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Oregon Child Nutrition CoalitionPurchased Food/Supply

Request for Proposal2017-2018 School YearRFP Number #53017

Instructions to Proposers

Issue Date – April 26, 2017

Due Date – May 30, 2017On or before 2:00 pm PDT

Submit Proposal to:Oregon Child Nutrition Coalition

c/o Cheri MeekerNutrition Services

Newberg Public Schools714 E 6th Street

Newberg, Oregon 97132

Contact Person:Janet Beer

[email protected]

All RFP documents will be posted at:http://www.ocnc.org/Food-Supply-RFP-17-18.html

All notices related to this RFP shall be sent by email to the OCNC proposer email distribution list.

Proposers not currently on the list can be added by contacting [email protected].

1

http://www.ocnc.org/Food-Supply-RFP-17-18.html

Index

Cover Page………………………………………………………………….... Page 1Index………………………………………………………………………….. -3OCNC Purchased Food/Supply RFP Invitation to Bid and Overview…… Page 4Conference Call for Instructions for Proposer Meeting…………………... Page 5Request for Proposal Calendar……………………………………………... Page 6Definitions…………………………………………………………………….. Page 7-8Document Preparation Instructions………………………………………… Page 9-10

1. Document Submittal2. Signatures3. Errors and Clarifications4. RFP Preparation

General Terms and Conditions……………………………………………… Page 10-125. Acceptance of Conditions6. Force Majeure7. Insurance Requirement8. Bonds9. Equal Employment Compliance Requirement10. Oregon Products11. Non-Assignability12. Audit13. Debarment Disclosure14. Hold Harmless15. Non-Collusion16. Cancellation

Specific Terms, Conditions and Instructions……………………………….. Page 12-2217. Pre-Qualification Financial Review18. Price Quote and Estimated Volume to be Purchased19. Standard of Quality

a. Distributor’s Choiceb. Private Labelc. Manufacturer Defined

20. Minimum Percentage of Items to be Bid21. Price22. Distribution Centers23. Packaging24. Buy American25. Subsequent RFP’s for Items Not Listed on This RFP26. USDA Foods Products Fee for Service27. USDA Foods Products Net Off Invoice28. USDA Foods Processed Cash Rebate29. Dairy Product Pricing30. Fixed Fee for Delivery of other Items31. Large Delivery Volume Discount32. Material Change33. Annual Adjustment of Fixed Fee

OCNC Purchased Food/Supply RFP 2017-2018 – RFP#53017 2

34. References35. Additional Services

Award of Contract…………………………………………………………… Page 23-24Performance of Contract……………………………………………………. Page 25-28

1. Ordering/Delivery2. Proposer Information3. Safety Data Sheets4. Invoicing5. OCNC Member Information6. OCNC Member Ordering and Payment7. Temporary Shortages8. Private Label9. Discontinued Product10. Contracted Food Management11. Warranty12. Management Account13. Dark Drops14. Reports15. Federal, State and Local Regulations or Safety Requirements16. Warehouse Inspections and Temperature Appropriate Trucks17. Recall Procedure

Attachment A—Certified Firm Outreach Plan……………………………. Page 29Attachment B—Member List and Member Contract…………………….. 0-33Attachment C—Food/Supply RFP For The Oregon Child Nutrition

Coalition July 1, 2017 – June 30, 2018 Signature Page Page 34Attachment D— Food/Supply RFP For The Oregon Child Nutrition

Coalition July 1, 2017 – June 30, 2018 Addenda D Acknowledgement Page………………………………. Page 35

Attachment E—Debarment and Suspension and Other ResponsibilityMatters Primary Covered Transaction……………… Page 36

Attachment F—Suspension and Debarment Certification…………………. Page 37Attachment G—Representation Letter……………………………………… Page 38-39Attachment H—Pass/Fail Criteria…………………………………………… Page 40Attachment I—Price Quote Pages……………………………………………. Page 41Attachment J—Non Stock Items……………………………………………... Page 42Attachment K—Proposers Procedures………………………………………. Page 43Attachment L—Buy American Exemption Information……………………. Page 44Attachment M—Fee Charts…………………………………………………… Page 45-47Attachment N—USDA Foods Items Fee For Service Diverted Through

Distributor 8/1/16 to 4/17/17…………………………… Page 48Attachment O—Items Purchased NOI From Distributor From 8/1/16 to

4/11/17…………………………………………………… Page 49-50Attachment P—Dairy Products……………………………………………….. Page 51Attachment Q—Certification Regarding Federal Matters………………….. Page 52-53


OCNC Purchased Food/Supply RFP Invitation to Bid and Overview

Your firm is invited to submit a proposal to provide Food and Supplies for the 2017-2018 school year to all Oregon Child Nutrition Coalition (OCNC) members. The awarded contracts with OCNC members will allow a maximum of four annual renewals upon the consent of all parties through the 2021-2022 school year. The approximate total dollar value of purchases through the OCNC Food/Supply Request for Proposal (RFP) for the 2016-2017 school year will be $15,500,000.

Enclosed are instructions and proposal requirements. All RFP documents are posted at:http://www.ocnc.org/Food-Supply-RFP-17-18.html

OCNC is a non-profit corporation of Child Nutrition (CN) program-only operators agreeing to purchase cooperatively to take advantage of volume prices for products and supplies. Members include non-profit food service departments of public and private school districts in the state of Oregon.

By submitting a proposal, proposers certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other proposer, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, or services.

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, OCNC encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. OCNC also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information please visit

http://www.oregon4biz.com/How-We-Can-Help/COBID/

If the contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Firm Outreach Plan (Attachment A) prior to execution.

Only one proposer will be awarded the fixed price contracts by the individual OCNC members for this RFP. Delivery of goods is to the individual Child Nutrition program sites of the OCNC members.

Proposers must offer fixed pricing that will be held for 12 months from July 1, 2017 to June 30, 2018.

If the RFP is to be renewed for additional school years, the price of each item listed may be increased by not more than the increase in the specified CPI index for the previous year.

OCNC will receive proposals for consideration until 2:00 pm, Pacific Daylight Time, Tuesday, May 30, 2017, c/o Cheri Meeker, Nutrition Services, Newberg Public Schools, 714 E 6th Street, Newberg, Oregon, 97132.


Late proposals shall be returned to the sender unopened.

Proposals shall not be publically opened. The award shall be based on a combination of the extended bottom line total for the products at the volume listed and the evaluation of technical factors as outlined. Award scoring information is located in the “AWARD OF CONTRACT” section.

A summary evaluation of proposals shall be sent to all OCNC members on or before June 5, 2017 and shall be posted to the OCNC web site at ocnc.org. Individual OCNC members will make the awards and issue contractual agreements with the winning proposer. Proposals shall remain confidential until June 5, 2017 after which they will be available for public inspection by emailing [email protected].

