Produce Products

THE BOARD OF EDUCATION FOR DOUGLAS COUNTY SCHOOL DISTRICT 0001 (OMAHA PUBLIC SCHOOLS) INVITES BIDS ON: Produce Products BID NUMBER: 24-028 BID DUE: APRIL 4, 2024, at 2:00 PM CT Please include the bid number on all correspondence. 2 DISTRICT OPERATIONAL SERVICES NUTRITION SERVICES DIVISION 3215 CUMING STREET OMAHA, NE 68131-2024 PHONE 531-299-0230 BID NUMBER: 24-028 DATE ISSUED: MARCH 7, 2024 DATE DUE: APRIL 4, 2024 TITLE OF BID: Produce Products I. BID INVITATION: Douglas County School District 0001 (Omaha Public Schools) (“OPS” or “District”) invites qualified suppliers to submit bids on the Produce Products (herein referred to as a “Product” or collectively as “Products”) specified in the Bid Documents. The successful bidder or bidders (the “Contractor or Contractors”) will enter into a contract with OPS to supply the Products, which contract must be approved by the Board of Education in the event it is for $50,000 or more (the “Contract”). The term of the Contract will commence on

August 1, 2024 and end on July 31, 2025 (the “Term”). Bidders must provide on the Bid Form that is part of the Bid Documents pricing for the Products for the one year Term. That pricing shall be based on current Market Prices for each Product listed in the Bid Form. Bids must be submitted in accordance with the requirements stated in these Bid Documents. The Bid Documents include this Bid Invitation, the Bid Submission Instructions, the General Terms and Conditions, the Product Specifications, and the Bid Form (including Attachments A through C) and Exhibit 1. The Bid Documents are incomplete without all of these documents. II. BID SUBMISSION INSTRUCTIONS: To be considered, bids must be submitted in accordance with these bid instructions: 1. BID PREPARATION: All bids must be completed and submitted on the unaltered OPS bid form that is a part of the Bid Documents. DO NOT SUBMIT BIDS ON ANY OTHER FORM. Unless specifically allowed in the Bid Documents, only one bid form may be submitted by any bidder. All required blanks on the bid form for the Products being bid, including attachments, must be completed, all required attachments must be completed, signed where required and submitted with the bid. The signature page of the bid form must be completed and signed by an authorized representative of the bidder and also submitted with the bid. Please note that the quantities shown in Part A are estimates of the possible quantities of each Product that may be purchased from the successful bidder(s), but the amounts are not guaranteed and may vary from these estimates. The amount bid for each Product being bid that is listed on Part A of the Bid Form shall be the total cost to OPS for each of the Products specified, based on the bidder’s Market Prices for those Products that is in effect at the time the bid is submitted, but exclusive of the bidder’s proposed Handling and Delivery Charge, as defined below. Prices must be submitted for each item on the Bid Form that the bidder proposes to provide. If the bidder submits more than one price on any item, all prices for that item will be rejected. The Market Price shall remain the same and not change or vary because of the quantity of Product ordered by OPS. As used in the Bid Documents, the term “Market Price” shall mean that price that the bidders sells such Product at the time of pricing to its largest and best customers situated in the Omaha, Nebraska, metropolitan area, including all costs of any nature incurred by bidder with respect to the Product other than the Handling and Delivery Charge as defined below. It is expected by OPS that the Market Price will fluctuate during the Contract Term. In addition to prices listed by the bidder for the Products being bid, the Bidders must also include in Part A of the Bid Form the bidder’s proposed Handling and Delivery Charge that the bidder would charge for each Product order placed by OPS. As used in these Bid Documents, the term “Handling and Delivery Charge” means the proposed charge to OPS for preparing an OPS order for the particular Product for shipment, loading and unloading the OPS order from the delivery vehicle and the cost of actual delivery of the OPS order directly from the bidder’s facilities to the specified OPS sites in Omaha, Nebraska, F.O.B.. The Handling and Delivery Charge shall not include any production or acquisition costs, any packaging costs, any storage costs, any of bidder’s overhead or profit or any other bidder costs related to the Product, 3 unless specifically included as a part of Handling and Delivery Charges as defined in these Bid Documents. Other than the Product price as provided in the bidder’s bid and the Bidder’s proposed Handling and Delivery Charges, no additional amounts will be paid by OPS to the successful bidder for the Product delivered to OPS at the delivery point specified. The Products specified in Part A of the Bid Form are Products that will be provided based on the then Market Price (at the time the Purchase Order for the Product is issued) plus the Contractor’s quoted Handling and Delivery Charge. The Handling and Delivery Charge shall remain fixed and shall not be increased during the term of the successful bidder’s contract. Part C of the Bid Form allows the bidder to submit potential Product items that the bidder could supply for the USDA's Fresh Fruit & Vegetable Program (FFVP). This Part is optional and does not have to be completed for the bidder’s bid to be considered. (See Article IV, Section 10) Even though a particular manufacturer’s name or brand is specified in the Bid Documents, bids will be considered on other brands of equal or better quality, unless the Bid Documents clearly indicate that a particular brand or Product (NO SUBSTITUTE) is required. On all bids on which an alternate brand or Product is allowed to be proposed by a bidder, the bidder shall indicate clearly the Product on which it is bidding, and shall supply a sample or descriptive data, to be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. OPS reserves the right in its discretion to determine whether an alternate brand is acceptable. In the event the bid is for an item that requires a Safety Data Sheet (SDS), bidder shall include such SDS with bidder’s bid proposal. Bids that attempt to change, modify or add additional terms and conditions to the Bid Documents by conditioning a bid response upon the acceptance by OPS of contract terms attached to a bid response or referencing in a bid response certain contract terms on a web site shall be considered non-complying bids by OPS and may be rejected by OPS. 2. BID ATTACTHMENTS: The following attachments will need to be completed and submitted with the bidder’s bid proposal: a. Attachment A: Verification Form to Support USDA Buy American Requirements. Bidders must certify the percentage of U.S. agricultural product content in Products to be supplied to the District. This form must be completed and signed by an authorized representative of the bidder. (See Article II, Section4 and Article IV, Section 10 below). b. Attachment B: Lobbying Certification. This attachment must be completed and signed by an authorized representative of the bidder. c. Attachment C: The Bidder prepared map detailing the location of grower(s) who supply local produce, using OPS “local” definition, the name of each grower whose location is identified and the approximate month or other time period when the growers produce will be available for purchase. See Article II. Section 5. Failure to complete and sign, where required, all of the Attachments and submit these Attachments in the same sealed envelope or container with the bid of the bidder may result in the disqualification of the bidder. Exhibit 1, which lists the OPS building names and address of the various locations where the successful bidder(s) will be required to deliver the awarded Products and their duty hours may be retained by the bidder, does not need to be returned with the bid. 3. BID QUESTIONS: Any questions or requests for interpretation of these Bid Documents must be submitted in writing by email to NuSvcProduceQA@ops.org by 2:00 p.m. CT by MARCH 28, 2024. The communication requirements have been established by the District to ensure a fair and equitable process for all potential bidders. The email address listed above for questions is the only authorized location and representative of the District who can respond to questions regarding this bid. Questions submitted in any other manner, submitted to the wrong email address or submitted after the deadline for submission of questions will not be answered. Any attempt to communicate or contact any Board Member, employee, or consultant of the District on any manner having to do with any aspect of this bid may result in the disqualification of the bidder as a potential Contractor. Answers to questions will be provided to all potential bidders known to OPS to have requested the Bid Documents, without indicating which potential bidder submitted the question. 