REQUEST FOR PROPOSALS FOR BREAKFAST & LUNCH MEALS RFP October 8, 2018

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1 REQUEST FOR PROPOSALS FOR BREAKFAST & LUNCH MEALS RFP October 8, 2018 NOTICE is hereby given that the ECO Charter School (ECO) is accepting sealed Proposals for a Breakfast, Snack, and Lunch Meals contract until10:00 a.m. on October 30, Proposals should be submitted on the required forms, in a sealed container labeled as Breakfast, Snack, and Lunch Meals Contract and delivered to the Office of the Business Administrator as provided below: ECO Charter School Attn: Ms. Jennifer Bailey, School Business Administrator 817 Carpenter Street Camden, NJ ECO assumes no responsibility for Proposals that are improperly mailed or misdirected. Upon release of this Request For Proposal (RFP), all Contractor communications concerning this information request must be directed in writing no later than 4:00 p.m. on October 22, 2018 to the School Business Administrator, who is the only authorized contact person for the RFP. Any contact or lobbying regarding this RFP with any elected. appointed official or employee of ECO other than the School Business Administrator can and will result in disqualification. Any oral communications will be considered unofficial and non-binding on the Charter School. Name: Address: Telephone: Ms. Jennifer Bailey 817 Carpenter Street Camden, NJ (856) j.bailey@ecocharterschool.org No Proposal may be withdrawn for a period of sixty (60) days after the date set for the opening thereof. All RFP responses are to be evaluated on the basis of whose response is the most advantageous to the district, price and other factors considered, and whose response will provide the highest quality of service at fair and competitive prices. ECO Charter School reserves the right to waive any and all guidelines and requirements herein and to reject any and all Proposals in accordance with the Public School Contracts Law. Proposals shall be in conformance with all applicable federal, state and municipal laws including the Public School Contracts Law of the State of New Jersey N.J.S.A. 18A:18A-1 et seq. Contractors are required to comply with the requirements of N.J.S.A. 10:5-31et seq. and N.J.A.C. 17:27. By Order of ECO Charter School Camden County, New Jersey Ms. Jennifer Bailey, School Business Administrator 1

2 TABLE OF CONTENTS Section A- Specifications A. Section 1 - Instructions to Contractors...1 B. Section 2 - LEA Responsibilities....6 C. Section 3 - FSC Responsibilities....6 D. Section 4- Federally Donated Commodities....7 E. Section 5 - Purchasing/Buy American....9 F. Section 6 - Equipment G. Section 7- Inspection of Facility H. Section 8 - Delivery Requirements and Non Compliance I. Section 9- Packaging Requirements J. Section 10- Meal Pricing K. Section 11 - Revenue...12 L. Section 12 - Licensing, Certification, Taxes and FSC Qualifications M. Section 13 - Record Keeping N. Section 14 - Food Specifications O. Section 15 - Bonds, Insurance and Miscellaneous Requirements Section B - Exhibits A. Exhibit A- LEA Schools Receiving Vended Meals and Delivery Times B. Exhibit B- Cost Responsibility Summary C. Exhibit C - LEA School Calendar Section C- Required Proposal Forms D. Proposal Form A- Proposal Price Summary E. Proposal Form A1 Menus..23 I. Proposal Form B- Checklist for Required Forms J. Proposal Form Bl- List of NSLP LEAs Served K. Proposal Form C- Debarment/Suspension Certification L. Proposal Form D- Certification Regarding Lobbying M. Proposal Form E- Certificate of Independent Price Determination N. Proposal Form F- Stockholder Disclosure Statement O. Proposal Form G- Non-Collusion Affidavit P. Proposal Form H- Certification of Affirmative Action Q. Proposal Form I- Worker and Community Right to Know Act R. Proposal Form J- Americans With Disabilities Act Of S. Proposal Form K-New Jersey Business Registration Certificate T. Proposal Form L - Political Contribution Disclosure Form U. Proposal Form M Disclosure of Investment Activities in Iran.42 V. Proposal Form N Comment Form.43 W. Proposal Form O Contractor Questionnaire..44 X. Proposal Form P Acknowledgement of Addenda

3 SECTION A -SPECIFICATIONS SECTION 1-INSTRUCTIONS TO CONTRACTORS 1.1. Purpose: The purpose and intent of this Request For Proposals is to solicit sealed Proposals from responsible firms that provide vended K-12 food services for the purchase of packaged, pre-plated NSLP breakfast, snack, and lunch meals as specified in this RFP Procurement Method: Pursuant to 18A:18A-l et seq. the ECO Charter School (hereafter LEA) will be utilizing a Request For Proposal process. P r o p o s a l s are to be evaluated on the basis of whose response is the most advantageous to the district, price and other factors considered, and whose response will provide the highest quality of service at fair and competitive prices. The LEA reserves the right to waive informalities in a Proposal. Proposals that contain a material defect shall be disqualified and given no further consideration Background: LEA is a K-8 public charter school with one school and two buildings housing _225_ students. The LEA participates in the National School Lunch Program (hereinafter known as NSLP).The LEA has the need to provide its students with breakfast and lunch meals which meet the regulations and requirements of the NSLP Statement of Needs: The Food Service Company (hereafter FSC or Contractor) will provide all breakfast and lunch meals, eating utensils, serving equipment, serving utensils and paper and plastics to deliver, hold and serve the food The FSC shall provide the type of food service at sites as specified on Exhibit A for approximately _182_ annual days during each Term of the Contract The Local Education Agency (LEA) may at any time during the Term of the Contract, add or remove sites and/or meal periods to Exhibit A for programs covered by this Contract unless the addition or removal of sites and/or meal periods creates a material or substantive Contract change The FSC shall be an independent contractor and not an employee of the LEA. The employees of the FSC shall be considered solely employees of the FSC and shall not be considered employees or agents of the LEA in any fashion The LEA shall be legally and financially responsible for the conduct of the food service and shall ensure compliance with the rules and regulations of the State of New Jersey and the United States Department of Agriculture regarding Child Nutrition Programs Timeline of Events: Event Date Release RFP October 8, 2018 Pre-Proposal Meeting& Site Tour Tour October 19, 2018 at 10:00 AM Final FSC Questions Due October 22, 2018 Final Answer to FSC Questions October 23, 2018 Proposal Responses Due/Proposal Opening October 30, 2018 by 10:00 AM LEA Awards Contract November 12, 2018 FSC Starts Services November 26,