Conference Call Instructions for Proposer Meeting Participation in the Proposer Meeting is not mandatory. Proposers are invited to participate in the meeting either in person at 10:00 am, Pacific Daylight Time, May 1, 2017, at the Newberg Public Schools Administrative Building, 714 E 6th Street, Newberg, Oregon; or, by conference call. To participate by conference call, proposers should dial the number below by 9:45 am, Pacific Daylight Time.

Date – May 1, 2017Start time for Proposer Meeting – 10:00 am Pacific Daylight TimeDial 503-554-4542 User Conference pin – 123Admin Conference pin - 456


Request for Proposal Calendar

Research meeting with proposers – not mandatory January 26, 2017

Manufacturer Defined specifications to all proposers February 21, 2017

Mandatory submission of nutrition information to be reviewed

for all items listed as Manufacturer Defined March 7, 2017

Approval/Denial of nutrition review for all items listed as

Manufacturer Defined March 17, 2017

Mandatory Tasting dates for items listed as Manufacturer

Defined as scheduled by OCNC staff April 11, 2017

April 12, 2017

April 18, 2017

April 21, 2017

RFP Issue Date April 26, 2017

RFP Proposer Meeting, Newberg Public Schools – 10:00 am PDT

not mandatory, conference call available May 1, 2017

Errors and Clarifications Due, 4:00 pm, PDT May 8, 2017

Financial Information Due to CPA from Proposer May 10, 2017

Final RFP Addenda-Answers to Questions posted May 15, 2017

Notification of Financial Qualification yes or no May 19, 2017

RFP Response Due, 2:00 pm, PDT, Newberg Public Schools May 30, 2017

RFP Evaluation of Technical Factors May 30 through

June 2, 2017

RFP Evaluation Summary to all OCNC members June 5, 2017

Award by Individual OCNC members on or after—lower case used in doc June 5, 2017

Awarded Contracts effective date on or after July 1, 2017


DEFINITIONS

Contractor –shall mean the successful proposer

Dark Drop – Deliveries to individual OCNC member sites that occur at a time when an employee of the OCNC member is not there to sign for the delivery.

FSMC - A Food Service Management Company (FSMC.) They can provides services for Sponsors such as serving, producing, and supplying prepared foods. FSMCs can also provide program operational, facility management, and staffing services to Sponsors.

Material change – shall mean the amount of increase in either volume of cases or dollars expended that would have changed a proposer’s response.

Non-responsive – a proposal is considered “non-responsive” if the proposal has not been prepared in full compliance with the requirements.

OCNC – Oregon Child Nutrition Coalition. A 501 (c) 3, public non-profit incorporated group of qualifying Child Nutrition programs that have agreed to purchase cooperatively to take advantage of volume prices for foods and supplies. A member list and copy of the member contract is on Attachment B.

OCNC staff– shall mean either Janet Beer – [email protected], Co-Executive Director or Chris Bosak – [email protected], Co-Executive Director.

ODE –Oregon Department of Education

ORPIN – State of Oregon Procurement Information Network. Located at https://orpin.oregon.gov/open.dll/welcome

OSNA – The Oregon School Nutrition Association, a state-affiliate of the national organization, School Nutrtion Association.

Proposer - shall mean the person or firm that submits an offer in response to this solicitation.

Responsible – accountable or capable to meet the terms of the contract for the goods, products or services being procured.

Responsive –A proposal is considered “responsive” if the proposal has been prepared in full compliance with the requirements.

RFP - Request for Proposal

Sponsor - the governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Child Nutrition Program therein or beotherwise approved by FNS through ODE to operate the Child Nutrition Program.


https://orpin.oregon.gov/open.dll/welcome

mailto:[email protected]


School Year – a 12 month period starting July 1 of a calendar year and ending June 30 of thenext calendar year.

Specification – description of product or service that a purchaser seeks and a description of what a proposer must offer.

Subsequent Request for Proposals – OCNC members will issue additional RFP’s not more than 3 times per year. These RFP’s will be for new product pricing only. Distribution fees for delivery shall be established in this RFP.

USDA –United States Department of Agriculture

Proposer email distribution list – a list of proposer email addresses of companies or individuals who wish to be notified of OCNC procurement activities. Companies or individuals can be added to the list by contacting [email protected].



DOCUMENT PREPARTION INSTRUCTIONS

1. Document Submittal2 hard copies and 2 electronic copies (pricing in Excel, all other information in Word) of all proposals shall be in submitted in sealed opaque envelopes, delivered on or before 2:00 pm, PDT, May 30, 2017, and addressed to:

Oregon Child Nutrition CoalitionPurchased Food/Supply RFP - RFP Number #53017c/o Cheri MeekerNutrition ServicesNewberg Public Schools 714 E 6th StreetNewberg, Oregon 97132

Entire proposal is to be submitted with sections correctly filled out. Proposals will not be considered if filed after the time and date specified in the advertisement and announcement calling for proposals. It shall be the proposer’s sole risk to ensure delivery to the designated location by the designated time.

2. SignaturesProposal quotations and signatures must be submitted on Attachment C provided in these specifications and shall be signed with blue ink as follows:

a. In the case of an individual proposer, by such individual proposer.b. In the case of a partnership, the name of the partnership must appear

on such proposal and it shall be signed in the name of such partnership by at least one partner. In addition to such signature, the names of all partners shall be stated in such proposal.

c. In the case of a corporation, the corporate name shall be subscribed by the president or other managing officer, and there shall be set forth under the signature of such officer the name or the office they holdor the capacity in which they act for such corporation.

3. Errors and ClarificationsAny proposer who has questions, finds errors, or needs clarification, may attend the proposer meeting or participate by conference call and have them addressed at that time. After that date anyone who wishes to protest any aspect of this RFP document or who has additional questions must send them by email only to: [email protected] not later than 4:00 pm, Pacific Daylight Time, May 8, 2017. Written responses will be posted on the OCNC web site at


All addenda must be acknowledged on Attachment D. OCNC is not responsible for any alleged explanation, clarification or interpretation made or given in any manner except by addenda.



4. RFP PreparationNo erasures are permitted. Mistakes may be crossed out and corrections made adjacent but must be initialed in blue ink by the person signing the proposal.

GENERAL TERMS AND CONDITIONS

5. Acceptance of ConditionsEach proposer, by the submission of a proposal, assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby.

6. Force MajeureExcept for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor or the OCNC member.

7. Insurance RequirementThe contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. Contractor must also carry at least $1,000,000 general liability insurance.

8. BondsNeither RFP nor performance bonds will be required.

9. Equal Employment Compliance RequirementBy submitting this proposal, the proposer certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon State Governments, having responsibility for the enforcement of such laws, shall be supplied to OCNC upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders.

In accordance with Federal civil rights law and USDA civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the DAS (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay


Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, 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: [email protected]

All OCNC members are equal opportunity providers.

10. Oregon Products Pursuant to ORS 279.021, goods manufactured or produced in Oregon shall be preferred if price, fitness, availability and quality are otherwise equal.

11. Non-assignabilityNeither the resulting contract(s) nor any interest of the contractor(s) therein can be transferred to any other person or persons without the written consent of the members of the OCNC and any such attempted transfer shall be utterly void and may be treated by the members of the OCNC as a willful failure or refusal on the part of the contractor(s) to perform the contract(s) according to its/their terms and conditions.

