IDEA PUBLIC SCHOOLS REQUEST FOR QUOTES FOR FRESH PRODUCE FOR THE CHILD NUTRITION PROGRAM

Transcription

1 IDEA PUBLIC SCHOOLS REQUEST FOR QUOTES FOR FRESH PRODUCE FOR THE CHILD NUTRITION PROGRAM

2 July 14, 2016 To Whom It May Concern: IDEA Public Schools (District) invites you to quote on Produce. Quote sheets are to be ed weekly from the Child Nutrition Program every Friday after 1:00 PM CST. Quotes will be received every Monday morning no later than 10:00 AM CST. Quotes will be awarded after quote study and consideration. The District reserves the right to hold weekly quote prices after quote opening without acting on them. Any ed Produce Quote received after the time set for opening will be kept on file at the Child Nutrition Program. The District will not be responsible for miss sent or misplaced quotes. The right is reserved, at the interest of the owner, to reject any or all quotes and to waive any formalities in quotes received and accept the quote most advantages to the District. Please note the conditions below of the quote. The District requests that all proposals be submitted on the enclosed weekly produce quote (Attachment K). Thank you, CNP Assistant Director of Finance 2

3 PART I SCOPE AND INTENT PURPOSE IDEA Public Schools (herein after referred to as IDEA or the District ) is soliciting Request for Quotes (RFQ) from companies/business (herein after referred to as vendor or respondent ) for the fresh produce (fruits and vegetables) requirements. Utilizing RFQ method of procurement, the IDEA Child Nutrition Program (CNP) is requesting weekly quotes from vendors to establish competitive pricing for the purchase and delivery of fresh produce (fruits and vegetables) to each of the cafeterias in the District. The District may award one vendor per week per geographic area (i.e. Rio Grande Valley, San Antonio, Austin). Respondent can choose to submit quotes for one area or all areas separately (i.e. Rio Grande Valley, San Antonio, Austin). A delivery sites by campus list (Attachment J) with addresses is included in this solicitation. BACKGROUND IDEA is a growing network of tuition free K 12 public charter schools serving more than 29,000 students in 50 schools throughout the Rio Grande Valley, Austin and San Antonio. FUNDING IDEA is a 501(c)(3) non profit organization. Funding for the District operations and programs are provided through fundraising, philanthropic grants, state and federal funding. PAYMENT TERMS No advance payment will be made to the vendor receiving the quote award. Payment will be made after the merchandise is received and in good order. Payment will be issued upon review and approval of invoice given that there are no discrepancies or disputes within IDEA Public Schools 30 day net policy. SERVICE PERIOD IDEA Public Schools Child Nutrition Program is accepting weekly quotes for the term beginning July 1, 2016 to June 30, SPECIFICATIONS RESPONDENT RESPONSIBILITY Vendors will be required to execute a copy of vendor acknowledgement forms of the items and conditions governing the process. By signing the Vendor Acknowledgement Form, vendor agrees to have the Terms and Conditions are the sole governing instrument and will be mandatory for participation. This procedure will be effective and remain effective for the period beginning July 1, 2016 to June 30, The Buy American provision requirements. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law ) added a provision, Section 12(n) to the NSLA (42 USC 1760(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines domestic commodity or product as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that 3

