Fresh Fruit & Vegetable Program Bid Information

Transcription

1 Fresh Fruit & Vegetable Program Bid Information Pursuant to KRS 45A.365 and Board Policy 04.32, the Floyd County Board of Education is hereby providing notice that the Board will receive sealed bids for providing fresh fruit and vegetable to students in our elementary schools for the Fresh Fruit and Vegetable Program. Mark Fresh Fruit and Vegetable Program Sealed Bid on outside of the envelope. Bid Specifications and Bid Forms may be obtained by contacting Michael Long via phone at , via at or via mail at 106 North Front Avenue, Prestonsburg, Kentucky Procedure for this bid is: The Floyd County Board of Education, 106 North Front Avenue, Prestonsburg, KY will accept bids on the Fresh Fruit and Vegetable Program described above with the specifications or similar specifications listed. Bids will be accepted until 1:00 p.m. EDT on Thursday, September 14 th, 2016and will be publically opened on this date at 1:05 p.m. EDT. All envelopes must be clearly marked SEALED BID on the outside of the envelope, with the items or services you wish to bid on. All proposals must be received by the time designated and none will be considered thereafter. The Board of Education cannot assume the responsibility for any delay as a result of failure of the mails to deliver the bids on time. Faxed bids will not be accepted. The contract(s) may be awarded to the lowest and/or best evaluated qualified proposal meeting all specifications and conditions, subject to all other provisions of the item s request for proposal and be in the best interest of The Board of Education. The winner contracts are scheduled to be awarded at the board meeting to be held on Monday, September 26 th, 2016, 6:30 PM EDT, at Betsy Layne Elementary, 256 School Street, Betsy Layne, KY, For any questions, contact Dale Pack, Child Nutrition Director at (606) The Floyd County Board of Education reserves the right to reject any and all bids. PROHIBITION AGAINST CONFLICTS OF INTEREST, GRATUITIES AND KICKBACKS ANY EMPLOYEE OR ANY OFFICIAL OF THE FLOYD COUNTY SCHOOLS, ELECTIVE OR APPOINTIVE, WHO SHALL TAKE, RECEIVE, OR OFFER TO TAKE OR RECEIVE, EITHER DIRECTLY OR INDIRECTLY, AND REBATE, PERCENTAGE OF CONTRACT,

2 MONEY, OR OTHER THINGS OF VALUE, AS AN INDUCEMENT OR INTENDED INDUCEMENT, IN THE PROCUREMENT OF BUSINESS, OR THE GIVING OF BUSINESS, FOR, OR TO, OR FROM, ANY PERSON, PARTNERSHIP, FIRM OR CORPORATION, OFFERING, BIDDING FOR, OR IN OPEN MARKET SEEKING TO MAKE SALES TO THE FLOYD COUNTY SCHOOLS, SHALL BE DEEMED GUILTY OF A FELONY AND UPON CONVICTION SUCH PERSON OR PERSONS SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000) OR BY IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE (1) YEAR NOR MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE DISCRETION OF THE JURY. EVERY PERSON, FIRM, OR CORPORATION OFFERING TO MAKE, OR PAY, OR GIVE, ANY REBATE, PERCENTAGE OF CONTRACT, MONEY OR ANY OTHER THING OF VALUE, AS AN INDUCEMENT OR INTENDED INDUCEMENT, IN THE PROCUREMENT OF BUSINESS, OR THE GIVING OF BUSINESS, TO ANY EMPLOYEE OR TO ANY OFFICIAL OF FLOYD COUNTY SCHOOLS, ELECTIVE OR APPOINTIVE, IN HIS EFFORTS TO BID FOR, OR OFFER FOR SALE, OR TO SEEK IN THE OPEN MARKET, SHALL BE DEEMED GUILTY OF A FELONY AND SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000) OR BY IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE (1) YEAR NOR MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE DISCRETION OF THE JURY. NOTE: IT IS A MISDEMEANOR NOT TO HAVE THIS PROHIBITION ON EVERY SOLICITATION OR CONTRACT DOCUMENT. THE PENALTY IS A $5,000 FINE OR ONE YEAR IMPRISONMENT OR BOTH ON CONVICTION.

