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SPECIFICATIONS

AND

REQUEST FOR PROPOSAL (RFP)

FOR VENDED FOOD SERVICE COMPANY

SCHOOL BREAKFAST, LUNCH & SNACK PROGRAM

Marion P. Thomas Charter School Mr. Femi Amorin, CPA

School Business Administrator/Board Secretary

370 South 7th

Street

Newark, New Jersey 07103

BID DUE DATE

May 15, 2013

BID OPENING:

May 15, 2013 at 2:00 P.M.

Contract Date

July 1, 2013 –June 30, 2014

FUNDED CHILD NUTRITION PROGRAMS BID NO.: 2013-01

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REQUEST FOR PROPOSALS

Prepare and deliver

The Marion P. Thomas Charter School is requesting proposals for vended meals for breakfast, lunch and

snack. Proposals are due in the Business Office no later than May 15, 2013 at 10:30 a.m.

Please address any questions concerning this request to:

Femi Amorin,CPA

Business Office

MARION P. THOMAS CHARTER SCHOOL

370 S. 7th Street

Newark, New Jersey 07103

Telephone: (973) 621-1560

Fax: (973) 621-2542

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2013-14 School Year INSTRUCTIONS for VFSC QUOTATIONS

The organization or individual responding to this request will be referred to as the VFSC Food Service Company

(“VFSC”). The contract will be between the VFSC and Marion P. Thomas Charter School (“MPTCS”), the Local

Educational Agency (“LEA”), an approved charter school by the state of New Jersey Department of Education. The

VFSC will supply Meals to the MPTCS that comply with the nutrition standards established by the United States

Department of Agriculture (USDA).

PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The purpose of this request is to provide MPTCS with a complete breakfast, lunch and snack for all of their students.

MPTCS is accepting proposals and intends to enter into an agreement with a VFSC that provides healthy nutritious

vended school meals in accordance with terms, conditions and requirements set forth in this document and in

complaint with the USDA School Food and Nutrition Regulations. The meals will be delivered to two locations:

MPTSC - 370 South 7th Street, Newark, NJ 07103 and MPTCS - 308 South 9

th Street, Newark, NJ 07103. The

program will include the use of federally donated commodities. Please provide separate quotes for lunch alone,

breakfast alone, snack alone, breakfast and lunch only, breakfast and snack only, lunch and snack only and for

breakfast, lunch and snack. The Pre-k meals must be served family style, i.e. in separate tray for each entree. The

must be five (5) separate trays per entrée, one for each class room. MPTCS reserves the option of using more than

one VFSC to supply their VFSC services.

ADMINISTRATIVE GUIDANCE

The information provided herein is intended to assist VFSC in the preparation of proposals necessary to properly

respond to this Request For Proposals (RFP). The RFP is designed to provide interested VFSC’s with sufficient basic

information to submit proposals meeting minimum requirements, but is not intended to limit a proposal’s content or

exclude any relevant or essential data. VFSC’s are at liberty and are encouraged to expand upon the specifications to

evidence service capability under any agreement. Each VFSC will be required to participate in a “blind” food tasting

session prior to the award of any contract. The “blind” food tasting event will take place at 370 So. 7th St., Newark, NJ

on May 8, 2013 at 11 am in the cafeteria. NO VFSC will be awarded a contract unless they participated in the

Food Tasting Session. VFSCs must notify Ms. Dickens at (973) 621- 0060 ext. 2317 no later than April 30,

2013 of the intent to participate in the Food tasting Session. All VFSC will be given a coded number so that no

taster is aware of the name of the VFSC’s food which they are tasted. Once all of the food is tasted and the results

tallied, the VFSCs will be decoded and the corresponding tally sheet will be attached to the Bid of the appropriate

VFSC.

RESPONSE DATE

A copy of your proposal must be received in the Business Office to the attention of MPTCS official on the day and

time indicated on the first page titled “Request for Proposals”. Any proposal en route, either in the mail or other

locations in any of MPTCS’s offices, will not be considered timely and will be returned unopened. Proposals received

after the deadline will be late and ineligible for consideration.

Responses tendered by mail should be addressed to the school Business Administrator/Board Secretary with the

exterior of the envelope being plainly marked, “Vended Food Service” Allow enough time for delivery before the

due date.

Interested parties or their authorized representatives are expected to fully inform themselves as to the conditions,

requirements and specifications before submitting a proposal. Failure to do so will be at your own risk and he/she

cannot secure relief on the plea of error. MPTCS is not liable for any cost incurred by any respondent prior to signing

of a contract by all parties. Either party without the written consent of the other cannot assign the contract.

TERM OF CONTRACT

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The contract shall be between Marion P. Thomas Charter School and the Food Service Management company

effective on July 1, 2013 and terminate on June 30, 2014. Contract will be for a period of one year with the option for

four additional one-year renewals.

CONSIDERATION OF PROPOSALS

The Board of Trustees may award a contract based upon the initial proposals received without discussion of such

proposals. Accordingly, each initial proposal should be submitted with the most favorable price and service

standpoint. The Board reserves the right to reject any and all proposals received. In addition, the Board of Trustees

reserves the right to waive any irregularities in proposals and to make all decisions in the best interest of MPTCS.

Bidders may obtain copies of the RFP by accessing http://www.MPTCS.org. For additional information

please contact Femi Amorin, School Business Administrator/Board Secretary at 973-621-1560.

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BASIC VFSC REQUIREMENTS

The intent of this request for proposal is for MPTCS to enter into an agreement with a VFSC Food Service Company

that specializes in healthy and nutritious vended school break, lunch and snack meals in accordance with terms and

conditions and requirements set forth in their Request for Proposal and compliant with the United States Department of

Agriculture School Food and Nutrition Regulations. It is also the intent of this proposal to enter into a contract for

meals which the students will eat. All meals will be delivered daily to the school’s two locations. The VFSC is

required to maintain the appropriate state and local health certifications for their facility and will package and deliver

these meals in accordance with the food safety guidelines of the appropriate governing health departments. All bids

must be in compliance with the contract conditions provided by the Department of Agriculture School Nutrition

Programs VFSC Contract, Form #233. VFSCs must submit with their sealed bid, a copy of the current state and local

health certificates. The following conditions must be met at a minimum and addressed in proposals.

