PRFSDNumber #2017-3

Name PAPER AND SUPPLIES RFP

Mail or Deliver to:(no fax bids accepted)

Pittsburgh Regional Food Service Directorsc/o Meredith Bailey, Bid ChairKiski School District200 Poplar StreetVandergrift, PA 15690

BidDeadline

11:00 AM on Monday, May 22, 2017

Mrs. Bailey:

We, the undersigned, herewith propose and agree to furnish to Pittsburgh Regional Food Service Directors (PRFSD) bid member schools (PRFSD Schools) all of the items that we have priced, at the net prices set opposite each item on the attached sheets.

This proposal is subject to all the terms of the contract documents, as defined in the “Conditions of Bid”.  We hereby agree to enter into a written contract to furnish such item(s), and warrant that all bid prices to PRFSD Schools will remain as quoted on the Bid #2017-3 Paper and Supplies Bid regardless of award status.

We understand that PRFSD reserves the right to reject any or all bids or any portion thereof not deemed satisfactory, or to select single items from any bid.

The undersigned Bidder certifies to having read all the contract documents and offers to furnish items, as specified, to PRFSD Schools in exact accordance with these specifications and conditions at the prices stated on the attached forms.

DATE                                          ________________________________

COMPANY NAME          ________________________________

ADDRESS          ________________________________

TELEPHONE NUMBER           ________________________________

TYPED NAME            ________________________________    TITLE           ________________________________

SIGNATURE           ________________________________

DATE           ________________________________

PRFSD BID #2017-3 Paper and Supply STANDARD BID SPECIFICATIONS

A. Intent1. The specifications contained herein are intended to cover the furnishings and delivery of non-food items.

Vendors must bid on ALL items to be considered for bid.  Prices will be offered only to self-operated school districts. Sites will be at $150.00 or less per delivery stop.

2. Only members of PRFSD who appear on the PRFSD approved purchasing list (PRFSD Schools) will be offered these prices.

3. PRFSD reserves the right to add additional member (school districts) to the approved purchasing list at anytime, see section F, 12.

4. “Price quotes”, must be executed in accordance with, and subject to these instructions and specifications or list of materials attached hereto.  This bid is being (received) according to law as set forth in the Pennsylvania Public School Code of 1949, as amended (revised December 1, 2006).

B. Bid Submission Information1. Sealed quotations must be clearly marked on the outside of the envelope:

PRFSD BID #2017-3                  Quotes shall be mailed to:  Meredith Bailey, Food Service Director                                                             Kiski School District

 200 Poplar Street Vandergrift, PA 15690

IN ADDITION TO THE HARD COPY, AN ELECTRONIC COPY MUST BE SENT TO:   prfsdbid@gmail.com                    

1. No quote will be entertained unless it is prepared upon the OFFICIAL FORM and signed in blue ink by an official submitting the proposal.  Do not use substitute forms and do not change or substitute quantities ordered.  Please return a copy with the signed proposal.  Unsigned proposals will not be considered.

2. Vendors will be notified of quote results, in writing, as soon as practical.3. Prices quoted must include all costs for transportation to the locations attached.  The value of any and all

discounts, rebates, credits, allowances and incentives must be applied to purchases and reverted back to the SFA. Any discount, standard rebate, or promotional allowance must be indicated on this bid.  

4. PRFSD reserves the right to: 1) accept or reject all or part of this bid, and to accept or reject any item or group of items for which bid is submitted, 2) to waive any irregularity, informality or technicality in any quotation received, 3) make all decisions regarding the proposal including, without limitation, the right to decide whether a bid does or does not substantially comply with the requirements of this “RFP,” 4) negotiate modifications in any terms of supplier’s proposals or any parts thereof.  

5. The quality of goods must be per specifications and must be acceptable to PRFSD members.

C. Payment Process1. Upon receipt of delivered goods and along with proof of delivery (i.e. invoice, packing slip, etc), each

school district will issue payment within 60 days.2. Statements shall be sent to the administrative billing office of each food service department.3. Bidders are encouraged to offer discounts based on expedited payment by each school district.  Each

school district will make efforts to take advantage of discounts, but discounts will not be considered in determining the lowest bid. Discount periods shall be calculated starting from the next business day after the recipient has accepted the goods or services with a properly signed invoice.  Payments issued within 30 days are eligible for _________% discount deducted from invoice (fill in the blank).