3 GENERAL BID INSTRUCTIONS AND CONDITIONS FOR ALL BIDS (PLEASE READ CAREFULLY) A. ACCEPTANCE OF BIDS The Board of Education reserves the right to accept any bid, to reject any or all bids, to waive any irregularities or informalities in bids received where such acceptance, rejection or waiver is considered to be in its best interest. The Board of Education also reserves the right to reject any bid where evidence or information submitted by the bidder does not provide satisfactory proof that the bidder is qualified to carry out the details of the contract. B. BID DOCUMENTS A bid form is provided to this Invitation to Bid. All proposals must be submitted on the Bid Form. C. SPECIFICATIONS Specifications are attached and are part of this proposal. All material or services furnished must be in conformity with the specifications and will be subject to inspection and approval of the Finance Department after delivery. The right is reserved to reject and return at the risk and expense of the supplier, any item which may be defective or fail to comply with these specifications. It is important that each person submitting a bid follow carefully the specifications detailed herewith. The bidder is instructed to complete all blanks and spaces where information concerning any item is requested. Only items meeting the requirements are to be quoted on the regular bid form. The Board of Education reserves the right to waive compliance of any material or services with any particular specification where such waiver is necessary due to technical errors or inconsistencies in the preparation of such specifications. Product bid must meet or exceed all specifications as of the time and date of bid opening.

4 D. MODEL PROCUREMENT CODE The Model Procurement Code (KRS 45A.) adopted by The Board of Education (BOE Policy 04.32) shall be deemed incorporated by reference in these specifications as though quoted fully herein. In the event of any conflict between this invitation to the bid and the Model Procurement Code, the statute shall take precedence. E. LIABILITY INSURANCE/ PERFORMANCE BOND The Board of Education, per local Board Policy, requires all vendors providing goods/services to the Floyd County Board of Education to name the Board of Education as an additional insured party with a liability limit of $2,000,000 per occurrence. The Board of Education reserves the right to determine the ability of any bidder to perform the work, and any bidder shall, upon request, furnish such information as may be necessary to determine such ability, including performance bond, if requested. F. EXCUSE FOR NON-PERFORMANCE The successful vendor(s) shall be excused from performing hereunder during the time and to the extent that they are prevented from obtaining, delivering or performing in the customary way because of fire, strike, partial or total interruption of, loss or shortage of transportation facilities, lockout, commandeering of raw materials, products, plants or facilities by the government when satisfactory evidence thereof is presented to the other party, providing it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing. G. PENALTIES In case of default by the vendor, The Board of Education may procure the articles or services from other sources and may deduct from any unpaid balance due the vendor for the amount of the excess cost so paid, and the price paid shall be considered the prevailing market price at the time such purchase is made. H. TAXES

5 The Federal Excise Tax and the Kentucky Sales and Use Tax are not to be imposed as The furnish the successful bidder with proper tax exemption certificates upon request. Board of Education will I. PRODUCT EVALUATION Items will be disqualified that do not meet specifications or the accepted equal. If a product is purchased and it is later established that said product fails to comply with these specifications and conditions, the item will be rejected and returned to the supplier at the supplier s expense. No item shall be considered satisfactory that does not conform to our usual accepted methods, use, application, storage, handling and delivery. The decision concerning the satisfactory use and performance of any item on this bid shall be that of the Educational and Business Staff of The Board of Education. J. BRAND NAMES The brand or trade name, manufacturer s name, and/or catalog number must be given in the fails to indicate brand or trade name, where requested, the item bid may be disqualified. column provided. If bidder K. NON-DISCRIMINATION During the performance of this Contract, the Seller agrees as follows: (1) The seller shall not discriminate against any employee, applicant or subcontractor because of age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation. The seller shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation. Such action shall include, although not limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The seller agrees to post in conspicuous places, notices setting forth the provisions of this equal opportunity clause.