1. All meals supplied will be National School Lunch Program/School Breakfast Program Compliant by VFSC

and will conform to the USDA menu pattern requirements specific to the Enhanced Food Based Menu

Planning option.

2. All bids must indicate that low fat, non-fat milk will be provided with each Meal.

3. The VFSC’S food service program must also meet the following criteria:

Hormone Free Milk

Fresh Fruits Daily w/variety – in season and local when possible – sugar and fructose-free fruit cups

Reduce Sodium

Making sure that ingredients are recognizable and not artificial

Emphasis on whole grains & 100% whole wheat/whole grain breads

Eliminate high –fructose corn syrup, trans-fat and artificial sweeteners.

4. VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by

MPTCS.

5. VFSC shall be responsible for the condition or care of MEALS until they are delivered to the school. MPTCS

reserves the right to inspect and determine the quality of food delivered and specification on the contract.

MPTSC will not pay for meals that are spoiled or unwholesome at time of delivery. The VFSC shall not be

paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified time period

and meals rejected because they do not comply with the specifications. MPTCS reserves the right to obtain

meals from other sources if meals are rejected due to any of the stated reasons. The VFSC will be responsible

for any excess cost, but will receive no adjustment in the event the meals are procured at a lesser cost.

MPTCS shall notify the VFSC in writing as to the number of meals rejected and the reason for the rejection.

6. When requested by MPTCS, the VFSC shall provide MPTCS with sack lunches for field trips. All meals for

field trips must meet the appropriate meal pattern requirements.

7. VFSC shall provide to MPTCS no later than one (1) week prior to the end of each month, a monthly menu

covering the meals to be served for the following month.

8. The VFSC must have extensive involvement and experience in the school food delivery services field and

create a breakfast, lunch and snack menu that is separated from grades Pre-Kindergarten, Kindergarten to 4th

grade and from 5th grade to 8

th grade for each month, including snack options.

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9. VFSC shall be responsible for maintain the proper temperature of the meal components until they are delivered

and opened by MPTCS.

a. VFSC who receives the breakfast and/or lunch bids must be prepared to supply a stove. If the stove is at

an additional cost, the price must be included in this proposal. Failure to provide a separate quote for the

stove will mean that the usage of the stove for the term of the contract is included in the response to this

bid at no additional cost.

10. VFSC shall maintain all necessary record on the nutritional components and quantities of the MEALS served

by MPTCS and make said records available for inspection by State and Federal Authorities upon request.

11. EQUAL OPPORTUNITY: During the performance of this contract, the VFSC will not discriminate against

any employee or applicant for employment because of race, color, religion, sex or national origin. VFSC must

comply with Mandatory Equal Employment Opportunity Language N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27

(See exhibit A).

12. Company must be registered with the New Jersey State Department of Education, Bureau of Child Nutrition

Programs for the 2013-14 school year.

13. VFSC shall provide documentation that insurance for professional liability/malpractice coverage and workers

compensation with limits as to liability acceptable to the Board of Trustees.

14. New Jersey Business Registration Certificate.

15. Corporate Disclosure Statement.

16. Political Contribution Disclosure – Business entities are requires to file an annual disclosure statement of

political contributions with the NJ Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-1 et

seq. and N.J.S.A.19:44A-20.26, if they receive contributions in excess of $17,500.00 from public entities in a

calendar year.

17. Certificate Regarding Debarment and Suspension.

18. Certificate of Independent Price Determination.

19. Certificate regarding Lobbying.

20. All bids must include:

A copy of the VFSCS current health permit for the facility at which meals will be prepared and food items

stored.

Verification of VFSCs used for rBST-free milk, natural and organic products, fresh produce VFSCs and

sample menus of health meals with the required food items included.

Cost of paper good and utensils if separate, or they will be determined to be included in your bid.

21. Award of Contract:

MPTCS reserves the right to waive any informalities or to reject any or all bids.

Award will be based on the best proposal most advantageous to MPTCS. Determination will be

made by consideration of proposal, experience in similar engagements and references, along with

taste of the food and the cost of services.

22. References (REQUIRED): Use Schedule A:1: LEA school Receiving Vended Meals. Respondents, please list

two (2) schools, with contact name, telephone number and address, who have been using your company for

similar or like services in the past 36 months. By listing references, respondent agrees that THE LEA may

investigate these references and consider them as a basis to determine award of this RFP.

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23. THE LEA or VFSC may cancel this contract for cause by giving 60 days written notification to the other party.

24. All proposals shall be valid and may not be withdrawn for sixty (60) days after submission.

Sealed bids will be received at Marion P. Thomas Charter School, the LEA, 370 S. 7th Street, Newark, New Jersey

07103 Attention: Femi Amorin, School Business Administrator/Board Secretary. All sealed Proposals must

be submitted by 10:30 am, May 15, 2013. The opening of the bids will occur on May 15, 2013 at 2:00 pm at Marion P. Thomas Charter School Conference Room (Elementary School) - 370 South 7

h Street, Newark, NJ 07103.

The sealed Proposals must be clearly marked VENDED FOOD SERVICE .

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OBJECTIVES OF THE BOARD OF TRUSTEES

The successful VFSC shall conduct the food service program in a manner which best fulfills the following objectives:

1. Provider reliable delivery of a school breakfast, lunch and snack for our MPTCS’s Funded Child Nutrition

Program. Deliver the school breakfast, lunch and snack at the lowest possible cost without sacrificing quality.

2. To provide an appealing and nutritionally sound funded breakfast, lunch and snack. An important goal of the

Board is maximize participation, provide a healthy meal (break, lunch or snack) while controlling expenses.

3. To promote nutritional awareness whenever the food service can interface with the MPTCS’s teaching programs,

nutrition groups, or Board Advisory Committees.

4. Maximize student interest and participation by seeking customer input, implementing menu variations and

merchandising techniques and by good communication with all interested groups.

5. Keep the MPTCS appraised of legislation that may impact the funded food services.

6. Make periodic recommendations regarding operational and/or equipment needs which the Board may adopt,

partially adopt, or abandon.