12. AuditThe OCNC, the ODE, USDA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The contractors must maintain all required records for three years after OCNC members make final payment and all other pending matters are closed. (OMB Circular A-102)

OCNC staff shall audit pricing for a variety of items OCNC members have purchased at least twice per year.

13. Debarment DisclosureIf any proposer has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, the proposer shall disclose that


information in its offer on Attachments E and F. Proposer shall sign Attachments E and F. Failure to do so shall result in rejection of its proposal.

14. Hold HarmlessThe proposer shall defend, indemnify and hold harmless the OCNC from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this proposal by the proposer, its agents, employees, and subcontractors or any one for whom the proposer is responsible. Any provisions or limits of insurance set forth in this proposl shall not limit the proposer’s liability. The obligations, indemnities and liabilities assumed by the proposer under this paragraph shall not extend to a liability caused by the negligence of the OCNC or its officers.

15. Non-CollusionBy signing the offer and acceptance form or other official contract form, the proposer certifies that this price is offered without any prior understanding, agreement or connection with any corporation, firm or person submitting a price for the same products. The proposer certifies that they understand that collusive bidding is a violation of federal/state law and shall be grounds to reject a proposal as non-responsive.

16. CancellationContracts resulting from this proposal may be canceled by email notification under the following conditions:

a. By mutual agreement of the individual OCNC member and the proposer. Termination under this provision requires 30 days written notice.

b. By the OCNC members for breach by the proposer of proposer's obligations, as well as failure to meet the terms and conditions as set forth in this proposal. The OCNC members give the proposer written notice of intent to terminate under this provision. A proposer shall have five (5) calendar days from the receipt of such notice to respond. Failure to respond may result in cancellation.

c. By the proposer, for failure of payment by an OCNC member, but only with respect to the individual OCNC member in breach.

d. By the OCNC members for non-availability or non-appropriation of sufficient funds.

e. By whatever terms and conditions the OCNC member has included in their contract with the successful proposer.

SPECIFIC TERMS, CONDITIONS AND INSTRUCTIONS

17. Pre-Qualification Financial ReviewAll proposers must provide the following financial information to the accounting firm of RAS Group, LLC, attention: Roy Rogers, 7148 SW Gonzaga St., Tigard, Oregon, 97223 on or before May 10, 2017. All requested information shall be used by RAS Group to assess the financial stability and viability of the proposer to fulfill the proposed contract and shall be considered strictly confidential, private, non-public, and will not be


disclosed. Proposers may contact RAS Group, (503) 620-2632 for assistance in providing acceptable documents. Failure to submit required information by May 10, 2017 shall disqualify a potential proposer.

3 years balance sheets3 years income statements3 years statement of cash flow3 years audited financial statements (if available)Signed representation letter (Attachment G)

Failure to check “yes” on Attachment H, Pass/Fail Criteria, Question 1 will result in disqualification of the proposal.

18. Price Quote and Estimated Volume to be PurchasedProposer is to complete all price pages on Attachment I.

The estimated number of units to be purchased of each item as presented on the RFP is based on historical data from all OCNC members. The number represents "best estimates" only, and does not constitute or imply any commitment by the OCNC members as to the maximum or minimum volume of units to be purchased under this proposal.

Should the quantities of any of the items be increased, the proposer shall furnish the additional items at the unit prices quoted, and should the quantities be decreased, payment will be made on the actual quantities ordered and received by OCNC members at the unit price. The proposer will make no claim for anticipated profits or additional compensation of any increase or decrease in quantities.

These estimated figures are to be used only for determining the approximate total of the proposal. Approximate total purchases for OCNC members for the 2016-2017 school year is $15,500,000. Estimates may be affected by prices offered, changes in the USDA meal pattern, changes in funding levels, and USDA Foods allocations.

19. Standard of Quality All products are in one of three following groups:

Distributor’s Choice. Any manufacturer’s product that meets the description will be acceptable. OCNC reserves the right to request alternate products if the awarded product is deemed not acceptable. It is understood that the proposer will provide the highest acceptable quality of product and the best possible price.

Private Label. These products are classified as first quality, second quality or third quality. Manufacturer’s name and code number must be included in the proposal for all private label items. Proposer must submit a list of labels and their quality definitions.


Manufacturer Defined. These products have specific brand names and manufacturer numbers. All listed items were pre-qualified by the OCNC by nutritional parameter screening and taste tests. The proposer may select which product to offer only from the specifically named products. The pre-qualification process was:

February 21, 2017 – The generic specifications for all items listed as manufacturer defined were posted to OCNC web site and were sent to all proposers on OCNC email list.

February 21, 2017 – The notice of generic specification posting and all RFP calendar dates were published on ORPIN and in the Daily Journal of Commerce.

March 7, 2017 – The nutrition facts and CN crediting information was due to OCNC for all items being submitted by manufacturers for approval as manufacturer defined products. Any product missing the required information by the due date was not approved.

March 17, 2017 – All items submitted were either approved or denied based on nutrition parameters. Review results were sent to submitting manufacturers.

April 11, 12, 18, and 21, 2017 – All approved items were taste tested by an OCNC member director sub-group and either approved for listing on the RFP or not approved.

Results of taste tests are posted on the OCNC web site at:http://www.ocnc.org/Food-Supply-RFP-17-18.html

Proposer must select from the approved items for all manufacturer defined products. Failure to check “yes” on Attachment H, Pass/Fail Criteria, Question 2 will result in disqualification of the proposal.

20. Minimum Percentage of Items to be BidProposers must bid on 100% of items listed on Attachment I Price Quote Page. Proposers are not required to stock all items. Proposers are to submit a list on Attachment J identifying any items that will not be stocked and that must be purchased as a non-stock item. Proposer must indicate the lead times and minimum orders required to receive products listed to be non-stock item.

Proposer is to outline the non-stock order procedure on Attachment K, Question 1.Failure to check “yes” on Attachment H, Pass/Fail Criteria, Question 3 will result in disqualification of the proposal.

21. Price The price for each item shall be fixed for the school year and will include delivery to the OCNC member's child nutrition program sites. Prices may be extended not more than 3 decimal points. Extension for all line items, using standard number rounding, must be shown where required on the RFP.

Proposer must price products to all OCNC members according to the terms, instructions and conditions defined in this document or subsequent Memos of Understanding. No



OCNC member is to be charged additional fees or granted additional discounts on items listed on this RFP.

22. Distribution CentersProposer is to list all distribution centers that will service this RFP and note the OCNC members being serviced by each center. Proposer is to outline any differences in ordering, receiving and billing between the different distribution centers on Attachment K, item 2.

No award points will be added or subtracted for answers to this item.

23. PackagingThe number of units per package specified herein is not a firm requirement. Proposers may propose other packaging. Proposers shall clearly indicate the number of units per package on Appendix I Price Quote Page if different than originally specified. Proposer shall adjust the cases to be purchased for the year to yield the same number of serving portions when extending the total dollars.

