam, American Samoa, Virgin Islands, Puerto Rico of the United States.  All food items (except for pineapple, mandarin oranges, and tuna) must be of domestic origin.  Pineapple and papaya can be imported from the following areas only:  Hawaii, Philippines, Thailand and Indonesia.  See attached form for identifying foods that do not meet the term “domestic” in applicable food IFB.

 3.0.5      HUB STATEMENT

It is the intent of the East Carroll Parish School Board to provide maximum practicable opportunities in its solicitations to minority firms, women’s business enterprises and labor surplus area firms (2CFR Part 200.321)


3.0.6      CLEAN AIR AND WATER ACT

                Compliance with all applicable standards, orders, or requirements issued under to the Clean Air Act

(42 U. S.C.7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1357).  The Contractor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) list of violation Facilities.  The contractor will immediately notify the ECPSB/CNP of the receipt of any communication indicating threat any of Contractor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

 3.0.7      CIVIL RIGHTS

In accordance with Federal Law, the East Carroll Parish Child Nutrition Program adheres to the non-discrimination policy of the U.S. Department of Agriculture as stated in Section II, 2.0.13 in this document.

 The Contractor 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 CNF Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement in School Nutrition Programs.

 3.0.8      EQUAL EMPLOYMENT OPPORTNITY

The East Carroll Parish Child Nutrition Program is an equal opportunity employer.  The Contractor agrees that it will be compliant with Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implement regulations at41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

 3.0.9      FEDERAL AND PUBLIC WORKS CONTRACTS COMPLIANCE

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week.

Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence Appendix II of 2 CFR Part 200(E).

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient 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 sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Procurement of Recovered Materials- A non-Federal entity that is a state 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 by 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 (2 CFR Part 200.322)

 

 

SECTION IV                                      TERMS AND CONDITION

 

4.0.1      The vendor must have the ability to service the school district according to the contract.

 4.0.2      Bids must be submitted on the attached bid form(s).  All conventional paper bids shall be hand delivered or sent by registered or certified mail with a return receipt requested to the East Carroll Parish Child Nutrition, 514 Third Street, Lake Providence, Louisiana 71254.  Each bid shall be sealed in the envelope clearly marked on the outside “BID #FS6-20 FRESH PRODUCE AND EGGS.”  The bids will be received until 10:00 A.M., November 28, 2022.  All bids arriving after the scheduled date and hour will be returned unopened to the bidders.  No bid may be withdrawn for at least forty-five (45) days after the scheduled closing time for receipt of bids.

4.0.3       As stated in Section II, General Information, bidders also have the option to submit bids electronically. Please refer to item number 2.0.2 for additional information.

 
4.0.4      Bids delivered in Federal Express, UPS, or any other such deliverer’s envelope shall be sealed in a separate envelope inside the deliverer’s packaging. This envelope should be marked as described above in 4.0.2.  Failure to do this may cause the bid to be inadvertently opened and thus rejected. No faxed bids will be accepted.

4.0.5      CORRECTIONS: All prices and notations must be ink or typewritten. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the crossed out error. Any correction shall be initialed in ink by the person signing the bid.

 4.0.6      SPECIFICATIONS: Bids must be submitted in strict accordance with the specifications contained herein for each item.  If bidder is submitting a bid not conforming to specifications, please indicate on bid form, giving all information needed. All products delivered shall have been processed and packed in accordance with good commercial practice.  All products shall conform in all respects to all application standards promulgated under the Federal Food, Drug and Cosmetic Act in effect at the time of delivery.  Containers specified are to be representative of the product to be furnished if awarded the bid.  Failure to furnish all information requested on the bid form, furnish samples and specifications when requested in the bid may result in disqualification of such bid.

 4.0.7      GRADES are based on standards established by the U.S. Department of Agriculture, Productions, and Marketing Administration. Fruits and vegetables supplied must be of the grade specified for the item.  Grade indications should be the condition of the item upon delivery.