7. Cooperate with all community groups to enhance the public’s perception of our MPTCS.

8. Work with District to implement Nutrition Policy, Food Service Biosecurity Policy and HACCP Plan.

9. Abide by all contract language required by the Bureau of Child Nutrition for the 2013-14 school year.

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SPECIFICATIONS

MPTCS participates in the National School Nutrition Program. Surplus food Commodities are available for use in

the food service programs and it is the interest of MPTCS that such items be tastefully included in the menus to the

greatest extent possible. When these Commodities are included in the menu a credit shall be given to MPTCS.

Terms of the actual agreement with the successful VFSC will be developed through negotiation and shall be

consistent with the rights reserved by MPTCS as described in these specifications.

MARION P. THOMAS CHARTER SCHOOL

GENERAL INFORMATION

MPTCS anticipates the Enrollment to be 700 students for the 2013-2014 School Year Pre-

K to 8th

Grade.

Pre-Kindergarten meals must be served family style with five (5) separate trays per entrée,

one for each class.

ADA for current school year is about 96%.

We anticipate approximately 80% to 82% of enrollment will be Free and Reduced.

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LOCAL EDUCATION AGENCY RESPONSIBILITIES

Language in italics is directly from the NJ Required State Language for VFSC contracts Form #233.

As Mandated by the NJ Bureau of Child Nutrition Programs 2013-14

1) The Local Education Agency shall remain responsible for ensuring that the food service operation is in

conformance with its agreement under the program and shall monitor the food service operation through periodic

on-site visitations. 7CFR 210.16(a) (2) and (3).

2) The Local Education Agency shall maintain applicable health certification and be assured that all state and local

regulations are being met by a food service management company preparing or serving meals at the Local

Education Agency’s facility. 7CFR 210.16(a) (7)

3) The Local Education Agency shall establish all program and non-program meal and a la carte prices. 7CFR

210.16(a) (4).

4) The Local Education Agency shall retain signature authority on the State Agency-District Free and Reduced Price

Policy Statement and Agreement to participate in the National School Lunch Program (NSLP), School Breakfast

Program (SBP), Special Milk Program (SMP) and After School Snack Program (ASSP). 7CFR 210.16(a) (5)

5) The Local Education Agency shall establish internal controls, which ensure the accuracy of lunch counts prior to

the submission of the monthly claim for reimbursement. 7CFR 210.8(a) At a minimum, the Local Education

Agency shall:

review edit check worksheets and make comparisons of daily free, reduced price and paid lunch counts

against data which will assist in the identification of lunch counts in excess of the number of free, reduced

price and paid lunches served each day to children eligible for such lunches;

develop and implement a system for follow-up on those lunch counts which suggest the likelihood of lunch

counting problems.

conduct an on-site review of the lunch counting and claiming system employed by each school within the

jurisdiction of the Local Education Agency.

6) The Local Education Agency shall be responsible for all contractual agreements entered into in connection with

the school nutrition program (i.e., vending meals to other Local Education Agencies). 7CFR 210.21(b)

7) The Local Education Agency shall retain control of the non-profit school food service account and overall

financial responsibility for the School Nutrition Programs and shall maintain a financial management system as

prescribed by 7 CFR 210.14(a).

8) The Local Education Agency shall be responsible for ensuring resolution of program review and audit findings.

7CFR 210.9(b) (17) and 210.18(k) (1) (2)

9) The Local Education Agency shall develop, distribute and collect the parent letter and application for free and

reduced price meals and free milk. 7CFR 245.6

10) The Local Education Agency shall be responsible for determining and verifying applications for free and reduced

price meals or free milk benefits and the conduct of any hearings related to such determinations. This

responsibility shall not be delegated to the food service management company. 7CFR 245.6(c).

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11) In order to offer a la carte food service, the Local Education Agency must offer all eligible children free, reduced

price and full price reimbursable meals. 7CFR 210.16(a)

12) Local Education Agency shall establish all prices, including price adjustments for food items served under

the nonprofit school food service account (e.g. reimbursable meals, a la carte service, adult meals and

vending machines) 7CFR 210.16(a)(4).

13) The Local Education Agency shall purchase, to the maximum extent possible, domestic commodities or

products. Domestic commodities and products means an agricultural commodity that is processed in the

United States substantially using agricultural commodities that are produced in the United States, or an

agricultural commodity produced in the United States. 7CFR 210.21(d)

QUALITY, EXTENT AND GENERAL NATURE OF FOOD SERVICE

1) The Local Education Agency must provide detailed specifications including but not limited to grade and

weight for each food component or menu item as specified in 7CFR Part 210, and include these specifications

in the IFBs or RFPs. Specifications shall also cover other items such as purchase units, style, condition,

ingredients, formulations, and delivery time. 7CFR 210.16(c) (3).

2) The Local Education Agency must retain control of the quality, extent and general nature of its food service.

7CFR 210.16(a) (4)

3) No payment shall be made by the Local Education Agency for meals that are spoiled or unwholesome at the

time of delivery, do not meet detailed specifications as developed by the Local Education Agency for each food

component specified in the School Lunch Pattern or do not otherwise meet the requirements of the contract.

7CFR 210.16(c)(3)

VFSC RESPONSIBILITIES

GENERAL CONDITIONS

1. All proposals shall be valid and may not be withdrawn for sixty (60) days after submission. The VFSC must

clearly outline the proposed financial arrangements in the response, including any conditions that may affect the

financial representations made in the proposal.

2. The VFSC will comply with all specific and general conditions outlined in these specifications, which are in all

respects made a part of this Request for Proposal.

3. The VFSC must examine kitchens, cafeterias, receiving and storage areas where services are to be provided.

4. No alterations, changes or improvements shall be made to the areas granted to the VFSC without obtaining prior

written permission of MPTCS with the final decision as to alterations, changes or improvements reserved solely

for MPTCS.

LEGAL REQUIREMENTS

Any proposals submitted shall be in accordance with the laws of the State of New Jersey. Regulations and Standards

of the New Jersey State Department of Elementary and Secondary Education, and shall conform to the standards of the

United States Department of Agriculture.