4. BUY AMERICAN REQUIREMENTS: Bidders must submit with its bid the attached Verification Form to Support USDA Buy American Requirements (Attachment A) for each Product for which a quote will be submitted. The form(s) must be completed and submitted with the bid for all Products being bid. Bidders may submit a request to bid a non-domestic 4 Product prior to submitting the bid by completing the appropriate section of the Verification Form to Support USDA Buy American Requirements. The request along with appropriate documentation must be submitted and approved by OPS Nutrition Services prior to the bid due date, so bidders should submit such request as soon as possible to allow sufficient time for OPS to review the request. The following are the primary reasons why an exception may be requested: a. The Product is not produced or manufactured in the U.S in sufficient reasonable and available quantities of a satisfactory quality, or b. Competitive proposals reveal the cost of a U.S. product is significantly higher than the cost of a non-domestic product. Prior to approving an exception, OPS Nutrition Services must consider whether there are other domestic sources for the Product; if there is a domestic Product that could be easily substituted; and whether bids for the Product are being solicited at the best time of year. Failure to complete and return the Buy American verification form, or to request an exception prior to the bid due date may disqualify the Product bid. 5. LOCAL GROWER INFORMATION: Bidder must also supply with its bid, as Attachment C, a map to OPS detailing the location of grower(s) who supply local produce, using OPS “local” definition, and the month the Produce from each grower would be potentially available. Additionally, the successful Bidder awarded the Contract must supply a monthly report listing local foods purchased, amounts, and price charged. Bidder must supply a list of Nebraska growers with its bid proposal as a part of Attachment C. OPS will give geographic preference to vendors of Produce grown within 240 miles of 3215 Cuming Street, Omaha, Nebraska, in determining the contract award. Any bidder submitting a quote for this Product within this geographic range will be awarded a 25% preference during bid evaluation, which translates to subtracting 25% of the Product's bid price for purpose of evaluating the bid for award. This is for bid evaluation purposes only and will not affect the price paid. 6. ASSURANCES THAT AFFIRMATIVE STEPS ARE TAKEN TO USE MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS: As required by 2 C.F.R. 200.321, it is the intent of the District to provide the maximum practical opportunities in its solicitations to small businesses, minority firms, women’s enterprises, and labor surplus area firms. 7. BID SUBMISSION: All bids must be submitted to OPS in a sealed, opaque envelope or container delivered via hand delivery, U.S. Mail or any other method of sealed bid delivery. Email, facsimile, telephone bids, and bids submitted in any other form, will NOT be accepted. For sealed bids, the bid name, bid number, date and time of submission of bids shall be noted on the exterior of the envelope or container containing the bid and on any outer packaging. Please also write your company name on the exterior of the envelope or container. Sealed bids must be submitted to the following location: Omaha Public Schools Department of District Operational Services 3215 Cuming Street Omaha, NE 68131-2024 The OPS District Operational Services office is located on the fifth floor of the OPS Teacher Administrative Center at 3215 Cuming Street. The OPS District Operational Services office hours are from 8:00 a.m. to 4:30 p.m. Central time, during the school year. The OPS District Operational Services office is closed on the weekends and during holidays recognized by OPS. 8. BID SUBMISSION DEADLINE: Bids are due at 2:00 p.m. Central time on the due date specified in the Bid Documents. Bids received after 2:00 p.m. Central time on the due date are considered late and will be returned unopened to the bidder. OPS is not responsible for ANY late bids received by U.S. Mail or any other method of sealed bid delivery. Regardless of how bids are submitted, the bid must be received by the time and date indicated on the Bid Documents. Please allow enough time for delivery by the method of delivery utilized. The risk of delivery rests solely on the bidder. The time clock maintained by the OPS District Operational Services Department shall be the official clock for determining when the time for submission of bids has closed. 5 9. BID WITHDRAWLS AND RESUBMISSIONS: After submission, a bid may be withdrawn by a bidder any time prior to 2:00 p.m. Central time on the due date. The withdrawal may only be done by the bidder by a hard copy sealed written withdrawal request, signed by an authorized representative of the bidder with the notation on the exterior of the envelope “Withdrawal of Bid” and the bid name and number indicated. The withdrawal must be delivered to the OPS District Operational Services office at the same address for the submission of bids and must be actually received by the OPS District Operational Services office prior to the deadline for submission of bids. An oral, telephonic, email or facsimile withdrawal is not acceptable and will be rejected. A bidder withdrawing a bid may re-submit a bid if done prior to the date and time the bids are due. All bids submitted and not withdrawn as specified in the Bid Documents shall remain open and be subject to acceptance for 90 days after the bid due date and may not be withdrawn prior to the expiration of such 90 day period. 10. BID OPENING: Bids will be opened and read aloud in public at OPS Operational Services Office, fifth floor, Omaha Public Schools, 3215 Cuming St., Omaha, Nebraska, immediately following the close of bidding. Bidders may be present for the bid opening. 11. INSPECTION OF PREMISES: As a part of its evaluation of bids submitted, OPS reserves the right to inspect the production and delivery facilities of the any bidder to ensure the bidder has the capability of producing and delivering the quantities of Products needed under sanitary and safe conditions. 12. BID AWARD: OPS reserves the right to reject any or all bids or any part thereof and to waive any technicalities or irregularities. The OPS Board of Education must approve any contracts of $50,000.00 or more. Except due to a holiday or an extenuating circumstance, the Board generally meets the first and third Monday of each month for approval of bids and purchases. OPS will either sign a contract with or issue an official purchase order to the successful bidder or bidders which will constitute the contract with OPS for the purchase of the Product or Products specified in the contract or purchase order and will incorporate by reference the Bid Documents. In the event of a conflict between the terms of the Bid Documents and the remainder of the contract or purchase order, the remainder of the contract or purchase order shall control. Approval or award of a bid by OPS or its Board of Education does NOT constitute a contract between OPS and the bidder, and no contract shall be deemed created, nor shall OPS be deemed obligated in any manner to any bidder, until such time as an official purchase order is issued to the successful bidder or a contract is signed by OPS with the successful bidder, as applicable. If the Bid Documents specify that a contract will be entered into with the successful bidder(s), OPS will submit to the successful bidder(s) after the bid award the contract form that will be utilized by the parties. The award will be made to the lowest responsive and responsible bidder(s) meeting all specifications and requirements based on the Product prices and Handling and Delivery Charges for the Products listed in Part A of the Bid Form (excluding, however, the list of additional proposed product items that the bidder may have added in Part A that were not listed by OPS in the Products to be bid in Part A). The lowest responsible bidder is the bidder who submits a qualifying bid with the lowest price for the Products to be bid, including the Handling and Delivery Charges, whose bid meets the specifications, terms, and conditions set forth in the Bid Documents, and who is clearly capable of delivering the Products or services specified. Therefore, the lowest responsible bidder(s) will not always be the bidder(s) who submitted the lowest monetary bid. Award of bids will be made in the best interest of OPS. In case the low bid for a Product is a tie bid by two or more responsible bidders, and subject to compliance with state and federal regulations and guidelines, the award will be made as follows: 1. The bid will be awarded to the in-county supplier. 