REQUEST FOR BIDS (RFB) #16-009 PIZZA BID Bid Opening …...6. AuthorizationSheet with Statement of Non-Collusion / Non-Discrimination 7. Felony Conviction Notification 8. Debarment

COLLEGE STATION I.S.D. 2000 Welsh Avenue College Station, Texas 77840

April 7, 2016

Director of Purchasing: Mark Pantel, C.P.M., CTSBO, Phone: (979) 764-5408

The College Station Independent School District (CSISD) is soliciting bids for the purchase of pizza for the 2016-2017 school year. The quantities given are estimates only and are not a guarantee to purchase by CSISD.

Copies of RFB #16-009 may be obtained from the CSISD website: www.csisd.org or the Purchasing Office at College Station Independent School District, 2000 Welsh Ave., College Station, Texas 77840.

Please contact Mark Pantel, Director of Purchasing at (979) 764-5408 or email: [email protected] if you have questions regarding the scope of this bid.

THIS IS NOT AN EXCLUSIVE CONTRACT.

Bidders must submit sealed bids in the form of the executed offer together with any material required by any addendum to this RFB by the time and date specified. All bids must remain open for 60 days from the Bid Date pending acceptance by CSISD.

INSTRUCTIONS TO BIDDERS

GENERAL

The following instructions by College Station Independent School District are intended to afford bidders an equal opportunity to participate in this bid.

Any explanation desired by a bidder regarding the meaning or interpretation of these instructions or any other bid documents must be requested in writing to CSISD with sufficient time allowed for a reply to reach bidders before the submission of their bids. Oral explanations or instructions will not be binding. Any information given to a prospective bidder concerning an invitation will be furnished to all prospective bidders as an amendment to the invitation if such information is necessary to bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed bidders.

REQUEST FOR BIDS (RFB) #16-009 PIZZA BID Bid Opening Date: April 21, 2016 @ 2:00 p.m.

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http://www.csisd.org/

mailto:[email protected]

mailto:[email protected]

RFB #16-009 Pizza TABLE OF CONTENTS

Items checked below represent the components, which comprise this bid packet. If the item is not checked, it is not applicable to this bid. Bidders are asked to review the package to be sure all applicable parts are included. If any portion of this packet is missing, notify the CSISD Purchasing Department immediately. It is the Bidder’s responsibility to be thoroughly familiar with all information contained in this packet prior to submission of bid.

1. Cover Sheet

2. Table of Contents

3. Instructions to Bidders

4. Specifications

5. Bid Form – This form must be completed and returned as part of bid. This formmust be typed or written in ink.

6. Authorization Sheet with Statement of Non-Collusion / Non-Discrimination

7. Felony Conviction Notification

8. Debarment Certification

9. Conflict of Interest Questionnaire (Form CIQ)

10. Residence Certification

11. Department of Agriculture Forms

12. Non-Collusive Bidding Certificate

13. Insurance Requirements- Applies only to certain bids.

14. Proposer/Vendor Certfication Forms

15. Terms and Conditions

16. Attachments

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SPECIFICATIONS

Bidders are expected to examine the specifications, standard provisions and all instructions. Failure to do so will be at the bidder's risk. Bids submitted on other than authorized forms or with different terms or provisions may not be considered as responsive bids.

INFORMATION REQUIRED

Each bidder shall furnish the information required by the bid documents. The bidder shall sign the Bid Sheet and, when appropriate, the specifications, which documents shall collectively constitute the bidder's offer. The person signing the documents must initial erasures or other changes. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to CSISD.

(a) The bidder should quote its lowest and best price, F.O.B. destination, on each item. If delivery and shipping quantities affect a unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for CSISD to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified. All prices shall be entered on the Bid List in ink or type written. Totals shall be entered in the "Extended Price" column of the Bid List, and in case of discrepancy between the unit price and the extended total price, the unit price will be presumed to be correct.

(b) Bids must be firm. If the bidder, however, believes it necessary to include in its price a price adjustment, such a bid may be considered, but only as an alternate bid.

(c) CSISD is exempt from federal excise taxes, state and local sales and use taxes.

(d) Time of delivery is part of the bid and very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or a date is not indicated in the specifications, the bidder shall state its best delivery time.

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SUBMISSION OF BIDS

Sealed Bids shall be returned in an envelope marked on the outside with the bidder's name and address and bid number addressed to:

College Station Independent School District c/o Mr. Mark Pantel, C.P.M., CTSBO Director of Purchasing 2000 Welsh Ave. Ave. College Station, Texas 77840

RFB #16-009 Pizza Bid Bid Due Date: Wednesday April 21, 2016 @2:00 p.m.