SUBMISSION OF PROPOSALS REQUIRED FORMS/RESPONSES

The VFSC must complete and submit all required forms provided by MPTCS. Respondents’ failure to complete

these requirements may nullify the proposal submitted.

Clarification of interpretation must be made to MPTCS prior to submission of a proposal. MPTCS will hold a

question and answer session to answer questions regarding the RFP on May 1, 2013 via telephone

conference from 11:00 am until 12:00 noon. ((973) 621-0060 x 2222 pin 1020.

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The Proposal Book will be arranged in the following order with the required

information.

1) Executive Summary Include cover letter stating the intentions of the VFSC proposal and summary detailing the VFSC findings and

recommendations for MPTCS’s food service program.

2) Required Documents for Proposal 2.1 Appendix II – RFP Checklist

2.2 Copy of Letter certifying Approval for the VFSC Contract for 2013-14 from the NJ Bureau of Child

Nutrition

2.3 Affirmative Action Acknowledgement (Form attached) plus one of below approvals:

Evidence of Federal approval, OR N.J. Certificate of Employer Information Report Approval, OR

Completed Employee Information Report (Form AA302-form)

2.4 Certificate of Insurance: A Certificate of Insurance of VFSC’s with $10,000,000 of insurance coverage included

with Proposal. VFSC shall maintain as a minimum the insurance coverage set forth below for each accident

provided by insurance companies authorized to do business in the State of New Jersey. Companies should be rated

“A” or better by A.M. Best. All policies shall be written on an occurrence form. A certificate of insurance

indicating these amounts must be submitted as part of this response.

COMPREHENSIVE GENERAL LIABILITY - includes coverage for:

1 - Premises - Operations

2 - Products/Completed Operations

3 - Contractual Insurance

4 - Broad Form Property Damage

5 - Independent Contractors

6 - Personal Injury

7 - Employment Practices Liability

$1,000,000 Each Occurrence

AUTOMOBILE LIABILITY

$1,000,000 Each Accident

WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY

1. Worker’s Compensation - Statutory

2. Employer’s Liability - $1,000,000

UMBRELLA POLICY

An umbrella policy will be carried by the VFSC for an additional $9,000,000 to increase the

total coverage to $10,000,000 to protect MPTCS

MPTCS shall be named an additional insured on all required insurance policies.

The contract of insurance shall provide for notice to MPTCS of cancellation of insurance policies thirty (30) days

before such cancellation to take effect.

2.5 NJ Business Registration Requirement – Include Certificate

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VFSC must register with the NJ Department of Treasury, Division of Revenue to obtain a Business

Registration Certificate. P.L. 2004 C.57 (N.J.S.A. 52:32-44)

The Local Education Agency (MPTCS) shall award contracts to a Food Service Management Company

only if a current Business Registration Certificate has been submitted with the proposal or bid. P.L. 2004

C.57 (N.J.S.A. 52:32-44)

The Business Registration Certificate is required at the time the contract is awarded. P.L. 2004 C.57

(N.J.S.A. 52:32-44

The Food Service Management Company name on the contract must be identical to the name on the

Business Registration Certificate. P.L. 2004 C.57 (N.J.S.A. 52:32-44)

2.6 Business Entity Disclosure Certification (Form attached).

2.7 Political Contribution Disclosure Form

3) Client List Client references list of present districts served by the contractor in the State of New Jersey. (Client list indicating

name, address, telephone number, and contact person.)

4) Company Profile & District Support 1. Describe the location of Food Service Company’s office from which the account will be supervised

2. Include an organizational chart showing the depth, extent, scope and availability of support personnel including the

amount of personnel representation, visitation and coverage by Field Supervisors and other support personnel.

3. Describe VFSC’s support personnel, including a summary of their backgrounds.

4. VFSC President available to meet with District in person upon request of MPTCS.

5) Menu 5.1 The VFSC will submit with the proposal a twenty-one (21) day cycle menu and Ala Carte Price Schedule.

The VFSC must adhere to this cycle for the first twenty-one (21) days of meal service; thereafter, changes may be

made with the mutual agreement of MPTCS and the VFSC. However, the menu standard, as presented in the first

twenty-one (21) day menu and the Daily Menu Pattern, must be maintained as a type and quality of meal service.

5.2 The Daily Menu Pattern should clearly indicate the number and type of choices and offerings that will be

offered at all grade levels.

5.3 All bids must indicate that low fat, non-fat milk will be provided with each Meal.

5.4 The VFSC’S food service program must also meet the following criteria:

Hormone Free Milk

Fresh Fruits Daily w/variety – in season and local when possible – sugar and fructose-free fruit cups

Reduce Sodium

Making sure that ingredients are recognizable and not artificial

Emphasis on whole grains & 100% whole wheat/whole grain breads

Eliminate high –fructose corn syrup, trans-fat and artificial sweeteners.

5.5 VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by the

LEA.

6) Prices/Portions 6.1 VFSC shall recommend meal prices and portions for approval by MPTCS.

VFSC shall not alter the prices once approved without prior notice and approval by MPTCS.

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6.2 VFSC shall give the following pricing options: (1) lunch alone, (2) breakfast alone, (3) snack alone, (4)

breakfast and lunch only, (5) breakfast and snack only, (7) lunch and snack only and for (8) breakfast, lunch and

snack. MPTCS reserves the option of using more than one VFSC to supply their food VFSC services.

7) Sanitation/Safety - VFSC The VFSC shall have state or local health certification for any facility outside the school in which it

proposes to prepare meals and the food service management company shall maintain this health

certification for the duration of the contract. 7CFR Part 210.16(c) (2). A copy to be provided with this

RFP.

8) If Guarantee is included, describe limits and conditions that would affect guarantee.

9) Explain position of VFSC on 7CFR 210.21(i-vi) Procurement- Rebates, Discounts, and Credits (Form Attached)

25. VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by

the LEA.

REQUIRED DOCMENTS WITH CONTRACT IF APPROVED

If the VFSC is approved by MPTCS to provide food service management the following documents must be submitted

with the base contract.