4 are produced in the United States. Substantial means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part (d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. Vendors of record are solicited by public notice through newspaper or electronic advertisement. The District will solicit these vendors by publishing RFQ annually in our website noted below. An RFQ packet will be available at 10:00 a.m. CST on Friday July 15, 2016, at the Headquarters Office located at 505 Angelita Dr., Ste 9, Weslaco TX attention Noelia Martinez and in our website at the following link, under the Get Involved tab. An RFQ packet will also be available at 10:00 a.m. CST on Friday July 15, 2016, at the San Antonio Headquarters Office located at 4039 Broadway, San Antonio, Texas attention Hannah Cangany. The vendor is responsible for obtaining any updates or amendments to the RFQ from the website. Respondents must complete Vendor Acknowledgement Forms, provided in this solicitation annually and mailed to 505 Angelita Dr., Ste 9, Weslaco TX attention Maribel Anzaldua. No facsimiles or e mails will be accepted for the Vendor Acknowledgement Forms. IDEA Child Nutrition Program will not accept weekly quotes until Vendor Acknowledgement Forms are received and approved by the District s Purchasing Department. If you have any questions in regards to this RFQ process, please contact Maribel Anzaldua, Purchasing Supervisor, at Weekly request for quotes are to be ed from IDEA Child Nutrition Program on Friday after 1:00 PM CST weekly. The quotes shall be ed to IDEA Child Nutrition Program at CNPProduce@ideapublicschools.org no later than 10:00 AM CST every Monday. GENERAL TERMS AND CONDITIONS DESIRED SERVICES The selected respondent(s) will follow practices, processes, and protocols established by local, state, and federal agencies with respect to their field of service and goods. The following describes the general service and performance requirements that the awarded vendor(s)/respondents(s) will be required to perform. A. The specifications cover the fresh produce items which includes fruits and vegetables for the Child Nutrition Program. The District is accepting weekly quotes for the term beginning July 1, 2016 through June 30, B. Vendor acknowledges compliance with the Buy American provision and understands the explicit language contained in such provision, its responsibilities and as such is in compliance with the statutory provision. C. Must have a recognized place of business. D. Weekly produce prices are due every Monday, except when the District is closed. On Monday, prices may be ed to CNPProduce@ideapublicschools.org by 10:00 AM CST. Pricing must be market price plus fixed fee. Each copy must show the Supplier s Company name, date and phone number. Pricing must be the same for all locations in a specified area (i.e. Rio Grande Valley, San Antonio, Austin). E. Proposal is a fixed fee per case, or bag (pounds identified for each unit in spreadsheet) plus the current Shippers Quote, Broker Quote, or Area Market Report. This report must be made available to IDEA Public Schools Child Nutrition Program upon request. 4

5 F. Quotations will be compiled and compared to the week s fresh produce requirements for the Child Nutrition Program. District may award one vendor per week per geographic area (i.e. Rio Grande Valley, San Antonio, Austin). District has the right to accept or reject any and all quotes and to waive any informalities in quoted received and accept the quote most advantageous to the District. Respondent can choose to submit quotes for one area or all areas separately (i.e. Rio Grande Valley, San Antonio, Austin). A delivery site list by campus (Attachment J) with addresses is included in this solicitation. G. Awarded vendor shall have the ability to receive weekly orders by or using an on line ordering system with a designated shopping list from IDEA Public Schools (preferably web based). H. The District reserves the right to cancel produce orders within a 5 day notice. I. In compliance with the State of Texas Education Code, section A school district that purchases agricultural products shall give preference to those produced, processed, or grown in this state if the cost to the school district is equal and quality is equal. If the agricultural products produced, processed, or grown in the state are not equal in cost and quality to other products, the school district shall give preference to agricultural products produced, processed, or grown in other states of the United States over foreign products if the cost to the school district is equal and quality is equal. It is the intent of the Child Nutrition Program to buy Texas grown or locally grown products when in season. J. Fresh produce will be packed and delivered in individual boxes or packages. Cleaned & trimmed, shredded, diced or mini cuts of produce will be delivered in vacuum sealed bags. Produce must be delivered in clean, well maintained, refrigerated trucks. IDEA Public Schools Child Nutrition Program has the right to reject a vendor because of unsatisfactory service, product, or unsanitary conditions. No decayed product will be tolerated. With weekly deliveries, all produce shall have a shelf life expectancy of at least 5 days. The vendor will be notified if any portion of specified shipment does not meet specifications of quality and/or wholesomeness. Wholesomeness means that products shall have no evidence of off conditions, including, but not restricted to, off flavor, off odor, sour, sticky, rancid, or grassy characteristics. It will then be the responsibility of the vendor to pick up the entire shipment. If shipment is not picked up within a 10 day maximum, it will be destroyed by the District. K. The District reserves the right to purchase fresh produce elsewhere, if the product does not meet specification. L. Each produce item must have a grade as specified on the weekly produce quote (Attachment K) of this solicitation. of items with pack size and grade specifications. No sulfites shall be used on any products. No substitutions may be made available without the approval from the Child Nutrition Program. It is expected that substituted products shall be of the same or higher quality and the price shall be equal to the price for the specified items. M. Samples may be requested on food products as needed. N. Untimely deliveries may be cause for canceling the weekly quotation. After the quote is awarded and vendor(s) default(s) in meeting the general instructions to vendors and/or comply with contract agreement, IDEA Public Schools reserves the right to seek services from the next low vendor. In such event, the District shall charge the successful vendor the difference for any additional costs of such quote item. O. All respondents will submit a food summary and/or nutritional information for each produce item that includes: description, calories, total fat, saturated fat, sodium, total carbohydrates, protein, amino acids, vitamins, minerals, sterols. P. All respondents must conform to all state and federal guidelines for quality control and or food handling. Q. The awarded vendor(s)/respondent(s) must have access to a lab or facility that test for, but not limited to: E. coli, Listeria Monocytogenes, Salmonella, Staphylococcus Aureus, Shigella. R. The awarded vendor(s)/respondent(s) must have either a B.S. level Microbiologist on staff or retain as a consultant to perform various testing to assure their products are safe for human consumption. S. The awarded vendor(s)/respondent(s) must have USDA approved facilities and a HACCP plan in place for their facility, delivery vehicles, and the recall of produce items. T. Respondent must have pest free storage areas, delivery vehicles, and have a pest elimination service in place for their locations of business. U. Furnish copies to the Child Nutrition Program of at least two (2) health department inspection reports done within the last year. You may include any United States Department of Agriculture (USDA) inspections. 5