6 (2) The Seller shall in all solicitations and/or advertisements for employees placed by or on behalf of the Seller, state that all qualified applicants shall receive consideration for employment without regard to age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation. (3) The Seller shall cause any subcontractor engaged to perform any services required by this contract to include this Equal Opportunity clause in all solicitations, advertisements and employment practices it shall perform. L. DELIVERY The contractor agrees to deliver and install the items within the terms of the contract as the prescribe. Finance Department may All cost for delivery, including drayage and freight, and for the packaging of said articles are to be and must be included in your bid prices. borne by the bidder, If during the period of the contract it is necessary that the Finance Department place toll or long distance telephone calls in connection therewith (for complaints, adjustments, shortages, failure to deliver, etc.), it is understood that the vendor will bear the charge or expense for all such calls. M. SAMPLES Samples may be requested to assist in making decisions for awarding of contracts. The samples must be furnished by time and date specified for bid opening. Failure to furnish samples may disqualify any bid. Samples shall be identical to and meet all specifications of items on which the bid is submitted and will be checked and deemed necessary by The Board of Education for compliance with specifications outlined herein. Samples are to be properly marked for identification and they must indicate the suppliers name and the corresponding item number as shown in the invitation to bid. Samples are to be mailed or delivered to: FLOYD COUNTY SCHOOLS Attn: Matthew C. Wireman, Director of Finance

7 106 North Front Street Prestonsburg, Kentucky If samples are required, and they are not claimed by the indicated date, the samples will become the property of The Board of Education. All samples are to be furnished without cost to The Board of Education with the right reserved to destroy such samples if considered necessary for testing purposes. mutilate, consume or Note: Bid samples should not be submitted unless expressly requested. N. K.O.S.H.A. STANDARDS AND HAZARD COMMUNICATION STANDARD If applicable, all materials and services must meet or exceed K.O.S.H.A. (Kentucky Occupational & Safety Health Act) Standards, and must comply with the Hazard Communications Standard of the Occupational Safety & Health Administration. O. BIDS (1) Businesses that fail to submit bids on two (2) consecutive procurements of similar items may be removed from the applicable bidder mailing list. (2) Tabulations will be made by the Finance Department and each qualified bidder will be mailed a formal tabulation after The Board of Education has taken official action. The Board of Education meetings are normally held once a month. Bidders are requested not to call the Finance Department for a tabulation of the bids. (3) Any bids received after scheduled time of opening will be returned unopened to the bidder. envelope. (4) Each bid must be in a separate sealed envelope with the name of bidder appearing in the top left hand corner of the

8 (5) No bid can be corrected or altered or signed after being opened. The Board of Education will not be responsible for errors or omissions on the part of bidders in making up their bids. Any bids received unsigned will be rejected. (6) All regular bids must be submitted in accordance with specifications on the bid form supplied with this invitation. The submission of a bid on the bid form certifies that the product meets any and all specifications, except as noted on such forms. (7) For any clarification relative to this bid, contact Matthew C. Wireman, Director of Finance/Treasurer, Floyd County Schools, 106 North Front Street, Prestonsburg, Ky , Telephone (606) P. PRICES AND/OR PERCENTAGES OF DISCOUNT (1) All prices and/or percentages of discounts quoted by the various bidders must be firm for the time period indicated under Period of Contract. (2) All prices and quotations must be in ink or typewritten. No pencil figures will be permitted. Mistakes are to be crossed out and corrections inserted adjacent thereto and initialed by person signing bid. Also, corrections made with correction tape or fluid is to be initialed. (3) Quote on each item separately. Prices must be stated in units specified herein. (4) Cash discounts of less than 20 days will be considered net. Cash discounts, when given, will be figured from date of receipt of invoice or receipt of merchandise, whichever is later. (5) Discount terms will be considered in determining the low bidder. (6) Bids that have clerical errors or irregularities are subject to correction only with concurrence with the Finance Department. Unit prices should be listed, extended, and totaled where applicable. Should errors exist in the extended price, the unit price will prevail. (7) If quoting fractional pricing, it must be rounded to the fourth digit.