2. The bid will be awarded to the in-state supplier. 3. If applicable, the bid will be awarded to the goods grown or raised in Nebraska. 4. If these preferences are insufficient for resolution, drawing lots in a public forum will resolve the tie. OPS reserves the right to award the entire bid to one bidder, to award portions of the bid to several bidders, to award bids for some Products, but not all Products or to reject some or all bids submitted. OPS also reserves the right to award bids by line item to more than one bidder, and/or any combination thereof. OPS reserves the right to award the bid to the bidder or bidders that OPS believes best suits its needs. 6 13. COLLUSIVE BIDDING: The bidder’s submission of its bid response is the bidder’s representation and guarantee to OPS that the prices quoted have been arrived at without collusion with any other eligible bidders and without an attempt to preclude OPS from obtaining the lowest possible competitive price, influencing the prices quoted by any other eligible bidder or discouraging other potential bidders from bidding. 14. SAMPLES: OPS reserves the right to request samples before bids are awarded. Delivery of samples and return of samples shall be the responsibility of the bidder. Samples consumed for evaluation shall be provided at no cost to OPS. Timely delivery of samples shall be the sole responsibility of the bidder. If samples are requested and not received, the bidder’s bid may not be considered. OPS reserves the right to request additional Product samples. Samples will not be provided to OPS employees for their personal use. 15. BID TABULATONS: Bid tabulations are available for review, by appointment, in the Purchasing Division offices. Copies of the bid tabulations are available. The cost for a bid tabulation copy is $5.00 for any tabulation up to 20 pages in length. There is an additional charge of $0.25 for each page in excess of 20 pages. Make checks payable to Douglas County School District 0001 Nutrition Services. Bidders may include a request for a bid tabulation copy with its bid response or may contact the OPS buyer to make a request. The OPS buyer will notify the bidder regarding the cost of the bid tabulation, once it is known. III. GENERAL TERMS AND CONDITIONS: The following terms and conditions, along with the remainder of the Bid Documents, will become a part of the contract or purchase order between the successful bidder(s) and OPS. The term “Contractor” as used in these General Terms and Conditions and the Product Specifications of the Bid Documents, means the successful bidder that is issued a purchase order by OPS or who contracts with OPS to furnish the Products or services being bid. 1. THE CONTRACT: The contract or an official purchase order of OPS that is issued to the Contractor will constitute the “Contract” with OPS for the purchase of the Product or service specified in the Contract or purchase order and will incorporate by reference the Bid Documents, including Contractor’s completed bid form (the Contract, the Bid Documents and the Contractors completed bid form are collectively the “Contract Documents”). In the event of a conflict between the Contractor’s completed bid form and the remainder of the Contract Documents, the remainder of the Contract Documents shall control. 2. TAXES: OPS is exempt from state and city sale taxes and no sales taxes shall be included in the bid or collected from OPS. The OPS tax-exempt number is 05-0597767. OPS will provide the Contractor with its tax-exempt form upon request. Where Federal statutes exempt OPS from the payment of excise or manufacturer’s taxes on materials or equipment, Contractors shall exclude the amount of any Federal excise or manufacturer’s taxes from its bid. 3. COMPLIANCE WITH THE LAW: Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations and codes in the performance of the Contract. Contractor shall have the necessary rights, licenses and approvals required to provide the specified Products and services. Contractor represents that it is not listed on the non- procurement portion of the General Services Administration's "List of Parties Excluded from Federal Procurement or Non- procurement Programs" in accordance with Executive Orders 12549 and 12689, "Debarment and Suspension" (See 45 CFR part 76.) as the same may be amended from time to time. By signing the Contract or accepting an OPS purchase order for such Products, the contractor is certifying to OPS that it is not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. Contractor certifies that the Contractor and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Nebraska or any agency of the Federal Government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch. 1 Subpart 9.4. Contractor will immediately notify OPS if contractor or any subcontractor is debarred or placed on the Consolidated list of Debarred, Suspended, and Ineligible Contractors by a Federal entity. 4. INVOICES: Invoices may not be submitted to OPS until the invoiced Products are delivered to and accepted by OPS as required by the Contract Documents. All invoices must be sent in duplicate to the OPS Nutrition Services Division. Invoices must be approved and processed 10 business days prior to the next Board of Education meeting date where approval is requested for payment. Payments are generally issued the Tuesday following the Board meetings on the first 7 and third Mondays of each month, except in those instances when the normal twice-monthly Monday Board of Education meeting is delayed due to a holiday or other extenuating circumstance. See the PRODUCT SPECIFICATIONS for additional invoicing requirements. 5. BUY AMERICAN PROVISION a. As required by the Buy American Provision, all food products must be of domestic origin as required by 7 CFR Part 210.21(d). b. OPS participates in the National School Lunch Program and School Breakfast Program and is required to use nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is produced and processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d). c. Exceptions to the Buy America Provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted in writing to a designated official a minimum of five days in advance of delivery. The request must include the: (1) Alternative substitute(s) that are domestic and meet the required specifications: i. Price of the domestic food alternative substitute(s); and ii. Availability of the domestic alternative substitute(s) in relation to the quantity ordered. d. Reason for exception: limited/lack of availability or price (include price): (1). Price of the domestic food product; and (2). Price of the non-domestic product that meets the required specification of the domestic product. e. Contractor shall comply with the Buy American Bid Process and Required Documentation, as attached. 6. CIVIL RIGHTS: Contractor will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended by the Equal Opportunity Act of 1972, all requirements imposed by or pursuant to the Regulations of the Department of Education (34 C.F.R. Part 100) issued pursuant to that title, the Pregnancy Discrimination Act of 1978, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education amendments of 1972, the Age Act of 1972, the Americans With Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122. Contractor agrees no person in the United States shall on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which OPS receives federal financial assistance from the Department; and hereby gives assurance that the Institution will immediately take any measures necessary to effectuate this Agreement. Contractor further agrees to comply with all applicable requirements of state and local laws, ordinances, and regulations regarding nondiscrimination in employment. Contractor agrees not to discriminate in its employment practices and will render services under this Agreement without regard to race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation, or economic status. Any act of discrimination committed by Contractor or failure to comply with these statutory obligations when applicable shall be a default under the Contract with the Contractor. 