24. Buy AmericanProposer will comply with the Buy American requirement, which dictates that schools participating in the federal meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable (7 CFR 210.21(d). Domestic USDA Foods or product means an agricultural USDA Foods that is produced in the US and a food product that is processed in the US substantially (at least 51%) using agricultural commodities that are produced in the US.

Proposer must note for each product offered if it meets the Buy American requirement on Attachment I, Price Quote Pages. Proposer must complete Attachment L for any item that does not meet the requirement. Individual OCNC members will be responsible to evaluate the product’s qualification for an exemption. Successful proposer must place copies of all letters from manufacturers verifying each product’s qualification for Buy American in a designated OCNC Dropbox file on or before July 1, 2017.

25. Subsequent RFP’s for Items Not Listed on This RFPThroughout the term of the proposal OCNC members may require products not listed on this RFP. OCNC shall issue Subsequent Requests for Proposals (SRFP) for product pricing only. Distribution of items selected through the SRFP’s shall be delivered by the successful proposer from this RFP. The process shall be:

A. A calendar will be established for up to 3 SRFP’s per school year. Announcement of the SRFP issuance shall be posted on the OCNC web site, shall be posted on the State of Oregon Procurement Information Network (ORPIN) located at https://orpin.oregon.gov/open.dll/welcome, and shall be sent by email to all proposers on the OCNC proposer email distribution list.

B. The manufacturer’s representative or broker must get signed commitments from the OCNC members to purchase not less than 50 cases per school year for


https://orpin.oregon.gov/open.dll/welcome

an item to be listed on the SRFP. Signed commitment forms are to be submitted to OCNC staff by the deadline on the published calendar. Forms will identify if it is the OCNC member’s intention to purchase the same product as a USDA Foods processed item.

C. A generic specification for the new item will be posted to the OCNC web site, will be posted on ORPIN, and sent out to all proposers on the OCNC proposer email distribution list. A deadline shall be established for the submission of nutrition facts labels, ingredient statements and CN crediting information. Products will be disqualified if information is submitted after the deadline.

D. The proposer will solicit product pricing on all listed items from the manufacturers. Product pricing does not include the fixed delivery fee. The contractor will not be required to disclose rebates, deviations or discount. The quoted product price, however, must remain fixed for the remainder of the school year.

E. OCNC Member Directors shall taste and evaluate the offered products ateither the OSNA food shows or OCNC food shows or in not more than 5 individual OCNC members sites.

F. Award of each new item for products OCNC members will purchase as both USDA Foods-processed and non-processed shall be based on:

40 award points for lowest price30 award points for taste evaluation10 award points for appearance, shape, color20 award points for USDA Foods match availability

G. Award of the new item if OCNC members will not purchase the product as aUSDA Foods-processed item shall be based on:

46 award points for lowest price44 points taste evaluation10 points for appearance, shape, color

H. Fixed fees for delivery shall be quoted on Attachment M, Question 1. Products selected for purchase from 50 cases to 199 cases per school year may be offered non-stock orders. Products selected for purchase amounts of 200 cases or more must be stocked at the proposer’s warehouse. No award points will be given for this response. This is a pass/fail requirement.

I. The proposer and broker or manufacturer’s representative will be notified of the award results by OCNC staff. Results will be posted to the OCNC web site as scheduled on the SRFP calendar.


J. In the event the SRFP is extended for additional years the product price and fixed fees may be increased by not more than the Consumer Price Index (CPI) identified in number 33.

K. Increases of up to 18% total dollar volume of sales from the addition of new products through the SRFP’s shall not be deemed to be a material change in the terms or conditions of this RFP and shall not require a re-bid of this RFP.

26. USDA Foods Products Fee for ServiceA number of OCNC members will divert USDA Foods to manufacturers to process into Fee for Service (FFS) end products as awarded through the OCNC RFP #1-3-2017 posted on the OCNC web site at ocnc.org. The manufacturers have quoted a Fee for Service (FFS) charge and shall bill the OCNC member directly for the processing and the shipping to selected distributor. Individual item FFS quotes for OCNC members for the 2017-2018 school year are located in an OCNC Dropbox file. Access to the FFS OCNC Dropbox file may be obtained by contacting [email protected].

Proposer must be able and willing to provide distribution (for a fixed fee) for these end products if the individual item will have a minimum of 100 cases of usage per year by OCNC members.

A list of United States Department of Agriculture Foods Fee for Service (USDAF-FFS) processed items that were delivered to OCNC members through the current distributor from August 1, 2016 to April 17, 2017 is on Attachment N. Specific items to be delivered as FFS will be mutually agreed upon between OCNC members and the successful proposer.

USDAF-FFS processed products must be identified in proposer’s records as proprietary to the specific OCNC member that has ordered the product. Management of ordering and inventory of USDAF-FFS processed products will be shared between proposer, the broker or manufacturer’s representative and the specific OCNC member.

Proposer will maintain property insurance on all USDAF-FFS processed products they store and deliver for OCNC members sufficient to repay the processing fee, delivery fee and USDA Foods value as currently noted on the ODE USDA Foods Diversion/Processing web site in the event the product is destroyed or damaged beyond use. Such insurance needs to note proposer will not have the title to this product at any time.

Proposer will send an email each week to each OCNC member that stores USDAF-FFS processed products at proposer’s warehouse and the appropriate broker or manufacturer’s representative noting the number of cases received, the number of cases delivered and the number of cases remaining.

Proposer will send a confirming email to each OCNC member when USDAF-FFS processed products have been received and will include the proposer’s PO number.


In the event proposer is no longer the distributor for OCNC members they will allow the new distributor to pick up all remaining USDAF-FFS processed products in proposer’s warehouse within 10 days of being notified.


Proposer shall record fixed fee per case for storage and delivery of USDAF-FFS items on Attachment M question 2. No award points will be given for this response. This is a pass/fail requirement.

OCNC members shall take delivery of all the current school year USDAF-FFS products on or before July 1 of the next school year. Products held in storage for the previous school year will not be held after the July 1 date of the new school year.

27. USDA Foods Products Net Off InvoiceA number of OCNC members will divert USDA Foods to manufacturers to process as Net Off Invoice (NOI) items as awarded through the OCNC RFP #1-3-2017 posted on the OCNC web site at ocnc.org. This RFP established both the commercial bid price and the NOI discount amount for individual products for the 2017-2018 school year. The commercial price quotes for OCNC members and the NOI discount dollar amount are located in an OCNC Dropbox file. Access to the OCNC Dropbox file may be obtained by contacting [email protected].

A list of USDA Foods NOI processed items that were delivered to OCNC members through the current distributor from August 1, 2016 to April 17, 2017 is on Attachment O. Specific items to be delivered as NOI will be mutually agreed upon between OCNC members and the successful proposer each year.

Proposer is to allow these NOI discounts and to work with the consulting companies that manage these funds for the manufacturers to receive the payment for the discounts.


