THE SCHOOL DISTRICT OF LANCASTER

THE SCHOOL DISTRICT OF LANCASTER Request for Proposal (RFP) # 3714 National School Lunch Pre-packaged Fresh Fruit and Vegetables and Fresh Fruit and Vegetable Grant Programs for the School District of Lancaster (SDOL) Satellite Schools The purpose of this RFP is to select one vendor only to provide both services as described in #1 & #2 below. Preference will be given to local produce grown within a 50 mile radius of the School District of Lancaster. 1. SDOL NATIONAL SCHOOL LUNCH PRE-PACKAGED FRUIT AND VEGETABLE PROGRAM (5 YEAR PERIOD FROM AUGUST 20, 2017 THROUGH JUNE 30, 2022): The School District of Lancaster (SDOL) will receive sealed proposals for a vendor that can deliver on a weekly basis approximately 7,000 pre-plated ½ cup fresh fruit servings* rotating between a preset weekly cycle menu consisting of 8 different fresh cut fruits. The vendor will also supply 6,000 pre plated USDA approved ½-cup servings of fresh cut broccoli and 5,000 pre-plated USDA approved (1 cup=½ cup) fresh salad servings with a ¼ cup vegetable topping). Each week the ¼-cup vegetable topping for the salad should be one of the vegetables used for the FFVP mentioned below. 2. FRESH FRUIT AND VEGETABLE (FFVP) GRANT PORTION OF RFP: If grant funding is awarded any time during the 5 year period, the vendor who is awarded the services above agrees to supply weekly pre-packaged fruit and vegetable samplings** and fact sheets that fulfill the USDA requirements for the Fresh Fruit and Vegetable Program (FFVP) grant awarded to SDOL S Elementary Schools. The deliveries would be made to all of the awarded schools which could be anywhere from 1-13 schools. Vendor would need to supply approximately 36 different fruit and 36 different vegetables each school year. Vendors are invited to submit proposals on the forms requested based on the specifications supplied by SDOL. * Serving refers to the SDOL National School Lunch Pre-Packaged Fruit and Vegetable Program. ** Sampling refers to the Fresh Fruit and Vegetable (FFVP) Grant Program. Page 1 of 15

SPECIFICATIONS: 1. The FFVP samplings will be delivered in packaging sufficient to serve each classroom separately. 2. Fruit and Vegetable servings for Satellite Schools will be delivered in appropriate sealed containers that meet the USDA/NSPL requirements. a. Fruit servings will meet ½ cup serving size. b. Salads will meet ½ cup serving size (1cup=½ cup) and ¼ cups serving size for the alternate vegetable topping. c. Broccoli will meet the minimum ounces required by the USDA to meet a ½-cup serving. 3. All refrigerated food shall be delivered at an internal temperature of 41 degrees F or below, but no lower than 32 degrees F. All delivered fruit and vegetables must be of excellent quality and ready for consumption. 4. Cartons / Cases - Each carton /case will be labeled to meet state or local requirements. Label to include: Processor's Name, address and zip code (plant) Item identity, fruit or vegetable type Date of production Quantity of individual units per carton USDA Inspection Numbers USDA CN label where applicable The master shipper shall be a top opening regular slotted container of minimum 200# test strength. 5. Vendor agrees to three (3) to five (5) deliveries per week subject to the terms and conditions of this RFP before 2:00 p.m. to J.P. McCaskey (445 N. Reservoir Street). 6. For the FFVP, vendor will supply appropriate quantities of fruit and vegetable samplings for each SDOL School approved for the Fresh Fruit and Vegetable Program. Vendor will follow the requirements mandated by the USDA for execution of the program and will use as much of the awarded grant money as possible, for each school, without going over the awarded amount. 7. SDOL will order fruit and vegetable servings on a weekly basis and will include totals for each site and each type of fruit or vegetable to be delivered. As an estimate, each fruit and salad (quantity 5,000-7,000 each) would be ordered approximately 36 times per the time period above, or approximately one time every week. Page 2 of 15