7. PRODUCTS FURNISHED: Unless otherwise specified by OPS, all Products and materials furnished by the Contractor shall conform to the specifications in the Contractor’s Bid Response. 8. EMPLOYMENT ELIGIBILITY: If the Contract with OPS requires physical performance of services in the State of Nebraska, as determined under Nebraska law, the Contractor awarded the Contract shall be required to register with and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986. Contractor shall contractually require all subcontractors performing work under such Contract to also register and utilize such electronic verification system. The Contractor awarded the Contract and all of such Contractor’s subcontractors shall use such electronic verification system to determine the work eligibility status of each new employee physically performing any services within the State of Nebraska under the Contract. Any person whom the electronic verification system determines is ineligible or not authorized to work in the United States shall not be permitted by Contractor nor any 8 subcontractor to perform services in Nebraska under such Contract. Contractor shall provide such reasonable documentation as OPS may request from time to time during the performance of the Contract and for 5 years thereafter documenting compliance with the provisions of this Section. Failure to comply with these provisions will constitute a default under any contract awarded by OPS. 9. INDEMNITY: Contractor, on behalf of itself and its successors and assigns, hereby agrees to indemnify, defend, and hold harmless OPS and its Board members, officers, agents and employees, from any or all losses, damages, claims, liabilities, judgments, costs and expenses (including reasonable attorney’s fees and expenses) arising out of or in connection with: (i) any act or omission of Contractor or Contractor’s agents, contractors or employees; (ii) any default, breach, violation or non-performance of the Contract between the Contractor and OPS or (iii) any injury to persons or property or loss of life caused by Contractor or by Contractor's agents, contractors or employees, other than any such claims that are caused solely by the negligent or intentional act or omission of OPS, or its employees, agents, or contractors. 10. USE OF TOBACCO PRODUCTS: There shall be no smoking or use of any tobacco or vaping products on/or within the property limits of OPS property. This regulation shall be enforced by the Contractor. 11. NO ASSIGNMENT: Contractor awarded the Contract or issued a purchase order shall not assign the Contract or any purchase order in whole or in part to any other person or entity without the prior written consent of OPS, which consent OPS may withhold in its sole discretion. No interest of Contractor in the Contract or purchase order shall be transferred by operation of law. 12. SUBCONTRACTING: If Contractor intends to utilize subcontractors for the performance of any services under the Contract Documents or the supply of any Products, OPS shall have the right to review any subcontractors that the Contractor intends to use for this Contract. Any approved subcontractor shall meet all requirements of the Contract Documents. Subcontractors selected by the approved Contractor will be the direct responsibility of such Contractor and not OPS. The responsibility for coordinating and managing the activities of a subcontractor lies with the Contractor and not OPS. 13. TERMINATION OF CONTRACT: In the event that the Contractor awarded the Contract or issued a purchase order fails or refuses to perform such Contract or purchase order according to its terms, or in the event such Contractor otherwise defaults in the performance thereof, OPS may, in addition to all other rights that it may have at law or equity, terminate such Contract or withdraw such purchase order by written notice to Contractor, and may enter into a contract with or issue a new purchase order to another vendor for the same Product or service. In that event, Contractor shall remain liable to OPS for all damages suffered by OPS due to such default, including any additional costs incurred by OPS in procuring substitute Products. Following thirty (30) days’ written notice, OPS may terminate the contract for convenience in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor awarded the Contract other than to pay for any Product properly delivered prior to termination and not yet paid. 14. NON-DISCRIMINATION: OPS does not discriminate on the basis of race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status in its programs, activities and employment and provides equal access to the Boy Scouts and other designated youth groups. The following individual has been designated to accept allegations regarding non-discrimination policies: Superintendent of Schools, 3215 Cuming Street, Omaha, NE 68131 (531-299-9822). The following persons have been designated to handle inquiries regarding the non- discrimination policies: Director of Equity and Diversity (equityanddiversity@ops.org), 3215 Cuming St, Omaha, NE 68131 (531-299-0307). 15. USDA NON-DISCRIMINATION: In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, OPS is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign 9 Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28- 17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: 1. Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or 2. Fax: (833) 256-1665 or (202) 690-7442; or 3. Email: Program.Intake@usda.gov This institution is an equal opportunity provider. 16. RECORD RETENTION REQUIREMENT (4 YEARS) AND ACCESS TO FILES: The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to OPS throughout the term of the Contract for a period of at least four (4) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Contractor shall permit the Auditor of the Omaha Public Schools Board of Education or any authorized representative of OPS, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of Federal or State government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronically or optically stored and created records or other records of the Contractor relating to orders, invoices, or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, OPS reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities. 17. COPYRIGHTS AND PATENTS: Patent and Copyright Infringement. (a) The Contractor shall report to OPS, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the contract of which the Contractor has knowledge. (b) In the event of any claim or suit against OPS on account of any alleged patent or copyright infringement arising out of the performance of the contract or out of the use of any supplies furnished or work or services performed under the Contract, the Contractor shall furnish to OPS, when requested by OPS, all evidence and information in the successful Contractor's possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of OPS except where the Contractor has agreed to indemnify OPS. (c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts. Patent Indemnity. (a) The Contractor shall indemnify OPS and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies or the performance of services under the contract, or out of the use or disposal by or for the account of OPS of such supplies. (b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by OPS of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to: (1) An infringement resulting from compliance with specific written instructions of OPS directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor; (2) An infringement resulting from addition to or change in supplies that was made https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf mailto:program.intake@usda.gov 10 subsequent to delivery or performance; or (3) A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction. 