4 SECTION A -SPECIFICATIONS Pre-Proposal Conference and Tour: A pre-bid facility walkthrough will be provided upon request only on or before Friday October 19, 2018, at 2:00 p.m. at ECO Charter School building located at 817 Carpenter Street, Camden NJ. The purpose of the bidders' conference will be to provide prospective bidders the opportunity to examine the site requirements for food storage and preparation. Prior to and after the pre- Proposal conference, no oral interpretation will be made to any company regarding the meaning of the specifications. Questions will be taken and answers will be given, such questions will be made in writing to Ms. Jennifer Bailey, School Business Administrator, 817 Carpenter Street, Camden NJ 08102, J.bailey@ecocharterschool.org, and will be in the form of an addendum to the RFP. These addenda will be mailed and or ed to each FSC and will be on file in the Office of the Business Administrator. A tour of the school will immediately follow the conclusion of the pre-proposal conference Acceptance of Proposals and Validity Period: The LEA reserves the right to accept or reject all Proposals pursuant to (N.J.S.A. 18A:18A-1 et seq.), to waive any informality, and to award the contract to the company that will provide the highest quality of service at fair and competitive prices. Submission of a Proposal will signify the FSC's agreement that its Proposal and the content thereof are valid for 60 days following the submission deadline unless otherwise agreed to in writing by both parties. The FSC's Proposal response and this RFP will become part of the contract between the LEA and the successful FSC. Conditional or alternate Proposals will not be accepted Submission of Proposals: Proposal modifications or corrections thereof received after the closing date for the receipt of Proposals will not be considered. The LEA is not liable for any errors or misinterpretations made by the FSC in responding to this Request For Proposal. FSC shall be solely responsible for delivery of the Proposals as specified in the RFP. The LEA bears no responsibility for Proposals that are improperly mailed, misdirected or problems associated with third party carriers Proposal Submission: All Proposals shall be submitted with one (1) complete original Proposal and 2 complete copies in a sealed container. Be sure to include all the required Proposal forms from Section 3 of this RFP (forms A through P), Proposal guarantees, financial statements, etc. All Proposals submitted in response to this RFP must be submitted at the sole expense of the FSC, whether or not any agreement is signed as a result of this Request For Proposal. FSCs will pay all costs associated with the preparation of Proposals and necessary visits to the buildings Scope of Proposal and Proposal: FSC certifies that it has carefully examined and understands that the general conditions to FSCs, the instructions to FSCs, the specifications, the schedules and addenda, if any, that are prepared under the direction of the LEA are a part of the Proposal; and the FSC will, if successful in this Proposal, furnish and deliver the goods and services at the times specified and at the prices Proposal Obligation of FSC: At the time of the opening of Proposals, each FSC will be presumed to have inspected the sites and locations in which the work is to be performed, and to have read, and to be thoroughly familiar with the contract documents (including Addenda, if any). The failure or neglect of any FSC to inspect any site, receive or examine any form, instrument or document shall in no way relieve any FSC from any obligation in respect to its Proposal. Failure of any FSC to receive any Addenda shall not relieve the FSC from any obligation under its Proposal as submitted. In addition, a failure on the part of any FSC to acknowledge receipt of addenda will result in disqualification of the Proposal. Addenda so issued shall become part of the Contract documents. FSCs are advised that terms and conditions set forth herein will be rigidly enforced Examination of Proposal Specification: The FSC shall examine the contents of the Proposal specifications or other documents issued by the LEA in conjunction with this Proposal. The FSC shall 2

5 SECTION A -SPECIFICATIONS assure itself that all pages of the specifications and other referenced Documents are included in the documents obtained for Proposals purposes. If any part of the specifications and other documents are incomplete, the FSC shall notify the LEA in writing, in order to obtain any missing pages or other documents. The lack of such written notification by the FSC will be construed as evidence that the specifications and other documents supplied it for Proposals purposes are full and complete and as a waiver of any subsequent claim to the contrary Proposal Protest- Legal Fees and Costs: In the event a FSC unsuccessfully challenges a Proposal Submission by filing an action in a court of law concerning the same, the FSC agrees to be responsible for payment of reasonable legal costs and fees incurred by the LEA relating to the protest Alternate Proposals: Alternate Proposals will not be considered. An alternate is considered to be a Proposal that does not comply with the minimum provisions of this RFP and the scope of work and service to be provided Proposal Response Format: Proposal responses should be prepared simply, but completely, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content Survey/Inspection of Facilities: It is the FSC's responsibility to become fully informed as to the nature and extent of the scope of work required and its relation to any other work in the area, or other activities. Arrangements for FSC's inspection of buildings and/or activity schedules will be held immediately following the pre-proposal conference. No other tour/walk-through will be permitted. Each FSC, at their expense, should visit the site and become familiarized with the scope of work required, verify all information and existing conditions Inquiries, Questions, RFP Interpretation, and Exceptions: Any question or explanation desired by FSCs must be requested of the LEA in writing. In order to be given consideration, a written request must be received by October 15, If an explanation is necessary, a reply will be made in the form of addenda, a copy of which will be forwarded to each FSC that has received a set of the RFP documents from the LEA and is present at the pre-proposal meeting. FSCs must notify the LEA of their name, address, telephone, address, and facsimile numbers in order to receive any addenda. Interpretation of the wording of this document will be the responsibility of the LEA and its interpretation will be final and binding. All answers will come from the School Business Administrator. The LEA will not give verbal answers to inquiries regarding the scope of work and services, or verbal instructions prior to or after the award of the contract. A verbal statement regarding same by any person will be non-binding. The LEA is not liable for any increased costs resulting from the FSC accepting verbal direction. FSCs are expected to examine the specifications and related Proposal documents with care and observe all their requirements. Ambiguities, errors or omissions noted by FSCs should be promptly reported in writing to the School Business Administrator. Any prospective FSC that wishes to challenge a Proposal specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the Proposals. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 18A:18A-15. In the event the FSC fails to notify the owner of such ambiguities, errors or omissions, the FSC shall be bound by the requirements of the specifications and the FSC s submitted Proposal. If the amount shown in words and its equivalent in figures do not agree, the written words will be binding. Ditto marks are not considered writing or printing and will not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices will prevail. In the event there is an error of the summation of the extended totals, the computation by the LEA of the extended totals will govern. 3

