COMMODITY PROCESSING PROPOSAL
DENTON INDEPENDENT School District
Table of Contents
Section 1.0 General Specifications
Section 2.0 Full Substitution Program/Standard Yield
Section 3.0 Clean Air and Water Act of 1970
Section 4.0 Certification Regarding Lobbying
Section 5.0 Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
Section 6.0 Signature Page
Section 7.0 Beef Products
Section 8.0 Cheddar Cheese Products
Section 9.0 Chicken Products
Section 10.0 Mozzarella Cheese Products
Section 11.0 Turkey Products
Section 12.0 Potato Products
Section 13.0 Strawberry Products
Section 14.0 Apricot Products
Section 15.0 Sweet Potato Products
Section 16.0 Submission Form for Commodity Products
Section 17.0 Felony Conviction Notification
Section 18.0 Debarment and Suspension Certification
Request for Proposals
The Denton Independent School District is requesting sealed proposals for Commodity Processing of USDA Commodity Beef, Chicken, Cheddar Cheese, Mozzarella Cheese, Turkey, Potatoes, and Fruit. Product specifications and submission forms can be obtained from the Purchasing Department at 1213 N. Locust St. Denton Texas 76201 or online at www.dentonisd.org on the Purchasing Department or the Child Nutrition Department pages.
Mark on your sealed proposal “CSP ______- Not to be opened until after 2:00 p.m., Thursday, January 17, 2013.” Address your sealed proposal to Alyce Hamman, Purchasing Buyer, Denton ISD, 1213 N. Locust Street, Denton, Texas 76201. Proposals will not be opened at the receiving time. Proposals will be reviewed and results will be made public once the review and ranking are completed. No proposals received after the opening time will be accepted.
This proposal requests firm pricing for the processing of commodity foods for school year 2013-14, or from July 1, 2013 through June 30, 2014. Prices are to be firm through this contract period in the event that additional truckloads become available for processing.
The district intends to award the contract to one or more vendors as is in the best interest of the district.
Proposals will be evaluated pursuant to Texas Education Code Chapter 41 requirements. The District reserves the right to accept or reject any and/or all proposals and to waive any technicalities, and to be the sole judge of quality and equality. The District also reserves the right to award the proposal to the vendor who submits the best overall proposal. In addition, the District reserves the right to be the sole judge of the definition of best overall proposal.
Questions will be answered through e-mail. Contact Alyce Hamman, Purchasing Buyer at or Robin Wantland, Director of Child Nutrition at
Faxed and emailed proposals will not be accepted.
Commodity Processing Proposal for USDA Commodity Beef, Chicken, Cheddar Cheese, Mozzarella Cheese, Turkey, Potatoes, Strawberry, Apricot, and Sweet Potato Products.
Section 1.0 General Specifications:
1.1 Participants: Denton Independent School District. This proposal includes the quantity and shipping estimates for the Denton Independent School District.
1.2 Scope: This proposal requests firm pricing for the processing of commodity food products.
1.3 Contract Period: The contract period is school year 2013-2014. Contract prices are to be firm through contract period, July 1, 2013 through June 30, 2014, in the event that additional truckloads become available for processing.
1.4 Brands: Brand names must be listed on the items being proposed. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted, shall be implied. The specified product will indicate type, function, minimum standard, efficiency and quality desired and will not exclude other manufactured products of comparable quality, design and efficiency. Brand of equal quality or type are acceptable. Specifications received from vendors that are different from the original requirements must meet or exceed original proposal specifications to be considered as equivalent. The Denton ISD will be the sole judge to determine if products quoted/tested are equal.
1.5 USDA Commodities: – 100154 Frozen and 100155 Fresh Ground Beef, 100103 Chicken, 100124 Turkey, 100506 Potatoes, 110244 Mozzarella Cheese, 110242 Cheddar Cheese, 100254 Strawberries, 100260 Apricots, and 100980 Sweet Potatoes may be utilized. Commodity trucks will be diverted to the approved processor if and when USDA completes purchase and allocation to the school district.
1.6 Quantities: Quantities given herein are estimates, but Denton ISD reserves the right to increase or decrease quantities. Actual quantities of USDA donated food to be processed will be available by March 2013. The current availability of commodities will help determine the types and quantities of food items to be purchased.
1.7 Net Off Invoice (NOI): This is the preferred method of invoicing. Preference will be given to processors who offer net off invoice. The invoice discount shall be equal to the value of the commodity listed on the November 15, 2012 pricing index or other state-approved method for determining the value of the USDA commodities. Manufacturers are requested to provide their costs to the distributor for NOI items at the time the proposal is offered.
1.8 Vendors: Denton ISD, through the Prospering Pals purchasing cooperative, currently has a commercial contract with Sysco/North Texas. Vendors offering net off invoice will need to have a current working relationship with this distributor as well as other large food service distributors in the Dallas-Fort Worth area.
1.9 Full Substitution/Standard Yields: Preference is given to manufacturers who can offer USDA Full Substitution and Standard Yields Programs.
1.10 Guaranteed Yield: Vendors who do not have Full Substitution or Standard Yields Programs shall guarantee a yield of finished product. It is understood that the actual yield of finished product may be greater than the guaranteed yield. If the actual yield is less than guaranteed yield; vendor will reimburse the specific school district for the excess product used, using the USDA established price.