1. DEBARMENT/SUSPENSION CERTIFICATE

2. AICPA STATEMENT OF AUDITING STANDARDS #70

3. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

4. CERTIFICATION REGARDING LOBBYING

5. DISCLOSURE OF LOBBYING ACTIVITIES

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Menu Development

A) MENUS, PRICES, AND PORTIONS

MENUS

1. The VFSC will submit with the proposal a twenty-one (21) day cycle menu.

2. The VFSC must adhere to this cycle for the first twenty-one (21) days of meal service; thereafter, changes may be

made with the mutual agreement of MPTCS and the VFSC. However, the menu standard, as presented in the first

twenty-one (21) day menu and the Daily Menu Pattern, must be maintained as a type and quality of meal service.

The Daily Menu Pattern should clearly indicate the number and type of choices and offerings that will be offered

at all grade levels.

PRICES/PORTIONS

1. VFSC shall recommend meal prices and portions for approval by MPTCS.

2. VFSC shall not alter the prices once approved without prior notice and approval by MPTCS.

MEALS

1. The VFSC shall serve reimbursable meal pattern meals pursuant to the National Food and Nutrition program. The

current prices are provided in Appendix I – General Information, reflect the current prices filed on the Schedule A.

2. The VFSC may offer a choice of reimbursable menu pattern meals, subject to approval of MPTCS.

3. The VFSC shall promote maximum participation in the Child Nutrition Programs.

4. The VFSC shall provide condiments and utensils as needed.

5. The VFSC shall use MPTCS facilities for the preparation of food to be served in the designated attendance units.

B) FREE AND REDUCED MEAL POLICY

1. The written policy of MPTCS requiring feeding of needy children, free or at reduced price, shall apply to the

VFSC’s food service operation. The policy is on file in MPTCS office. MPTCS shall be responsible for the

implementation of this policy.

2. The VFSC will be responsible for implementing policies covering free and reduced price meals and milk programs

for those students designated by MPTCS as meeting Federal and State agency requirements for those programs.

All such meals shall be served and accounted for in a manner approved by MPTCS so as to protect the anonymity

of the recipients. Meals shall be served and proper accurate pupil participation records shall be maintained by the

MPTCS.

3. MPTCS will periodically review free and reduced price meal applications. MPTCS shall maintain such records as

they may need to support its claims for reimbursement under the Child Nutrition program. A District official will

conduct Accu-Claim review in accordance with regulations.

C) SPECIAL FUNCTIONS

Describe the VFSC’s policy regarding meals or refreshments at special school functions such as after-school meetings,

faculty dinners, evening parties, athletic programs, etc.

D) PURCHASING

1) PURCHASE SPECIFICATIONS

The VFSC shall be responsible for purchasing standards and specifications to bring about the best quality and price for

MPTCS’s food service program. The grade, purchase unit, style, weight, ingredients, formulation, etc., as agreed by

MPTCS shall be complied with by the VFSC.

The minimum procurement specifications are;

Dairy Products Grade A

Meat USDA Inspected

Fish U.S. Government Inspected

Poultry USDA Inspected

Canned Fruit & Vegetables U.S. Grade A Choice

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Fresh Fruit & Vegetables U.S. No. 1 Grade

Frozen Fruits & Vegetables Highest Quality

E) INVENTORY, STORAGE AND PROCUREMENT OF FOOD

1. The VFSC shall purchase all food and non-food commodities at the lowest price possible, consistent with

maintaining quality standards.

2. The VFSC will provide MPTCS with bakery, dairy and ice cream bids/quotes as requested.

3. The VFSC will charge MPTCS the net price on VFSC’s invoices, the amount due after VFSC discounts that may

apply.

4. Ownership of beginning and ending inventories of food and supplies shall remain with MPTCS.

5. Ownership of all USDA commodities shall also remain with MPTCS as required by regulations.

6. MPTCS will request, receive and inspect foods delivered by.

F) PROCUREMENT – REBATES, DISCOUNTS, AND CREDITS – Using the Form Attached

1) The VFSC shall charge the Local Education Agency only for costs that are actual and allowable, net of all credits,

discounts, rebates, and allowances. The determination of allowable costs must be made in compliance with the

applicable USDA and program regulations and Office of Management and Budget Circular A-87. 7 CFR 210.21

VFSC will indicate which method they will be using with this proposal A. The VFSC will identify allowable and unallowable costs on billing documents.

OR

B. The VFSC will exclude all unallowable costs from its billings and certify that only allowable costs are

submitted for payment by the Local Education Agency. Records must be established that maintain

visibility of unallowable costs, including directly associated costs, in a manner suitable for contract cost

determination and verification.

2) The VFSC must identify the amount of each discount, rebate and other applicable credit on bills and invoices

presented to the Local Education Agency for payment and individually identify the amount as a discount, rebate or

nature of the credit This information may be reported monthly but no less frequently than annually. 7 CFR

210.21(iv)

The VFSC will indicate what the frequency of reporting will be in this proposal.

3) The VFSC must identify the specific method(s) by which it will report discounts, rebates and other applicable

credits allocable to the contract, that are not reported prior to the conclusion of the contract. 7 CFR 210.21(v)

The VFSC will describe the method(s) used to report discounts, rebates and other applicable credits that are not

reported prior to the conclusion of the contract.

4) The VFSC must maintain documentation of costs and discounts, rebates and other applicable credits, and must

furnish such documentation upon request to the Local Education Agency, state agency or USDA. 7 CFR 210.21(vi)

G) USDA DONATED COMMODITIES

1) Any USDA donated commodities received for use by the Local Education Agency which is made available to or

notification has been given to the VFSC must be used in the Local Education Agency’s food service. 7 CFR

250.50

2) Any USDA donated commodities received for use in the school year by the Local Education Agency and made

available to the VFSC, including entitlement, bonus foods, and the value of donated foods used in processed end

products, must be credited to the Local Education Agency’s nonprofit school foodservice. The VFSC is permitted

to order or select USDA commodities each month in coordination with the Local Education Agency. 7 CFR 250.51

3) The value of all USDA donated commodity foods used in the crediting must be based on the market value

determined by the monthly allocation notice at the time the Local Education Agency receives the commodities.