8. Pricing On the Pricing Sheet (attached to the email with this invitation to participate in this RFP), please provide pricing as requested. Your pricing must include packaging, freight, delivery, and all other related costs. SDOL has the right to negotiate years 2, 3, 4 and 5 with the awarded vendor. 9. SDOL reserves the right to increase or decrease the number of fruit and salad servings ordered on a forty-eight hour notice or less if mutually agreed upon between the parties to this contract. There would be no penalty to SDOL if the quantity of servings goes under 7,000 and, reversely, if we need more than 7,000 servings, these would be made available by the vendor to SDOL at the unit price quoted on this RFP. 10. A school calendar is attached as Exhibit 1. This calendar is subject to revisions. Future calendars will be provided upon request from the SDOL Food Service Department. 11. All servings and samplings furnished must meet or exceed U.S. Department of Agriculture (USDA) requirements for the Child Nutrition Fresh Fruit and Vegetable Program and the required amount of fruit and vegetable for a lunch serving beginning with the school year 2017-2018. Upon thirty days notice during the service of this contract, Vendor must provide documentation of such compliance, on an item-by-item and weekly summary basis, indicating portion size by weight and nutrient contribution as prescribed in accordance with USDA requirements, for each food component provided. NONCOMPLIANCE: SDOL reserves the right to inspect and determine the quality of food delivered and reject any samples or servings that do not comply with the requirements and specifications of the contract. The vendor shall not be paid for incomplete samples or servings. SDOL or agency inspecting shall notify the vendor in writing as to the number of servings or samplings rejected and the reasons for rejection. MAJOR INGREDIENTS: All fresh fruits and vegetables must be ready for consumption per USDA Food Buying Guide. FOOD PREPARATION: Servings and samplings must be prepared under properly controlled temperatures and assembled prior to delivery and in accordance with all applicable health department requirements. Bidder's production facilities must be owned and operated by the bidder, and must be under continuous inspection by the U. S. Department of Agriculture Food Safety and Page 3 of 15

Quality Service. There will be no exceptions of the requirements for ownership and inspection. DELIVERY RECEIPT & INVOICES: Each delivery ticket will provide the following information: School name, address and unit number Delivery date Item name, case pack count Item code # of cases # of individual pieces Invoices must be separate for each program. Each invoice will include the following information: Account name and address Invoice Number and Date Delivery Date & Anticipated Served Date Menu Type Item # Description Unit of Measure, Quantity and Unit Price Extension of Quantity and Unit Price Total Price of all items on invoice Purchase Order Number A copy of a signed delivery ticket for each school lunchroom serviced must be submitted with the monthly statement to the Department of Food Services. Invoices (in their original form) must be issued to: Jim Lewis School District of Lancaster J.P. McCaskey High School Food Service 445 N. Reservoir Street Lancaster, PA 17602 Invoices and required supporting documentation must be received by no later than the 2nd working day of each month for payment to be made in that same month after Board approval. (If the District is closed on the 2 nd working day of the month, invoices must be received on the following business day). (Any invoices received after the 2 nd working day of the month will be held and paid in the following month see Invoicing Examples below). Every effort will be made to mail payment within three (3) business days following the School District s Board Meeting, generally held on the third Tuesday of the month (twelve payments per year). Every effort will be made to ensure timely payments. Invoices must be in original form, include any required documentation, and Page 4 of 15

be free from errors. The School District does not make prepayments for services or supplies. Invoicing Examples: Invoice received on March 1 will be paid March 20-22 (within 3 days after the March 17 Board meeting) Invoice received on March 15 will be paid April 17-19 (within 3 days after the April 16 Board meeting) LICENSES, FEES, TAXES: The vendor shall obtain and maintain all licenses, permits and health certifications required by federal, state and local laws. INSURANCE REQUIREMENTS: Contractor (and each subcontractor) shall obtain and maintain insurance as follows, unless waived in writing by the School District: Automobile Liability Automobile Liability Insurance covering all owned, hired and nonowned vehicles in the amount of $1,000,000 per occurrence with not more than $1,000 per occurrence deductible or self-insurance retention. Workers Compensation Worker s Compensation Insurance, disability benefit and other social insurance as may be required by law. Comprehensive General Liability Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence with not more than $1,000 per occurrence deductible or self-insurance retention. Excess (Umbrella) Liability Excess Liability coverage $1,000,000, unless waived by School District. Builder s Risk (if the work involves construction, renovation or related work on the School District s site, or if otherwise required by School District) All risks Builder s Risk insurance, covering until completion, physical loss or damage to the Work and any materials, equipment, temporary structures, or supplies at the work site, on a 100% replacement value basis. Except for Worker s Compensation Insurance, School District shall be named as certificate holder and an additional insured under such insurance coverage. Contractor shall submit insurance certificates ( Certificates ) to School District evidencing required insurance coverage at the time of submission of this Agreement and at any other time(s) upon School District s reasonable request(s). Certificates evidencing the required insurance shall stipulate that School District shall receive thirty Page 5 of 15