6 SECTION A -SPECIFICATIONS Unless a FSC submits, with their Proposal, a list of exceptions to this RFP or any addendums issued, it shall be assumed there are no exceptions taken to this RFP by the FSC. Any exceptions made by any FSC must be clearly labeled and noted in their Proposal. Any exceptions made to any material condition of the RFP will be cause for the rejection of the Proposal RFP Process: The signature on this Proposal guarantees that the prices quoted have been established without collusion with other FSCs. The FSC certifies that its officers and employees have not bribed or attempted to bribe or influence in any way an officer, employee or agent of the LEA. Any contact or lobbying regarding this RFP or any act in violation of the School Ethics Act, N.J.S.A. 18A:12-21 et seq. with any Elected, Appointed Official or employee of the LEA or Borough other than the School Business Administrator can and will result in disqualification. The only authorized contact person is the School Business Administrator. Any oral communications will be considered unofficial and nonbinding on the LEA. During the interval between the Proposal opening and contract award, the FSC shall not initiate any contact concerning this RFP. Should there be any questions concerning the Proposal submitted, you will be contacted by the School Business Administrator. If you are contacted by the LEA representative, the contact or discussion will be limited to the questions of the representative Sub-Contracting: The FSC must be fully capable of performing the scope of work and services within its own resources and may not assign, transfer, or sublet the contract or any portion thereof without the written consent of the LEA. Sub-contracting any part portion of this contract, without LEA permission to do so, will result in a disqualification of the contract and termination thereof Evaluation of Proposals: A Proposal will be evaluated for its compliance with the scope of the work included in the RFP. All RFP responses are to be evaluated on the basis of whose response is the most advantageous to the LEA, price and other factors considered, and whose response will provide the highest quality of service at fair and competitive prices. The LEA will use a one hundred (100) point system in evaluating all proposals. The criteria to be evaluated are identified below: Item Criteria % A. Scope of Services: Demonstrated understanding of ECO s needs (to include 50 sample meal plan). B. Cost of Services 25 C. Special Considerations: Food quality meets higher standards outlined in the 10 scope of services. D. Capital Investment and Premium Costs: Information on the initial costs and 5 unit prices are included in the Proposal package (to include equipment requirements). E. References: Experience and performance in providing service to similar 5 districts. F. Record Keeping and Availability: Evidence of the provision of document requisition support in the event of an audit The FSC will calculate price based upon the aggregate total of price per meal for the first year of the contract The Contract and Its Award: Award will be made on an "All-or-None Offer, Total Offer" basis. Any contract awarded pursuant to this Request For Proposal will be awarded to a single FSC or to none at all. Award will be made to the FSC whose Proposal is determined to be the most advantageous to the LEA. The LEA will consider whether the FSC's Proposal complies with all the requirements of responsibility in this RFP. There is no obligation on the part of the LEA to award a contract. The LEA may cancel this RFP, reject Proposals or any portion thereof at any time prior to an award. 4

7 SECTION A -SPECIFICATIONS This RFP and the FSC's Proposal response will be made part of the final contract (which will be provided by the LEA). Should there be a conflict the order of precedence will be the contract, the RFP, and last the FSC's Proposal response Term of Contract: The contract will be for a term of one (1) year, with an option for three (3) one (1) year extensions at the LEA's discretion. Extensions are subject to the availability and appropriation annually of sufficient funds by the LEA. The contract will commence on November 26, 2018 and continue until June 30, 2019, unless terminated for cause or convenience. The only rates and fees that may be adjusted in subsequent Contract Terms are the fixed rates and fixed fees contained herein. Before any fixed rate or fee adjustments can be implemented as part of a Contract renewal agreement, the FSC shall document to the LEA, through a written financial analysis, the need for such adjustments. Adjustment of all individual per meal fixed rates and applicable fees in subsequent Contract Terms must not exceed the published NJ Index Rate in affect for the most recent quarter to the renewal date. Percentage increases cannot be applied to any previous Contract Term's total estimated or actual Contract cost Dispute Resolution: Any and all claims, disputes or other matters in question between the LEA and FSC arising out of or relating to this RFP and Agreement or alleged breach thereof, shall be submitted first to non-binding mediation before a mediator who is mutually acceptable to both parties. The LEA reserves its rights to seek injunctive or declaratory relief at any time during the term of the Contract. All disputes not resolved by non binding mediation shall be brought to a court of proper jurisdiction in the LEA's venue. The FSC hereby irrevocably waives its rights to trial by jury in any action arising out of or relating to this Agreement. This waiver does not apply to personal injury actions or to any action in which another party, not bound by such a waiver, demands trial by jury. This waiver is knowingly, intentionally and voluntarily made by FSC Governing Law: The Agreement shall be governed by and in accordance with the laws of the State of New Jersey, without references to any choice of law or conflicts of law's provisions therein Assignment: The rights of the LEA or FSC under the Agreement are personal to each party, and neither party shall assign, transfer, hypothecate or otherwise assign its rights or delegate its duties under the Agreement, whether voluntarily, involuntarily or by operation of law, without the prior written consent of the other party to the Agreement Independent Contractor: The FSC is and shall perform its services under the Agreement as an independent contractor and not as the LEA's agent, partner or joint venture. FSC is employed to render the services only, as specified in the Agreement, and any payments made by the LEA are compensation solely for such services rendered Termination Clause: The following language will be incorporated in the contract: The LEA or FSC may cancel this contract for cause by giving 60 days' written notification to the other party. The LEA or FSC may terminate this contract at any time if it is prevented or delayed from fulfilling the terms of the contract due to war, strike, fire, flood, act of God, or any act not within its control and which, by the exercise of due diligence, it was unable to prevent. In such event, the LEA or FSC, as the case may be, shall give written notice to the other party setting forth the reason for and the effective date of termination. Neither party shall be liable for any loss or penalty upon such termination, except LEA shall pay FSC for vended meals delivered in accordance with this contract prior to the termination date 5