In the event the NOI item is not listed on this OCNC RFP as a purchased product, proposer is to complete the chart for fixed fees on Attachment M, question 3 to deliver the NOI Items. Manufacturer’s quote shall be the commercial price quotes on OCNC #1-3-2017. Proposer will not be required to bring items into stock so that they may be purchased as NOI unless the OCNC members as a group will purchase at least 200 cases per school year or 5 cases per week.

No award points will be given for this response. This is a pass/fail requirement.

28. USDA Foods Processed Cash RebateA number of OCNC members will divert USDA Foods to manufacturers to process into end products as awarded through the OCNC RFP #1-3-2017 posted on the OCNC web site at ocnc.org. They will then buy regular, stocked items from the proposer that will


qualify for cash back equal to the value of the USDA Food that is contained in the commercial product.

Individual item commercial price quotes for OCNC members for the 2017-2018 schoolyear as Cash Rebate and the rebate amount are located in an OCNC Dropbox file. Access to the OCNC Dropbox file may be obtained by contacting [email protected] must agree to process reports not more frequently than monthly for these OCNC members and manufacturers identifying the purchase of qualifying products.

Proposer will not be required to bring items into stock so that they may be purchased as Cash Rebate unless the OCNC members as a group will purchase at least 200 cases per school year or 5 cases per week.

Proposer is to complete Attachment M, question 4 to identify fees to deliver any products brought into stock to be delivered as USDA Foods Processed Cash Rebate. Manufacturer’s quote shall be the commercial price quotes on OCNC #1-3-2017.


29. Dairy Product PricingOCNC Members may or may not buy dairy products using this RFP. The prices for dairy products may change based on the Federal Milk Order each month. Proposer is to explain the method for adjusting prices based on the Federal Milk Order on Attachment K , Question 3.

Proposer is to list all items qualifying as dairy products on Attachment P and is to quote their current cost without delivery fee for each item as of May 22, 2017 based on the Federal Milk Order.

Proposer is to quote a fixed delivery fee to deliver each item based on their cost to be held for the first year on Attachment M, item 5. No award points will be given for this response. This is a pass/fail requirement.

The fixed fee for dairy items shall increase or decrease using the CPI calculated in number 33.

30. Fixed Fee for Delivery of other ItemsOCNC members may elect to purchase additional items from the successful proposer. The proposer shall list the fixed fee to be charged for these items on Attachment M, number 6 based on manufacturer price as quoted to the member. This fixed fee may be increased or decreased annually by the CPI noted above on number 33.

No award points will be issued for the dollar amount on this question. This is a pass/fail factor.


31. Large Delivery Volume DiscountProposer must identify the dollar discount, if any, for deliveries over 75 cases on Attachment M, number 7. Discounts must be a firm dollar amount in the following brackets:

76 to 150 cases151 to 300 cases 301 to 500 501 and over

No award points will be issued for the dollar amounts on this question. This is a pass/fail factor.

32. Material ChangeOver the term of the RFP additional qualifying organizations may request to join OCNC. These OCNC members shall meet all the terms and conditions to become members of OCNC and shall be allowed to “piggyback” on this RFP only upon the approval of the successful proposer and the OCNC Board of Directors.

OCNC may or may not have the following increases in membership:0-5 additional members with 50-2000 students0-5 additional members from 2001-4000 students0-5 additional members from 4001-10,000 students0-3 additional members from 10,001 – 20,000 students0-2 additional members over 20,001 students

This potential or actual additional volume of membership and the resulting potential or actual increase in purchases shall not be considered a material change to this RFP and shall not require a re-issuing of this RFP.

In addition, in the event an OCNC member chooses to leave the group if that reduces the volume of items purchased by less than 18% that change shall not be deemed material.

33. Annual Adjustment of Fixed FeeRenewal of the contract will be considered in March of each year. Upon renewal of this contract, the price on each item may be increased or decreased based on the CPI for all Urban Consumers as calculated for the previous calendar year by using the CPI Inflation Calculator to derive the amount. The calculator is located at:https://www.bls.gov/data/inflation_calculator.htm


https://www.bls.gov/data/inflation_calculator.htm

A sample calculation is below:

Based on the above information prices would have been allowed to increase not more than .85%.

34 ReferencesProposer is to provide names, email addresses and phone contact information of not less than 2 customers with multi-site deliveries to be called for references on Attachment K, question 4. Customers will be asked at a minimum the following questions:

Is the proposer responsive to the customer’s needs?Is the proposer reliable?Has the proposer met the agreement requirements?Does the proposer process invoices and credits smoothly and accurately?Are products received in clean, temperature appropriate trucks. Are the delivery personnel professional and helpful?How long has the customer purchased from the proposer?Has the proposer at any time canceled a contract before its expiration date? If yes, was the cancellation in accordance with the applicable RFP terms and conditions?

In addition, OCNC reserves the right to select additional current customers or past customers for reference information.

The customer references shall be evaluated on a pass/fail basis. A failing evaluation shall result in disqualification of the proposal.


35. Additional ServicesProposer is to outline additional services they may provide to OCNC members as part of their execution of this RFP on Attachment K, item 5.


AWARD OF CONTRACT

1. The OCNC Board of Directors shall function as the evaluation committee for all proposals.

2. OCNC herein expressly reserves the rights:a. to reject all offers;b. to waive any and/or all irregularities in the proposals submitted if deemed

not to be material;c. to select the proposal that appears to be in the best interest of OCNC and it’s

members;d. to reject any proposal not in compliance with prescribed public bidding

procedures and requirements pursuant to ORS 279; ;e. to change specific products being purchased as a result of the product being

discontinued, the product no longer qualifying as the needed meal component, changes in the United States Department of Agriculture (USDA) meal requirements or changes in funding levels.

3. Proposals will not be made part of the public record until after the evaluation process is completed. After the recommended Intent to Award notice is sent to the OCNC members, the documents, including the evaluation report, will then be available for public review.

4. An award of contract to any proposer shall not constitute a rejection of any other offer.

5. In the event two or more offers shall be for the same value, the members of the OCNC may award the RFP as they deem appropriate.

6. One award will be issued to the most responsive and responsible proposer. Award shall be based on the following:

a. Answers to Critical Factors – pass or failb. Review of financial documents for pre-qualification = pass or failc. Price – lowest extended total = 55 points, second lowest = 35 pointsd. Reference responses from current or past customers = pass or faile. Fee Charts = pass or failf. Technical Factors

i. Most responsive = 25ii. Demonstrated ability to execute the RFP = 20

7. In case of any conflict between the terms and conditions contained herein, the order of authority shall be as follows: (1) Addenda controlling them, (2) Instructions.

8. OCNC shall post to the web site and email a recommended Intent to Award to all members on or before June 5, 2017. Any proposer wishing to protest the contract award may do so by filing a written protest within seven calendar days of the issuance of the recommended Intent to Award. The protest must specify the grounds on which a protest


is based. A proposer is only adversely affected if it is next in line for the award as the best responsive and responsible proposal. OCNC will respond timely to all protests submitted by the due date and time. Protests that are not received timely or do not include the required information may not be considered. Protests will be reviewed based on written documents submitted by the protester and the OCNC response shall be in writing.