1.11 Product Documentation: A copy of Child Nutrition (CN) labels, product analysis sheets, nutrition facts labels, and ingredient statements must be submitted with the proposal for each item offered for processing.
1.12 Product substitutions: Specifications for each product category are listed in this proposal. The Denton ISD reserves the right to make final decisions on comparable items as equals. Items delivered must be the exact brand and model as tested and awarded.
1.13 Packaging: All material must be delivered in manufacturer’s original sealed container. Label & labeling shall conform to all federal regulatory requirements for good intrastate and interstate commerce, and containers shall meet DOT requirements.
1.14 End Product Data Schedules (EPDS): Please attach current and signed End Product Data Schedules to your proposal.
1.15 Quality Control: Processed food products are expected to be handled under the highest standards of quality control. Graders are expected to supervise the entire processing process to maintain proper accountability and integrity of the donated food during processing and provide certification to the state agency that end products have been prepared from the specified donated commodity. In the event that end products are found to be contaminated, arrangements for credit will be made with the manufacturer or the state agency, as appropriate. Denton ISD has the right to terminate its contract with the processor if the contamination is due to a lack of quality control at the processing plant.
1.16 Monthly Usages: Preference is given to manufacturers who provide commodity usage information and management tools through K-12 Foodservice or Processor Link.
1.17 Product Mix: The District reserves the right to change the mix of products it uses as new products become available or student preferences change.
1.18 Termination of Contract: The manufacturer shall be given a grace period of thirty (30) working days to remedy any violation of the proposal. After that, the contract can be terminated with written notice by either party.
1.19 Extensions: Upon satisfactory performance and mutual agreement, this contract may be extended from the initial (2013-2014) school year contract to include one additional year for a total of two (2) years if all parties involved agree on pricing, product and service.
1.20 Certifications: Please complete the Felony Conviction Notice, Suspension and Debarment Certificate, Clean Air and Water Act of 1970, the Certification Regarding Lobbying and the Disclosure of Lobbying Activities forms that are attached.
1.21 Approval for Processing: Vendor must have approved contract for processing with the State of Texas for USDA commodities. Commodities shall be processed in accordance with the contract. It is the vendor’s responsibility to ensure that products proposed meet all specifications, e.g. USDA grade standards. Food products processed in other countries are not acceptable.
1.22 Method of Awarding: This proposal will be awarded by commodity product category on an “all or none” basis or in the best interest of the District by item. Vendors may propose either one commodity product category or several categories.
1.23 New Products: There is a section to note new products that are available and future products as they become available.
1.24 Buy American Provision: The Denton ISD is required by law to use Child Nutrition funds to buy domestic commodity food products for reimbursable meals served in the National School Lunch Program and School Breakfast Program.
1.25 Contact: All questions should be directed to either: Alyce Hamman, Denton ISD Purchasing Buyer (940-369-0582) , or Robin Wantland, Denton ISD Child Nutrition Director (940-369-0272) .
1.26 Discrimination: “In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability.” To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.”
It is the policy of the District to purchase based on factors other than price alone. Quality, availability, suitability to purpose, and vendor’s services are contributing factors. The District reserves the right to accept or reject any proposals, to waive technicalities, and to be the sole judge of quality and equality. Proposal awards shall be based on, but not necessarily limited to, the following criteria: price, taste, availability, quality, previous performance, experience, skill, ability, business judgment, financial capacity, integrity, honesty, reference / reputation, promptness, estimated time of delivery/completion, results of testing samples, evaluation of exceptions, responsiveness to proposal, special needs of each entity, vendor’s follow-up of problems once notified, and any other relevant factors that a private business entity would consider.
References: Please attach a list of references.
Section 2.0 Full Substitution Program/Standard Yield / Total Replacement Programs
1. Do you have or have you applied for USDA’s Full Substitution Program? _____yes ______no
2. If you have applied, when do you expect approval? ______
3. Do you have or have you applied for USDA’s Standard Yields Program? ____yes _____no
4. If you have applied, when do you expect approval? ______
5. Do you have a Total Replacement Program? yes no
6. If you do not have these programs do you have the ability to produce products as needed and ship to distributor? ______yes ______no
Samples:
1. Samples needed for a proposal to be evaluated properly will be delivered within five (5) working days from the time the vendor is notified by the Child Nutrition Department. If the District is currently processing the item, then the supplier may not need to submit samples. However, samples may be requested, before the award, from current suppliers if deemed necessary for product evaluation.
2. The amount of a sample to submit is one unopened case with the manufacturer’s label intact containing the product name, brand and the item code imprinted by the factory.
3. Samples will be submitted at no cost to the district.
4. Failure to submit requested samples of items may disqualify the proposal.
5. Samples should be delivered to the Denton ISD Child Nutrition Department; 230 North Mayhill Road; Denton, TX 76208. All samples must be clearly marked with the following information: manufacturer’s name, item number and item name.
6. Sample items from the selected manufacturer may be retained to determine that the quality and workmanship of the delivered items are comparable to the sample.
Section 3.0 Clean Air and Water Act of 1970
I, the vendor, am in compliance will all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857th(h)), section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 1178389 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 for the Enforcement.
Signature Date
Section 4.0 Certification Regarding Lobbying
Applicable to Grants, Sub grants, 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 under-signed, 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.