(30) days prior written notice of any change or cancellation in coverage. If Contractor or any subcontractor fails to carry any insurance required by this Section, Contractor shall protect, indemnify and hold harmless School District in the same manner as if Contractor and/or such subcontractor had in full force and effect coverage in accordance with this Section. Contractor shall comply with, and shall cause all subcontractors to comply with, all conditions of each insurance contract and all requirements of this Section. LEGAL CONDITIONS: 1. Termination: The SDOL may terminate or cancel any awarded contract(s) at any time, with or without cause, by providing seven (7) business days advance written notice to the awarded vendor(s). If the awarded contract(s) is terminated in accordance with this paragraph, the awarded vendor(s) shall only be entitled to payment for goods or services delivered prior to the termination and not otherwise returned in accordance with the return policy of the awarded vendor(s). If the awarded vendor(s) was paid for goods not yet provided as of the date of termination, the awarded vendor(s) shall immediately refund such payment(s). If the SDOL terminates any awarded contract(s) in accordance with this paragraph, the SDOL shall retain all rights and remedies allowed by law. 2. Buy American: The Warren F. Goodling Child Nutrition Reauthorization Act of 1998, as may be amended, requires sponsors of the National School Lunch Program to buy domestic commodities or products for use in meals to the maximum extent possible. Specification of product origin, based on the Nutrition Labeling and Education Act of 1990, as may be amended, mandates that the country of origin for both domestic and imported food products be identified on the product label. Products bid MUST comply with the foregoing regulations and all applicable federal, state and local laws and regulations. 3. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management ( SAM ), in accordance with the Office of Management and Budget, more commonly known as OMB, guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), Debarment and Suspension. SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Bidder certifies that bidder is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or Page 6 of 15

regulatory authority other than Executive Order 12549. Awarded vendor(s) further agrees to immediately notify the IU13 with pending purchases or seeking to purchase from awarded vendor if awarded vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352). Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the nonfederal award. As applicable, all bidders and awarded vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). 5. Right to Inventions Made Under a Contract or Agreement: If IU13 s federal award meets the definition of funding agreement under 37 CFR 401.2(a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that funding agreement, the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. The awarded vendor agrees to comply with the above requirements when applicable. 6. Equal Employment Opportunity: The School District of Lancaster is an Equal Opportunity Employer (SDOL). The SDOL Board of Directors has made it a matter of policy that it will not transact business with firms that are not in compliance with all Federal and State Statutes and Executive Orders pertaining to non-discrimination. Except as otherwise provided under 41 CFR Part 60, all SDOL purchases or contracts that meet the definition of federally assisted construction contract in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Page 7 of 15

Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. The awarded vendor agrees that such provision applies to any SDOL purchase or contract that meets the definition of federally assisted construction contract in 41 CFR Part 60-1.3 and the awarded vendor(s) agrees that it shall comply with such provision. 7. Small and Minority Businesses, Women s Business Enterprises, and Labor Surplus Area Firms: The awarded vendor(s) shall comply with the requirements of 2 C.F.R. 200.321, addressing contracting with small and minority businesses, women s business enterprises, and labor surplus area firms. To that end, the awarded vendor shall (i) place qualified small and minority businesses and women s business enterprises on solicitation lists; (ii) assure that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; (iii) divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women s business enterprises; (iv) establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women s business enterprises; (v) use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (vi) require that, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this Section 28. 8. The Board of School Directors reserves the right to waive informalities and to accept any bid or to reject any part of all bids. 9. The Board of School Directors reserves the right to increase or decrease the quantities, to omit any item or items, or to select single items for any bid. 10. No proposal may be withdrawn for a period of sixty (60) days following the due date opening. Interested companies are expected to examine carefully the specifications. Failure to do so shall be at the bidder's risk. 11. BID BOND - Proposer shall submit with the proposal a bid guarantee in the amount of ten percent (10%) of the full contract amount, which shall be in the form of a firm commitment such as a bid bond, postal money order, certified check, cashier's check or irrevocable letter of credit. Guarantees, other than bid bonds will be returned (a) to unsuccessful proposers as soon as practicable after the opening of proposals and (b) to the successful company upon execution of Page 8 of 15