Or may be delivered in person at the above address. Bids must be returned in sufficient time to be received and time-stamped at the above location on or before the published bid date and time shown on the RFB. Bids received after the published time and date cannot be considered. Faxed bids are accepted.

MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by written or telegraphic notice received by CSISD prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a bidder or his authorized representative prior to the bid deadline; provided the bidder's identity is made known and he or she signs a receipt for the bid.

OPENING BIDS

All bids shall be opened as soon after the bid deadline as is reasonably practicable. Trade secrets and confidential information contained in bids shall not be open for public inspection.

EVALUATION FACTORS

CSISD shall award contracts based upon the lowest responsible bid, price and other factors considered. Contracts may be awarded on a lump sum basis or on a unit price basis, provided that in the event a contract specifies a unit price basis, the compensation paid by CSISD shall be based upon the actual quantities supplied. In determining the "lowest responsible" bid, CSISD may consider, other factors such as:

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1. pricing; (50%)2. the extent to which the goods or services meet the district’s needs and vendor’s

services; (5%)3. quality of product; (10%)4. service capability; (5%)5. the reputation of the vendor and of the vendor’s goods or services; (5%)6. the vendor’s past relationship with the district; (5%)7. the long-term cost to the district to acquire the vendor’s goods or services; (3%)8. student or customer preference; (18%)

9. For a contract for goods and services, other than goods andservices related to telecommunications and information services,building construction and maintenance, or instructional materials,whether the vendor or the vendor’s ultimate parent company ormajority owner; (0%)

a. has its principal place of business in this state; or

b. employs at least 500 persons in this state;

10. the impact on the ability of the district to complywith laws and rules relating to historically underutilizedbusinesses including small, minority, woman-owned, or laborsurplus area firms (CFR 200.321); (1%)

In the event identical bids are submitted which are determined by CSISD to be the lowest responsible bids, the successful bidder shall be selected by the casting of lots. A student taste testing may also be used to help make this decision.

RESERVATION OF RIGHTS

CSISD expressly reserves the right to:

(a) Reject or cancel any or all bids;

(b) Waive any defect, irregularity or informality in any bid or bidding procedure;

(c) Waive informalities, minor deviations from specifications at a lower price than other bids meeting all aspects of the specifications if it is determined that total cost is lower and the overall function is improved or not impaired;

(d) Extend the bid opening time and date;

(e) Reissue a bid invitation;

(f) Consider and accept an alternate bid as provided herein when most advantageous to CSISD;

(g) Cancel the contract with a thirty (30) day written notice; and 5

(h) Procure any item or services by other means.

ACCEPTANCE

Acceptance of a bidder's offer for supply agreements will be by purchase order issued by CSISD. Subsequent purchase orders and release orders may be issued as appropriate. Unless the bidder specifies otherwise in his bid, CSISD may award the contract for any item or group of items shown on the bid invitation.

STANDARD PURCHASE TERMS AND CONDITIONS

Bidder and CSISD agree as follows, (if applicable):

BIDDER TO PACKAGE GOODS

Bidder will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows:

a) Bidder's name and address;b) CSISD's name, address and purchase order;c) Container number and total number of containers, e.g. box 1 of 4 boxes;d) The number of the container bearing the packing slip.

Bidder shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. CSISD's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED

Bidder is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS

The title and risk of loss of the goods shall not pass to CSISD until it actually receives and takes possession of the goods at the point (s) of delivery. The terms of this RFB are "no arrival, no sale."

NO REPLACEMENT OF DEFECTIVE TENDER

Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality, fitness or use and the like. If a tender is made which does not fully conform, such failure shall constitute a breach of the contract. The Bidder shall not have the right to substitute a conforming tender; provided, however, that if the time for performance is not yet expired, the Bidder may seasonably notify CSISD of its intention to cure and may then make a conforming tender within the contract time.

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INVOICES AND PAYMENTS

Bidder shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number and the RFB number. Invoices shall be itemized. A copy of the bill of lading should be attached to the invoice and mailed to CSISD at the address specified on the purchase order. Payment shall not be due until the above instruments are submitted after delivery. All prices shall be F.O.B. destination.

WARRANTY-PRICE

The price to be paid shall be that contained in Bidder's bid which Bidder warrants to be no higher than Bidder's current prices on orders by others for products of the kind and specification covered by this RFB for similar quantities under similar or like conditions and methods of purchase. In the event Bidder breaches this warranty, others shall reduce the prices of the items to the Bidder’s current prices on orders, or in the alternative, CSISD may cancel this RFB without liability to Bidder for breach for Bidder's actual expenses.