4. School Districts may offer the opportunity for vendors to be paid through the procurement card (P-Card).  Purchasing transactions utilizing the p-card will usually result in payment to vendor in three days.

5. Invoices submitted cannot exceed price quoted.6. All charges must be reflected in the original bid price.

D. Samples & Nutritional Information1. Samples must be submitted where practical or required.  In all cases where no sample is submitted by

the bidder, it will be understood that the bidder agrees to furnish the exact article or articles as specified, or to exactly match PRFSD’s sample.  Where samples are requested on items bid, failure to provide such samples may result in the automatic disqualification for the bid for those items.

2. Samples, to receive consideration, must be delivered to Meredith Bailey c/o Kiski School District, unless otherwise specified, and all charges for transportation, including drayage, must be paid by the bidder.  Samples must be delivered on or before the day and hour for opening this bid.

3. In the event that any of the said products shall be rejected as unsuitable or not in conformity with these specifications, such products of proper quality as set forth in these specifications shall be furnished in place thereof at the expense of the successful bidder.

4. The Bid winner will be responsible for providing nutritional information for all bid items by August 1, 2017.  All information must be made available in a PDF file and/or a flash drive, and must be PDF compliant (may NOT be a scanned image of PDF file or WORD document).

E. Completing the Bid1. No more than one alternate product may be quoted on any single item of the bid.  Description and pricing

for such alternate must be typed in on this document immediately below space for pricing of primary bid.  2. Designating a brand name is to indicate type or quality, and does not exclude items of equal quality.

Any substituted item must have samples submitted upon request. 3. Changes, alterations, or interlineations in the bid are not permitted.4. “Cost Plus” bids will not be accepted unless otherwise requested in this RFP.5. Bids shall show case prices as indicated.  6. Include brand name and code number for every item.7. Quote form reflects expected usage.  Actual quantities may vary.  PRFSD reserves the right to increase

or decrease quantities of items to be purchased to reflect actual member’s needs at the time that orders are issued.  Such additional quantities will be offered for purchase at the price indicated on this bid.

8. Prices are to be quoted, delivered, and unloaded inside (stocking by others) the school district for items purchased. No manufacturer coupons or special discounts with limited time frame will be considered as part of the bid pricing.  

9. Delivery charge for commodity items is a fixed flat fee ____________________.10. Delivery charge special order (commercial items only) is a fixed flat fee ___________.11. All products must be packed under continuous USDA inspection where applicable.  All vendors must be

HACCP certified.  All packaging must be approved by the USDA and the Food and Drug Administration for contact with food and conform to USDA labeling requirements.

12. All PRFSD bid members are exempt from all federal, state, and local taxes including payroll and personal property taxes, franchise taxes, sales and use taxes, and income taxes; the bid price shall be net of any taxes.

13. All applicable laws shall be deemed to be part of these specifications and shall be read and enforced as though they were included.  This includes the Pennsylvania Act 1984-1519, Worker and Community Right-To-Know-Law.

F. Delivery and Service1. ALL DELIVERY CHARGES TO DESTINATION MUST BE INCLUDED IN PRICE. However, if the

price of fuel were to increase 50% above the current market price as of July 1, 2017 a flat fee of $5.00 will be added to each drop site.  If the market drops below the 50% the fee will be dropped.  See www.eia.doe.gov/oog/info/gdu/gasdiesel.asp

2. When a substitute item of equal or greater quality is delivered to the schools, the invoice shall reflect the prices quoted on the bid at the same price per unit.

3. The distributor awarded the items appearing on the quotation must agree to stock ALL items on this quote at all times. NO changes or substitutions can be made without the approval of PRFSD.  If the winning distributor is out of a bid item, an appropriate substitute of equal or greater quality shall be delivered to the schools, the invoice shall reflect the prices quoted on the bid.

4. Food Service Directors at individual PRFSD Schools shall be notified of “out of stock items and substitutions” by noon on the business day prior to delivery. If a school district has not placed an order by noon, then out of stocks should be communicated by the distributor prior to 4:00 p.m.