8 SECTION A -SPECIFICATIONS Notwithstanding the above, the successful FSC will not be relieved of liability to the LEA for damages sustained by the LEA by virtue of any breach of the Contract by the FSC and the LEA may withhold any payments to the FSC for the purpose of compensation until such time as the exact amount of the damages due the LEA from the FSC is determined Payment of Invoices: The FSC will bill the LEA in monthly duly verified invoices. The LEA will pay all invoices from the FSC within 30 days of receipt of a properly completed invoice and supportive documentation if submitted seven (7) days prior to the current month's LEA's Board meeting. All records and accounts pertaining to this contract are to be kept available for inspection by representatives of the LEA for a period of two (2) years after final payment: copies will be made available to the LEA upon request. If during the course of the contract, the work performed does not meet the requirements set forth in the contract, the FSC will correct or modify the work to comply with the requirements of the contract and the LEA. SECTION 2- LEA RESPONSIBILITIES 2.1 The LEA shall approve the menus and recipes for meals and other food to be served or sold to students to ensure compliance with the rules and regulations of the New Jersey Department of Education and the United States Department of Agriculture. The LEA must authorize any deviations from the approved menu cycle. 2.2 The LEA may request menu changes periodically throughout the Term of the Contract and shall inform the FSC of any adjustments to menus and monitor implementation of adjustments. 2.3 The LEA orders meals on a Daily basis for each site for each type of meal to be delivered. The LEA can increase or decrease the number of meals ordered or cancel deliveries on a twenty-four hour notice to the FSC. 2.4 The LEA shall ensure all USDA-donated food received for use by the LEA and made available to the FSC shall be utilized within the specified Term of this Contract in the LEA's nonprofit school food service for the preparation and service of meals and for other allowable uses in accordance with the Code of Federal Regulations, 7 C.F.R. Part 250. The LEA shall establish and maintain an advisory board composed of parents, teachers, and students to assist in menu planning. 2.5 The LEA shall provide the labor to serve the meals to the students. SECTION 3- FSC RESPONSIBILITIES 3.1 The FSC shall provide its services hereunder at all times in accordance with generally accepted standards of care and best practices in the industry. 3.2 The FSC shall deliver meals to sites at the specified locations at the times listed on Exhibit A or as designated by the LEA. 3.3 The FSC shall adhere to the 21-day cycle menu(s) and portion sizes specified in Proposal Form A1 for the first 21 days of meal service. Thereafter, changes in the menu(s) may be made with prior approval of the LEA. The meals must meet the Food-Based Meal Pattern as designated herein by the LEA for each Term of the Contract, if applicable. Meals must adhere to all calorie ranges and meet the nutrition standards for National School Lunch, School Breakfast, and/or summer meals programs for the age/grade groups of school children and as listed in Exhibit B. ALL nutrition standards requirements indicated by the USDA for both the National School Lunch and School Breakfast Programs MUST be implemented for the initial Contract Term with the only exception of the sodium targets, which must be implemented as required in subsequent Contract Terms, if applicable. 3.4 The serving sizes provided by the FSC on the 21-day cycle menu(s) in Proposal Form A1 are to be based on the required minimum serving sizes stated in Exhibit B. If the serving sizes for the food items 6

9 SECTION A -SPECIFICATIONS indicated on the menu(s) do not meet the required average daily calorie ranges per five-day week and the nutrient standards as stated in Exhibit B, the FSC must adjust the serving sizes and/or provide additional food items as necessary to meet the required calorie ranges and nutrient standards while meeting all Food-Based Meal Pattern requirements and without significantly altering the 21-day cycle menu(s). 3.5 The FSC shall be responsible for providing meals and menus appropriate for the age of the students served and acceptable to students evidenced by a minimum of plate waste and participation levels in the National School Lunch and School Breakfast Programs, as applicable. 3.6 In an effort to assist the LEA in promoting its nutritional education to families, the FSC will cooperate in efforts to provide awareness outside of classroom instruction time. Additionally, the FSC should implement methods to obtain family feedback and input into the menu development and creation. At a minimum during the term of the contract, the FSC shall: A. Provide graphic, colorful copies of menus and topical information to parents monthly. B. Provide attractive packaging for all meals. C. Provide graphic artwork, promotional materials (e.g. posters, incentives, menu boards, banners). D. Provide a minimum of one nutrition education per month that is culturally relevant and resonant for students, parents, and community partners. Sessions should be run by a qualified, culturally relevant team with experience leading nutrition education for youth and adults. E. Provide monthly newsletters designed to educate youth and their families. Each newsletter must be unique and represent a timely or seasonal topic. F. Participate in a minimum of 5 community events designed to educate the local community. The FSC, in its response, shall provide examples of such efforts and methods on Proposal Form N. 3.7 The FSC is required to substitute food components of the meal pattern for students with disabilities in accordance with 7 C.F.R. 15b when the disability restricts their diet and is permitted to make substitutions for students without disabilities when they are unable to eat regular lunch because of a medical or special dietary need. Substitutions are made on a case-by-case basis and must be supported by a statement of the need for substitutes that includes recommended alternate foods, unless otherwise exempted by the Food and Nutrition Service, USDA. In the case of a student with disabilities, the statement must be signed by a medical doctor. For students without disabilities, the statement must be signed by a recognized medical authority. 3.8 The FSC shall be responsible for the quality and wholesomeness of meals up to and including delivery to the LEA. SECTION 4- FEDERALLY-DONATED COMMODITIES 4.1 Any USDA-donated commodities received for use by the LEA and made available to the FSC shall be utilized within the specified Term of this Contract in the LEA's food service operation for the preparation and service of meals and for other allowable uses in accordance with the Code of Federal Regulations, 7 C.F.R. Part The FSC shall accept and use USDA-donated commodities in as large a quantity as may be efficiently utilized in the nonprofit food service subject to approval of the LEA. 4.3 The FSC shall manage all USDA-donated commodities to ensure the commodities are utilized in the LEA's food service. 4.4 The FSC shall utilize all USDA-donated ground beef, ground pork, and processed end products received in the LEA's food service. Commercially-purchased foods shall not be substituted for these foods. 7