WARRANTY-PRODUCT

Bidder shall not limit or exclude any implied warranties, and any attempt to do so shall render this RFB voidable at the option of CSISD. Bidder warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the Bid documents, and to the sample(s) furnished by Bidder, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

WARRANTY-SAFETY

Bidder warrants that the product sold to CSISD shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA). In the event the product does not conform to OSHA standards, CSISD may return the product for correction or replacements at the Bidder's expense. In the event Bidder fails to make the appropriate correction within a reasonable time, correction may be made by CSISD at Bidder's expense.

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WARRANTY-INFRINGEMENTS

Bidder agrees to ascertain whether goods manufactured in accordance with the specifications will give rise to the rightful claim of any third person by way of infringement or the like. If Bidder is of the opinion that an infringement or the like will result, he will notify CSISD to this effect in writing within two weeks after the signing of this RFB. If CSISD does not receive notice and is subsequently held liable for the infringement or the like, Bidder will indemnify CSISD for any damages due to such claim. If Bidder in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this RFB shall be null and void except that CSISD will pay Bidder for the reasonable cost of his search as to infringements.

TERMINATION

CSISD shall have the right to terminate for default all or any part of its RFB if Bidder breaches any of the terms hereof or if the Bidder becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which CSISD may have in law or equity, specifically including, but not limited to, the right to sue for damages or demand specific performance. CSISD additionally has the right to terminate this RFB without cause by delivery to the Bidder of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective.

ASSIGNMENT-DELEGATION

No right or interest in this RFB shall be assigned or any obligation delegated by Bidder without the written permission of CSISD.

INTERPRETATION

This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein, and acceptance of a course of performance rendered under this RFB shall not be relevant to determine the meaning of this RFB even though the accepting party has knowledge of the performance and opportunity for objection.

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APPLICABLE LAW

The Uniform Commercial Code as adopted in the State of Texas and in force shall govern this RFB on the date of this RFB.

NON-DISCRIMINATION CLAUSE

The College Station Independent School District does not discriminate on the basis of race, religion, color, national origin, sex, or handicap in providing education services. Mon ica James, Director of Personnel, 1812 Welsh Ave., College Station, TX 77840 (979-764- 5411) has been designated to coordinate compliance with the nondiscrimination requirements of Title IX. Molly Perry, Director of Special Services, 1812 Welsh Ave., College Station, TX 77840 (979-764-5433) has been designated to coordinate compliance with the nondiscrimination requirements of Section 504 of the Rehabilitation Act.

El Distrito Escolar de College Station no discrimina en base a la raza, color, religión, sexo, origen nacional, edad, discapacidad, rango militar o cualquier otra causa prohibida por la ley para proveer servicios educativos. Monica James, Director del Departamento de Personal, 1812 Welsh Ave. College Station, TX 77840 (979-764-5411) ha sido asignado para coordinar los asuntos de no discriminación en conformidad con los requisitos del Titulo IX. Molly Perry,Directora de Servicios Especiales, 1812 Welsh Ave., Suite 120, College Station, TX (979-764-5433) ha sido asignada para coordinar los asuntos de no discriminación en conformidad con los requisitos de la Sección 504 de la Ley de Rehabilitación.

REQUEST FOR BID STANDARD PROVISIONS

Bidder and CSISD agree as follows:

1. Term. The term of this contract shall be from August 1, 2016 through July 31, 2017with the option to renew the contract for two (2) additional years in one yearincrements, providing all terms and conditions remain the same and both partiesagree to extension prior to expiration.

2. Description - Sale of Goods. Bidder shall transfer and deliver to CSISD and shallpay for and accept all of CSISD's requirements during the referenced term of thecontract for all of the items listed and described on the Bid.

3. Release Order, if applicable. CSISD shall exercise its right to specify time, place,and quantity to be delivered. The release order will refer to this RFB and will specifythe item, quantity, delivery date, and receiving address.

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4. Default In One Installment to Constitute Total Breach. Each installment or lot ofthis contract is dependent on every other installment or lot, and a delivery of non- conforming goods or a default or any nature under one installment or lot will impairthe value of the whole contract and constitutes a total breach of the contract as awhole.

5. Replacement of Merchandise. Any merchandise rejected must be corrected orreplaced by suitable merchandise within two (2) weeks, at no charge to CSISD, or areplacement will be bought in the open market and any costs incurred includingadditional costs over and above the bid price will be the responsibility of the Bidder.

