SECTION IV
Your School District
OFFICE OF CHILD NUTRITION
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
This certification is required by the regulations regarding suspension/debarment rules in 7 CFR Part 3017, Section 3017 Subpart C. The regulations were published in the November 26, 2003, Federal Register.
BEFORE COMPLETING CERTIFICATION, READ 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 Name PR/Award Number or Project
Name(s) and Title(s) of Authorized Representative(s)
Signature(s) Date
Form AD-10-48 (1/92)
Instructions for Certification
1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material presentation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the dpearment or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” ‘primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sessions of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is disbarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this form that it will include the clause titled, “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its participants. Each participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
Form AD-10-48 (1/92)
SECTION II
2.0 GENERAL CONDITIONS
2.0.1 Sealed, written bids will be received by the Your School District until 10:00 a.m. day and date, at the Office of Child Nutrition, Street Address, City, State. Bids delivered after that time will be returned, unopened to the appropriate bidder. Post marks or dating of documents will be given no consideration in case of late bids. If, however, a deliverer, UPS, Federal Express, US Air, etc. can provide documented proof as evidenced by the signature of a district Department of Child Nutrition employee that substantiates the claim the bid was delivered to the proper place prior to the time and date set for the bid opening and, through fault of District personnel, the bid did not get to the proper authority, the bid will be considered. The District reserves the right to reject any or all bids and to waive informalities.
An informality shall be defined as a requirement of the specifications that is needed for informational purposes only and failure on the part of a bidder to provide it would have no impact on the outcome of the bid. In such cases, the bidder failing to supply the information may be given a specified period of time to comply. If the bidder fails to comply in that time period, the bid will be rejected for reasons of non-compliance. No award will be made unless all required information is received by the District.
2.0.2 Compliance:
Failure to meet the requirements of the specifications in any area not considered to be an informality will cause the bid to be non-responsive and the bid shall be rejected.
2.0.3 General Conditions:
The bid shall be offered, and the contract shall be entered into in accordance with the general conditions. However, should a conflict exist between the general conditions and the special conditions, the special condition shall take precedence. Further, it is to be understood that the District reserves the right to waive any general or special condition if it is in the best interest of the District, so long as the waiver is not given so as to deliberately favor any single vendor and the waiver would have the same effect on all bidders.
2.0.4 Bidder Responsibility:
It shall be incumbent upon each bidder to understand the provisions of this bid document and, when necessary, obtain clarifications prior to the time and date set for the bid opening. Failure to obtain a clarification will be no excuse or justification for non-compliance with the provisions set forth herein.
2.0.5 Clarification:
If a clarification is required the request shall be made, in writing, to the District not later than seven (7) working days prior to the time and date set for the bid opening. The District will respond to the request, by letter, or in the form of a written addendum, if it is determined that all prospective bidders should have benefit of the clarification. No addendum will be issued within the five (5) working days prior to the date the bids are to be opened.
Bidders shall acknowledge receipt of any addendum to the solicitation by signing and returning the addendum with the bid, by identifying the addendum number and date in the space provided for this purpose on the bid form, or by letter. The acknowledgment must be received by the District with the bid packet.
Please note: No telephone request will be answered. Any non-compliant bid offered as a result of a verbal response to a telephone request will be rejected. Any protest based on such a rejection will not be heard!
2.0.6 Bid Acceptance:
The District reserves the right to reject any or all bids, to waive any informality and unless otherwise specified by the bidder, to accept any item on the bid. If a bidder fails to stipulate otherwise, it is understood and agreed that the District has sixty (60) days to accept.
2.0.7 Corrections:
All prices and notations must be in ink or typewritten. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent to the crossed-out error. Any correction shall be initialed in ink by the person making the correction. All initials will be explained in the margin or some other visible and appropriate place on the same page as the correction. The explanation need only be the full name of the person having initialed the correction and shall be printed in ink or typewritten.
2.0.8 Bid Pricing:
Each item will be listed and priced separately. The price shall be applicable to the bid unit specified. Payment term discounts will not be considered.
2.0.9 Brand Identification:
Brand identification is not applicable to this bid. Bidders must bid on the specific products cited in this Bid Document.
2.0.10 Liability:
Subsequent to the awarding of a contract the contractor will be liable for any expense, including legal fees, incurred by the District as a result of violations of the contract terms by any contractor (See Section 3.1.9 Default).
2.0.11 Submission of Bid:
Bids shall be submitted in compliance with the following criteria:
a. Bids must be submitted signed and sealed to the location specified on the Invitation to Bid. The bid file number, time and date of bid opening and the term, "Child Nutrition Milk Bid" shall be noted on the face of the envelope in the lower left corner. Return the bid forms in the enclosed pink envelope.
b. Bids delivered in Federal Express, UPS, or any other such deliverer's envelope shall be sealed in a separate envelope inside the deliverer's packaging. Failure to do this may cause the bid to be inadvertently opened and thus rejected. Bids sent via regular or express mail must be sent to the Office of Child Nutrition, Address, City, State Zip Code.
Fax bids will not be accepted.
c. Only bids submitted on bid forms furnished with this solicitation or copies thereof will be considered. Signed bid form must be original signature.
d. The bid contract must be used without alterations.
e. Section I, Invitation to Bid (Page 1), Bid Form (Page 2), and Debarment Certification Form (Page 3) shall be in a sealed envelope with the company name, bid file number and opening date on the outside of the envelope. It should be marked “Section I”.
f. Section V, “working papers”, should be placed in a separate, sealed envelope and marked “Section V” with the company name and bid file number on the outside of the envelope. Both Sections I and V shall be placed in envelopes as set forth above and both envelopes placed in a single envelope for mailing or delivery to the District. It shall not be necessary that any other sections of this document be returned with the bid. The envelope containing Section I and V shall be plainly marked in the lower left corner “Bid #XXXX” and shall have the name and return address of the bidding company appropriately shown on the face of the envelope.
2.0.12 Error in Bid:
In case of an error in the price extensions the Total Unit Cost (See Section V) will govern rather than the Extended Total. No bid will be altered, or amended after the specified time and date set for the bid opening.
The right to correct mathematical error shall be limited to correcting an extension error brought about when multiplying the Total Cost by the usage. Total Unit Cost shall be defined, for the purpose of this document, to mean the cost of a specific bid unit and is to include any applicable freight and the designated deliveries fees.
2.0.13 Award:
a. Contracts will be established between the lowest responsible, responsive bidder and District except as may otherwise be specified in the Invitation for Bid. Awards will be based on the total or bottom line on all items listed by region.
b. The District reserves the right to ascertain, subsequent to the bid opening, whether or not a bidder meets the requirements to be considered a responsible bidder. If it is determined that the bidder is not a responsible bidder and the determination is substantiated and justified to the satisfaction and approval of the District, bids submitted by that bidder will be rejected.
1. Delivery Ability:
Bidder must demonstrate or has demonstrated to the District the ability to promptly and efficiently deliver all the items on the bid list.
2.0. Capacity:
Bidder must demonstrate to the District that they have the physical as well as financial capacity to procure and store the merchandise covered by the contract in the volume necessary to efficiently administer the provisions of the contract.