Crediting for the value of donated foods contained in processed end products shall be at the annual processing

agreement value. 7 CFR 250.51

4) The Local Education Agency shall be assured that the maximum amount of USDA donated foods as may be

efficiently utilized in the Local Education Agency’s food service will be accepted by the food service management

company. 7 CFR 210.14

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5) The VFSC must use all donated ground beef, ground pork and all processed end products in the Local Education

Agency’s food service and must use all other donated foods or commercially processed foods of the same generic

identity, of US origin and of equal or better quality than the donated foods, in the Local Education Agency’s food

service. 7 CFR 250.51

6) The VFSC is prohibited from entering into any processing agreement or contracts using USDA commodity foods.

However, the procurement of processed foods is an activity the food service management company may perform

on behalf of the Local Education Agency. The Local Education Agency and food service management company

shall consult and agree on end products to be processed from USDA donated commodity food during the school

year. If an agreement cannot be reached, the food service management company shall utilize the donated

commodities in the form furnished by the USDA. 7 CFR 250.50

7) The VFSC shall account for all USDA donated commodity food separately from purchased food. Physical

inventories of all donated food must be conducted by the food and verified by the Local Education Agency. The

food service management company shall submit to the Local Education Agency inventory reports showing all

transactions for processed and non processed USDA donated commodities. The food service management

company will ensure that the system of inventory management will not result in the Local Education Agency being

charged for USDA donated foods on the monthly billing statement/invoice prepared by the food service

management company. 7 CFR 250.52

VFSC will Describe controls to differentiate between USDA donated commodities and commercially

purchased foods.

8) A year-end reconciliation shall be provided by the food service management company to the Local Education

Agency to ensure and verify correct and proper credit has been received for the full market value of all USDA

commodity foods. The Local Education Agency reserves the right to conduct commodity credit audits throughout

the year to ensure compliance. 7 CFR 250.54

9) The VFSC is required to maintain accurate and complete records with respect to the receipt, use/disposition,

storage and inventory of all USDA donated commodity food. The food service management company shall accept

liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA commodity

food and shall credit the Local Education Agency either monthly or through a year-end reconciliation. 7 CFR

250.54

10) The VFSC must obtain approval from the NJ Food Distribution Program office, using the NJ Food Distribution

request form, from both the receiving and sending Local Education Agencies before transferring USDA donated

commodities between Local Education Agencies. 7 CFR 250.13

11) The distributing agency, the Comptroller General, or the US Department of Agriculture or their duly authorized

representatives may perform on-site reviews of the food service operation and review of records to ensure

compliance with the requirement of management and use of USDA donated foods. 7 CFR 250.53

12) Renewals of the VFSC, when applicable, are contingent upon the fulfillment of all contract provisions relating to

donated foods. 7 CFR 250.53

13) When a contract terminates and is not renewed, the VFSC must physically return to the Local Education Agency

all donated ground beef, ground pork and processed end products, including those that may be stored off the Local

Education Agency premises, and must also return all other unused donated foods that may be stored on or off

Local Education Agency premises. 7 CFR 250.52

H PURCHASE OF FRESH MILK

1) For all purchases of fresh milk, the VFSC shall purchase the equivalent amount of New Jersey produced milk at

least equal to the amount of fresh milk proposed to be furnished to the Local Education Agency in accordance with

N.J.S.A. 18A:18A-6 and N.J.A.C. 2:55

2) The VFSC shall be responsible for ensuring that all fresh milk purchases are made in conformance with N.J.S.A.

18A:18A-6 and N.J.A.C. 2:55.

I) SCHOOL MEALS INITIATIVE

The VFSC shall provide, upon request by MPTCS, menus to be reviewed by the Board to assure compliance with

MPTCS’s agreement with the State Department of Education.

1. The VFSC will describe in detail how they plan to implement the School Meals Initiative for Healthy Children

Act, P.L. 103-448 using the Enhanced Food Based option.

2. The VFSC will describe the software they will use to analyze the menus when a review occurs.

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3. State who the VFSC Registered Dietitian is who will work with MPTCS.

J) NUTRITION EDUCATION and MODEL NEW JERSEY NUTRITION POLICY

1. The VFSC shall promote the nutritional education aspects of MPTCS’s food service program

2. The VFSC will cooperate in the efforts of MPTCS to coordinate these aspects with classroom instruction. The

corporate Registered Dietitian is available on an as needed basis.

3. The VFSC will comply with the Nutrition Policy passed by MPTCS.

4. The VFSC will work in partnership with MPTCS administrative team to educate the students, parents, teachers,

and community of nutritional efforts to work toward better health.

K) COMMUNICATIONS AND MEETINGS

1. MPTCS contracting with a VFSC shall establish an advisory board composed of parents, teachers and students to

assist in menu planning. 7CFR 210.16(a)(8)

2. VFSC must coordinate convenient times that the Food Service Director and school principals, students, and staff

can meet to offer suggestions to improve the food service program.

3. Describe the role of the VFSC with MPTCS Wellness Committee

4. The President of the VFSC must be available to meet in person with the Business Administrator and/or the Board

upon request.

5. Describe details pertaining to VFSC’s communication to the students, parents, faculty, administration, and the

community.

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MARION P. THOMAS CHARTER SCHOOL

GENERAL INFORMATION

GENERAL INFORMATION

MPTCS Anticipates 192 Food Service Days for the 2013-14 School Year.

District Anticipates the Enrollment to be 700 for the 2013-14 School Year.

Meal Service Periods Are “Closed”.

ACCEPTANCE OF PROPOSALS AND AWARDS It is the intent of MPTCS to accept the proposal that will best promote the public interest and is most advantageous to

MPTCS. The following criteria will be used in evaluating all proposals.

1. Submission of Operating Statement and all required forms.

2. Organization of chapters in specified order.

3. The accuracy of data submitted to support of the RFP.

4. Proposed menus and menu patterns including the required 21-day menu and menu format.

5. Proposed Price Schedule.

6. The taste of the food.

7. The demonstrated ability and experience of the VFSC to perform under the terms and conditions of the

RFP.