6. Price Adjustment. All goods to be delivered pursuant to the terms of this RFB,including any extensions thereof, shall be purchased at the prices set forth onBidder's Bid Sheet. Anticipated price changes due to economic conditions must beforwarded, in writing, to the district’s office 30 days in advance of the effective dateof the price change. Bidder shall include a justification for any price increase. Pricechanges resulting in a decrease in price shall be offered to the participating district.

7. Per House Bill 1295, Section 2252.908 of the Government Code, the district maynot enter into certain contracts with a business entity unless the business entitysubmits a disclosure of interested parties to the governmental entity or stateagency at the time the business entity submits the signed contract to thegovernmental entity or state agency.

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http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm

SUBMITTALS

Vendor is required to return the following documents in the bid package:

Signed “AUTHORIZATION” Sheet Signed “FELONY CONVICTION NOTICE” Sheet Pricing Sheet Signed Texas Department of Agriculture Forms Conflict of Interest Questionnaire Nutritional analysis of all pizza products requested Product Content Data Sheet References Promotional Materials and Incentives Servicing Unit and Delivery Vendor Certification Forms Non-collusive bidding certificate

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COLLEGE STATION I.S.D.

PIZZA BID RFB #16-009

AUTHORIZATION

Vendor’s Name:

In submitting RFB #16-009, I certify as follows:

1. The prices in this Bid have been determined independently, without consultation,communication, or agreement for the purpose of restricting competition, as to anymatter related to such prices, with any other bidder or with any competitor.

2. I have read each of the Bid documents outlined in the RFB and agree to abide bythe terms and conditions thereof.

DATED: this day of , 2016.

Name of Firm: .

Signature:

Name Typed: .

Title: .

Firm's Address: .

.

S.S. or Fed.ID#: .

Phone Number: FAX Number: .

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COLLEGE STATION I.S.D.

FELONY CONVICTION NOTICE

Statutory citation covering notification of criminal history of vendor is found in the Texas Education Code §44.034. Felony Conviction Notification

Texas Education Code §44.034, Notification of Criminal History, Subsection (a), states “ a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity failed to give notice as required by subsection (a) or misrepresented the conduct resulting in the conviction. The school district must compensate the person or business entity for services performed before the termination of the contract.” This Notice is NOT required of a Publicly-Held Corporation.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Vendor’s Name:

Authorized Company Official’s Name (Printed)

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

Signature of Company Official

B. My firm is not owned nor operated by anyone who has been convicted of a felony:


C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony:

Name of Felon (s):

Details of Conviction(s):


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TERMS AND CONDITIONS

SPECIFICATIONS Fresh Baked Delivered Pizza

1. PRODUCT SPECIFICATIONSA. Pizza for School Meals

a) Ingredients Cheese must be 100% part-skim light mozzarella or otherreal cheese appropriate for use in pizza. No imitation cheese or cheesesubstitutes will be accepted. Crust must be whole grain-rich, consisting ofwhole grain and enriched flour and must be ≥50% whole grain. Pizza mustbe reduced fat and reduced sodium.

b) Size Must be minimum of 14” in diameter to produce 8 slices. Slices mustbe uniform in size to meet the requirements of the National School LunchProgram.

c) Toppings Light Cheese, Light cheese with reduced-fat, reduced sodiumpepperoni (whole slices). Please indicate the number of pepperoni perpizza slice of your proposed pizza on the response/bid form.

College Station Independent School District participates in the National School Lunch Program and each slice must provide 2 M/MA and 2 Grain equivalents. A formulation statement must be provided as proof of this. A nutritional analysis including amount of trans fat of each product must be provided with the bid.

d) Pizza slices must be equal cuts in size. Uneven cut pizza shall bereturned for credit. Distribution of toppings on a pizza must be equal.The unequal distribution of toppings on a pizza will cause the pizzato be returned for credit. Pizza that has been overcooked ordamaged in any way shall be returned for credit.

e) Bidder must include with this bid (for each product):Attachment A: Signed Formulation Statement Attachment B: Product Nutritional Analysis - must be provided by

an independent analytical laboratory recognized by the Association of Official Analytical Chemists (AOAC).

f) All pizzas must be prepared fresh for each delivery. Previouslyprepared/frozen pizza will not be accepted. No par baked crust will beaccepted

g) If at any time, the product deviates from the aforementioned specificationsor is found to be inferior, vendor will be given notice to pick up productand issue a credit to College Station I.S.D. Child Nutrition Department.