6 V. Respondent s employees (those with direct contact with produce) must have a food handler s permit or a comparable food certification. W. Adequate insurance coverage must be presented in the form of a certificate of insurance. Name IDEA Public Schools as an extra insured on the awarded vendor(s)/respondents(s) policy and give IDEA Public Schools 30 day notice of cancelation. The following list outlines the required insurance coverage for the proposal: Type of Coverage Amount of Coverage General Liability Insurance 1,000,000 Workers Compensation & Employee Liability Insurance 500,000 Note: No substitution of coverage will be accepted. If the required proof of insurance is not submitted with the proposal, it will be determined to be non responsive and will not be evaluated. DELIVERIES A. Daily deliveries of the fresh produce requirement will be made by refrigerated truck before 9:30 AM CST to all locations in specified area (i.e. Rio Grande Valley, San Antonio, Austin) as stated in Attachment J. Respondent can choose to submit a quote for one area or all areas (separately). B. Produce will be inspected by IDEA Public Schools Child Nutrition Program upon delivery and will be refused if not of acceptable quality or specifications. The District reserves the right to make further inspection of the product after delivery and have product which does not meet specifications picked up and replaced or credited. Delivery of any replacement produce will be the responsibility of the vendor. C. All fresh produce must be delivered in adequate container, with correct labeling, weight and/or count of product, and proper temperatures. Variations in packing size and weight is not acceptable without proper written notification of proposed changes. D. Delivery Personnel must be appropriately uniformed, and readily identifiable with a name ID. Delivery Personnel must also have undergone a criminal record check and these criminal record checks should be periodically administered by awarded vendor. E. All deliveries will be accompanied with an invoice that will be left with the customer (Child Nutrition Program personnel). This document will be used to match the statement the vendor will submit each month to Child Nutrition Program Accounts Payable Clerk. WHO IS ELIGIBLE TO RESPOND Respondents who are able to meet the technical specifications for quality and other terms of this proposal solicitation, and who are not debarred and/or suspended from conducting business with district, federal and state funded agencies are invited to respond. A prospective respondent must affirmatively demonstrate respondent s responsibility. A prospective respondent, by submitting a quote, represents to IDEA Public Schools that it meets the following requirements: Possess or is able to obtain adequate financial resources as required to perform under this RFQ. Is able to comply with the required or proposed RFQ. Have a satisfactory record of integrity and ethics. Be otherwise qualified and eligible to receive an award. Be in good standing with the applicable national or state associations PROCUREMENT CONDITIONS/GENERAL TERMS Procurement of these items shall be in accordance with the IDEA Public Schools procurement policies and general terms as follows: IDEA Public Schools reserves the right to accept, or reject any or all quotes received or to cancel or extend in part or its entirety, this Request for Quotes, or make multiple or partial awards. Award of purchase agreement or contract shall be made only to a responsible 6