such further contractual documents and bonds as may be required by the bid as accepted. 12. PERFORMANCE BOND - Upon contract award, the successful vendor shall provide the School District with a Performance Bond in the amount of ten percent (10%) of the full contract amount. Vendor shall acquire the bond at their own expense and in the contractor's name. The bond must be secured from a company listed in the Department of the Treasury Circular 570 of companies holding certificates of authority as acceptable sureties on Federal Bonds and as acceptable Reinsuring Companies. In lieu of a performance bond, the successful vendor may submit a cashier's check or certified check equal to the requirements of the performance bond. 13. No rights shall accrue to any person submitting a bid or proposal until such bid has been accepted and contract awarded and such contract finally and completely executed in writing. 14. The successful bidder shall not assign the performance of the contract nor any portion thereof, to others without the express consent, in writing, from the School District of Lancaster. 15. All applicable laws shall be deemed to be part of these specifications and the contract shall be read and enforced as though they were included. 16. If any bid is accepted, the contract shall consist of the invitation to bid, the conditions and instructions, the schedule of items applicable to this bid, the general bid requirements, the completed bid form and certification of bidder along with any revisions, clarifications, error correction notices, and explanatory notes issued prior to bid opening, and the applicable purchase order(s). In the case of differing or contradictory contract language, the language providing the greatest benefit to the School District shall take precedence. Exclusive jurisdiction and venue for any dispute relating to any matters pertaining to any bid (or to any contract resulting from any bid) shall be in the Court of Common Pleas of Lancaster County Pennsylvania; and any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts-of-law rules. 17. The following provisions relate to federal cost reimbursable contracts for food services purchases, including contracts with cost reimbursable provisions, and for this RFP: a. Allowable costs will be paid from the SDOL food service account to the vendor net of all discounts, rebates and other applicable credits accruing to or received by the vendor or any assignee under the contract, to the Page 9 of 15

BID CONDITIONS: extent those credits are allocable to the allowable portion of the costs billed to the school food authority; b. (i) The vendor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or c. (ii) The vendor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; d. The vendor s determination of its allowable costs must be made in compliance with the applicable departmental and program regulations and Office of Management and Budget cost circulars; e. The vendor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the state agency, the school food authority may permit the vendor to report this information on a less frequent basis than monthly, but no less frequently than annually; f. The vendor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and g. The vendor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the state agency, or the department. h. If applicable, procedures for selecting and contracting with contractors of pre-plated meals shall comply with guidance provided by the Pennsylvania Department of Education, Division of Food and Nutrition, including standard forms, procedures and timelines for solicitation, selection and approval of proposals and contracts. (7 CFR Sec. 210.16, 210.19, 210.21, 220.16) Page 10 of 15

1. The successful bidder agrees to furnish and deliver the specified products at such times, at such places, and in quantities as herein specified, and that all products shall be subject to the inspection and approval of the person(s) appointed by the School District who will have full power and authority to reject any or all products which are not in strict compliance and conformity with the specifications, or equal in every respect to the sample submitted. a. In the event that any of the said products shall be rejected as unsuitable, or not in conformity with specifications, the bidder shall promptly remove such rejected items, at the School District s request and at the bidder s expense, and the bidder shall promptly furnish such products of proper quality as set forth in these specifications in place thereof at the expense of the bidder. 2. The successful bidder agrees that in the event that the School District has accepted and paid for a shipment of a specified item(s), but shall discover upon opening at a later date that the item(s) does not conform to specifications and/or other quality standards of the sample(s) herewith, the bidder shall promptly remove such rejected items, at the School District s request and at the bidder s expense, and the bidder agrees to replace promptly any or all of the quantity rejected with products that meet specifications and/or conform to standards of the sample(s) without extra charge to the School District. 3. Should the bidder default in the performance of the foregoing paragraph, or not satisfy the delivery requirements stated above, the School District may procure such property or services from other sources in any manner permitted by law and shall have the absolute right to deduct from any monies due to the bidder, or that may thereafter come due to the bidder, the difference between the contract price and the actual cost of the property or services to be replaced or substituted. The price paid by the School District in such event shall be the prevailing market price at the time the substitute purchase is made, or in the event that it is necessary to seek bids for such property or service, the amount of the successful bid. 4. Each bidder shall provide, upon the School District s request, documentation that it has the experience, qualifications and financial ability to perform any contract awarded to the bidder. 5. Delivery shall be made at the destination called for within the time indicated on the bid, unless otherwise specified, or agreed to by both the buyer and seller. 6. Under normal conditions, SDOL has the right to increase/decrease an order up until one week prior to the delivery. In situations out of SDOL s control (i.e. snow day, etc.) if the district is closed on a Tuesday, vendor and SDOL will mutually determine the next feasible delivery date. Page 11 of 15