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B. Pizzas for Other School Needs a) Ingredients Cheese must be 100% mozzarella or other appropriate cheese for

use in pizza. No imitation cheese or cheese substitutes will be accepted. Crust must have whole grain or enriched flour as a primary ingredient by weight.

b) Size Must be minimum 14” in diameter to produce 8-10 slices. Slices must beuniform in size.

c) Toppings Cheese, pepperoni (whole slices), Canadian bacon, Italian sausage,and beef.

d) Bidder must include with this bid: Attachment A Signed Product ContentData Sheet

g) All pizzas must be prepared fresh for each delivery. Previously prepared/frozenpizza will not be accepted. No par baked crust will be accepted

h) If at any time, the product deviates from the aforementioned specifications or isfound to be inferior, vendor will be given notice to pick up product and issue acredit to College Station I.S.D. Child Nutrition Department.

2. Delivery

a) Vendor must deliver five (5) days per week, as specified by College StationI.S.D. and must make as many deliveries as necessary each day to ensurestudents are receiving fresh, hot pizza. Number of days and times of deliveryare to be determined by individual school needs. College Station I.S.D. reservesthe right to increase or decrease the number of delivery sites to fit the needs ofindividual schools.

b) Vendor must bid on services to all schools listed on Attachment “E” and mustsupply a list of the restaurants or production facilities, which will be servicingeach of the schools on Attachment “E”. The College Station I.S.D. reserves theright to remove or add schools at any time during the contract period.

c) College Station ISD consists of sixteen (16) campus locations. Deliveries mayalso be made to the Barbara Bush Parent Center, and the CSISDAdministration building.

d) Deliveries of pizza for school meals will typically be made to AMCHS and CSHSthree times each week and College View HS, AMCMS and CSMScampuses on a twice-weekly basis during lunch service. A standing orderwill be developed with each manager calling to alter time or quantity asneeded.

e) Deliveries to other locations will be on an as needed basis. CSISD reserves theright to change these needs at any time during the contract period. Deliveries of

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pizza for other school needs may to any location during the day or evening. These orders will be telephoned and/or faxed to the individual restaurant locations/production facilities prior to the day of delivery. Please indicate the amount of lead time required by your company: Hours. Changes to orders will be accepted until on the day(s) of delivery.

f) All finished products must be delivered in a manner, which will maintain 160degrees internal temperature.

g) The College Station I.S.D. reserves the right to refuse, at time of delivery, allproducts deemed unacceptable by District Representatives(s) or any product notdelivered within specified time(s). Pizzas are to be delivered within the timerequested +/- 10 minutes. It is very important that pizzas to be served at lunchare delivered in a timely manner so that students have adequate time to eatwithin their designated mealtime. Pizzas delivered more than 20 minutespast the time requested will be delivered at no charge to the district. Thisincludes pizza for use in the cafeteria and for other district needs.

h) Drivers will be required to deliver product in the designated areas of each schoolas requested by the cafeteria manager, but will not be required to place productin the heating units.

i) Drivers must provide a delivery ticket and receive a signature from the cafeteriamanager as proof of each delivery on each day.

j) An invoice or delivery ticket with pricing will not be left with pizzas delivered toany location other than the school cafeteria to the cafeteria manager.

k) Drivers shall present a neat and clean appearance, be in uniform and be able toshow a picture ID on request for security purposes. They will make theirdeliveries in an efficient and courteous manner

l) The successful bidder must agree to purchase back the remaining pizzas at theend of each lunch period.

m) No delivery fee shall be charged. Drivers will not receive tips for deliveries madeto any location at any time of day.

3. References Vendor must be a merchant in the food service industry for a minimum ofone year for referenced products/service bid and must have a proven record of ability toprovide the service as specified. On the reference sheet attached (Attachment “C”) listschool food service programs which you have serviced during the past five (5) years.

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4. Health and Food Safety Standards The College Station I.S.D. reserves the right toinspect production facilities at any time with reasonable prior notice of intent to do so.All vendors are subject to the Texas Food, Drug and Cosmetic Act (FD&C), Chapter432, Texas Health and Safety code. Upon award of contract, bidder must show proofof registration with the Texas Department of Health as it relates to the aforementionedact. The manufacturer shall have in place a HACCP or other approved food safetyplan.

5. Food Manufacturer/Food Wholesalers License Vendor must provide proof ofthe appropriate license with Texas Department of Health, Bureau of Food and DrugSafety, Manufactured Foods Division to distribute food for sale to schools.