18. INVENTIONS AND DATA: Any papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases and other data and/or material which are produced under or as a result of the contract are to be deemed a "work made for hire", as such term is defined in the Copyright laws of the United States. As a "work made for hire", all copyright interests in said works will vest in OPS upon creation of the copyrightable work. If any papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases, or other material which produced under or as a result of the contract are deemed by law not to be "work made for hire", any copyright interests of the Contractor are hereby assigned completely and solely to OPS. The Contractor shall ensure that all papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases and other material which are produced under or as a result of the contract are clearly marked with a copyright notation indicating OPS as the sole copyright owner. All rights and ownership of materials produced under or as a result of the contract shall become the property of OPS upon payment of consideration specified herein. All papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases and other material prepared or prepared by the Contractor under the terms of the contract shall be delivered to, become and remain the property of OPS upon termination or completion of the contract. OPS’s requirements and regulations are applicable pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract and requirements and regulations pertaining to copyrights and rights in data. 19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (CFR 3016.36(I)6): Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 US.C. 327-330) as supplemented by the Department of Labor regulations (29 CFR Part 5). 20. ENERGY EFFICIENCY, CLEAN AIR AND CLEAN WATER: Contractor shall comply with all 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 (Public Law 94-163, 89 Stat.871). For all contracts, subcontracts, and subgrants in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C 1857(h), 42 U.S.C. 7401), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). 21. DATA AND PRIVACY PROTECTION: The Contractor acknowledges that in performance of this agreement OPS may provide Contractor with Personal Information which is defined in and protected under Nebraska Revised Statute sections 87-801 to 87-808. Contractor warrants, in accordance with Nebraska Revised Statute section 87-808, that Contractor has implemented and will maintain, throughout the term of the contract awarded hereunder, reasonable security procedures and practices that: (i) are appropriate to the nature of the personal information disclosed to Contractor; and (ii) are reasonably designed to help protect the personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure. This provision shall survive the expiration or termination of the contract. 22. PUBLIC BENEFITS: Contractor represents and warrants that it is not an individual or sole proprietorship. Therefore, Contractor is not subject to the public benefits attestation and related requirements of Nebraska Revised Statute sections 4-108 through 4-113. 23. GOVERNING LAW AND FORUM SELECTION CLAUSE: The laws of the State of Nebraska shall govern the interpretation and performance of the contract between OPS and Contractor, without regard to its conflicts of laws principles. Any action brought to enforce any provision of the Contract shall be brought in the state or federal courts located in Douglas County, Nebraska. IV. PRODUCT SPECIFICATIONS: The Contractor will be expected to furnish Products to and perform the services for OPS that comply with the following specifications: 1. PRODUCTS TO BE FURNISHED: Contractor agrees that it will supply to OPS, if and when ordered from Contractor by OPS during the term of the Contract, all of the Products listed in Contractor’s bid response that were awarded by OPS. The term of the Contract will commence on August 1, 2024 and end at the close of business on July 31, 2025 (the “Term”). Products will be ordered by OPS from time to time on an as needed basis and will only be procured though OPS Nutrition Services (NS) purchase orders. All Products delivered by Contractor MUST CONFORM with the Product Specifications in the Contract Documents and purchase order(s) issued by OPS. The Products supplied by Contractor 11 will be supplied to OPS at the Contractor’s then Market Price (as that term is defined in the Contract Documents) that is in effect as of the date of the OPS order for the Product. No substitutions of alternative Products will be shipped to OPS unless specifically approved in advance by the OPS Director of Nutrition Services or the Director’s designee. If approved by OPS, the substitute or alternative Product must be provided to OPS at the lesser of Contractor’s Market Price for the original ordered Product as of the date of the order or the Market Price of the substitute or alternative Product as of the same date. Products not meeting the Product Specifications or proposed substitute Products not approved by OPS prior to shipment are subject to rejection and/or non-payment. Products delivered will be fresh. Each case delivered must be labeled with traceability information. OPS reserves the right to purchase related items/services from the Contractor when necessary, provided the pricing granted is in accordance with the cost structure awarded for similar items/services. 2. QUANTITIES AND PRICING: Contractor will furnish the Products awarded by OPS to Contractor in quantities ordered from time to time by OPS through purchase orders issued during the Contract Term at the price specified in Contractor’s bid for the Products ordered. The Products specified in Part A of the Contractor’s Bid are Market Priced items to be delivered to OPS during the Contract Term based on the then Market Price plus the Contractor’s Handling and Delivery Charge stated in its bid, which Handling and Delivery Charge shall not change during the Contract Term. After approval by the Board of Education of the Contract with Contractor for the awarded Products and commencement of the Contract Term, OPS may issue purchase orders for Products at the then Market Price at any time and in any quantity during the Contract Term. The quantities of Products that are shown on Part A to the Contractor’s Bid Form are estimates only. OPS does not guarantee that it will purchase any specific quantity of any Product from Contractor. Any purchase order issued by OPS at or before the end of the Contract Term will be honored by Contractor even through delivery may occur after the end of the Contract Term and such Products and the delivery thereof shall be subject to all of the terms and conditions of the Contract Documents notwithstanding the expiration of the Contract Term. 3. DELIVERY: Contractor will begin deliveries of Products ordered by OPS at Contractor’s Market Prices beginning on August 1, 2024. School deliveries will begin on or about August 09, 2024. All Products ordered by OPS will be delivered directly to the individual location and at the time specified by OPS in the purchase order. Delivery may be made to OPS only after a valid OPS NS purchase order has been issued by OPS. In the event that the multiple orders of a Product are specified, a valid OPS NS purchase order will need to be issued for each order. All deliveries are F.O.B. the specified OPS delivery site in Omaha, Nebraska. The specific delivery site will be stated in the purchase order. The Market Prices for the Products plus the fixed Handling and Delivery charge shall be the only charge to OPS for the Products and includes delivery to the locations specified and no other charges for any other costs or expenses will be charged to OPS. Exhibit 1 that is a part of the Contract Documents shows the delivery locations and the times available for delivery, PROVIDED, HOWEVER, THAT DELIVERIES SHALL NOT BE MADE LATER THAN ONE HOUR BEFORE THE END OF THE SCHEDULED DUTY HOURS SHOWN for each facility on Exhibit 1. Times shown on Exhibit 1 are those currently in effect and are subject to change by OPS. Currently there are a total of 88 potential delivery locations, but that number may increase or decrease during the Contract Term and delivery locations and delivery frequency may be altered from time to time. The 88 schools are broken down into Group 1 schools (26 locations) and Group 2 schools (62 locations. The Group 1 schools are all OPS secondary schools and those OPS elementary schools with central kitchens, plus the TAC Cafe. In most instances, deliveries will be made to one or more of the Group 1 Schools. Products listed in Part B on the Contractor’s bid and any watermelons ordered by OPS, however, will be delivered to one or more of both the Group 1 and the Group 2 schools, based on the delivery instructions in the purchase order for the Product. There shall be no increase in the per item charge for any Products because of the increase or decrease of, or the change or addition to, any of the delivery locations or because of the quantity of any order. During the summer, delivery days and times may change. Changes to the agreed schedule must be approved by the OPS Director of Nutrition Services. An approved school calendar will be given