VENDOR SELECTION: The contract will be awarded to that responsive and responsible company whose proposal will be most advantageous to SDOL, price and other factors considered. Consideration may be given to such matters as record of past performance and financial and technical resources, with the preponderance of weight on price. SDOL reserves the right to reject any or all proposals when there are sound, documented business reasons that are in the best interest of SDOL and to waive informalities and minor irregularities in proposals received. SDOL reserves the right to reject the proposal of a company who has previously failed to perform properly or to complete contracts of a similar nature on time or who is not in a position to perform the contract. We will make vendor selections based on the following criteria: Price Variety Nutritional Values RFP TIME SCHEDULE Issue Bid 4/3/17 RFP Due 4/21/17 by Noon Board Date 5/16/17 Award 5/17/17 RESPONSE REQUIREMENTS: 1. Fill in and submit the attached Response Form that should be signed by the duly authorized officer of your company. 2. For FFVP, please submit with your proposal, a list of the 36 different fruits and the 36 different vegetables that will be supplied during a school year. 3. Fill in and submit the entire Pricing Sheet 4. A Non-Collusion Affidavit must be filled out, signed, and notarized by all Bidders. (This can be found on the district website www.lancaster.k12.pa.us under Our District, Financial Information, Bids & Proposals). 5. Submit a Bid Bond 6. Mail (U.S. Mail) the above so they are received by NOON on Friday, April 21, 2017, to: Ilene Schenkel Purchasing Manager School District of Lancaster Page 12 of 15

251 South Prince St., 3 rd Floor Lancaster, PA 17603 Proposals received after the time specified will be rejected, and returned to the proposer unopened. Any explanation desired by a proposer regarding the meaning or interpretation of this specification, etc., must be requested in writing three days prior to the due date and with sufficient time allowed for a reply to reach all companies before proposal opening time. Oral explanations or instructions given before the award of the contract shall not be binding. Any information given to a prospective company shall be furnished to all prospective companies as an amendment to the solicitation, if such information is necessary to submit a proposal, or if the lack of such information would be prejudicial to uninformed companies. Amendments sent to all prospective companies will be sent by email. Amendments sent to the prospective companies must be signed and attached to the proposal as acknowledgment of receipt, and acceptance of the amendments to the proposal. If you have any questions regarding this RFP, please email Ilene Schenkel at ileneschenkel@lancaster.k12.pa.us. Page 13 of 15

RFP RESPONSE FORM Request for Proposal (RFP) # 3714 - National School Lunch Pre-packaged Fresh Fruit and Vegetables and Fresh Fruit and Vegetable Grant Programs for the School District of Lancaster (SDOL) Satellite Schools Due Date - Original, signed RFP Response Form, FFVP List of Fruits & Vegetables, Pricing Sheet, Non-Collusion Affidavit, and Bid Bond due by U.S. Mail by NOON on Friday, April 21, 2017. We, the undersigned, hereby propose and agree to furnish to the School District of Lancaster, any or all of the information requested herein. COMPANY ADDRESS ADDRESS TELEPHONE (WITH AREA CODE) _ EMAIL ADDRESS PRINTED NAME AUTHORIZED SIGNATURE TITLE DATE Page 14 of 15

Exhibit 1 School Calendar Page 15 of 15