6. Insurance The successful bidder will be required, upon request, to furnish a certificateof insurance for general liability of $2 million and for automobile liability of $500,000.

6. Product Testing College Station I.S.D. reserves the right to test any product notpreviously approved for student acceptability.

7. Bid Period Bid shall be awarded for the period beginning on August 1, 2015, andending on July 31, 2016, with the option to extend for two additional periods providingall terms and conditions remain the same.

8. Pricing Prices shall remain firm for the entire bid period, including extended optionperiod as stated in #7. Estimated number of pizzas to be purchased during the contractperiod (not including extended period), for all schools listed on Attachment “E” isapproximately 14,000 fourteen (14) inch pizzas. The number of pizzas to be purchasedduring the period is only an estimate. Actual number of pizzas to be purchased may bemore or less depending on student demand. Please list the cost of additional pizzatoppings or dipping sauces, such as garlic sauce, if requested by the district.

9. Evaluation of Bid The following criteria may be used in evaluating the bid: quality ofproduct, customer acceptability, service capability, vendor reference, price and othercriteria listed on pages 4-5 under Evaluation and other Criteria deemed relevant to thedistrict. The awarding of the bid may be on an all or none basis. College Station I.S.D.reserves the right to pilot test at designated schools any product at the bid price prior toexpansion to other schools on the list as needed.

10. Termination of Contract College Station I.S.D. reserves the right to terminate thisagreement at any time during the contract period for the following reasons: serviceinconsistency, National School Lunch Program violations, on-going local health codeviolations at production facilities, on-going temperature violations, product quality orinconsistency, and unauthorized product substitutions.

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11. Promotional Materials Provide on Attachment “D” a description of promotionalmaterials and other incentives for student that your company offers.

12. Buy America Standards - The successful propose shall meet the “Buy American”standards as defined in the Child Nutrition Reauthorization Act of 1998. School districtsparticipating in the National School Lunch program (NSLP) and in the contiguousUnited Stated are required to purchase for this program, to the maximum extentpracticable, domestic commodities or products. The term “domestic food commodity orproduct” means agricultural commodities produced in the U.S. and food productsprocessed in the U.S. substantially using agricultural commodities that are produced inthe U.S. “Substantially” means that over 51 percent of the processed food comes fromAmerican-produced products

13. Food Security Prevention Measures - Proposes will provide in writing the FoodSecurity Preventative Measures procedures to minimize the risk that food under thesuccessful bidder’s control could be subject to tampering or criminal or terrorist actions.

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ESTIMATED QUANTITIES

Location Days of Delivery

Number of Deliveries Required with

Approximate Time

Estimated Weekly

Quantity Cheese Pizza

Estimated Weekly Quantity

Pepperoni Pizza

A&M Consolidated HS M-W-F Three: 11:15 am, 11:45 am,

12:15 pm 24 57

College Station High School M-W-F Two: 10:45 am, 11:15 am,

12:15 pm 27 90

College Station Middle School T-TH Three: 10:45 am, 11:15 am,

11:45 am 30 62

A&M Consolidated Middle School T-TH Four: 10:50 am, 11:20 am,

11:50 pm, 12:26 pm 10 50

All other Locations Any Weekday

Varies- Typical Times Lunch: 10:30am -12:15 pm

After school: 3:30pm Evening meetings: 5:00-6:30

pm

Varies* Varies*

*Orders usually vary from 3-50 pizzas/order and may be more

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COLLEGE STATION INDEPENDENT SCHOOL DISTRICT Pizza Bid #16-009

2015-2016

Price is to include delivery, food cost and all related costs.

1) Price per 14-16” Low Fat, Low Sodium Pizza with Whole Wheat crust(cut 8 ways):

2) Price per commercial 14” Pizza (cut 8 ways):

3) Price for additional pizza toppings (other than one topping of cheese, pepperoni,Canadian bacon, Italian sausage or beef):

4) Price for dipping sauces:

The undersigned certifies that this bid conforms to all requirements of addenda (if any), general terms and conditions, and specific instructions to bidders.

Name of Company Authorized Signature Date

Address Contact Person

Phone Number Contact Phone Number

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Attachment “A” Formulation Statement

14” Pizza

Attach one sheet for each different product (based on cut and topping).

Product Number:

Product Name:

Serving Size:

Meat (fully cooked):

Cheese:

Flour:

Uncooked Product

By the Serving W hole Pizza

Total Weight (oz)

Crust (oz)

Sauce (oz)

Cheese (oz)

Meat (oz)

Total Ready to Serve Weight (oz)

Company Name Phone Number

Certifying Representative’s Signature Title

Certifying Representative’s Name Date

21

Attachment “B” NUTITIONAL ANALYSIS

14” Pizza Attach one sheet for each different product (based on cut and topping).