to the Contractor for the school year. Arrangements for delivery schedule changes necessitated by non-school, no-lunch days will be coordinated for all schools through the Director of Nutrition Services. Individual schools will not communicate directly with the Contractor. Contractor must be capable of delivering all terms in a timely manner, and on short notice. Delivery schedule must meet the minimum delivery conditions which are stated in the Contract Documents and agreed to by OPS. If delivery is delayed, Contractor must contact Nutrition Services at 531-299-9861 as soon as possible, and prior to the original delivery time, to notify OPS and to discuss any changes to delivery times. A minimum delivery quantity may not be imposed by Contractor for any delivery and will not be permitted by OPS at any time, including summer deliveries. Contractor must adhere to any delivery date specified in the purchase order or in Contractor’s contract, if indicated. Delivery tickets will be provided by Contractor to each delivery location at the time of delivery. Delivery tickets must include date of delivery, school name, name of Product, pack size, 12 and the quantity of Product delivered. Ownership of all Products shipped to OPS passes to OPS at the time delivered and accepted by OPS at the delivery point. All risk of loss to any Products will remain with the Contractor until accepted by OPS at the delivery point. ALL GROUP 1 (SECONDARY SCHOOL AND CENTRAL KITCHEN) DELIVERIES MUST BE COMPLETED BY 8:00 AM. Group 1 Schools (Secondary Schools and Central Kitchens) will receive deliveries on Mondays, Wednesdays, and Fridays. In the case of a holiday, the produce delivery will occur on the next business day. 4. DELIVERY PRACTICES: All deliveries must be made to the school kitchens. Products are not to be left on the loading dock or in the hallways. Contractors must be mindful of student arrival and dismissal times, when there will be increased vehicle traffic. Central Kitchens have strict schedules to maintain to meet the needs of satellite schools. OPS trucks must have priority access to the docks and Contractor's deliveries shall not interfere with such access. Delivery schedules to the schools must not interfere with this process. 5. SUPPLY ISSUES. In the event of unusual weather conditions such as hurricanes, floods, droughts or other similar weather related issues that have an actual and material adverse effect on the production of the Products that Contractor has agreed to produce and provide to OPS, or that have such effect upon producers that have agreed to supply, or who could otherwise supply, Contractor with such Products, Contractor may request that the Director of Nutrition Services approve one or more of the following remedies: (i) allow the Contractor to increase its prices for the affected Products for the express purpose of allowing Contractor to acquire such Products from third parties at then Market Prices, or (ii) allow Contractor to provide the contracted Products to OPS at the contracted price, but in such reduced quantities as Contractor was able to produce or acquire; or (iii) be relieved of the obligation to furnish such Products so long as the adverse weather conditions persist to adversely affect production of such Products. As used herein, the term “material adverse effect” means that the weather conditions that have caused a material increase in the price of the Products; have materially reduced Product yields or have destroyed or damaged a significant portion of the Contractor's Product supply. Normal Market Price fluctuations occurring periodically during the Contract Term and price increases not directly and demonstrably occurring due to the unusual weather related conditions shall not be the basis for a request for a price adjustment or abatement of the obligation to provide the Products. Written documentation must be provided by Contractor to document and support the request, including descriptions of the weather conditions; the effect of those weather conditions upon the Contractor’s quality or quantity of Products available and efforts of the Contractor to mitigate the supply problems by procurement of the Products from alternative sources. Any such remedies allowed by OPS would only be in effect so long as the material adverse effect of such weather conditions continues to materially affect production and pricing of such Products, and when no longer having such effect, Contractor shall again be obligated to supply the Products at the Market Price and in the quantities required by the Contract with OPS. OPS may require Contractor to re-document such conditions from time to time for such remedies to continue. In the event that the Director of Nutrition Services determines that Contractor has experienced unusual weather conditions resulting in the Contractor’s supply problems, OPS will not be required to buy such Products from Contractor while the effects of the unusual weather conditions continue, but may obtain such Products from a substitute contractor at the then Market Price, without the necessity of having to declare the existing Contractor in default under its Contract. OPS must resume acquiring the Products from the original supplier once the effects attributable to the unusual weather conditions end. 6. FOOD SANITATION: Contractor will have an ongoing Hazardous Analysis Critical Control Program in place at all times. Hair restraints must be worn when products are being manufactured, packaged or cut. Proper food handling practices will be used. Products must be packed and stored under sanitary conditions, kept at the proper temperature, and handled in accordance with good commercial practices. Repackaged cases are not permitted. Food sanitation practices perceived as improper may result in termination of the Contract or purchase order. OPS reserves the right to request copies of Health Department Inspection Reports. 7. QUALITY AND PACKAGING: Products must be fresh and consistent excellent quality throughout the case (from top to bottom). Random sampling and testing of Products will be performed. If Products are found to be not as specified or of unsuitable quality, the Contractor will be notified and required to immediately correct any deficiencies at no cost to OPS. If unacceptable Products occur frequently or continuously, OPS reserves the right to terminate the Contract as determined to be in its best interest. Products must be furnished in clean, non-leaking containers. Cases provided are to be clean and in good repair. 13 8. ORDERING: Contractor must, at all times, maintain an online ordering system accessible to cafeteria managers and the Nutrition Services staff. The program must include only those Products which are approved to purchase by the Director of Nutrition Services. In the event that Contractor’s online system is inoperable, Contractor will arrange for Contractor’s drivers to pick up the cafeteria managers’ orders on Tuesday so that the Products can be delivered the following week. Changes to the pre-ordered quantities are to be permitted if made no later than two business days prior to scheduled delivery. Contractor acknowledges that all Products listed in the Contractor’s Contract with OPS that are ordered by OPS during the Contract Term through an electronic ordering system, are ordered subject to all terms, conditions and obligations in the Contract Documents. 9. LOCAL PRODUCTS: Nutrition Services is committed, whenever economically and logistically feasible, with everything being equal, to purchase locally produced foods. The definition of “local” means Products produced in Nebraska and within 240 miles of 3215 Cuming Street, Omaha, NE. The District may collaborate with grower(s) to supply local product directly to a school(s). In addition, during the month of September, Nutrition Services prefers to feature local product during the Taste It! Try It! Fruit and Veggie of the Month. Product must be insect free and washed, and in clean containers. OPS believes it is important for students to know where their food comes from, especially when it is from local producers. 'Nebraska Thursdays' promotion, which is featured on the first Thursday of each month, features locally sourced Nebraska Products. OPS participates in Nebraska Thursdays and highlights all Products produced in Nebraska. Monthly reports must be provided by Contractor to Nutrition Services listing the Product, quantity, and pricing of all items produced in Nebraska. Report is due one week after the end of each month. 