8. Service programs offered by the VFSC that will complement and enhance the food service program.

9. Past performance in other districts in New Jersey.

10. The VFSC demonstration of having a complete understanding of MPTCS’s Food Service Program and its

service requirements.

11. Evidence of all information required in Appendix II for each Chapter and organized as specified.

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APPENDIX I

Required Components of RFP

CHECKLIST

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Required Components of RFP APPENDIX Il 2013-2014

We, the undersigned, agree to operate the food service management program as described in the quote specifications

for the 2013-14 school year.

This proposal is subject to all the attached terms, conditions, and specifications and we hereby agree to enter into a

VENDOR FOOD SERVICE CONTRACT. The proposal book will be arranged in the following order with the

required information.

Checklist of Required Components of RFP 1) Executive Summary

Cover letter stating the intentions of the VFSC proposal.

Summary detailing the VFSC findings and recommendations for MPTCS’s food service program. 2) Required Documents

Completed Appendix II RFP Checklist

Company must be registered and have an approved core contract on file with N.J. State Dept. of Agriculture for

fiscal year 2012-13. Include letter. Present letter for 2013-14 upon approval.

Affirmative Action Acknowledgement (Form attached) plus one of below approvals:

Evidence of Federal approval, OR

N.J. Certificate of Employer Information Report Approval, OR

Completed Employee Information Report (Form AA302-form).

Insurance coverage for product and personal liability. Please supply a copy of Certificate of Insurance with

$10,000,000 coverage.

New Jersey Business Registration with the Dept of Treasury. Please supply of a copy of your Business

Registration Certificate.

Business Entity Disclosure Certification (Form attached).

Political Contribution Disclosure Form

3) Client List

Client references list of present District’s served by the contractor in the State of New Jersey. (Client list

indicating name, address, telephone number, and contact person.) 4) Company Profile & District Support

Location of Food Service Company’s office from which the account will be supervised

An organizational chart showing the depth, extent, scope and availability of support personnel including the

amount of personnel representation, visitation and coverage by Field Supervisors and other support personnel.

Description of VFSC’s support personnel including a summary of their backgrounds

VFSC President available to meet with District in person upon request

5) Menu Development

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A sample twenty-one day menu cycle that must be implemented if the proposal is accepted.

Menus separated from grades Pre-Kindergarten, Kindergarten to 4th grade and from 5

th grade to 8

th grade for each

month, including snack options.

Policy regarding meals or refreshments at special school functions such as after-school meetings, faculty dinners,

evening parties, athletic programs, etc.

Describe purchasing practices and quality standards.

Low fat, non-fat milk provide with each meal.

Description of how VFSC will implement the School Meals Initiative for Healthy Children Act, P.L. 103-448.

Include description of training and software recommended.

Statement concerning the ability to deliver meals to each location at times specified by the LEA.

6) Pricing/Portions

Schedule of all selling prices for reimbursable meals. Please provide separate quotes for lunch alone, breakfast

alone, snack alone, breakfast and lunch only, breakfast and snack only, lunch and snack only and for

breakfast, lunch and snack.

These prices would become the Price Schedule of the contract if the proposal were accepted. The a la carte selections

will also include the portion sizes to be provided. These prices may be changed only after approval of MPTCS.

7) Sanitary/Safety

Copy of most recent State or local health certificate.

Description of comprehensive food handling, equipment, and sanitation programs.

Brief description of HACCP and bio-security programs.

8) Guarantee

If guarantee is included, describe limits and conditions that would affect guarantee.

9) 7CFR 210.21(i-vi)

Explain position of VENDOR on 7CFR 210.21(i-vi) Procurement- Rebates, Discounts, and Credits (Form

Attached)

10) Other Requirements

Exceptions to any of the stipulations contained in these specifications or general provisions will be clearly outlined

in a separate letter from VFSC.

We have made a physical inspection of all school facilities and have found all facilities and equipment to be

satisfactory. If facility not found to be satisfactory, please attach a written explanation and recommendation.

Equipment Included

FOOD SERVICE MANAGEMENT COMPANY: _________________________________

Authorized Signature & Title: _________________________________________________

Date: ______________________

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APPENDIX II

REQUIRED FORMS

24

AFFIRMATIVE ACTION ACKNOWLEDGEMENT

Contractor acknowledges that his firm is an Affirmative Action Employer and certifies compliance with all requirements:

_________________________________________________________NAME OF FIRM

_________________________________________________________SIGNATURE

_________________________________________________________TITLE

_________________________________________________________ADDRESS OF FIRM

_________________________________________________________

_________________________________________________________DATE

ALL COMPANIES MUST SUBMIT THIS FORM WITH PROPOSAL

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BUSINESS ENTITY DISCLOSURE CERTIFICATION

FOR NON-FAIR AND OPEN CONTRACTS

Required Pursuant To N.J.S.A. 19:44A-20.8

MARION P. THOMAS CHARTER SCHOOL

Part I – VFSC Affirmation The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the

<VFSC>__________________________________________________________________ has not made and will not make any

reportable contributions pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L. 2004, c. 19 would bar the award of this

contract in the one year period preceding (date of award scheduled for approval of the contract by the governing body) to any of

the following named candidate committee, joint candidates committee; or political party committee representing the elected

officials of the Winslow Township Board of Education

as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).

Part II – Ownership Disclosure Certification

I certify that the list below contains the names and home addresses of all owners holding 10% or more of the

issued and outstanding stock of the undersigned.

Check the box that represents the type of business entity:

Partnership Corporation Sole Proprietorship Subchapter S Corporation

Limited Partnership Limited Liability Corporation Limited Liability Partnership

Name of Stock or Shareholder Home Address

Part 3 – Signature and Attestation: The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the

business entity, will be liable for any penalty permitted under law.

Name of Business Entity:___________________________________________

Signed:________________________________ Title:__________________________________

Print Name:____________________________ Date:__________________________________

Subscribed and sworn before me this ___ day of

___________, 2 __.

My Commission expires:

_________________________________

(Affiant)

________________________________

(Print name & title of affiant) (Corporate Seal)

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BUSINESS ENTITY DISCLOSURE CERTIFICATION

FOR NON-FAIR AND OPEN CONTRACTS

Required Pursuant To N.J.S.A. 19:44A-20.8

MARION P. THOMAS CHARTER SCHOOL

The following is statutory text related to the terms and citations used in the Business Entity

Disclosure Certification form.