9. The awards shall be given by the individual OCNC members on or after June 5, 2017.

10. The OCNC member’s Board of Directors will be the public contract review board with the powers to act in the capacity as defined in Oregon Statutes and Administrative Rules.

11. Notification to all proposers will be emailed no later than June 6, 2017.12.


PERFORMANCE OF CONTRACT

1. Ordering/DeliveryDeliveries shall be made during the food service working hours of the individual delivery sites unless otherwise approved by the OCNC member. Proposers are responsible for verifying normal working hours of the individual delivery sites. Delivery during meal hours is discouraged.

Upon delivery the driver, if requested, shall break down the order and place all items in temperature appropriate space in the delivery sites. Items are to be left on the floor and are not to be put on the shelving.

All processing and packing plants supplying products must be currently approved and licensed by the appropriate state or federal authorities.

A legible delivery receipt, to be signed at the time of delivery by the designated site staff person who will retain the appropriate copies, must accompany each delivery.

Proposer is to outline on Attachment K, question 6 the process to be used for rescheduling a delivery in the event a delivery cannot be made on the regular day. Delivery must not be later than 2 additional business days.

2. Proposer InformationOn or after June 5, 2017 it is the responsibility of the successful respondent to provide the individual OCNC members with the following information:

a. Contact person, phone, email address and FAX number.b. Order day, delivery dayc. Order guides and forms.d. Instructions for web-based or electronic ordering.e. Directions for handling of USDA Foods processed items.f. Invoicing and billing procedures.g. Contact person and phone number for orders and problems incurred with delivery of product, product quality, pricing, credits and billing.h. Procedures and policy for products that are being substituted.i. Procedures for non-stock orders.j. Procedures for credits and returns.

It is the responsibility of the proposer to contact the OCNC member for the first order, understanding that some members do not have staff at work in the summer.

Route sales staff and marketing associates are not required.


3. Safety Data SheetsProposers will post to an OCNC Dropbox folder the required Safety Data Sheets for all RFP items purchased that are classified as hazardous under OAR 437 Division 155 no later than August 1, 2017. A link to this file will be sent to all OCNC members.

4. InvoicingInvoices are to be sent to the individual OCNC member for items ordered and delivered to that member. OCNC does not guarantee or assume any responsibility for payment. Food items are to be invoiced separately from supply items.

Proposer will be expected to re-bill for documented billing errors. Re-billing must occur both when prices are over charged and when they are undercharged. Price corrections are limited to the previous 6 calendar months.

5. OCNC Member InformationOn or after June 5, 2017 OCNC members will provide the successful proposer with the following information:

a. Contact person and phone number for ordersb. 2017-18 school calendard. Delivery site addresses, phone number, contact person at the sitee. Delivery restrictions, if anyf. Billing addressg. Initial order

6. OCNC Member Ordering and PaymentEach OCNC member will act on its own behalf for purchase orders and payment of all proposer invoices. No finance charges will be assessed until 30 days after the date the respective OCNC member receives the correct product in good condition and a correct copy of the invoice.

7. Temporary Shortages When orders are placed by OCNC members, the proposer shall be responsible for indicating shortages, back orders, and delayed shipments at the time of order. The proposer shall be responsible for seeking confirmation from the OCNC member by phone or email for any non-continuous substitutions (non-continuing is defined as a substitution on a one-time delivery) made on an order, prior to shipment. Proposer must be able to provide the nutrition facts label, the ingredient list and the Child Nutrition crediting information for all substituted items. Proposer is to outline the process for substitutions on Attachment K, question 7.

8. Private LabelProposers wishing to change awarded RFP items to private label or change manufacturers for private label items after the RFP award must notify [email protected] 14 days prior to the effective date of the proposed change providing the manufacturer name and manufacturer code number of the proposed private label item. The price of the private label product must be the same or less than the original item quoted and this will not


constitute a material change in the proposal or RFP. Proposers must also supply the nutrition facts, ingredient list and Child Nutrition crediting information. Proposers may be required to submit a product sample before approval. The proposer must have approval by OCNC Co-Executive Directors prior to the implementing the change.

9. Discontinued ProductIn the event a manufacturer discontinues a product the proposer will notify OCNC staff and propose alternative items if possible. Proposer shall supply the nutrition facts label, ingredient statement and CN crediting information for all alternates offered.

10. Contracted Food ManagementIn the event, during the time this contract is in effect, any OCNC member's nonprofit food service becomes contracted with a Food Service Management Company (FSMC), that OCNC member would be eligible for 90 days of OCNC pricing only if that member does not buy through the FSMC’s pricing agreements. After 90 days the OCNC member will no longer be eligible for OCNC pricing.

11. WarrantyAll proposals submitted are understood as containing a warranty that merchandise furnished will be of good and merchantable quality. Delivery will be timely. The OCNC members reserve the right to reject any and all merchandise furnished which does not meet the product descriptions in every aspect.

12. Management AccountProposer must be willing to set up an account that is identical to the ones OCNC members are using, to be used by the administrative staff of OCNC. No orders shall be placed on this account, but it must provide access to all ordering and support services used by OCNC members.

13. Dark DropsDark drops are deliveries that occur when a staff person from the OCNC member is not available at the delivery site to check in the products delivered and sign the delivery slip. All products must be placed in temperature appropriate space. Products that are frozen shall be placed on the floor in the freezer. Products that are chilled will be placed on the floor in the refrigerator. Dry goods shall be placed on the floor in the storage areas.

A limited number of members will allow dark drops. Proposer may or may not allow discounts for dark deliveries. The dollars off discount per drop is to be recorded on Attachment K, item 8. No award points will be added or subtracted for dark drop discounts.

14. ReportsProposer must provide to OCNC a recap of items purchased for a defined term by OCNC member, by delivery site, by a specific group of members or by all members at no charge including proposer’s individual product order number, item description, manufacturer name, manufacturer code, price per case, quantity, and extended total cost by line item.


Proposer must also be able to provide reports identifying purchasers of a specific product or group of products. Proposer must provide reports of items purchased by OCNC members that are not included on this RFP’s Price Quote Page. Proposer must also provide usage reports by OCNC members to manufacturers or brokers not more frequently than once a month. There is to be no additional charge to OCNC, OCNC members, manufacturers or brokers for these reports.

Proposer must be able to identify goods that qualify as local purchases using ODE standards. Proposer must be able to identify all items purchased by an individual OCNC member that qualify for local purchases using ODE standards for a period of time. Reports must include proposer’s individual product order number, item description, manufacturer’s name, manufacturer code number, price per case and extended totals by line as well as by grand total. Reports must be sent as an unlocked Excel file. There is tobe no additional charge to OCNC or OCNC members brokers for these reports.

15. Federal, State and Local Regulations or Safety RequirementsAll items delivered to the OCNC members shall conform to applicable requirements by federal, state, or local statutes and/or regulations. Proposer must complete Attachment P, Certification Regarding Federal Matters.