5. All deliveries must be accompanied by an itemized invoice. Delivery person and food service manager/staff will check merchandise against invoice.  Upon request, invoices will be sent in duplicate.

6. Upon delivery, each school site will spot check for external and internal damage, cleanliness, defects, spoilage, count, temperature and any other inspections deemed necessary by the Food Service Director/Manager at that site.  Each Food Service Director/Manager reserves the right to make final disposition of all damaged materials either on the spot or at a later date. If product is refused a credit slip will be given to the school district within 24 hours of refusal.

7. All orders are expected to be delivered complete as specified on the Purchase Order/Order Guide.  Delay of deliveries and/or incomplete orders are cause for termination of bid award.

8. Additional fees may be imposed due to the following which will be the responsibility of the distributor, such as:  Requiring “over time” reimbursement for school district staff needed beyond the normal scheduled shift to accept deliveries that arrive after normal receiving hours (to be determined for each school site); Violating City and County ordinances, i.e.,  Idling Regulations  (maximum idling time of  5 minutes; 20 min./hour if less than 40° F or more than 75° F - see http://www.dgs.state.pa.us), or other local regulations as established.

9. A current membership list is included as Attachment to this RFP. An updated membership list for 2017-2018 school year will be distributed prior to July 1, 2017 and new members will be communicated to the as they are added. The provisions of this RFP will be extended to any additional PRFSD school district members throughout the 2017-2018 school year. PRFSD can add new members or remove members within 10% of awarded bid total. The distributor has no authority to add or remove school districts to the list of bid members without receiving previous written consent from PRFSD.

G. Required Vendor Information1. The successful vendor shall keep informed of scheduled school holidays and emergency school closings

(i.e., ice, snow, etc.) via public radio or TV broadcasts or by contacting the school district.  When schools are closed due emergency, orders placed for that day shall be delivered the next day schools are open, unless the district requests to keep delivery day the same. In the event an order must be re-delivered due to weather or extreme emergency, no additional charges shall be assessed to any school district for such closings.

2. Vendors must be registered with the FDA as compliant with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (PL107-188)

H. On-Line Ordering1. Vendors must have an on-line ordering system, web-based, using Internet Explorer and/or Google

Chrome available 24/7,  in which all sites are capable to place orders as well as one central “Super Buyer” to approve all orders (return and/or reject).  Each site manager/director will have a unique username/password to their school district.  Order Guides must include the vendor’s item number, description, pack size, etc. Site managers/directors must have the ability to save orders, submit orders, edit saved orders, order “No Order”, and create standing orders as well as review past orders and create velocity reports.  

2. Vendor must be able to print the order guide, past orders, submitted orders and create velocity reports. Each site will have default delivery dates, not allowing orders to be placed for non-designated dates.  

3. In addition, vendors must accept electronic Purchase Order to interface with vendor’s software and/or website.

I. Award and Contract Term1. It is the intent to award this contract to the single bidder submitting the most favorable unit prices with

consideration also given to: price/cost 45%, past performance/service of vendor 15%; supplier’s conformance to bid specifications, requirements, terms, conditions, and provisions 5%, supporting resources 15%; and a year to year bid or a three year bid 20%. ALL items MUST be bid in order to be considered for bid.

2. Sealed bids will be received until 11:00 AM on May 22, 2017.3. The length of this quote will be July 1, 2017 to June 30, 2018.  4. Distributors and manufacturers have been afforded the opportunity to quote their lowest price or

allowance. Distributors not awarded the quote will agree not to offer prices to our members lower than those they originally quoted.  Should this occur, any future bid proposals submitted by the offending distributor will not be considered.

5. Distributors who were not awarded the PRFSD Bid understand that districts, who provide usage to participate in this PRFSD solicitation, must first complete their contractual obligations on those products prior to purchasing the same products from another distributor, except in cases of out-of-stocks at the winning distributor.

6. No portion of any resulting contract may be sublet, subcontracted or otherwise assigned without the prior written consent of PRFSD.

7. PFRSD reserves the right to audit the awarded supplier’s records throughout the term of the contract and for a period of three (3) years after its termination.