Product Number:

Product Name: Serving Size:

Meat (Fully Cooked):

Cheese:

Nutrient Whole Cooked Whole Uncooked

Moisture(g)

Calories (kcal) Protein (g) Total Fat (g) Saturated Fat (g) Monounsaturated Fat (g) Polyunsaturated Fat (g) Trans Fat (g) Carbohydrates (g) Total Dietary Fiber (g) Total Sugars (g) Ash (g) Cholesterol (mg) Calcium (mg) Iron (mg) Sodium (mg) Vitamin C (mg) Vitamin A (IU) Vitamin A (RE) Calories from Fat % Calories from Fat

Name of laboratory providing analysis:

Company Name Phone Number

Certifying Representative’s Name Date

Certifying Representative’s Signature Title

22

Attachment “C” REFERENCES

Fresh Hot Delivered Pizza

1) School District:

Number of Schools Serviced: Enrollment:

Contact Person: Phone:

2) School District:



3) School District:



4) School District:



5) School District:



6) School District:



23

Attachment “D”

PROMOTIONAL MATERIALS AND INCENTIVES FOR STUDENTS Fresh Hot Delivered Pizza

Vendor Name:

1) List promotional or point of sale items available, i.e. posters, counter cards, etc.

2) Describe incentives available for students.

24

Attachment “E” DISTRICT LOCATIONS TO BE SERVICED

Fresh Hot Delivered Pizza

(Vendor to complete) Campus Location Address of Servicing Unit & Delivery

1) A&M High School1801 Harvey Mitchell Pkwy.(979) 764-5516

2) College Station High School4002 Victoria Avenue(979) 764-5553

3) College Station Middle School900 Rock Prairie(979) 764-5553

4) A&M Consolidated Middle School105 Holick(979) 764-5575

5) Cypress Grove Intermediate900 Graham Rd.(979) 764-5574

6) Oakwood Intermediate School106 Holick(979) 764-5418

7) South Knoll Elementary1220 Boswell(409) 764-5428

8) College Hills Elementary1101 Williams(979) 764-5413

9) Southwood Valley Elementary2700 Brothers(979) 764-5426

10) Rock Prairie Elementary3400 Welsh Ave.(979) 764-5424

11) Pebble Creek Elementary200 Parkview(979) 764-5595

12) Forest Ridge Elementary1950 Greens Prairie Road(979) 694-5801

25

13) Creek View Elementary1001 Eagle AvenueCollege Station, TX 77845(979) 694-5890

14) Greens Prairie Elementary4315 Greens Trail(979) 694-5870

15) Spring Creek Elementary2450 Brewster Drive(979) 694-5838

16) College View High School1300 George Bush Dr.(979) 764-5540

17) Barbara Bush Parent Center1200 George Bush Drive(979) 764-5504

18) Central Administration Offices2000 Welsh Ave.College Station, TX 77840

26

Compliance with Clean air and Water Act

I, the vendor, am in compliance with all applicable standards, orders or regulation issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14(1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator of the Enforcement.

I (We), the undersigned, agent for the firm, named below certify that the above information is true to the best of my knowledge.

Organization Name

Name and Title of Authorized Representative

27

U.S. Department of Agriculture

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transactions

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

(Before completing certification, read attached instructions.)

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

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

Organization Name PR/Award Number or Project Name

Name and Title of Authorized Representative

Signature Date

Instructions For Suspension/Debarment Certification Statement 1. By signing and dating the certification statement, the bidder certifies that neither it nor any

of its principals (e.g., key employees) has been proposed for debarment, debarred or suspended by a federal agency on the date signed.

2. The prospective bidder shall provide immediate written notice to the person to which thisproposal is submitted if at any time the prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. Federal and State penalties exist for vendors and districts that knowingly enter into contractswith suspended/debarred persons.