10 SECTION A -SPECIFICATIONS 4.5 The FSC shall utilize all other USDA-donated foods, or substitute commercially-purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA-donated foods as determined by the LEA, in the LEA's food service. 4.6 The FSC shall credit the LEA's monthly bill/invoice the current market value of all USDA-donated commodities received during each Contract Term as the commodities are used in the LEA's food service. The FSC must credit the LEA for all USDA-donated commodities received for use in the LEA's food service each Contract Term whether the USDA-donated commodities have been used or not. Such credit shall be issued in full prior to the expiration of each Contract Tenn. 4.7 Credit issued by the FSC to the LEA for USDA-donated commodities received during each Contract Term and used in the LEA's food service shall be recorded on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled. Attached to the invoice shall be a detailed list identifying each received USDA-donated food item used in the LEA's food service and each USDA-donated food item credit issued for unused commodities, along with the current market value as issued by the State of New Jersey. 4.8 The current market value of USDA-donated commodities is based on the prices issued by the State of New Jersey in compliance with 7 C.F.R (e). 4.9 The LEA shall ensure the method and timing of crediting does not cause its cash resources to exceed limits established in 7 C.F.R (b)(2) At the end of each Contract Term and upon expiration or termination of the Contract, reconciliation shall be conducted by the LEA to ensure and verify correct and proper credit has been received for the full value of all USDA-donated commodities received by the LEA during each Contract Term for use in the LEA's food service The LEA shall verify receipt of USDA-donated food shipments through its electronic records or by contacting the State of New Jersey or processor as applicable The LEA reserves the right to conduct commodity credit audits throughout each Contract Term to ensure compliance with federal regulations 7 C.F.R. Part 210 and Part The FSC may store and inventory USDA-donated foods together with commercial foods purchased for use in the LEA's food service. The FSC must meet all storage and inventory management requirements outlined in 7 C.F.R. Part 250. USDA-donated ground beef, ground pork, and processed end products shall be stored in a mam1er that ensures usage in the LEA's food service The FSC must accept liability for any negligence on its part that results in any loss, damage, out of condition, or improper use of USDA-donated commodities not yet credited to the LEA, and shall credit the LEA either monthly or through a fiscal year-end reconciliation The LEA and FSC shall consult and agree on end products to be produced from USDA-donated commodities during each Contract Term. If the LEA and FSC cannot agree on end products, the FSC shall utilize the USDA donated commodities in the form furnished by the USDA The LEA shall have processing contracts in place when a commercial facility processes or repackages USDA donated commodities. The FSC shall pay all related processing fees and costs. The LEA shall not be responsible for any costs associated with processing commodities. The New Jersey Recipient Agency Processing Contract, New Jersey State Master Processing Contract, or National Processing Contract must be used as the basis for the processing agreement as determined by the State of New Jersey. The terms and conditions of the processing contract must comply with 7 C.F.R. Part 250. In accordance with 7 C.F.R (a), the FSC must credit the LEA for the value of all donated foods received for use in the LEA's meal service in a school year or fiscal year (including both entitlement and 8

11 SECTION A -SPECIFICATIONS bonus foods). This includes crediting for the value of USDA-donated foods contained in processed end products (per below) The FSC shall not enter into subcontracts for further processing of USDA-donated commodities The FSC shall be responsible for all delivery, freight/handling, storage, and warehousing costs associated with USDA-donated commodities If the FSC acts as an intermediary between a processor m1d the LEA, the FSC shall credit the LEA for the value of USDA-donated commodities contained in the processed end products at the USDA-donated processing agreement value unless the processor is providing such credit directly to the LEA. Such credit shall be issued to the LEA on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled The FSC shall have records maintained and available to substantiate the receipt, use, storage, and inventory of USDA-donated commodities. The FSC must submit to the LEA monthly inventory reports showing all transactions for processed and non-processed USDA-donated commodities The LEA and U.S. Department of Agriculture, or their duly authorized representatives, may perform on-site reviews of the FSC's food service operation, including the review of records, to ensure compliance with the requirements of this Contract and federal regulations 7 C.F.R. Part 210 and Part The FSC shall return all unused USDA-donated ground beef products, ground pork products, and processed end products to the LEA upon termination, expiration, or non-renewal of the Contract At the discretion of the LEA, the FSC may be required to return other unused USDA-donated commodities to the LEA upon termination, expiration, or non-renewal of the Contract The LEA shall retain title to all USDA-donated commodities provided to the FSC for use in the LEA's food service The Proposal rate per meal must be calculated as if no USDA-donated commodities were available. SECTION 5- PURCHASES/BUY AMERICAN 5.1 The FSC shall retain title of all purchased food and nonfood items. 5.2 The FSC shall purchase, to the maximum extent practicable, domestic commodities or products which are either an agricultural commodity produced in the United States or a food product processed in the United States substantially using agricultural commodities produced in the United States (U.S.). 5.3 The FSC shall not substitute commercially-purchased foods for USDA-donated ground beef, ground pork, and processed end products received. 5.4 The FSC may substitute commercially-purchased foods for all other USDA-donated commodities received. All commercially-purchased food substitutes must be of the same generic identity as the USDA-donated commodities received, of U.S. origin, and of equal or better quality than the USDAdonated commodities as determined by the LEA. 5.5 The LEA shall ensure commercially-purchased foods used in place of USDA-donated commodities received are of the same generic identity as the USDA-donated commodities received, of U.S. origin, and of equal or better quality than the USDA-donated commodities as determined by the LEA. 5.6 The FSC shall certify the percentage of U.S. content in the products supplied to the LEA. 5.7 The LEA reserves the right to review FSC purchase records to ensure compliance with the Buy American Provision in 7 C.F.R. Part

12 SECTION A -SPECIFICATIONS 5.8 The FSC shall provide Nutrition Facts labels and any other documentation requested by the LEA to ensure compliance with U.S. content requirements. SECTION 6- EQUIPMENT 6.1 The FSC shall provide all equipment to hold and serve the meals. 6.2 The LEA shall make structural changes needed to comply with federal, state, and local laws, ordinances, rules, and regulations. 6.3 The FSC shall provide written notification to the LEA of any equipment belonging to the FSC within ten days of its placement on LEA premises. 6.4 The LEA must give prior approval and have final authority for the purchase of equipment used for storage, preparation, or delivery of school meals. 6.5 The FSC shall retain title to all FSC-owned property and equipment when placed in service. 6.6 The FSC shall provide, at no cost to the LEA, complete maintenance, repair, and replacement services for all FSC-owned property and equipment. 6.7 Upon expiration or termination of the Contract, it shall be the FSC's responsibility to remove all FSC-owned property and equipment within a timely manner and without damage to LEA facilities. 6.8 The LEA shall retain title to all LEA-owned property and equipment when placed in service. If the property and/or equipment are amortized through the FSC and the Contract expires or is terminated, the LEA can return the property to the FSC for full release of the unpaid balance or continue to make payments in accordance with amortization schedules. SECTION 7- INSPECTION OF FACILITY 7.1 The LEA and the U.S. Department of Agriculture reserve the right to inspect the FSC's preparation and storage facilities, and transporting vehicles prior to award of Contract and without notice at any time during each Contract Term, including the right to be present during preparation and delivery of meals. 7.2 The FSC must provide meals when requested for periodic inspection by the local or state health department or an independent agency to determine the bacterial levels in the meals served. SECTION 8- DELIVERY REQUIREMENTS AND NONCOMPLIANCE 8.1 Meals must be delivered in accordance with the approved menu cycle. 8.2 The FSC shall provide a delivery slip with the date and the number of meals delivered. The LEA authorized representative or his/her designee must sign the delivery slip and verify the condition of the meals received. 8.3 Meals must be delivered in closed-topped, sanitary vehicles. 8.4 Meals must be delivered in clean, sanitary transporting containers that maintah1 the proper temperatures of food and are food-grade containers approved by the local or state health departments. 8.5 When an emergency prevents the FSC from delivering meals, the FSC shall notify the LEAauthorized representative or his/her designee immediately by phone indicating the reasons for the need for substitution. 8.6 The LEA reserves the right to inspect and determine the quality of food delivered. The LEA may reject and not pay for any meals or components of meals that are unwholesome, judged as poor 10