10. FRESH FRUIT AND VEGETABLE PROGRAM: Some OPS schools will be enrolled in USDA's Fresh Fruit & Vegetable Program (FFVP). For those schools, the Products will be delivered direct to each school on the date the Product is needed. Deliveries shall be two or three times per week. These schools will have a fruit or vegetable snack for every child. The FFVP menu will be a collaboration between Nutrition Services and the Contractor for planning purposes and to solicit suggestions of local, seasonal, and cost-effective items. An increased variety of Products will be necessary to introduce children to healthy options. Produce that is bulk packaged, individually packaged, or ready to eat, or single serving size may be utilized in the FFVP due to the time constraints to avoid loss of instructional time and labor restrictions when financially feasible. The Contractor will not limit the selection of Products and packaging. 11. DOD PRODUCE PROGRAM: Nutrition Services may participate in the Department of Defense (DOD) Produce Program during the Contract Term. 12. COUNTRY OF ORIGIN: Contractor must supply the Director of Nutrition Services a weekly report listing the country of origin for all Products furnished. The report is due five (5) working days prior to the week the deliveries will occur. When U.S.A. grown Products are not available, the vendor must include the reason why USA Products are not available and the pricing. Weekly Market Price reports must be sent electronically to the Director of Nutrition Services. For Market Priced items, the Contractor will notify the Director of Nutrition Services of any Product that is cost-prohibitive to purchase or if a less expensive product is available. Prices for Market Priced items are to be adjusted weekly or as the market dictates. Five days prior to the start of the week, the Contractor must supply the weekly price report to the Director of Nutrition Services and others as designated. The Nutrition Services Department reserves the right to view the Contractor’s current invoices from their suppliers, as a method of auditing the contract. Failure to submit the requested invoices may result in termination of contract. 13. SAFETY DATA SHEETS: Contractor shall furnish OPS with at least one hard copy of safety data sheets (SDS) as stated in 29CFR 1910.1200 or under the GHS, for each product, chemical substance, mixture, preparation or material requiring a SDS directly to Omaha Public Schools, Nutrition Services, 3215 Cuming St, Omaha, NE 68131. Electronic submittals are also acceptable – send to safetydatasheets@ops.org. Contact Environmental at 531-299-0180 for further directions. 14. INVOICING: Invoicing must be by electronic means. a. Date requirements, at this time, and locations, do not double space, as follows: Invoice Number 1-7 Numeric 8-8 Unused (always blank) Invoice Date 9-14 (mmddyy) 14 15-15 Unused (always blank) Item Number 16-22 Numeric 23-23 Unused (always blank) Org Number 24-27 OPS School Number 28-28 Unused (always blank) Quantity 29-32 Quantity order for this item 33-34 Unused (always blank) Amount 35-41 Numeric 42-44 Unused (always blank) Item Cost 45-51 Numeric 52-53 Unused (always blank) Description 54-70 Item Description b. Payment of invoices are made twice each month following approval by the Board of Education. c. No Saturday delivery dates. Invoice date must be the same as the delivery date. d. Invoices for the FFVP must be marked separately. e. If there is a shortage or error in goods received, Nutrition Services will give notice within one (1) business day that a correction will be made on the invoice. 15. BUY AMERICAN ACT POST BID REQUIREMENTS: Contractor shall be required to follow the procedure outlined herein to ensure that only foods that contain 51%, or greater, U.S. agricultural products are provided for use in meals served by OPS pursuant to the Buy American provision (7 CFR Part 210.21 (d)) of the National School Lunch Act. Contractor will do or perform the following requirements: a. Contractors are expected to provide the domestic Products they were awarded throughout the Contract Term. b. Contractors may request that OPS Nutrition Services grant an exception to allow substitution of a non- domestic Product during the Contract period if satisfactory documentation related to a reason referenced in Subsections 5c(1)i or 5c(1)ii of the General Terms and Conditions is provided to OPS. c. All documentation related to seeking an exception must be submitted and approved by OPS Nutrition Services PRIOR to shipment of any non-domestic Product to school sites. d. Any non-domestic Product delivered to a site without the prior written approval from OPS Nutrition Services shall be rejected and removed from the OPS facilities at the Contractor’s expense. OPS Nutrition Services will conduct periodic reviews of all storage facilities, freezers, refrigerators, dry storage, and warehouses, including during the monthly inventory process and routine visits to monitor compliance with the Buy American requirement. Only Products receiving a prior exception should be found in storage facilities, freezers, refrigerators, dry storage, and warehouses. For purposes of the Buy America requirements, a “Domestic Commodity or Product” is: • An agricultural commodity that is produced in the United States or its territories. • A food product that is processed in the United States using substantial agricultural commodities in which over 51% of the final processed product consists of agricultural commodities that were grown domestically. (United States territories where agriculture products are allowed to be grown include: Guam, American Samoa, Virgin Islands, Puerto Rico and the Northern Mariana Islands.) See Attachment B for the Buy America verification form. 15 BID FORM BID NO.: #24-028 Produce Products Proposal of , a [___] corporation organized and existing under the laws of the State of ; a [___] limited liability company organized and existing under the laws of the State of ; a [___] partnership, organized and existing under the laws of the State of ; or an [___] individual (check appropriate box). TO: Omaha Public Schools (OPS) Purchasing Division 3215 Cuming Street Omaha, Nebraska 68131-2024 The undersigned, having familiarized itself with conditions affecting the cost of furnishing the Produce Products specified and the delivery costs thereof hereby proposes and agrees to furnish the Produce Products as listed below, as and when ordered by OPS, at the prices listed below, in strict compliance with the Bid Documents. The undersigned further certifies that the firm is capable of performing the contract with OPS if awarded the bid for all or some of the Produce Products that the undersigned has bid as indicated in this Bid Form and can meet the needs and requirements of OPS, that it understands the requirements of the Bid Documents and that other factors specified in the Bid Documents, in addition to the cost of products, may be considered in determining the successful bid or bids. The undersigned further acknowledges that once the bid is opened, it shall remain open and subject to acceptance by OPS for ninety (90) days and may not be withdrawn or modified prior to the expiration of such ninety (90) day period. The undersigned further acknowledges that OPS reserves the right to reject any or all bids and any part thereof and to waive all technicalities. The undersigned represents and warrants that it is not an individual or sole proprietorship. Therefore, the undersigned is not subject to the public benefits attestation and related requirements of Nebraska Revised Statute sections 4-108 through 4-113. Contractor certifies to OPS that it is not debarred, suspended, nor has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. 