7 respondent(s), i.e., a respondent who has demonstrated competence to deliver the specified goods/services, a proven record of business integrity and ethics, and the ability to meet the requirements of this RFQ. When submitting a quote, it is required that the respondent have the necessary professional experience, prior training, and applicable professional judgment to perform the activities or deliver the goods stated in this RFQ. Quotes received will become a part of the IDEA Public Schools official files without further obligation to the respondents. The contents of a successful proposal may become a contractual obligation if selected for funding. Failure of the Respondent to accept these obligations can result in cancellation of an award or purchase agreement. IDEA Public Schools reserves the right to withdraw or reduce the amount of an award or to cancel any contract resulting from this procurement if there is misrepresentation or errors in the specifications, pricing, terms, or Respondent s ability to meet the terms and conditions of this RFQ or if adequate funding is not received. A response does not commit IDEA Public Schools to award a purchase agreement or a contract. IDEA does not commit to a reimbursement of any costs incurred in the preparation of a response nor commit to pay for any costs incurred prior to the execution of a formal purchase agreement or contract unless such costs are specifically authorized in writing by IDEA Public Schools. IDEA Public Schools reserves the right to contact any individual, agency, or employers listed in the RFQ, to contact others who may have experience and/or knowledge of the respondent s goods/supplies, relevant performance, qualifications, etc., and to request additional information from any and all respondents. Respondents shall not, under penalty of law, offer any gratuities, favors, or anything of monetary value to any officer or employee of IDEA Public Schools, or to any consultant, employee, or member of IDEA Public Schools for the purpose of or having the effect of influencing favorable disposition toward their own proposal or any other bid submitted hereunder. No employee, officer or member of IDEA Public Schools shall participate in the selection, development of a response to this RFQ, award or administration of a contract supported by the RFQ if a conflict of interest, real or apparent, would be involved. Respondents shall not engage in any activity that will restrict or eliminate competition. This does not preclude joint ventures or subcontracts. Violation of this provision may cause a respondent s response to be rejected. No purchase agreement or contract may be awarded until the respondent has complied with Executive Order 12549, 29 CFR, Part 98 by submitting a signed Certification of Debarment, which states that neither the respondent, nor any of its principles, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a procurement by any Federal department or agency. Prior to award of any purchase agreement or contract, a Respondent must sign a Certification Regarding Conflict of Interest stating adherence to IDEA Public Schools policy regarding free and open competition and conflicts of interest. The District is exempt from federal excise tax, state, and local tax. Do not include tax in cost figure. If it is determined that tax was included in the cost figures, it will not be included in the tabulation of any awards. ADMINISTRATIVE PROCEDURE FOR BIDDER COMPLAINTS Members of the public having complaints regarding the IDEA's purchasing procedures or operations may present their complaints or concerns to the District by written to the following address. IDEA Public Schools Attn. Purchasing Dept. 505 Angelita Dr. Ste. 9 Weslaco, TX (956)

8 PART II VENDOR ACKNOWLEDGEMENT FORMS TITLE PAGE Respondents must complete the following Title Page and include it as the cover sheet for proposals submitted in response to this RFQ FOOD SERVICES A Proposal Submitted in Response to IDEA Public Schools Request for Quotes Submitted by: (Full Legal Name of Respondent) On: (Date of Proposal Submission) RESPONDENT IDENTIFICATION Enter the Respondent s firm s name and address below. 1. Name of Firm 2. Street Address 3. City, State & Zip Code 4. Federal ID# or Social Security Number ADDITIONAL REQUIREMENTS 1. Ownership: Proposal must include name and Social Security Number of each person with at least 25% ownership of the business entity submitting the qualifications. NAME: SSN: ATTACHMENTS The attachments listed below are required and need to be included with the proposal. Attachment C is required to ensure that no potential conflicts of interest exist with IDEA Public Schools Board or staff members. All forms must be signed and completed. 1. Reference Sheet 2. Proof of Insurance or Bonding 3. Attachment A Certification of Respondent 4. Attachment B Certification Regarding Drug Free Workplace 5. Attachment C Conflict of Interest 6. Attachment D Equal Opportunity and Nondiscrimination 7. Attachment E Proposal Questionnaire 8. Attachment F Clean Air & Water Act 9. Attachment G Bidders Certifications Form 10. Attachment H Certification Regarding Lobbying 11. Attachment I Certification Regarding Debarment 12. Attachment J Delivery Site by Campus 13. Attachment K Weekly Produce Quote 8

9 REFERENCE SHEET Note: Respondent must submit at least three (3) responsive business references. (References from past projects for same or similar goods/services.) Customer Agency Contact Person Telephone # Address Amount of Contract

10 ATTACHMENT A CERTIFICATION OF RESPONDENT I, the undersigned, submit this quote/bid and have read the specifications, which are a part of this solicitation. My signature also certifies that I am authorized to submit this quote/bid. Sign as a representative for the firm, and carry out services solicited in this solicitation: Signature of Authorized Agent: Printed Name and Title of Agent: Name of Firm: Address: Telephone Number: FAX Number: Contact Person: Address (if applicable): Web Site Address (if applicable): 10