13 SECTION A -SPECIFICATIONS quality, damaged, incomplete either due to inadequate portion sizes or missing number of meal components, or delivered in unsanitary conditions such as incorrect temperatures. 8.7 The LEA will obtain meals from other sources if meals are rejected or if an insufficient number of meals are delivered. The LEA will contact the FSC immediately regarding the reasons for rejected meals or if an inadequate number of meals is delivered. If the FSC cannot replace meals in time for meal service, then the LEA can obtain meals from another source and deduct the actual cost of such meals from the monthly bill of the FSC. The FSC is responsible for the cost of replacement meals. 8.8 The LEA will not pay for deliveries made later than the regularly scheduled lunch or breakfast periods as listed on Exhibit A, or as otherwise stated in this Contract. SECTION 9- PACKAGING REQUIREMENTS 9.1 Hot meal unit - Packaging suitable for maintaining components at temperatures in accordance with state and local health standards. Container and overlay should have an airtight closure, be of non-toxic material, and be capable of withstanding temperatures of 350 F (204 C) or higher. 9.2 Cold meal unit or unnecessary to heat - container and overlay to be plastic or paper and non-toxic. Hot bulk meals must be in stainless steel containers with lids with a depth of no more than four inches. 9.3 Cold meals must be in white or brown paper bags or in boxes with enough strength to hold meals without tearing or ripping. 9.4 Cartons - Each carton shall be labeled to meet state or local requirements. Label should include: Processor's name, address, and zip code (plant) Food items and meal type Date of production Quantity of individual units per carton 9.5 Meals shall be delivered with the following items: condiments, milk, straws for milk, napkins, single service ware, and serving utensils. Vendor shall insert non-food items that are necessary for the meal to be eaten. 9.6 All refrigerated food shall be delivered at an internal temperature of 40 F or below. 9.7 All frozen food shall be delivered at 0 F or below. Frozen products should show no evidence of thawing and re freezing, freezer burn, or any off color or odors. 9.8 All hot food shall be delivered with an internal temperature of 135 F or above. SECTION 10- MEAL PRICING 10.1 All Proposals must be based on the menu(s) provided in Proposal Form A1. Milk will be supplied by the FSC The price per meal must include the meal including milk, condiments applicable to the menu, serving utensils, packaging and containers needed to transport food in sanitary manner, and transportation to and from the LEA All Proposals must be submitted using the Proposal Summary form attached herein. All rates must be written in ink or typed in the blank space provided and the estimated totals must be carried out to the second decimal place and must not be rounded The Proposal price(s) must be calculated net of applicable discounts, rebates, and credits received by the FSC and must not include the use of commodities, alternate pricing structures such as guaranteed 11

14 SECTION A -SPECIFICATIONS commodity credits, or Offer versus Serve credits unless otherwise stated herein The FSC shall receive the fixed meal rate specified on the Proposal form for each meal type times the number of meals delivered and accepted by the LEA The FSC cannot provide guaranteed commodity credits. If the FSC receives USDA commodities, the FSC must credit the current market value of USDA-donated commodities used on the monthly bill/invoice to the LEA. Credit issued by the FSC to the LEA upon the use of USDA-donated commodities received shall be recorded on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled. Attached to the invoice shall be a detailed list identifying each received USDA-donated food item used in the LEA's food service along with the current market value as issued by the State of New Jersey. Prior to the expiration of each Contract Term, the LEA shall be credited in full for all commodities received The LEA shall ensure the method and timing of crediting does not cause its cash resources to exceed the limits established in 7 C.F.R (b)(2) The FSC must submit invoices for payment for meals delivered within ten days of the last day of each month or the final day of service for the school year The LEA is not obligated to purchase any minimum number or dollar amount of meals under this Contract. SECTION 11 - REVENUE 11.1 All goods, services, or monies received as the result of any equipment or government-donated commodity rebate shall be credited to the LEA's nonprofit food service account If reimbursement is denied as a direct result of the failure of the FSC to comply with the provisions of this Contract, the FSC shall assume responsibility for the amount denied. SECTION 12- LICENSES, CERTIFICATIONS, TAXES AND FSC QUALIFICATIONS 12.1 Throughout the Term of the Contract and each renewal Term, the FSC shall obtain and maintain all licenses, permits, and health certifications required by federal, state, and local laws The FSC shall obtain state or local health certification for any facility where components are prepared or packaged and the FSC shall maintain this health certification for each Contract Term FSC Qualifications: The purpose of this RFP is to select a FSC to produce, handle and deliver packaged/vended meals which meet all NSLP regulations. At a minimum, the following requirements must be satisfied for a company to be considered The FSC must be registered to do business in the State of New Jersey and submit their Business Registration Certificate with their Proposal The FSC must be able to utilize government commodities and credit the LEA The FSC must successfully be providing packaged/vended meal which meet NSLP regulations for LEA's for at least three years. The FSC must be providing these services to at least one (1) NSLP LEAs. Be sure to provide the name of LEA, address, enrollment, contact, phone number of contact, and start date of services as detailed on Proposal Form B1. SECTION 13- RECORD KEEPING 13.1 The FSC shall have records maintained and available to demonstrate compliance with the requirements relating to USDA-donated commodities. Such records shall include the following: 12