4.0.8     PACKING: The individual fruit and vegetable products for the Fresh Fruit and Vegetable Program are to be packed in individual 1/2cup servings.  To conserve storage space, the preferred container are cellophane bags.  The case containers of each product shall be clean and suitable to the best preservation of the quality of the item within.  Weights of produce do not indicate the container.

4.0.9      For each item bid, extensions are to be made on line items. Each page will be totaled. The value of the entire bid is to be totaled on the last page. 

4.0.10    Contracts will be awarded to the lowest, responsive bidder meeting all bid specifications. Awards will be based on total or bottom line pricing. Bids omitting items will be considered incomplete. The ECPSB/CNP reserves the right to require a performance bond not to exceed 1% of the value of the contract.

4.0.11    The ECPSB/CNP reserves the right to renew or extend this contract or any portion thereof, for up to four twelve month periods, upon mutual agreement in writing.

4.0.12    The ECPSB/CNP acknowledges the volatility the of fruit/vegetable commodity market, most recently because of unexpected weather changes (acts of God). Pricing of the all fruit and vegetable products will be FIRM through September 30, 2022.  The ECPSB/CNP will permit monthly price adjustments (escalate/de-escalate) after this date.  Any request to change pricing must be submitted one week prior to the first serving day of the next month. Audits will be conducted using market sources/bulletins such as those published by the USDA Agricultural Marketing Service. 

4.0.13    At the time set for the opening of bids, the total value of each bid will be publicly opened and read aloud for the information of bidders and others properly interested who may be present in person or by representative.  This bid will not be read item by item.

4.0.14    Bid prices shall include all delivery and handling charges to East Carroll Parish School Cafeterias. A list of schools, physical addresses, managers, and phone numbers is provided.

4.0.15    All vendors must submit a copy of the current licensed (PACA) certificate issued under the Perishable Agricultural Commodities Act (USDA).  Only licensed vendors are eligible to bid.  It is the responsibility of the vendor to report if their certification is revoked or denied.

4.0.16    The successful bidder shall furnish a Certificate of Insurance within fifteen (15) calendar days after award of bid but prior to start of service.  Certificate should provide for:

i.         General Liability Insurance with minimum of $300,000 combined single limit and $50,000 property damage.

ii.       Comprehensive General Automobile Liability Insurance with minimum limits of $100,000/$300,000 bodily injury and $50,000 property damage.

iii.     Workers Compensation with $100,000 employer liability coverage.

 

 

 

 

 

SECTION V                               SPECIAL TERMS AND CONDITIONS

5.0.1      VOLUME

a.       The estimated quantities of items specified herein are based upon the best information obtainable and represent the estimated and not the actual amounts, which may be required during the contract period.

b.       The fact that specific quantities cannot be determined will not relieve the ECPSB/CNP of their obligation to order from the successful bidder, all produce and fresh eggs which in the judgment of the Director of Child Nutrition may be needed, and shall not in any case relieve the successful vendor of its obligation to fill all order which may be required during the contract period.

c.       Estimated quantities which are not ordered prior to expiration of the period specified, or termination of the contract, shall stand automatically canceled.

d.       The projected quantities to be used by the ECPSB/CNP are shown on the Request for Quotation Forms.

5.0.2      ORDERS

a.   Orders will be transmitted from the CNP Purchasing Clerk.  Orders may be emailed (preferred), faxed or telephoned.

b.   Weekly deliveries must contain quantities of each type of item ordered.

c.   No personal orders can be taken and/or delivered.

5.0.3      EXCLUSIVITY

a.   The ECPSB Child Nutrition Program will use the designated vendor as an exclusive source for produce

       except for the time period when purchases are being made under the Department of Defense (DoD)

       purchasing program. The only other exceptions might be in time of emergency when purchases from

       another source might be necessary to complete meal service.

b.    Schools will purchase DoD produce until funds are depleted.  Items not on the DoD list and items from

       the Fresh Fruit and Vegetable Program will be purchased through the designated/awarded vendor.

 

5.0.4         DELIVERY

 

a.   Delivery shall be made to all the schools each week. All produce is to be delivered in refrigerated trucks.