11 ATTACHMENT B CERTIFICATION REGARDING DRUG FREE WORKPLACE This certification is required by the Federal Regulations Implementing Sections of the Drug Free Workplace Act, 41 U.S.C. 701, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76). The undersigned subcontractor certifies it will provide a drug free workplace by: o o o o o o Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee; Establishing an ongoing drug free awareness program to inform employees of the dangers of drug abuse in the workplace, the subcontractor s policy of maintaining a drug free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug violations in the workplace; Providing each employee with a copy of the subcontractor s policy statement; Notifying the employees in the subcontractor s policy statement that as a condition of employment under this subcontract, employees shall abide by the terms of the policy statement and notifying the subcontractor in writing within five days after any conviction for a violation by the employee of a criminal drug abuse statue in the workplace; Notifying IDEA Public Schools within ten (10) days of the subcontractor s receipt of a notice of a conviction of any employee; and, Taking appropriate personnel action against an employee convicted of violating a criminal drug statue or requires such employee to participate in a drug abuse assistance or rehabilitation program. Name of Organization/Firm Signature of Authorized Representative Date Print Name and Title of Authorized Representative 11

12 ATTACHMENT C CERTIFICATION REGARDING CONFLICT OF INTEREST By signature of this bid proposal, Respondent covenants and affirms that: No manager, employee or paid consultant of the Respondent is a member of the Board, or an employee of IDEA Public Schools; No manager or paid consultant of the Respondent is married to a member of the Board, the CEO, or an employee of IDEA Public Schools; No member of the Board, the CEO or an employee of IDEA Public Schools is a manager or paid consultant of the respondent; No member of the Board, the CEO or an employee of IDEA Public Schools owns or controls more than 10 percent in the Respondent; No member of the Board, CEO, or employee of IDEA Public Schools receives compensation from Respondent for lobbying activities as defined in Chapter 305 of the Texas Government Code; Respondent has disclosed within the Bid any interest, fact or circumstance which does or may present a potential conflict of interest; Should Respondent fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Respondent shall not be entitled to the recovery of any costs or expenses incurred in relation to any contract with Idea Public Schools and shall immediately refund to IDEA Public Schools any fees or expenses that may have been paid under the contract and shall further be liable for any costs incurred or damages sustained by Idea Public Schools relating to that contract. Name of Organization/Firm Signature of Authorized Representative Date Print Name and Title of Authorized Representative 12

13 ATTACHMENT D EQUAL OPPORTUNITY AND NONDISCRIMIANTION The (Name) promotes employment opportunity through a progressive program designed to provide equal opportunity without regard to race, color, sex, religion, national origin, age, disability, or political affiliation or belief. Additionally, discrimination is prohibited against any beneficiary of programs funded under Title I of the Workforce Investment Act of 1998, on the basis of the beneficiary s citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his/her participation in any WIA Title I financially assisted program or activity. (Name) conforms to all applicable federal and state laws, rules, guidelines, regulations, and provides equal employment opportunity in all employment and employee relations. EEO Laws, Rules, Guidelines, Regulations (Name) provides equal opportunities consistent with applicable federal and state laws, rules, guidelines, regulations, and executive orders. Such regulations include: Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination under any program or activity receiving federal financial assistance. Title VII of the Civil Rights Act of 1964, as amended, and its implementing regulations at 29 CFR Part 37 which prohibit discrimination based on race, color, religion, sex, or national origin in any term, condition or privilege of employment. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals because of disability. Age Discrimination in Employment Act of 1967, as amended, which prohibits discrimination against individuals 40 years of age and older. Americans with Disabilities Act of 1990, which prohibits discrimination against qualified individuals with disabilities. Age Discrimination Act of 1975, as amended, which prohibits discrimination based on age in programs receiving federal financial assistance. Texas Commission on Human Rights Act, as amended, which prohibits discrimination in employment based on race, color, handicap, religion, sex, national origin, or age (40 70). Equal Pay Act of 1963, as amended, which requires equal pay for men and women performing equal work. Pregnancy Discrimination Act of 1978, which prohibits discrimination against pregnant women. (Name) is committed to promoting equal employment opportunity through a progressive program designed to provide equal opportunity without regard to race, color, sex, religion, national origin, age, disability, or political affiliation or belief. (Name) takes positive steps to eliminate any systematic discrimination from personnel practices. (Name) recruits, hires, trains, and promotes into all job levels the most qualified persons without regard to race, color, religion, sex, national origin, age, or disability status. Staff at all levels is responsible for active program support and personal leadership in establishing, maintaining, and carrying out an effective equal employment opportunity program. Name of Organization/Firm Signature of Authorized Representative Date Print Name and Title of Authorized Representative 13