15 SECTION A -SPECIFICATIONS The receipt, use, storage, and inventory of USDA-donated commodities; Monthly inventory reports showing all transactions for processed and non-processed USDA-donated commodities; and Documentation of credits issued to the LEA for USDA-donated commodities received The FSC shall retain all records relating to food service production and delivery for each Contract Term including, but not limited to, the following: All data, materials, and products created by the FSC on behalf of the LEA and in furtherance of the Services Production records, including quantities and amounts of food used in preparation of each meal and food component of menus Standardized recipes and yield from recipes as deemed necessary per the requirements of paragraph 13.6 Processed product nutritional analysis Dates of preparation of meals Number of meals and locations where meals were delivered Signed delivery slips Nutritional content of individual food items and meals as delivered Bills charged to LEA for meals delivered under this Contract including the credit of USDA commodities where applicable Inventory records Food and Proposal specifications All documents and records as noted in this Request For Proposal and Contract 13.3 All records relating to the Contract are the sole property of the LEA. At any time during the Contract Term, the LEA reserves the right to require the FSC to surrender all records relating to the Contract to the LEA within 30 days of such request Upon expiration or termination of the Contract, the FSC shall surrender all records as noted above, relating to the initial Contract and all subsequent renewal Terms, if applicable, to the LEA within 30 days of the Contract expiration or termination The LEA shall retain all records relating to the initial Contract and all subsequent renewal Terms for a period of three years either from the date the final Contract renewal Term has expired, receipt of final payment under the Contract is recorded, or after the LEA submits the final Claim for Reimbursement for the final fiscal year of the Contract, whichever occurs last All records must be available for the period of time specified above for the purpose of making audits, examinations, excerpts, and transcriptions by representatives of the LEA, the State of New Jersey, the United States Department of Agriculture, and the Auditor General, and other governmental entities with monitoring authority at any reasonable time and place. If audit findings have not been resolved, the records shall be retained beyond the specified period as long as required for the resolution of the issues raised by the audit. SECTION 14- FOOD SPECIFICATIONS All of the vended meals must be prepared following the Food-Based Menu Planning approach under USDA regulations. Under this contract, Vendor will provide: 13

16 SECTION A -SPECIFICATIONS subsequent School Meal Regulations in effect. subsequent School Meal Regulations in effect All vended meals will conform to the applicable meal pattern requirements set forth by USDA current and in effect regulations. The LEA has made the commitment to its families to provide school meals that adhere to the highest ingredient standards, as we believe child nutrition is an important component of student achievement. Meals must meet the following criteria of healthy foods as defined for the purpose of this RFP: A) Provide fresh, nutritious, tasty, and visually appealing meals. B) No frozen foods. C) Provide fresh vegetable with every lunch and supper meal. D) Provide fresh fruit with every breakfast, lunch, and supper meal. No canned/frozen fruits. E) No hydrogenated oils. F) No tropical oils (coconut palm oils). G) No artificial trans-fats. H) No more that 30% of calories from total fat, and no more than 10% of calories from saturated fats. I) No deep fried foods. J) No overly processed foods. K) No high fructose corn syrup. L) No artificial preservatives, colors, flavors, or sweeteners. M) Foods with little or no added sugar. N) Meats shall be free of nitrates and nitrites. O) No animal by-products. P) Provide low-fat or nonfat milk with each breakfast, lunch, and supper meal. Milk shall be rbst-free. Q) No BHA & BHT. R) No L-Cystine. S) Whole grains must be offered. T) Provide a daily vegetarian option. U) Use organic and locally produced ingredients whenever possible. In addition to the above: 14.2 Breads, bread alternates, and grains must whole-grain rich. All breads and grains must be fresh and must meet the minimum weight per serving as listed on Exhibit B. If applicable, product should be in moisture-proof wrapping and pack-code date provided All meat and poultry must have been inspected by the United States Department of Agriculture (USDA) and must be free from off color or odor Beef must be at least 70:30 lean to fat, preferably 80:20 lean to fat Poultry should be U.S. Grade A when applicable and should meet the recommendations outlined in Specifications for Poultry Products, A Guide for Food Service Operators from the USDA For breaded and battered items, all flours must be enriched for breads/grains credit and breading/batter must not exceed 30 percent of the weight of the finished product For sausage patties, the maximum fat allowed is 50 percent by weight; industry standard of 38 to 42 percent fat preferred All cured processed meats (bologna, frankfurters, luncheon meat, salami, others) shall be made from 14

17 SECTION A -SPECIFICATIONS beef and/or poultry. No variety meats, fillers, extenders, non-fat milk solids, or cereal will be allowed. Meats must not show evidence of greening, streaking, or other discoloration All cheese should be firm, compact, and free from gas holes; free of mold; free of undesirable flavor and odors; pasteurized when applicable; and reduced or low-fat. All cheese should also have a bright, uniform, and attractive appearance; have a pleasing flavor; demonstrate satisfactory meltability; and contain proper moisture and salt content All fish must have been inspected by the United States Department of Commerce (USDC) and meet minimum flesh and batter/breading requirements for a USDC Grade A product or a product packed under federal inspection (PUFI) by the USDC All fresh fruits must be ripe and in good condition when delivered and must be ready for consumption per the USDA Food Buying Guide. At a minimum, fruit must meet the food distributors' secondquality level. Fruits should have characteristic color and good flavor and be well-shaped and free from scars and bruises. Size must produce a yield equal to or greater than the attached 21-day cycle menu requirements All fresh vegetables must be ripe and in good condition when delivered and must be ready for consumption per the USDA Food Buying Guide. At a minimum, vegetables must meet the food distributors' second-quality level. Vegetables should have characteristic color and good flavor and be well-shaped and free from discoloration, blemishes, and decay. Size must produce a yield equal to or greater than the attached 21-day cycle menu requirements Eggs must be inspected and passed by the state or federal Department of Agriculture and used within 30 days of date on carton. Eggs should be grade A, uniform in size, clean, sound-shelled, and free of foreign odors or flavors Sauces, such as gravy, spaghetti sauce, pizza sauce, etc., must be smooth and uniform in color with no foreign substance, flavor, odor, or off color If applicable, the food production facility, manufacturing plant, and products must meet all sanitary and other requirements of the Food, Drug, and Cosmetic Act and other regulations that support the wholesomeness of products Meals and food items must be stored and prepared under properly controlled temperatures and in accordance with all applicable health and sanitation regulations All fruit juices must be 100 percent fruit juice When the specification calls for "Brand Name or Equivalent", the brand name product is acceptable. Other products may be considered with proof that such products meet stated specifications and are deemed equivalent to the brand products in terms of quality, performance, and desired characteristics, as determined by the LEA All food items must adhere to the sodium target levels in subsequent Contract Terms, if applicable, as required by the USDA Nutrition Standard' in the National School Lunch and School Breakfast Programs, Implementation Timeline for Final Rule and/or other subsequent guidance issued by the USDA Nutrition labels or manufacturer specifications must indicate zero grams of trans-fat per serving for all foods Fluid milk must be low-fat (1 percent milk fat or less, unflavored only) or fat-free (unflavored or flavored). Two choices must be offered daily as required by the LEA. The LEA seeks contracts that create unique menus that meet the criterion as outlined in the RFP. This includes, but is not limited to, meeting or exceeding USDA standards and the Healthy Hunger Free Kids Act. The vendor must also provide the purchase of fresh milk with the vended meals. 15