8. In accordance with federal law, the awarded supplier must complete, sign and return to PRFSD the Internal Revenue Service Request for Taxpayer Identification Number and Certificate (W-9) form.

9. The awarded supplier must submit certificates of insurance to PRFSD prior to commencing any work or making any deliveries to PRFSD Schools.

10. The awarded supplier shall secure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments under which the contract will be performed.

J. Extension Clause1. PRFSD may wish to extend this contract for one additional school year for up to three years two (2)

additional school years upon mutual agreement between PRFSD and winning bidder. Indicate your company’s willingness to extend this contract for one or both additional school years: Yes_____ or No______ (July 1, 2018 through June 30, 2019), Yes_____ or No _____(July 1, 2019 through June 30, 2020).  Any contract resulting from this solicitation may be extended for a period not to exceed 1 year in total, upon the mutual agreement of both parties between March 1, 2018 and April 1, 2018 for school year 2018-2019 (July 1, 2018-June 30, 2019); and upon mutual agreement of both parties between March 1, 2019 and April 1, 2019 for school year 2019-2020 (July 1, 2019-June 30, 2020). Should this contract be canceled for reasons of non-availability of funds, cancellation would take place on the last day of the original appropriation period, June 30, 2018.  In the event of cancellation or non-availability of funds, PRFSD will not be obligated to purchase any items remaining in inventory. Vendors will be notified well in advance of a pending cancellation.

2.  By April 1st prior to the start of the following school year the awarded distributor will be required to contact manufacturers that secured pricing to confirm price changes for the following school year. By May 1st prior to the following school year the awarded distributor will provide Pittsburgh Regional Food Service Directors a spreadsheet off all bid items indicating price increases or decreases for the following school year.  This spreadsheet will also include any distributor code changes for the bid items.   Price increases should not exceed the most recent percent increase put out by the Bureau of Labor Statistics Producer Price Indexes for each commodity item. www.bls.gov. Petitions for increases shall be based on the cost of product only. Approval or rejection of requested increases will be based on Producer Price Indexes. The Distributor is expected to pass market decreases on to the SFAs. Pittsburgh

Regional Food Service Directors may petition for an invoice decrease based on the most recent Producer Price Indexes.

K. Contact Information1. All inquiries, communications and correspondence regarding this bid must be directed to Meredith

Bailey, Bid Committee Chair, meredith.bailey@kiskiarea.com or Eileen Watkins prfsdbid@gmail.com. All such inquiries will be submitted in writing on or before 2:00 p.m., May 16, 2017.   Questions and Answers will be recorded and made available on the PRFSD website (www.prfsd.com) where prospective bidders are encouraged to check for changes.

2. PRFSD shall not be responsible for any cost incurred in the preparation of a supplier’s proposal.

L. Bidder Disqualification1. Vendors may be disqualified from doing business with PRFSD and have their names removed from the

vendor list for reasons including, but not limited to:a). Failure to deliver or comply with the specifications and/or the contract terms and conditions.b). Failure to deliver or perform on a timely basis.c). Offering any gift, gratuity, favor or advantage, present or future, to any PRFSD members for personal gain  This includes extending any discount or privilege not available to all PRFSD members.d). Failure to disclose a conflict of interest in a bid or contracte). Conviction of any criminal offense involving public contracting.

M. Terms and Conditions

TERMINATION FOR CAUSEPRFSD reserves the right to terminate this contract between itself and the winning distributor if any of the previous conditions are not met. The distributor shall be given fifteen (15) working days to remedy any violation of this contract. After such time, the distributor shall be given written notice fifteen (15) working days in advance of the actual termination of the contract.Should this contract be terminated in its entirety due to any violation of this contract by the distributor, the distributor shall be barred from responding to any future solicitations with PRFSD for a period of twelve (12) months from the date of the termination of this contract. In the event that the distributor is unable or unwilling to maintain this contract, it agrees to notify PRFSD in writing at least 30 days prior to its intent to terminate or default on the contract. PRFSD may make a determination based on the circumstances of termination as to whether the distributor will be eligible to participate in future contracts. Upon termination or default of this contract, either by the distributor or PRFSD, the outstanding balance of invoices for items already received will be paid by the school districts with no additional settlement required on the part of PRFSD.