14 ATTACHMENT E Proposal Questionnaire Please note that all awards are based on funding availability and the assumption that all schools listed will be utilized during the fiscal year. Please include responses to the following questions in your proposal. Item # Description Response 1. What form of business is your organization (e.g. proprietorship, partnership, corporation) and is your organization local, statewide or nationwide? 2. How long has your organization provided produce and or service to the Rio Grande Valley, San Antonio and/or Austin? 3. List all the names under which the company has operated in the last ten years in the State of Texas. 4. How many employees work for your organization? 5. Describe your organization s requirements for employee background check, food handling, food safety training, testing of produce by a lab, and plan for produce recalls. 6. What is your largest account? 7. Provide a copy of your insurance coverage. 8. Do you currently have any investigations pending by or on behalf of a government or other licensing entity? 14

15 Attachment F CLEAN AIR AND WATER Applicable only if the contract exceeds 100,000 on the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed 100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [4] USC 1857c 8 (1) or the Federal Water Pollution Control Act [33 USC 1319(c)] and is listed by EPA, or the contract is not otherwise exempt. a. The contractor agrees as follows: I. To comply with all the requirement of Section 114 of the Clean Air Act, as amended [41 USC 1857, et seq., as amended by Public Law ] and Section 308 of the Federal Water Pollution Control Act [33 USC 1251, et seq., as amended by Public Law ], respectively, relating to inspection, monitoring, entry, reports and information as well as other requirement specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued hereunder before the award of this contract. II. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminated the name of such facility or facilities from such listing. III. To use his best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed. IV. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (a)(4). b. The terms used in this clause have the following meaning: I. The term Air Act means the Clean Air Act, as amended [41 USC 1857 et seq., as amended by Public Law ] II. The term Water Act means Federal Water Pollution Control Act, as amended [33 USC 1251 et seq., as amended by Public Law ]. III. The term Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in Section 110(d) of the Clean Air Act [42 USC 1857c 5(d)], an approved implementation procedure or plan under Section 111(c) or Section 111(d), respectively, of the Air Act [42 USC 1857c 6(c)(d)], or an approved implementation procedure under Section 112(d) of the Air Act [42 USC 1857c 7(d)]. IV. The term Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act [33 USC 1342] or by local government to ensure compliance with pretreatment regulations, as required by Section 307 of the Water Act [33 USC 1317]. V. The term compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. VI. The term facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned, leased or supervised by a contractor or subcontractor to be utilized in the performance of a contract or subcontracts. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environment Protection Agency, determines that independent facilities are located in one geographical area. Clean Air and water Certification The bidder certifies as follows: a. Any facility to be utilized in the performance of this proposed contact has, has not been listed on the Environmental Protection Agency List of Violating Facilities. b. He will promptly notify the Contracting Officer, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. environmental Protection Agency, indicating that any facility which he pro poses to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities. c. He will include substantially this certification, including this paragraph c) in every nonexempt subcontract. Date Signature of Authorized Representative, Bidder 15

16 ATTACHMENT G 16

17 ATTACHMENT H CERTIFICATION REGARDING LOBBYING PROCUREMENT Certification Regarding Lobbying Applicable to Grants, Sub grants, Cooperative Agreements, and Contracts exceeding 100,000 in Federal Funds. Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certifications shall be subject to a civil penalty of not less than 10,000 and not more than 100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, or an officer or employee of Congress, an employee of a Member of Congress, or any Board Member, officer, or employee of [School] Independent School District in connection with the awarding of Federal contract, the making of a Federal grant, the making of a Federal Loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a 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, an employee of a Member of Congress, or any Board Member, officer, or employee of [School] Independent School District in connection with this Federal grant 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 awarded documents for all covered subawards exceeding 100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Date 17

18 ATTACHMENT I Clarification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part , Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulations may be contacting the Department of Agriculture agency with which this transaction originated. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statement in this certification, such prospective participation shall attach an explanation to this proposal. Organization Name PR/Award Number or Project Name Name of Authorized Representative Title Signature Date 18