18 SECTION A -SPECIFICATIONS Amount of Meals: Approximate 1,250 breakfast, 1,250 lunch, per week. (Based on a 5 day schedule) The Vendor shall submit sample 21-day menu cycles for all meal programs listed in this RFP on Proposal Form A1. SECTION 15- BONDING, INSURANCE AND MISCELLANEOUS REQUIREMENTS 15.1 Bonding Requirements: The following are the bonding requirements the FSC must submit with their Proposals and contract: Performance Bond: Within ten (10) business days after notice of contract award a Performance Bond in statutory form in an amount equal to one hundred percent (50%) of the total contract price as security for faithful performance of this contract. No contract shall be executed unless and until the required performance bond is submitted to the Business Office, and the Surety must be presently authorized to do business in the State of New Jersey. The cost of all performance bonds required under this contract shall be borne by the contractor. The performance bond must be legally effective as of the date the contract is signed. The bond must indicate the contractor s name exactly as it appears on the contract. Certificate from Surety Company: A certificate from a surety company stating that the surety company will provide the FSC with a performance bond in an amount equal to the amount of the contract (N.J.S.A. 18A:18A-25). Such surety company must be licensed and qualified to do business in the State of New Jersey. The certificate (Consent) of Surety, together with the power of attorney must be submitted with the RFP. Failure to submit the certificate (Consent) of Surety shall be cause for disqualification and rejection of RFP Insurance Requirements and Indemnification Language: Insurance is to be placed with insurers with a current Bests' rating of A+: VIII, or with an insurer acceptable to the LEA. The FSC will furnish the LEA with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf and will name the LEA as an "additional insured". The certificates are to be received and approved by the LEA before work commences. The LEA reserves the right to require complete, certified copies of all required insurance policies at any time. The purpose of insurance will protect the LEA from claims arising out of or resulting from the FSC's operations under the Contract and for which the FSC may be legally liable, whether such operations be by the FSC or by a sub-fsc or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Selfinsured FSCs will submit an affidavit attesting to their self-insured coverage and will name the LEA as an additional insured FSCs Liability Insurance: FSC shall keep in full force and affect during the term this contract a Commercial General Liability insurance written on an occurrence-based form in a minimum amount of $2,000,000 per occurrence and $5,000,000 general aggregate as well as $100,000 for property damage liability. Coverage will be maintained without interruption from date of commencement of work until date of final payment Worker's Compensation: The FSC will secure and maintain for the life of this agreement, valid Worker's Compensation Insurance as required by law, currently $100,000. The FSC shall also be required to have excess liability insurance which shall have a drop down provision to cover over $1,000,000 of Employers' Liability of the Workers Compensation coverage Automobile Liability: The FSC will secure and maintain during the life of this agreement, automobile liability insurance on all vehicles against bodily injury and property damage in the amount of at least $100,000 per person, $300,000 per occurrence. With excess liability insurance of$1,000,000 per occurrence Indemnification Language: The following language will be incorporated into the contract: The FSC agrees to indemnify, save and hold harmless the LEA, its departments, agencies, board, officers, officials, agents, servants, administrators and employees, from and against any and all liability arising out of the use of said premises or property, resulting from negligent acts 16

19 SECTION A -SPECIFICATIONS or omissions, whether intentional or unintentional or willful misconduct on the part of the FSC, the FSC's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract whether such liability is direct or vicarious. FSC further agrees to indemnify any and all indemnities' for their own negligence, regardless of whether such negligence is responsible wholly or in part for the damages suffered or in the case of lawful termination of the contract by the LEA. This provision shall be construed as broadly in favor of indemnification as permitted by New Jersey law Affirmative Action Certification: No FSC may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes in full, required regulatory text, which is included as Proposal Form H of this Proposal specification. Goods and Services (including professional services) Contracts: The successful FSC will submit to the LEA, after notification of award, but prior to execution of a goods and services contract, one of the following three documents: A photocopy of a valid letter that the FSC is operating under an existing federally approved or sanctioned affirmative action program (good for 1 year from the date of the letter); A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or A photocopy of an Employee Information Report (Form AA 302) provided by the Division and distributed to the public agency to be completed by the FSC in accordance with N.J.A.C. 12: Americans with Disabilities Act of 1990: Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. FSCs are required to read the Americans With Disabilities language that is included as Proposal Form J of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The FSC is obligated to comply with the Act and to hold the LEA harmless Stockholder Disclosure: N.J.S.A : provides that no corporation or partnership will be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the Proposal or accompanying the Proposal of said corporation or partnership. FSCs will submit a statement setting forth the names and addresses of all partners in the partnership who own a ten percent or greater interest therein. The included Statement of Ownership will be completed and attached to the FSC's Proposal. This requirement applies to all forms of corporations and partnerships, including but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document will result in rejection of the Proposal Proof of Business Registration, Sales and Use Tax: N.J.S.A. 52:32-44 requires that each FSC submit proof of business registration with the Proposal. Proof of registration will be a copy of the FSC's Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue, to obtain a BRC via the internet go to or by phone (609) N.J.S.A. 52:32-44 imposes the following requirements on FSCs and all subcontractors that knowingly provide goods The FSC will provide written notice to its subcontractors and suppliers to submit proof of business registration to the FSC. Prior to receipt of final payment from a contracting agency, a FSC must submit to the contracting agency an accurate list of all subcontractors or attest that none were used. During the term of this contract, FSC and its affiliates will collect and remit, and will notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B- 1 et seq.) on all sales of tangible personal property delivered into this State. A FSC, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information will be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609)

20 SECTION A -SPECIFICATIONS 15.8 Non-Collusion Affidavit: The Affidavit will be properly executed and submitted with the FSC's Proposal Political Contributions Disclosure Form ("Pay to Play"): In accordance with Chapter 271, New Jersey Laws of 2005, and all vendors must submit with their Proposal a list of political contributions, which are reportable and, made by the FSC during the preceding 1 2 month period. See Proposal Form L with Instructions in Section III Disclosure of Investment Activities in Iran: Pursuant to Public Law 2012, c.25, any person or entity that submits a Proposal or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity, or one of the person or entity s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging investment activities in Iran. See Proposal Form M. 18

21 SECTION B- EXHIBITS EXHIBIT A LEA SCHOOLS RECEIVING VENDED MEALS AND DELIVERY TIMES School Name & Address School Type Vended Meals Provided ECO Charter School K-8 BREAKFAST 817 Carpenter Street Camden, New Jersey And 808 Market St. Camden, NJ Delivery Time Before 8:00 AM and no earlier than 7:00 AM LUNCH Delivery Time Before 11:00 AM and no earlier than 10:00 AM 19

22 SECTION B- EXHIBITS EXHIBIT B 20