       All items are subject to final acceptance at point of delivery.  All deliveries are made to individual schools

       on Monday and/or Tuesday of each week preferably between 6:00 a.m. and 10:00 a.m.

b.   All deliveries are to be made within the operational hours of each school cafeteria.  The successful vendor is

       responsible for establishing a delivery schedule.  This schedule must be submitted to Child Nutrition Services

       (Attention: Mary Manning) upon notice of award and before making any deliveries.  The Child Nutrition

       Department must be notified of any schedule changes.

c.    The vendor should give IMMEDIATE NOTICE to the Child Nutrition Department, Cheryl Kennedy, 318-559-2221 ext. 2022 of inability to deliver.  If the vendor is unable to deliver any item requested by the specified

        delivery date, the Cafeteria manager must be notified so that other arrangements can be made. 

The ECPSB/CNP reserves the right to cancel the portion which has not been delivered with the specified time and/or to purchase it elsewhere, charging the increase in price and cost of handling, if any, to the Contractor.

e.       Drivers shall place product delivered in the cooler or dry storage area, whichever is designated by the manager.

f.        Deliveries are subject to re-weighing during receiving process.

5.0.5          DAMAGED OR UNSUITABLE PRODUCT

a.       The successful contractor will pick up damaged and/or unsuitable product.  East Carroll Parish Schools will be given credit for all damaged and/or unsuitable product.

b.       Vendor may have the option to replace damaged and/or unsuitable product.

5.0.6          HACCP REQUIREMENTS

a.       The East Carroll Parish Child Nutrition Program expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers.  Prior to awarding the bid, ECPSB/CNP may require documentation verifying a written HACCP plan is followed.

b.       Produce should be held and delivered according to recognized food safety HACCP standards.

c.        In the event of a USDA Hold/Recall of any foods that may be in any school’s possession, the ECPSB/CNP expects to be notified IMMEDIATELY 24/7.  This food will be replaced at no cost to the school system.

5.0.7      INVOICES

a.       Invoices shall be dated as the date items are delivered.

b.       The vendor invoice shall be left at the time of delivery, match with what product was delivered, and contain complete product information.  In the event of error (omission/returns) the delivery driver will initial changes to the invoice.

c.        The manager or designee will sign the invoice acknowledging merchandise was delivered to the cafeteria.

d.       The vendor should leave two (2) invoices at each school.

e.       In the event of errors, a credit or debit (as the case may be) is to be issued against the invoice.

f.        The credit, or debit, in regards to deliveries or pickups, shall be sent to the CNP office.

g.       All handwritten invoices shall be marked “actual” invoice unless it will be re-billed on a computer generated ticket.

 5.0.8          TAXES

Federal Excise Taxes are not applicable to any purchase of the East Carroll Parish Child Nutrition Program. Bids should not include any such taxes. Exemption certificates will be furnished upon request. Effective September 1, 1991, according to Act 1029, Parish School Boards are also exempt from paying state and local sales tax.

 5.0.9      PAYMENTS

a.       Invoices are paid as received in the office each week.

b.       Payment will be due 30 days from the date of the delivery.

c.        Statements shall be submitted to the East Carroll Parish Child Nutrition Program, P.O. Box 792, Lake Providence, LA 71254 Attention:  Cheryl Kennedy for the one (1) calendar month of deliveries by the 5th of each month.  Statements also may be emailed to Cheryl Kennedy  ([email protected] ) 
and Kristel Webb ([email protected])


5.0.10    ADDITIONAL ITEMS

If, during the contract period, new products are brought to the attention of the Child Nutrition Department, such products may be added to this contract if determined by the ECPSB/CNP that it would be in the best interest of the program.  Such products and prices must be approved by the Director of Child Nutrition and the CN Purchasing Clerk (or their assignees) before the items may be added to the contract.  All proper procurement procedures will be followed on new items.

 

 

 

 

 

SECTION VI                          REQUIRED FEDERAL FORMS TO RETURN

 1.     Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions

 2.     Certification Regarding Lobbying

 3.     Disclosure of Lobbying Activities

4.     Certificate of Independent Price Determination

 5.     Buy American (Food and Produce Bids Only)