9 Q. OR EQUAL CLAUSE (1) Whenever, in any of the contract documents, an article, materials or equipment is described by use of a proprietary product or by using the name of the manufacturer or vendor, the term or equal, if not inserted, is implied. (2) The use of a specific article or manufacturer s name shall be construed as indicating the type of equipment, design, general construction, quality and finish. Such use shall not be construed as limiting or excluding any manufacturer s product of comparable quality design and efficiency. R. DESCRIPTIVE LITERATURE AND/OR MANUFACTURER S SPECIFICATIONS The Board of Education reserves the right to waive any discrepancies or inconsistencies between the submitted manufacturer s descriptive literature and/or specifications and the requirements of this invitation to bid, if; (1) the bidder actually submits a sample which conforms to all material requirements of this invitation to bid; or (2) the bidder certifies to The Board that the bidder can actually supply products which conform to all material requirements of this invitation to bid. NOTE: Descriptive literature and/or manufacturer s specifications should not be submitted unless requested. expressly

10 --Invitation to Bid/Request for Proposals Pursuant to KRS 45A.365 and Board Policy 04.32, the Floyd County Board of Education is hereby providing notice that the Board will receive sealed bids for providing fresh fruit and vegetable to students in our elementary schools for the Fresh Fruit and Vegetable Program. Vendors may bid on 1 or more schools from the list below. SCHOOL STUDENTS AES 364 BLES 485 DUFF 289 MVES 389 MES 247 OES 312 SES 260

11 Successful Bidders will be providing a 4 ounce covered container of fruit or whole fruit once per week and a 4 ounce container of vegetables once per week (this can be a combination of vegetables) along with a low fat/non-fat dip (no trans-fat) for vegetables (1 to 2 tablespoons per child). These containers will packaged based on classroom numbers at each school. Fruits and vegetables must meet quality standards set forth by USDA, state, and local school district. There should be a variety of fruit and vegetables provided during the program which includes but not limited to the following: Fruits apples, pears, bananas, star fruit, ugly fruit, berries, cantaloupe, grapes, nectarines, peaches, plums, oranges, tangerines, kiwi, apricots, pineapple, watermelon, cherries Vegetables- peppers, tomatoes, celery, baby carrots, cauliflower, broccoli, sugar snap peas, cucumbers, and vegetable dip. Successful Bidders must deliver the products on the day of service at least an hour before service to the site dependent on the school s schedule. Each FFVP vendor must submit Standard Operating Procedures along with bid. Vendors must follow HACCP principles as well as applicable sanitation and health standards. Vendors must be approved by local health department. Failure to comply with standards stated above will result in termination of services. The Requirements of Contractors including the Code of Statement, Review Procedures, and Clauses (Exclusivity, access to Records, Penalty, Debarment, Buy American, and Equal Opportunity) for the Floyd County Board of Education are on file for review at the Board Office. All contractors must maintain records for 3 years after the final payment of the contract is received. The Method of Procurement used is the Competitive Sealed Bids. After review of bids and bid is awarded payment will be made after invoices are submitted and the Floyd County Board of Education approves the invoices for payment each month. Mark Fresh Fruit and Vegetable Program Sealed Bid on outside of the envelope. Bid Specifications and Bid Forms may be obtained by contacting Michael Long via phone at , via at Michael.long@floyd.kyschools.us, or via mail at 106 North Front Avenue, Prestonsburg, Kentucky Procedure for this bid is:

12 The Floyd County Board of Education, 106 North Front Avenue, Prestonsburg, KY will accept bids on the Fresh Fruit and Vegetable Program described above with the specifications or similar specifications listed. Bids will be accepted until 1:00 p.m. EDT on Thursday, September 14 th, 2016and will be publically opened on this date at 1:05 p.m. EDT. All envelopes must be clearly marked SEALED BID on the outside of the envelope, with the items or services you wish to bid on. All proposals must be received by the time designated and none will be considered thereafter. The Board of Education cannot assume the responsibility for any delay as a result of failure of the mails to deliver the bids on time. Faxed bids will not be accepted. The contract(s) may be awarded to the lowest and/or best evaluated qualified proposal meeting all specifications and conditions, subject to all other provisions of the item s request for proposal and be in the best interest of The Board of Education. The winner contracts are scheduled to be awarded at the board meeting to be held on Monday, September 26 th, 2016, 6:30 PM EDT, at Betsy Layne Elementary, 256 School Street, Betsy Layne, KY, For any questions, contact Dale Pack, Child Nutrition Director at (606) The Floyd County Board of Education reserves the right to reject any and all bids. The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) ; or (800) (in Spanish). USDA is an equal opportunity provider and employer.