19 ATTACHMENT J Delivery Sites by Campus Site Address City Zip County RGV IDEA Alamo 325 E. FM 495 ALAMO HIDALGO IDEA Donna 401 S 1ST ST DONNA HIDALGO IDEA Edinburg 2553 N ROEGIERS RD EDINBURG HIDALGO IDEA Quest N ROOTH RD EDINBURG HIDALGO IDEA McAllen 201 N BENTSEN RD McALLEN HIDALGO IDEA Mission 1600 S SCHUERBACH RD MISSION HIDALGO IDEA North Mission 2706 N HOLLAND AVE MISSION HIDALGO IDEA Pharr 600 E LAS MILPAS RD PHARR HIDALGO IDEA San Juan CP 600 E SIOUX RD SAN JUAN HIDALGO IDEA San Juan Academy 200 N NEBRASKA AVE SAN JUAN HIDALGO IDEA Weslaco 2931 E SUGAR CANE DR WESLACO HIDALGO IDEA Weslaco Pike 1000 E PIKE BLVD WESLACO HIDALGO IDEA Brownsville 4395 PAREDES LINE RD BROWNSVILLE CAMERON IDEA Frontier 2800 S DAKOTA AVE BROWNSVILLE CAMERON IDEA Riverview 30 PALM BLVD BROWNSVILLE CAMERON IDEA San Benito 2151 RUSSELL LN SAN BENITO CAMERON SAN ANTONIO IDEA Carver 217 ROBINSON PL SAN ANTONIO BEXAR IDEA South Flores 6919 S FLORES ST SAN ANTONIO BEXAR IDEA Monterrey Park 222 SW 39TH ST SAN ANTONIO BEXAR IDEA Walzem 6445 WALZEM RD SAN ANTONIO BEXAR IDEA Eastside 2519 MARTIN LUTHER KING DR SAN ANTONIO BEXAR IDEA Mays 1210 HORAL RD SAN ANTONIO BEXAR IDEA Judson JUDSON RD SAN ANTONIO BEXAR AUSTIN IDEA Allan 1701 VARGAS RD AUSTIN TRAVIS IDEA Rundberg 9504 N IH 35 AUSTIN TRAVIS IDEA Bluff Springs 1700 E SLAUGHTER LN AUSTIN TRAVIS 19