EQUAL EMPLOYMENT OPPORTUNITYAwarded contractor and subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(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, protected veteran status or disability.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Awarded distributor must adhere the following provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). a. Overtime Requirements – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. b. Working Conditions – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require such laborer or mechanic to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

RIGHT TO INVENTIONS MADE UNDER A CONTRACTPursuant to 37 CFR 401.1-16, the winning Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world.

BUY AMERICANSchools participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US.

Federal regulations require that all foods purchased for Child Nutrition Program be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when:

1. the product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas and pineapple; and

2. competitive proposals reveal the cost of a domestic product is significantly higher than a non-domestic product.

ALL products that are normally purchased by Distributor as non-domestic and proposed as part of this solicitation must be identified with the country of origin. Distributor shall outline their procedures to notify PRFSD when products are purchased as non-domestic in a separate attachment.

Any substitution of a non-domestic product for a domestic product (which was originally a part of the solicitation), must be approved, in writing, by the Pittsburgh Regional Food Service Directors bid committee chair, prior to the delivery of the product to the School(s).

Any non-domestic product delivered to the School(s), without the prior, written approval of the Pittsburgh Regional Food Service Directors, will be rejected.

Distributor must affirm their willingness to assert their best and reasonable efforts to ensure compliance with this federal rule.

1. Vendors must have active knowledge with the Green Seal Program, involving sustainable food; energy management & conservation; water consumption & management; air quality; waste reduction & management; cleaning & landscape management; and overall company responsibility

2. “Cost Plus” bids will not be accepted unless otherwise requested in this RFP.

Not Debarred, Suspended, Proposed for Debarment, Declared Ineligible, or Voluntarily ExcludedIf the negotiated contract exceeds $25,000, Distributor/Vendor certifies that neither the company nor any of its principals has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency.

LOBBYINGIf the negotiated contract exceeds $100,000, Distributor/Vendor certifies that no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any federal agency or Congress with respect to the awarding of a federal contract, etc.If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency or Congress, Distributor is required to submit a “Disclosure Form to Report Lobbying.”

FORCE MAJUERE CONSIDERATIONThe term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the vendor’s industry equally and are not actions taken solely against the vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.The parties to this Contract will be required to use due caution and preventative measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the party seeking relief under this section. The party seeking relief due to Force Majeure will be required to promptly notify the other party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim. Delay or failure of performance, by either party to this contract, caused solely by the Force Majeure event shall be executed for the period of delay caused solely by the Force Majeure event, provided the affected party has promptly notified the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure.PRFSD and PRFSD Schools will not be responsible for any costs incurred by the vendor because of the Force Majeure event unless PRFSD or a PRFSD School has requested, in writing, that the distributor incur such costs in connection with any delay or work stoppage caused by the Force Majeure event, and PRFSD or a PRFSD School has agreed in writing to incur such additional costs.Notwithstanding any other provision of this section, in the event the vendor’s performance of its obligations under this contract is delayed or stopped by a Force Majeure event, PRFSD shall have the option to terminate this contract in accordance with the General Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination.” Furthermore, this section shall not be interpreted as to limit or otherwise modify any of PRFSD’s rights as provided elsewhere in this contract.

Assurance of Non-CollusionBy signing this bid, the offeror assures that, to the best of his/her knowledge:

(1)    Neither the offeror nor any business entity represented by the offeror has received compensation for participation in the preparation of the items specifications or the General Terms and Conditions related to this RFP,

(2)    This bid has been arrived at independently and is submitted without collusion with any other offeror, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any offeror an unfair advantage over any other offeror with respect to this RFP.

(3)    The offeror has not accepted, offered, conferred or agreed to confer, and will not in the future accept, offer confer, or agree to confer any benefit or anything of value to any person or entity related to PRFSD or any of its members in connection with any information or submission related to this bid, any recommendations, decision, vote or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or served related to this bid.

(4)    Neither the offeror, nor any business entity represented by the bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of the state of Pennsylvania with regard to this bid, and this bid has not been knowingly disclosed, and will not be

knowingly disclosed to another offeror, competitor, or potential competitor prior to the opening of bids.

(5)    No attempt has been or will be made to induce any other person or entity to submit or to not submit a bid.