13 Requirements of Contractors Doing Business With the Floyd County Board of Education. The purpose of this policy is to set forth the expectations of the Floyd County Board of Education regarding all contractors obligations to follow federal, state, and local laws and regulations while conducting business with the Floyd County Board of Education. Current policies and and procedures AP.1 and AP.1, plus any procurement plans/policies our District has already developed, and any and all Federal Regulations will be followed. Any contract between the Floyd County Board of Education and a business or individual that calls for supplying the Floyd County Board of Education with goods or services shall be governed in all respects as to validity, construction, capacity, performance, or otherwise the laws of the Commonwealth of Kentucky, and any and all Federal laws. These shall include, but not limited to the following Standard Contract Conditions: 1. This contract shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the Commonwealth of Kentucky. 2. Contractors shall comply with the Executive Order 11246, entitled, Equal Employment Opportunity, as amended by E.O , Amending Executive Order Relating to Equal Employment Opportunity, and as supplemented by regulations

14 at 41 CFR part 60, Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, and Department of Labor. 3. The Bidder is legally entitled to enter into contracts with agencies of the Commonwealth of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by provisions of KRSD , KRS , and KRS Contractors providing services under this bid invitation, herewith assure the Floyd County Board of Education they are conforming to the provisions of the Civil Rights Act of 1964 as amended. 5. Federal excise taxes of Kentucky Sales and Use Taxes are not applicable to any purchases made for the use of the Board of Education. Bids should not include any such taxes. Exemption Certificates will be furnished as required. 6. Prohibition against conflicts of interest, gratuities, and kickbacks: Any employee or official of the Floyd County Board of Education, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage, of contract, money, or things of value as an inducement or intended inducement, or in the procurement of business, or the giving of business, for or to or from, any person, or in open market seeking to make sales to the school district shall be deemed guilty of a felony and upon conviction such person or persons shall be subject to punishment or fine in accord with state and/or federal laws. 7. Governing Law. This Request for Proposal, the Master Group Agreement, and any individual Member/Participant Agreement will be construed and enforced in accordance with the laws of the State of Kentucky, without regard to conflict of law principles. 8. Certificate Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion: The bidder will use the attached form as part of the response to the bid request which certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal 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 or

15 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) terminated for cause or default. 9. The successful vendor must retain all records with respect to Floyd County Board of Education required under the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (7 CFR 3016), for a least three years after the Floyd County Board of Education makes its final payments and all other pending matters are closed. 10. Upon request, the successful vendor must provide the Floyd County Board of Education, the USDA, or the Comptroller General of the United States or any of their duly authorized representatives with access to books, documents, papers and records which are directly pertinent to the contract for reporting, excerpts, transactions or for the purpose of conducting and audit or examination. 11. If agreement is considered a covered transaction under the federal rules implementing Executive Order 12549, Debarment and Suspension, including the OMB Guidance in 2 CFR Part 180 and the USDA implementing regulations in 2CFR Part 417, then each such Agreement will be deemed to include a term or condition requiring the successful vendor to comply with Subpart C or 2 CFR Part 417, then each such Agreement will be deemed to include a term or condition requiring the successful vendor to include a similar term or condition in all lower tier covered transactions. In addition, all responding vendors must submit a signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion in the form of the attached Appendix A. No contract will be made with parties listed on the Excluded Parties List System maintained as part of the federal System for Awards Management. 12. Floyd County Board of Education will adhere to the Buy American provision in 7 CFR Part 250. In the event the product is not produced or manufactured in the U.S. the cost of a U.S. produced product is significantly higher than a foreign product and/or the product is not produced or manufactured in the U.S. in sufficient and reasonably

16 available quantities of a satisfactory quality, the vendor shall provide reasonable notice to the Floyd County Board of Education in advance of the product purchase. The Floyd County Board of Education may issue the approval of such product purchases on a case-by-case basis. The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) ; or (800) (in Spanish). USDA is an equal opportunity provider and employer.