20 ATTACHMENT K IDEA PUBLIC SCHOOLS CHILD NUTRITION PROGRAM WEEKLY PRODUCE QUOTE Vendor: For the week of: Region(s) Bid: Item Number Item Name Count Packed Specification Quantity Requested Quoted Price 1 APPLES FUJI 138 CT Case 2 APPLES GALA 138 CT Case 3 4 APPLES GRANNY SMITH APPLES RED DELICIOUS 125 CT Case CT Case 5 BABY CARROTS 20 LBs Case 6 BANANAS 40 LBs Case 7 BEETS 25 LBs Case 8 BROCCOLI 14 LBs Case Light green, skin fairly smooth and dry, stem intact. Stems may be missing provided that the break is clean and there is not torn flesh or skin, harvested ripe. Packed to US Fancy Grade or US Extra Fancy. Fresh red delicious, dark red block over striped red blush. Skin fairly smooth and dry, stem intact. Stems may be missing provided that the break is clean and there is not torn flesh or skin, harvested ripe. Packed to US Fancy Grade or US Extra Fancy. Fresh green, deep green over striped red blush. Skin fairly smooth and dry, stem intact. Stems may be missing provided that the break is clean and there is not torn flesh or skin, harvested ripe. Packed to US Fancy Grade or US Extra Fancy. Fresh red delicious, dark red block over striped red blush. Skin fairly smooth and dry, stem intact. Stems may be missing provided that the break is clean and there is not torn flesh or skin, harvested ripe. Packed to US Fancy Grade or US Extra Fancy. Ready to serve. Mid to bright orange skin and flesh. Firm, crisp and juicy, no excess water in pre packs. Packed US Grade 1 or US Grade A or equal. Stage 4 Regular, mostly yellow with green tips, brightly colored, free from bruises, scars. Firm, not soft, slightly arched with blunted butt end and intact, undamaged necks. Packed US Grade 1 or US Grade A or equal. Dark red stem. Dark green leaves with distinct red veins. Smooth, dark red. No brown collar. Round to pumpkin shaped. Packed US Grade 1 or US Grade A or equal. Broccoli should be firm, compact clusters of small flower buds, no visible yellow, dark green or sage green with purple cast; stalks light green about 5 inches long. Packed US Grade 1 or US Grade A or equal. 9 CARROT JUMBO 50 LBs Case Should be bright orange or red color, fresh looking, smooth. Packed US Grade 1 or US Grade A or equal. 10 CAULIFLOWER 12 LBs Case 11 CELERY 36 LBs Case Clean, firm, compact heads; jacket leaves fresh, green, and brittle; head creamy white. Packed US Grade 1 or US Grade A or equal. With green outer stalks to whitish green inner stalks, mid dark green leaves. Stalks not fibrous, woody or with strong bitter flavor. Packed US Grade 1 or US Grade A or equal. 12 CILANTRO BUNCH Case/CTN Vivid Green leaves; clean, no yellow or brown/red leaves, straight stems. Packed US Grade 1 or US Grade A or equal. 13 CUCUMBER 45 LBs Case Uniformed mid green to dark green skin; whitish to pale green flesh: with small white seeds. Uniformly firm; relatively smooth skin, crisp, juicy flesh with milk flavor. Slicing type. Packed to US Fancy Grade Standard. 14 GARLIC 30 LBs Case Large bulbs with plump and juicy cloves; white or off white skin color. Firm bulbs, not soft or spongy; free from cuts, holes or exposed cloves. Packed US Grade 1 or US Grade A or equal. 15 GRAPE TOMATO 12 Uniformly round to round squat, smooth and firm, free from blemishes, cracks. Not over ripped or bruised. Ripeness stage 5. Case pints Packed US Grade 1 or US Grade A or equal. 16 GRAPEFRUIT 40 LBs Case Grapefruit should be Heavy for size; firm, well shaped; thin skin. Packed US Grade 1 or US Grade A or equal; size 40; Ruby red; 34 to 40 lb. carton 17 GRAPES 18 LBs Case Red, Seedless; Grapes should be firm, attached to cap stems, and not split, shattered, crushed, dried, or wet. Stems should be free from mold and decay and not damaged by freezing or dryness. Packed US Grade 1 or US Grade A or equal. 18 GREEN BELL Peppers should be well formed, firm, and glossy; rich green; free from blemish or decay. Packed US Grade 1 or US Grade A or 11 LBs Case PEPPER equal. 19 GREEN ZUCCHINI 20 LBs Case Cylindrical shape, dark green shiny rind with some light speckling, white flesh. Packed US Grade 1 or US Grade A or equal. 20 KALE 2 Dozen Case 21 ONION 50 LBs Case Should be fresh with good color. Wilted yellowing leaves indicate poor quality. Well trimmed. Packed US Grade 1 or US Grade A or equal. Onion should be firm, well shaped, short neck; dry and papery outer skin; flesh juicy and crisp; free of green spots, blemish, decay or mold. Packed US Grade 1 or US Grade A or equal. 22 ORANGES 138 CT Case With firm, smooth skin, waxed surface, nil with greening. Packed to US Fancy Grade. 23 PARSLEY CTN Dark green leaves and stems; branching with grooved stems and smooth leaves with irregular serrated edges. Free from damage, decay, yellow or discolored leaves. Packed US Grade 1 or US Grade A or equal. 24 PEARS 135 CT Case Bartlett. Mid green to greenish yellow skin, white flesh, firm, free from decay. Packed US Grade 1 or US Grade A or equal. 25 RED BELL Peppers should be well formed, firm, and glossy; rich red; free from blemish or decay. Packed US Grade 1 or US Grade A or 11 LBs Case PEPPER equal. 26 ROMAINE 24 LBs Case Should be fresh with good color. Packed US Grade 1 or US Grade A or equal; well trimmed 27 SPINACH 10 oz. Case/CTN Should have dark green color and clean, fresh, crisp leaves. Wilted, long stems indicate poor quality. Should be fresh with good color. Packed US Grade 1 or US Grade A or equal; tender Broadleaf. 28 STRAWBERRY 8 LBs Case Red to deep red fruit, small pale yellow external seeds, waxy, full bodied, firm berry, free from excess moisture or juice. Firm not soft; sweet and juicy. Uniform size. Packed US Grade 1 or US Grade A or equal. 29 TOMATO 25 LBs Case Uniformly round to round squat, smooth and firm, free from blemishes, cracks. Not over ripped or bruised. Ripeness stage 5. Packed US Grade 1 or US Grade A or equal. 20