16. Warehouse Inspections and Temperature Appropriate TrucksAll products must be delivered in temperature appropriate trucks.

Proposer must have passed warehouse inspections by two outside independent companies and must meet all required state and federal regulations regarding warehousing and distribution. Copies of the two approvals must be attached to response.


17. Recall ProcedureProposer is to identify recall procedure on Attachment K, Question 10.


ATTACHMENT A

CERTIFIED FIRM OUTREACH PLAN

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as a minority-owned business, woman-owned business, service-disabled veteran-owned business, or emerging small business.

Certified Firm ParticipationAs noted in Governor Kitzhaber’s Executive Order 12-03, “Minority-owned and Woman-owned businesses continue to be a dynamic and fast-growing sector of the Oregon economy. Oregon is committed to creating an environment that supports the ingenuity and industriousness of Oregon’s Minority Business Enterprise [MBE] and Woman Business Enterprise [WBE]. Emerging Small Business [ESB] firms are also an important sector of the state’s economy.” In 2015, HB 3303 revised ORS 200.055 to also include a certification for “. . . business[es] that a service-disabled veteran owns”.

According to ORS 200.090, Contracting agencies must aggressively pursue a policy to provide opportunities to Certified Firms. As such, Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Proposer certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement. Proposer has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a Certified Firm.

Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to ethnicity, creed, age, religious affiliation, gender, disability, sexual orientation, or national origin.

Following opening of bids and prior to Contract Award, the Proposer with the apparent highest scoring Proposal must provide, within five days of Notice of Intent to Award, a Certified Firm Outreach Plan using the form on the following page. The information submitted in response to this clause will not be considered in any scored evaluation.

OCNC RFP #53017Organization Name

Names(s) and Title(s) of Authorized Representative(s)

Signature(s) —Blue ink, only Date


ATTACHMENT B – MEMBER LIST


Date: May 30, 2017ATTACHMENT C

FOOD/SUPPLY RFP FORTHE OREGON CHILD NUTRITION COALITION

July 1, 2017 – June 30, 2018SIGNATURE PAGE

The undersigned hereby proposes to furnish, within the time specified, the items listed, to be delivered in accordance with foregoing specifications hereto attached, for the amount set opposite each item.

On acceptance by OCNC this becomes a binding agreement.

PROPOSER'S EMPLOYER FEDERAL IDENTIFICATION NUMBER_____________

PROPOSER'S EMPLOYERS STATE IDENTIFICATION NUMBER_______________

SIGNATURE FOR INDIVIDUAL

_________________________________ _________________________________

Printed Name Signature—Blue ink, only

SIGNATURE FOR PARTNERSHIP

_________________________________ _________________________________ Name of Partnership Signature—Blue ink, only _________________________________

Printed Name

SIGNATURE FOR CORPORATION

_________________________________ _________________________________ Name of Corporation Signature of Officer or Agent—Blue ink, only

_________________________________ _______________________________ Printed Name Title


ATTACHMENT DFOOD/SUPPLY RFP FOR THE

OREGON CHILD NUTRITION CO-OPJuly 1, 2017 -- June 30, 2018

ADDENDA ACKNOWLEDGMENT PAGE

I/we acknowledge receipt of the following addenda

Note addenda number, date and signature to acknowledge receipt.

Addenda Number Signature—Blue ink, only Date


ATTACHMENT EDebarment and Suspension and Other Responsibility Matters Primary Covered

Transactions

2 CFR 200.213- Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

(Before completing certification, read instructions on next page.)

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.

Business Name: OCNC RFP #53017

Date: By: Name and Title of Authorized Representative

Signature of Authorized Representative—Blue ink, only


ATTACHMENT FSuspension and Debarment Certification

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, Title 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture DAS with which this transaction originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or DAS.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.





ATTACHMENT GREPRESENTATION LETTER

In connection with your evaluation of the financial statements of our business as of and for the year ended _________________, 20_____ for the purpose of evaluating our financial viability for purposes of qualifying for a bid process for the Oregon Child Nutrition Coalition, we confirm, to the best of our knowledge and belief, the following representations:

1. We are responsible for the fair presentation in the financial statements of financial position and results of operations of our company and its cash flows in conformity withgenerally accepted accounting principles.\

2. There have been no:a. Irregularities involving management or employees who have significant roles

in the system of internal accounting control.

b. Irregularities involving other employees that could have a material effect on the financial statements.

c. Communications from regulatory agencies concerning noncompliance with or deficiencies in, financial reporting practices, grant provisions, laws and

regulations that could have a material effect on the financial statements.

3. We have no plans or intentions that may materially affect the carrying value or classifications of assets, liabilities or owners’ equity.

4. The following have been properly recorded or disclosed in the financial statements:

a. Joint ventures and related party transactions and related accounts receivable or payable, including revenues, expenses, loans, transfers, leasing arrangements and guarantees.

b. Arrangements with financial institutions involving compensating balances or other arrangements involving restrictions on cash balances and line-of-credit or similar arrangements.

c. Agreements to repurchase assets previously sold.

5. There are no:

a. Violations or possible violations of contract provisions, laws and regulations whose effects should be considered for disclosure in the financial

statements or as a basis for recording a loss contingency.


ATTACHMENT GREPRESENTATION LETTER

Page 2

b. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by Statement of Financial Standards No. 5.

6. There are no un-asserted claims or assessments or violations of contract provisions, laws and regulations that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Statement of Financial Accounting Standards No. 5.

7. There are no material transactions that have not been properly recorded in the accounting records underlying the financial statements.

8. The company has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged, except as otherwise disclosed (Please elaborate if the exception(s) are not otherwise self-evident.)

9. Provision, when material, has been made to reduce excess or obsolete inventories to their estimated net realizable value or for any material loss to be sustained as a result of purchase commitments for inventory quantities in excess of normal requirements or in excess of the prevailing market price.

10. We have complied with all aspects of laws, regulations and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance.

11. No events have occurred subsequent to the balance sheet date that would require adjustment to, or disclosure in, the financial statements, except as otherwise disclosed(Please elaborate if the exception(s) are not otherwise self-evident.)

SIGNED: _____________________ SIGNED: _____________________—Blue ink, only —Blue ink, only

TITLE: _____________________ TITLE: _____________________

DATE: _____________________ DATE: _____________________

Sign and return this letter on or before May 10, 2017 to:

RAS Group, LLCRoy Rogers, CPA7148 SW Gonzaga St.Tigard, OR 97223


ATTACHMENT HPASS/FAIL CRITERIA

Proposer must answer all questions “yes”. This is a pass/fail section. Failure to answer a question “yes” will result in the proposal being disqualified.

1. Proposer has sent the documents requested to demonstrate financial stability under the pre-qualification requirement as noted on page 2 and proposer has been qualified by RAS Group, LLC.