CRIMINAL BACKGROUND CHECKS         The Vendor shall conduct criminal background checks on each of its employees who, pursuant to this

Agreement, engage in any services on PRFSD Schools property or at PRFSD or PRFSD Schools events.  The Vendor shall provide documentation that criminal background checks were conducted on each of its employees prior to hiring, and shall refuse employment to any person convicted of a felony or any other crime, whether misdemeanor or felony, that indicates the person poses a threat to the physical safety of students, school personnel or others.  Such check shall include an annual check of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry.  Vendor shall not assign any employee or agent to provide services pursuant to this contract if (1) said worker appears on any of the listed registries; (2) said worker has been convicted of a felony; (3) said worker has been convicted of any crime, whether misdemeanor or felony, involving sex, violence, or drugs; or (4) said worker has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of student or school personnel.  PRFSD reserves the right to prohibit any individual employee of Vendor from providing services on PRFSD or PRFSD Schools property or at PRFSD or PRFSD Schools’ events if PRFSD determines, in its sole discretion, that such employee poses a threat to the safety or well-being of students, school personnel or others.

DEFAULT/BREACH OF CONTRACTWhen federal funds are expended by the District, the District reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

OTHER FEDERALLY REQUIRED CONTRACTUAL PROVISIONS

Distributor is required to comply with applicable parts of state energy conservation standards of Pennsylvania. If the contract exceeds $2,500, Distributor is required to comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented.

If the contract exceeds $100,000 Distributor is required to comply with Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use of facilities included on the EPA List of Violating Facilities. Contractor shall report all violations to the grantor agency and to the USEPA Administrator for Enforcement (EN-329).

Non-Discrimination Clause 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, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

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 responsible Agency or

USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination 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) 632-9992. 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. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

Historically Underutilized Business (HUB) Certification

Companies submitting bids that have been certified by the Pennsylvania Department of Administration as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this Request for Bid.

I certify that my company has been certified by the Pennsylvania Department of Administration as a Historically Underutilized Business (HUB), and I have attached a copy of our HUB Certification to this form. (Required documentation for recognition as a HUB).

·         Minority·         Small Business·         Woman OwnedMy company has NOT been certified by Pennsylvania as a Historically Underutilized Business (HUB).

____________________________________________________________________Company Name (Please Print)____________________________________________________________________Signature of Authorized Representative

CERTIFICATION FOR CONTRACTS, GRANTS, LOANSAND

COOPERATIVE AGREEMENTS

LobbyingThe undersigned certifies, to the best of his or her knowledge and belief, that:(1)     No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.(2)     If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.(3)     The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.  Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code.  Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

________________________________________________________________________Company Name (Please Print)___________________________________________            ________________Signature of Authorized Representative                                 Date

CONTRACT SOLICITATION AND AWARD PROTEST PROCEDURE

POLICY:

Manufacturers or distributors who disagree or are otherwise aggrieved by the competitive procurement process for contract solicitation and award have the right by federal regulation to enter into a formal protest with Pittsburgh Regional Food Service Directors (PRFSD).

PROCEDURE:

Federal regulations are the primary authority for rules related to competitive procurement.  Those regulations that MAY be applicable to competitive procurements of PRFSD are found in OMB Circular A‐87, A‐122, 2 CFR 200 and 7 CFR 210, 220, 3016, 3019.  Applicability of the federal regulation depends upon the product or services being procured and the federal program in which it will be used.  In addition, Pennsylvania School Code contains additional state regulations related to competitive procurement that may also be applicable. 

Protests may by any of the following:1) By a party who did not submit a bid or proposal;2) By a party who has responded to an invitation for bids (IFB), a request for proposal (RFP) or a request for 

qualification (RFQ); 3) By a prospective contractor who is aggrieved in connection with the solicitation or award of a contract

Those parties who did not submit a bid or proposal must file for protest prior to the advertised opening date of the IFB, RFP, or RFQ.  Protests received after that time will not be reviewed and considered.  Such protests will be dismissed as untimely.