17 Termination: Floyd County School District may terminate this Agreement with the successful vendor, in whole or in part, at any time by written notice to the successful vendor stating the extent and effective date of termination. When the successful vendor receives notice of termination under the preceding sentence, the vendor must, unless otherwise directed by Floyd County School District, stop work and acquisition of materials under the contract. No later than thirty (30) days after the effective date of termination, vendor may submit to Floyd County its claim, if any, for reasonable compensation for termination. If the parties cannot agree within a reasonable time upon the amount of fair compensation for the termination, then Floyd County will pay to the successful vendor, without duplication, (1) the contract price for conforming Products that were completed and delivered or performed (as applicable) in accordance with the provisions of the contract and (2) the actual costs that the successful vendor incurred and that are properly allocable or apportionable under recognized commercial accounting practices to the terminated portion of the contract, but not to exceed the contract price for the terminated portion of the contract, less (a) any payments that Floyd County has made and (b) the value to vendor of any raw materials, work-in-process and finished goods that vendor retains and that are allocable to the terminated portion of the contract under such practices. Floyd County will pay these amounts after vendor delivers to Floyd County any completed goods. If Floyd County has made payments of the purchase price to vendor that in the aggregate exceed the total amounts payable by Floyd County to vendor under the preceding provisions, then vendor must promptly refund the excess to the Floyd County.

18 FISCAL MANAGEMENT Procurement AP.1 A. Conditions, including emergencies, and procedures under which purchases may be made by means other than competitive sealed bids. Purchasing officers are authorized to acquire goods, services, or construction through noncompetitive negotiation under the following circumstances, providing a written determination is made that competitive bidding is not feasible. If available, quotes from three (3) suppliers shall be secured if for purchases exceeding $1,000. At least one (1) of the following conditions shall be met: 1. An emergency has been determined. An emergency condition is a situation that creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, and equipment failures. The existence of such a condition creates an immediate and serious need to supplies, services, or construction that cannot be met through normal procurement procedures and the lack of which would seriously threaten (a) the functioning of the District; (b) the preservative or protection of property; (c) the health or safety of any person. When such conditions exist, the Superintendent and designated purchasing agents are authorized to purchase through noncompetitive negotiation. The determination of an emergency and the details of the procurement shall be stated in writing and reported to the Board at its next regular meeting. 2. The product or service to be procured is available from a single source. 3. A necessity is temporarily unavailable from the contracted supplier. When a particular necessity is temporarily unavailable from the contract supplier and the purchasing officer makes a written determination to that effect, the purchasing officer has the authority to treat such items as a single source of services or products and has authority to proceed to procure the same by noncompetitive negotiation. 4. Contracts for services. The District may contract for the services of licensed professionals such as attorney, physician, psychiatrist, psychologist, certified public accountant, registered nurse, or educational specialist: technicians such as plumber, electrician, carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or musician; printers for special projects. This provision shall not apply to architects or engineers providing construction management services rather than professional architect or engineer services. Noncompetitive negotiations for services of licensed professionals shall occur only when specialized training is required of the contractor, when a specific program or service can be delivered by only one or a few individuals, or when travel costs and time dictate constraints on the bidding process.

19 5. The contract is for the purchase of perishable items purchased with funds other than school nutrition service funds on a weekly or more frequent basis. Perishables are those items that are subject to natural decay and deterioration if not put to their intended use within a reasonable time and include such items as fresh fruits and vegetables, meats and fish. Perishables do not include dried, canned, or frozen food products that are normally purchased less frequently than by the week. Items that may be classed as perishables, but which readily lend themselves to competitive bidding, shall be obtained only by competitive bidding. Such items include milk and bread. Purchase of such items with school nutrition service funds shall be done consistent with methods authorized by federal regulation (7 C.F.R ). 6. The contract or purchase is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible. 7. The contract is for proprietary items for resale. 8. Items for resale include printed documents; stocks and inventories for school bookstores; candies; soft drinks, and, all other items that are sold to students and to the general public. Supplies that must be processed prior to resale such as food purchases for the lunchroom are not included as items for resale. 9. The contract or purchase relates to an enterprise in which the buying or selling by students is a part of the educational experience. 10. The contract or purchase is for expenditures made on authorized trips outside the boundaries of the service area of the agency. 11. The contract or purchase is for purchase of supplies that are sold at public auction or by receiving sealed bids. 12. The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker s compensation insurance, or unemployment insurance. 13. The contract or purchase is for a sale of supplies at reduced prices that will afford a purchase at savings to the school district. 14. The contract or purchase is from a state, U.S. Government, or other public agency. 15. The contract or purchase is from a state, U.S. Government, or other public agency price contract. 16. Specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price. 17. Sealed bidding is inappropriate because the available sources of supply are limited. 18. The bid prices received through sealed bidding are unresponsive or unreasonable. B. Reverse Auction Competitive bidding or competitive negotiation for goods and leases may include use of a reverse auction, which is to be conducted as provided in KRS 45A.365 (competitive sealed bidding) or KRS 45A.370 (competitive negotiation).