Texas Department of Agriculture — May 2005 Procurement 17.23

28

Certification Regarding Lobbying

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Name/Address of Organization

Name/Title of Submitting Official

Signature Date

17.24 Procurement Texas Department of Agriculture — May 2005

29

Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See next page for public burden disclosure.) Approved by OMB

0348-0046

1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan gurarantee f. loan insurance

2. Status of Federal Action: a. bid/offer/application b. initial award c. post-award

3. Report Type: a. initial filing b. material change For Material Change Only:

year quarter date of last report

4. Name and Address of Reporting Entity:

❑ Prime ❑ Subawardee Tier , if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. AwardAmount, if known: $

10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name,

MI):

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

11. Amount of Payment (check all that apply): $ ❑ actual ❑ planned

13. Type of Payment (check all that apply): ❑ a. retainer ❑ b. one-time fee ❑ c. commission ❑ d. contingent fee ❑ e. deferred ❑ f. other; specify:

12. Form of Payment (check all that apply): ❑ a. cash ❑ b. in-kind; specify: nature

value

14. Brief Discription of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuation Sheet(s) SF-LLL-A attached: ❑ Yes ❑ No

16. Information requested through this form is authorized by article 31 U.S.C. section 1352.

This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress

semi-annually and will be available for public inspection. Any person who fails to file the requred disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.: Date:

Federal Use Only: Authorized for Local Reproduction Standard Form - LLL

Texas Department of Agriculture — May 2005 Procurement 17.25

30

Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-AContinuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal Action.

2. Identify the status of the covered Federal Action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously

reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal Action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal Agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify thenature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and

the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact withFederal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) ofCongress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

17.26 Procurement Texas Department of Agriculture — May 2005

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503.

31

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Cod by a person who has a business relationship as defined by Section 176.001(1-a) with a loc governmental entity and the person meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmentaentity not later than the 7th business day after the date the person becomes aware of facthat require the statement to be filed.See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeano.r

OFFICEUSE ONLY

Date Received l

1 Name of person who has a business relationship with local governmental entity.

2Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3 Name of local government officer with whom filer has employment or business relationship.

Name of Officer

This section (item 3 including subp arts A, B, C & D) must be completed for each of ficer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary .

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at t he direction of the local government of ficer named in this section AND the t axable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an of ficer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

4

Signature of person doing business with the governmental entity Date

Adopted 06/29/2007

32

COLLEGE STATION ISD PROPOSER/VENDOR CERTIFICATION FORMS

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTSUNDER FEDERAL AWARDS – APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by CSISD member for any contract resulting from this procurement process.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by CSISD member, CSISD member reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.


(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by CSISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. CSISD also reserve the right to terminate the contract immediately, with written notice to vendor, for convenience, if CSISD believes, in its sole discretion that it is in the best interest of CSISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by CSISD member as of the termination date if the contract is terminated for

33

convenience of CSISD. Any award under this procurement process is not exclusive and CSISD reserves the right to purchase goods and services from other vendors when it is in the best interest of CSISD.

Does vendor agree to abide by the above? YES ________ Initials of Authorized Representative of vendor

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must 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, “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.”

Pursuant to Federal Rule (C) above, when federal funds are expended by CSISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above? YES ________ Initials of Authorized Representative of vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by CSISD, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.


(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of

34

mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by CSISD, the vendor certifies that during the term of an award for all contracts by CSISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.


(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient 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.

Pursuant to Federal Rule (F) above, when federal funds are expended by CSISD, the vendor certifies that during the term of an award for all contracts by CSISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.


(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by CSISD, the vendor certifies that during the term of an award for all contracts by CSISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.


(H) 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

35

for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains 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.

Pursuant to Federal Rule (H) above, when federal funds are expended by CSISD, the vendor certifies that during the term of an award for all contracts by CSISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.


(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors 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 U.S.C. 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 non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by CSISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by CSISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.


RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS –

36

2 CFR § 200.333

When federal funds are expended by CSISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.


CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When federal funds are expended by CSISD for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321, et seq.; 49 C.F.R. Part 18).


CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.


CERTIFICATION OF NON-COLLUSION STATEMENT

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.


Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor’s Name/Company Name: _________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________ Phone Number: _____________________________ Fax Number: ______________________________ Printed Name and Title of Authorized Representative: _________________________________________ Email Address: ________________________________________________________________________ Signature of Authorized Representative: ____________________________________________________ Date: ___________________________

37

SpecifySmall:

Minority:Woman-Ownded

Labor Surplus Firm:None:

Type of Firm

Evaluation Criteria #6:The impact on the ability of the district to comply

with laws and rules relating to historically underutilized businesses including small, minority,

woman-owned, or labor surplus area firms (CFR 200.321);

38

Documents

REQUEST FOR BIDS (RFB) #16-009 PIZZA BID Bid Opening …...6. AuthorizationSheet with Statement of Non-Collusion / Non-Discrimination 7. Felony Conviction Notification 8. Debarment