Those parties who responded to an IFB, RFP, or RFQ or who are aggrieved in connection with the solicitation or award of a contract must file for protest within seven (7) days of the protesting party knowing of the facts giving rise to the protest.  No protest filed after that protest window or more than seven (7) days after the date of notice of contract award will be reviewed and considered.  Untimely protests will be dismissed.

The date of filing will be the date the protest is received by PRFSD.  Protests to contract solicitations and awards must be in writing and submitted to the contact person listed on the RFP for which a protest is filed.

Protests must be filed utilizing the form titled, “Notice of Protest.”  Appropriate documentation or relevant information may be included as attachments to the form when completed and returned.  Issues not raised in the original written protest are deemed to be waived and may not be raised on appeal.  All documentation is forwarded to the Board of Directors for PRFSD for review and consideration within five (5) days of receipt.

If the contract has been awarded, the successful contractor will be made aware of the protest within five (5) days of receipt.  If the protest is received before the contract is awarded and substantial issues are raised by the protest, all bidders and offerors who appear to have a substantial and reasonable prospect of winning the award shall be notified of the protest and the reasons for the protest.  They may, in turn, file their own position to the protest within five (5) days after the receipt of the Notice of Protest.

Action on the contract solicitation or award shall be stayed until the protest is resolved except in cases where state or federal deadlines prevail.  In those cases, the contract award will be issued, but performance by the awarded contractor will be suspended until the protest is resolved.  If there is a continued delay in resolving the protest, PRFSD reserves the right to resume its activities related to the procurement under protest if such action is found to be in the best interest of the membership affected by the protest.

The Board of Directors for PRFSD has up to fifteen (15) days to review the protest and any documentation or relevant information.  This period will also be used for additional research as needed.  Additional documents or information deemed necessary to resolve the protest may be requested during this period.  The Board of Directors for PRFSD reserves the right to schedule a hearing to review the protest with the protesting party and other affected parties.  If additional time is required to resolve the protest, the Board of Directors for PRFSD will notify the protesting party of such action.  At no time will any protest remain without determination in excess of sixty (60) days from the receipt of the original Notice of Protest.

If the contract solicitation or award is found to be contrary to law, the Board of Directors for PRFSD reserves the right to cancel the solicitation, change the solicitation to comply with law, reject all bids or proposal or those parts of the bids or proposals which were affected by the violation, or change/cancel the contract award to comply with the law.

If such determination is made after execution of the contract and the contractor has not acted fraudulently or in bad faith, 1) the contract may be ratified and affirmed if doing so is in the best interest of PRFSD membership, 2) the contract may be modified to comply with the law with the consent of all parties, or 3) the contract may be cancelled in accordance with the termination, default, and settlement clause in the contract.

If such determination is made after execution of the contract and the contractor has acted fraudulently or in bad faith, the contract may be 1) declared void; 2) modified to comply with the law and with the consent of all parties; or 3) ratified and affirmed if doing so is in the best interest of the PRFSD membership.A copy of the protest determination will be sent to the protesting party and any other person determined to be affected by the decision within five (5) days of the determination being made.

This protest procedure is only applicable to PRFSD as an organization of School Food Authorities (SFAs) and does not extend to competitive procurement processes of individual SFAs or their third-parties.

PRFSD

NOTICE OF PROTEST

DATE:                                                                            RFP NUMBER:                                                         

PROTESTING PARTY:                                                                                                                                                 

______A party who did not submit a bid or proposal;______A party who has responded to an invitation for bids (IFB), a request for proposal      (RFP) or a request for qualification (RFQ); ______A prospective contractor who is aggrieved in connection with the solicitation or award of a contract

REASON FOR PROTEST:

                                                                                                                                                                                                            

                                                                                                                                                                                                            

RELEVANT INFORMATION (attach documents as needed):                                                                  

                                                                                                                                                                                                            

                                                                                                                                                                                                            

                                                                                                                                                                                                            

Do not write below.  For PRFSD use only.

Date Notice of Protest Received:                                                  Eligible for Review:   Yes    No

Date Forwarded to PRFSD BOD:                                                                                                                                            

Date Forwarded to Awarded Contractor or Eligible Respondents:                                                   

Date of Review and Consideration:                                               Extension Date:                                   

Date of Determination:                                                                   Determination Made:                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                                  Signature of PRFSD BOD President Signature Date