20 C. Rejection of bids, consideration of alternate bids, and waiver of informalities in offers. The conditions for bidding shall be applicable to and incorporated in all invitations for bids. Failure to comply with such conditions shall be cause for rejection of the bid. The Board or its designee retains the right to waive any informalities in offer. D. Confidentiality of technical data and trade secrets information submitted by actual and prospective bidders or offerors. Technical data and trade secrets information submitted by actual and prospective bidders are exceptions to the open records requirements and shall be rated confidentially. Partial, progressive and multiple awards. The District purchasing officer is authorized, when feasible, to advertise for bids as a discount from a price list or catalog. The conditions shall state that multiple awards may be made. When such multiple awards are made, purchases at the contract discount may be made from such price lists or catalogs without further negotiation. However, any changes in the price list exceeding ten percent (10%) during the period of the contract shall disqualify such items from purchase. E. Supervision of store rooms and inventories, including determination of appropriate stock levels, and the management, transfer, sale or other disposal of governmentowned property shall be the responsibility of the purchasing officer of the district. F. Definitions and classes of contractual services and procedures for acquiring them. The District may obtain the services of various classes of professionals, technicians, and artists by noncompetitive negotiation when specialized training is required of the contractor, when a specific program or service can be delivered by only one or a few individuals, or when travel costs and time dictate constraints on the bidding process. G. Procedures for the verification and auditing of local public agency procurement records. The Superintendent shall maintain sufficient records for the Board to verify all purchasing agreements and purchases made through such agreements. Financial records of all transactions related to the purchase of goods and services for the District or individual schools are subject to an annual financial audit. H. Annual reports from those vested with purchasing authority as may be deemed advisable in order to insure that the requirements of this policy are complied with. 1. Each staff member authorized to approve purchase orders shall: a. Keep a copy of all purchase orders issued. b. Maintain a log to include the name of the vendor from which products or services were obtained. c. Record the purpose of the product or service. d. Record how the decision was made to purchase from the vendor (bid, negotiation, single source, state price contract, etc.) e. List other vendors contacted and their cost for the product or service.

21 2. All Board policies and District procedures pertaining to procurement, whether promulgated under KRS 45A.345 to 45A.460 or otherwise, shall be maintained in the District Central Office and shall be available to the public upon request at a cost not to exceed the cost of reproduction. I. Except as permitted by law, every invitation for bid or request for proposals shall provide that an item equal to that named or described in the specifications may be furnished. Review/Revised:7/30/12

22 APPENDIX A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The undersigned bidder makes this certification as part of its proposal in response to the RFP to which this Appendix is attached. The bidder certifies to the best of its knowledge and belief that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this proposal 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 for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicated 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 2) above; and 4) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the bidder is unable to certify to any of the above statements, the bidder must attach an explanation to this proposal. Bidder s Name PR/Award Number or Project Name Name and Title of Authorized Representative Signature Date

23 Fresh Fruit and Vegetable Program Official Bid Form Contracts awarded by school and will be based on the lowest average price per serving for fruit and vegetable servings. You may bid on 1 school, more than 1 school, or all of the schools. EXAMPLE Fruit per serving $1.00 Vegetable per serving $1.10 Total per serving $2.10 Average price per serving $1.05 Fruit per serving Vegetable per serving Total per serving Average price per serving Allen Betsy Layne Duff May Valley McDowell Osborne Stumbo USDA Nondiscrimination Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, 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 Agency (State or local) where they applied for benefits.

24 Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 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: 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) 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 ; (2) fax: (202) ; or (3) program.intake@usda.gov. This institution is an equal opportunity provider.