“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)

19:44A-20.6 Certain contributions deemed as contributions by business entity. 5. When a business entity is a natural person, a contribution by that person's spouse or child, residing

therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a

natural person, a contribution by any person or other business entity having an interest therein shall be

deemed to be a contribution by the business entity.

19:44A-20.7 Definitions relative to certain campaign contributions. 6. As used in sections 2 through 12 of this act:

“business entity" means any natural or legal person, business corporation, professional services corporation,

limited liability company, partnership, limited partnership, business trust, association or any other legal

commercial entity organized under the laws of this State or of any other state or foreign jurisdiction;

“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or

10% of the stock in the case of a business entity that is a corporation for profit, as appropriate;

Temporary and Executing 12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective date of this act.

~~~~~~~~~~~~~~~~~~~~~

The New Jersey Campaign Contributions and Expenditures Reporting Act

(N.J.S.A. 19:44A-1 et seq.) 19:44A-3 Definitions. In pertinent part…

p. The term "political party committee" means the State committee of a political party, as organized pursuant

to R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any

municipal committee of a political party, as organized pursuant to R.S.19:5-2.

q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of

P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.

r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9

of P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same

election in a legislative district, county, municipality or school district, but not more candidates than the total

number of the same elective public offices to be filled in that election, for the purpose of receiving

contributions and making expenditures. For the purpose of this subsection: …; the offices of member of the

board of chosen freeholders and county executive shall be deemed to be the same elective public offices in a

county; and the offices of mayor and member of the municipal governing body shall be deemed to be the

same elective public offices in a municipality.

19:44A-8 and 16 Contributions, expenditures, reports, requirements.

While the provisions of this section are too extensive to reprint here, the following is deemed to be the

pertinent part affecting amounts of contributions:

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“The $300 limit established in this subsection shall remain as stated in this subsection without

further adjustment by the commission in the manner prescribed by section 22 of P.L.1993, c.65

C.19:44A-7.2) Form #104

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C. 271 POLITICAL CONTRIBUTION

DISCLOSURE FORM

Required Pursuant To N.J.S.A. 19:44A-20.26

This form or its permitted facsimile must be submitted to the local unit

no later than 10 days prior to the award of the contract.

Part I – VFSC Information

VFSC Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein represents

compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying

this form.

_________________________ ____________________________

_________________________

Signature Printed Name Title

Part II – Contribution Disclosure

Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all

reportable political contributions (more than $300 per election cycle) over the 12 months prior to

submission to the committees of the government entities listed on the form provided by the local

unit.

Check here if disclosure is provided in electronic form.

Contributor Name Recipient Name Date Dollar Amount

$

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Check here if the information is continued on subsequent page(s) Form #126

7CPR 210.21 (i-vi) Procurement- Rebates, Discounts, and Credits Explanation of VFSC’s approach for this Proposal

(i) The VFSC shall charge MPTCS only for costs that are actual and allowable, net of all credits,

discounts, rebates, and allowances.

(ii) The VFSC must either: Identify allowable and unallowable costs on billing documents, OR Must exclude all unallowable costs from its billings and certify that only allowable costs are

submitted for payment by MPTCS. Records must be established that maintain visibility of unallowable costs including directly associated costs, in a manner suitable for contract cost determination and verification.

(iii) The determination of allowable costs must be made in compliance with the applicable USDA and

program regulations and Office of Management and Budget Circular A-87.

(iv) The VFSC must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to MPTCS for payment AND individually identify the amount as a discount, rebate or credit.

This information must be reported monthly but no less frequently than annually. The VFSC must identify the location in the contract that indicates the frequency of reporting discounts, rebates, or credits.

(v) The VFSC must identify the specific method(s) by which it will report discounts, rebates and other

applicable credits allocable to the contract, that are not reported prior to the conclusion of the contract. The VFSC must identify the location in the contract where the methods are specified.

(vi) The VFSC must maintain documentation of costs and discounts, rebates and other applicable credits,

and must furnish such documentation upon request to MPTCS, state agency or USDA.

PLEASE COMPLETE THE FOLLOWING:

The VFSC must either: (Choose One) Identify allowable and unallowable costs on billing documents, OR Must exclude all unallowable costs from its billings and certify that only allowable

costs are submitted for payment by MPTCS. What is the frequency that this information will be reported by VFSC? ____________________________________________________________ ____________________________________________________________ Describe the specific method(s) by which this information will be reported. ____________________________________________________________ ____________________________________________________________ (Please attach additional pages as needed) Will the VFSC receive an Administrative Fee for its purchasing negotiations? _________ Food Service Management Company: ________________________________

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ALL COMPANIES MUST SUBMIT THIS FORM WITH PROPOSAL

READ THE ATTACHED INSTRUCTIONS BEFORE SIGNING THIS CERTIFICATION. THE INSTRUCTIONS ARE AN INTEGRAL PART OF THE CERTIFICATION.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions

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 an Federal department or agency.

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. Project Name: Vended Food Service For Marion P. Thomas Charter School __________________ Name and Title of Authorized Representative ___________________________________________ Signature Date This certification is required by the regulations implementing Executive order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510

31

32

Instructions for Certification Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Form

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of facts upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant, but is not required to, check the excluded Parties List System (EPLS) at http://epls.arnet.gov/. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with

33

which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements

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 officer or employee of

any agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of

any Federal grant, the making of any Federal loan, the entering into of any cooperative

agreement, and the extension, continuation, renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any Person

for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in

connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned

shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in

accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under

grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose

accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction

was made or entered into. Submission of this certification is a prerequisite for making or entering into this

transaction imposed by section 1352, title 31, U.S. Code. Any Person who fails to file the required

certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each

such failure.

Project Name: Vended Food Service For Marion P. Thomas Charter School

By:__________________________________________________Date:____________

(Signature of Authorized Official)