Yes_______ No______________

2. All products offered as manufacturer defined have been pre-approved

Yes_______ No______________

3. Proposer has bid on 100% of items listed.

Yes_______ No______________

5. Proposer shall be able and willing to deliver USDA Foods Fee for Service items.

Yes_______ No______________

6. Proposer will deliver USDA Foods Processed Net Off Invoice items.

Yes_____ No_____

7. Proposer will process usage reports for rebates for items qualifying for USDA Foods Cash Back Rebates items.

Yes_____ No_____

8. All products will delivered in clean, temperature appropriate trucks.

Yes_______ No______________

9. Proposer has passed warehouse inspections by two different outside independent companies and meets all required state and federal regulations regarding warehousing and distribution. Copies of the two approval certifications shall be attached to bid offer.

Yes_______ No______________


ATTACHMENT IPRICE QUOTE PAGES

There are 3 sets of Attachment I, Price Quote Pages posted on the OCNC web site at ocnc.org, under the Food/Supply PRFP 1718 tab. Instructions for completion are:

Price Quote Page Distributor’s Choice

Proposer is to fill in the manufacturer name, product code number and the fixed price per case. The Excel sheet will calculate the extended price and the total.

Price Quote Page Generic

Proposer is to fill in the manufacturer name, product code number and the fixed price per case. The Excel sheet will calculate the extended price and the total.

Price Quote Page Manufacturer Defined

If ony one approved item is listed for a product the proposer is to fill in the fixed price per case. The Excel sheet will calculate the extended price and the total.

If more than one approved item is listed for a product the proposer is to fill in the fixed price per case next to the manufacturer’s brand and code number they are offering. That number must be multiplied by the OCNC Est Usage number to extend the cost. The Excel sheet will calculate the total.

A sample completion of this form is on the top of the first page in red ink.


ATTACHMENT JNON STOCK ITEMS

OCNC item number and description

Product offered, manufacturer name and code number

Minimum order and lead time

Use additional pages if needed.ATTACHMENT K


PROPOSERS PROCEDURES

Provide information below on company letterhead. Pages to have 1” margins with 12 point font. Answers are limited to the length of the page notes.

1. Outline Non-Stock Procedure – Maximum ¼ page

2. Identify distribution centers used and OCNC members assigned to each distribution center. Identify process used so that all OCNC members pay the same price and have access to the same products. Identify any differences in billing, ordering or receiving. Maximum 2 pages.

3. Describe the process used to increase or decrease Dairy Product prices using the Federal Milk Order. Maximum 1 page.

4. Identify 2 references with contact name, contact phone number, contact email address. Maximum ¼ page.

5. Identify additional services. Maximum ½ page.

6. Identify procedure used when trucks are not able to make regular delivery times. Maximum ¼ page..

7. Identify process for substitutions. Maximum ½ page.

8. Identify discount for dark drops. No award points will be given for this answer. Maximum ¼ page.

9. Attach two warehouse inspection certificates. Identify method to guarantee products are delivered in clean, temperature appropriate trucks. Maximum 3 pages.

8. Identify recall procedure. Maximum ¼ page.


ATTACHMENT LBUY AMERICAN EXEMPTION INFORMATION

OCNC RFP#

Item description Offered Manufacturer, Code Number and Pack

OCNC EstUsage

Domestic Food Costper case and total

ForeignFood Costper case and total

Country of Origin

Manufacturer Name, Code Number and Pack for Domestic Product:

Are there other foreign product alternatives:






ATTACHMENT MFEE CHARTS

1. Subsequent Request for Proposal Fixed Fees for Delivery – manufacturer’s quote to include shipping to proposer’s dock. Proposer is not required to disclose discounts, deviations or rebates. Quote, however, must be fixed for the remainder of the school year.

Manufacturer’s Quote Fixed Fee to Deliver to Member

$.01 - $10.00$10.01 - $20.00$20.01 - $30.00$30.01 - $40.01$40.01 - $50.00$50.01 - $60.00$60.01 and overTotal of Fixed Fees

No award points will be given for the answer to this section. This is a pass/fail section.

2. USDA Foods Fee for Service Fixed Delivery Fee – manufacturer’s quote to include the value of USDA foods, plus processing fee, plus shipping as noted on the OCNC RFP #1-3-2017.

Manufacturer’s Quote Fixed Fee to Deliver to Members

$.01 - $10.00$10.01 - $20.00$20.01 - $30.00$30.01 - $40.01$40.01 - $50.00$50.01 - $60.00$60.01 and overTotal of fixed fees


3. Net Off Invoice Fixed Delivery Fee – manufacturer’s quote to be commercial RFP price offered on response to OCNC RFP #1-3-2017.

Manufacturer’s Quote Fixed Fee to Deliver to Members

$.01 - $10.00$10.01 - $20.00$20.01 - $30.00$30.01 - $40.01


$40.01 - $50.00$50.01 - $60.00$60.01 and overTotal of fixed fees


4. Cash Rebates Delivery Fee – manufacturer’s quote to be commercial RFP price offered on response to OCNC RFP #1-3-2017.




5. Dairy Product Fixed Fees – proposer to quote their May 2017 actual cost plus a fixed fee. Cost is to be based on the monthly Federal Milk Order.

Distributor’s Cost Fixed Fee to Deliver to Members

$.01 - $10.00$10.01 - $20.00$20.01 - $30.00$30.01 - $40.01$40.01 - $50.00$50.01 - $60.00$60.01 and overTotal of fixed fees



6. Fixed Fee for Delivery of other Items– manufacturer’s quote to include shipping to proposer’s dock




7. Large Delivery Volume Discount - optional

Number of Cases Delivered Discount – Fixed Dollar Amount

76-150151-300301-500Over 500



ATTACHMENT NUSDA FOODS ITEMS FEE FOR SERVICE

DIVERTED THROUGH DISTRIBUTOR 8/1/16 to 4/17/17


ATTACHMENT OITEMS PURCHASED NOI FROM DISTRIBUTOR

FROM 8/1/16 to 4/11/17


ATTACHMENT OITEMS PURCHASED NOI FROM DISTRIBUTOR

From 8/1/16 to 4/11/17


ATTACHMENT PDAIRY PRODUCTS

OCNC # AND ITEM DESCRIPTION

PRICE AS OF MAY 22, 2017

FIXED FEE – HELD FOR THE YEAR

Use additional pages if needed.


ATTACHMENT QCertification Regarding Federal Matters

Because certain Authorized Purchasers may utilize federal funding to purchase Goods and Services under a Contract, all Proposers must complete and submit this certification as part of submitting a Proposal. If federal terms and conditions are applicable to a Contract, the Sponsor will attach and incorporate the specific relevant federal provisions into the purchase order form.

Certification

Proposer certifies that Proposer shall comply, and require all subcontractors to comply, with all federal laws, regulations, and executive orders applicable to a Contract. These may include but not be limited to:

(1) If the Contract is for more than $10,000, compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, in section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is not forfeited.

(2) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3).

(3) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5).

(4) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).

(5) If the Contract is for more than $100,000, compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection DAS regulations (40 CFR part 15).

(6) Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).


ATTACHMENT QCERTIFICATION REGARDING FEDERAL MATTERS

Page 2

(7) Compliance with mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific





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