16 Contractor proposes to furnish to OPS the following Products at the prices stated, for the entire Contract Term with OPS. Part A – Market Priced Products -- The Produce Products listed below are to be proposed by bidder at Market Price plus a Handling and Delivery Charge. Bid the Handling and Delivery Charge as a separate cost item and is to include the cost of delivery to the specified OPS locations. Include the cost for the Products listed below as they were priced at the time the bid was submitted (All pricing has to be for the same time period). Documentation on pricing may be requested by OPS as needed to verify information. State the pack size if different from what is listed below. Prices must include any and all other charges. Please specify Handling and Delivery Charge per unit (case or container): ________________________Dollars ($_________) Product 2024-2025 Usage Estimates* Vendor Item # (This is required) Alternate Pack Size Cost (excluding Handling and Delivery Charge) Apples, U.S. Fancy, Granny 113 ct case 850 Apples, U.S. Fancy, Red, Delicious 100 ct case 470 Apples, U.S. Fancy, Red, Delicious 125 ct case 400 Apples, U.S. Fancy, Red, Delicious 175 ct case 600 Apples, Locally Grown (specify variety, pack size and months available) a. b. c. d. Asparagus, cleaned, 5lb bag 100 Banana, U.S. Fancy 40lb Carton, Green Tip, stage 4 5500 Banana, U.S. Fancy, Petite, Single, Green Tip, Stage 4 150 ct case 5500 Beets, 1” x 1” chunk, 5lb bag 1000 Blueberries, Pint, 12 pints per case 100 Broccoli Crowns, 20/lb. case 100 Broccoli Florets, Fresh, Raw, Cleaned, Vendor Bag, 4/3lb case. 3000 Brussel Sprouts, Halved, Cleaned, 5lb Bag 100 17 Cantaloupe, Whole, Cleaned, Chunks 1” x 1” 4/5lb case. 220 Carrots, Coins 4/5lb 100 Carrots, Petite Bites, Fresh, Raw, 4/5lb case 4600 Carrots, Petite Bites, Fresh, Raw, minimum 25 lb. Bulk case 4000 Carrots, Slims, IW 100/2.0 oz. (Carroteenies) 350 Carrots, Whole, Raw, 50lb 100 Cauliflower Florets, Fresh, Raw 2/3lb 1100 Celery, Sticks, 4" length, minimum 7 day shelf life upon delivery. 4/5lb case 250 Celery, U.S. #1 Pascal, Naked, 30/36 ct 100 Corn, Fresh Husked, Halved, 50 ct. 1100 Cucumber, Fresh, Whole, Clean, 50lb 1250 Grapes, Lunch Bunch Brand, 21lb. No Substitute. 2100 Iceberg Lettuce, Shred, 1/8" Cut 4/5lb case 100 Jicama Sticks, Raw, Cleaned, 5lb Minimum 900 Kiwi, whole, 90 count case, 18# case 1000 Lettuce, Green Leaf, Raw, Cleaned Singles, 7 day shelf life upon delivery, minimum 10lb 450 Lettuce, Iceberg-Romaine Blend, mix of 50% each 4/5lb case, no color 100 Lettuce, Iceberg Shred, 1/8" Cut 4/5lb case, no color. 750 Lettuce, Romaine, Chopped, 4/5lb case, no color 2400 Microgreens, Pea Shoots, 1lb pack size Mushrooms, Button, Cleaned, 5lb bag 250 Onion, Large, Yellow, 50lb 100 Onion, Medium, Yellow, 50lb 100 Oranges, Whole, Meets or Exceeds U.S. Fancy, 113 ct 300 18 Oranges, Whole, Meets or Exceeds U.S. Fancy, 138 ct 100 Oranges, Whole, Meet or Exceed U.S. Fancy 88 ct case 1700 Peppers, Green, Fresh, Raw, Diced 3/8", 5lb case 100 Peppers, Whole, Green, 25lb 150 Potato, Baker, 100 ct 100 Potato, Red, A, 50lb 100 Potato, Red, B, Quarters, 20lb 100 Potato, Russet. Diced, 1" x 1" x 1", 4-5lb bags 2700 Radishes 14/1lb 130 Raspberries, Pint, 12 pints per case 100 Red Swiss Chard, 12 count Case 100 Snow Peas, Cleaned, 10lb 100 Spinach, Cello, 4/2.5lb 1800 Squash, Diced, Butternut, 20lb, 1" x 1" x 1", 4-5lb bags 1100 Squash, Sliced 1/4", Butternut, 4-5lb bags 100 Squash, Yellow, 20lb 100 Strawberries, Pint, 12 Pints per Case 100 Sugar Snap Peas, whole, Cleaned, 5lb Bag 100 Tangerines, 80 count case 100 Tomato, Fresh, Large, 6x6 25lb case 350 Tomato, Sweet Grape, Bulk 25lb case 2500 Tomato, Sweet, Grape, 12 ct. 5700 Watermelons, Red, Seedless, Each, List size_________lb. 550 Zucchini, Green, 10lb 250 19 Product Vendor Item # (This is required) Alternate Pack Size Cost (excluding Handling and Delivery Charge) Beans, Green, Trimmed 1lb 100 Asparagus, Whole, Cleaned, 1lb 100 Peppers, Red, Raw, Medium, Whole, 1lb 100 Peppers, Red, Raw, Diced 3/8”, 5lb 100 Mustard Greens, Trimmed, 1lb 100 Cabbage, Nappa Chunks, 3lb 100 Kale, Fresh, Trimmed, 1lb 100 Parsnips, Whole, Cleaned, 1”x1” Cubed, 4/5lb case 100 Lemons, Whole, 35# case 100 Limes, Whole, 175 ct 100 Peaches, Whole, 80 ct 100 Plums, Red, 2-inch diameter 100 Pears, Whole, 150 ct 100 Blueberries, Pint, 12/case 100 Clementines, 20# case 100 Honeydew Melon, Whole, Cleaned, 4/5lb case 100 Honeydew Melon, Cleaned, ## inch cube, case 100 Nectarines, Whole, 88-96 ct 100 Apples, Gala, 100-125 ct 100 Apples, Jonathan, 100-125 ct 100 Apples, Jonathan, 163-175 ct 100 20 Please list below any additional items not listed above on Part A that your firm would supply to OPS if ordered by OPS. Product Vendor Item # Alternate Pack Size Cost (excluding Handling and Delivery Charge) 21 Part B - Listed below are the items which may be purchased throughout the year. Provide description, size, current pricing and a picture of each item. Delivery of the below items must be to each school. The bid price must be the total cost to OPS for each Product ordered and shall include all Handling and Delivery Charges for delivery to each OPS location specified by OPS. Single Serving 1/4 cup (2 oz.) Price 1/2 cup (4 oz.) Price 5 lb. Price Berries, Mixed Cantaloupe, Cubed 1/2" Cube Grapes, Red, Seedless Mango, Cubed, 1/2" Cube Pepper, Strips, Green Tomato, Grape Watermelon, Cubed, 1/2" Cube Pineapple Chunks, 1/2" Chunk Apple Wedges, Red Delicious, Sixth Cut Part C (Optional) - Provide examples of items which will be available as Fresh Fruit and Vegetable Program (FFVP) options. Provide description, size (bulk or IW), current prices, and a picture of each item. (Attach additional sheets if necessary) Product Description Size Current prices [Signature page follows] 22 SIGNATURE PAGE BID NO: 24-028 COMPANY NAME: ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX: E-MAIL: SIGNATURE: Bids must be signed to be valid. PRINTED NAME: TITLE: DATE: State Attachments Attached to this Bid Form are the following attachments that will need to be completed by the Bidder for the Produce Products that it is bidding: • Attachment A -- Verification Form to Support USDA Buy American Requirements • Attachment B -- Lobbying Certification • Attachment C – Bidder prepared map detailing the location of grower(s) who supply local produce, using OPS “local” definition. Include in the map the names and locations of the Nebraska based growers and the approximate time period when the grower’s produce will be ready for sale. Acknowledge Receipt of Bid Addendum: No._________________ Date______________________________ No._________________ Date______________________________ No._________________ Date______________________________ BID NO: 24-028 Produce Products and delivered or mailed to: Omaha Public Schools Department of District Operational Services 3215 Cuming Street Omaha, Nebraska 68131 BY 2:00 PM (CT) on APRIL 4, 2024 23 Attachment A Verification Form to Support USDA Buy American Requirements To be considered for an award from this solicitation, bidders must certify the percentage of U.S. agricultural product content in products to be supplied to Omaha Public Schools. If you are unable or unwilling to make such certification, Omaha Public Schools reserves the right to disqualify the product bid. The undersigned certifies that the following Products being bid by the undersigned has/have at least 51% U.S. agricultural products content [list products below]: OR The undersigned is requesting an exception to the Buy American requirement for the following Products: because: (CHECK ONE) a.____ The Product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; or b. ____ Competitive bids reveal the costs of a U.S. Product are significantly higher than the non-domestic Product. SATISFACTORY DOCUMENTATION FROM THE MANUFACTURER MUST BE ATTACHED FOR EITHER REQUESTED EXCEPTION. Name of Organization: _________________________________ Name of Authorized Official: _________________________________ Signature: _________________________________ Date: _________________________________ 24 ATTACHMENT B NUTRITION SERVICES DIVISION DISTRICT OPERATIONAL SERVICES DEPARTMENT 3215 CUMING STREET OMAHA, NEBRASKA 68131-2024 (531) 299-0230 FAX: (402) 557-2239 LOBBYING CERTIFICATION Certification for Contracts, Grants, Loans, and Cooperative Agreements BID NUMBER: DATE AND TIME DUE: 24-028 APRIL 4, 2024 2:00 PM CT DATE ISSUE: TITLE OF BID: MARCH 7, 2024 PRODUCE PRODUCTS SIGNED RESPONSE IS REQUIRED. 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 an 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any 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 contract, grant, loan, 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization Name Name of Authorized Official (print name) Signature Date 25 ATTACHMENT C Bidder Prepared Map 26 Exhibit 1 Delivery Locations SECONDARY SCHOOLS, ELEMENTARY SCHOOLS WITH CENTRAL KITCHENS AND TAC CAFÉ (26 LOCATIONS) (“Group 1 Schools”) SCHOOL SCHOOL ADDRESS DUTY HOURS Benson High 5120 Maple Street 6:00-2:30 Beveridge Middle 1616 South 120th Street 6:00-2:30 BlueStem Middle 5910 S. 42nd Street 6:00-2:30 Bryan High 4700 Giles Street 5:30-2:00 Bryan Middle 8210 South 42nd Street 6:00-2:30 Buena Vista High 5616 L St 6:00-2:30 Buffett Middle 14101 Larimore Ave 6:00-2:30 Burke High 1200 Burke Blvd 6:00-2:30 Central High 124 North 20th Street 5:45-2:15 Davis Middle 8050 North 129th Ave 6:00-2:30 Gateway Elementary 5610 South 42nd Street 6:00-2:30 Hale Middle 6143 Whitmore 6:00-2:30 King Science Center 3720 Florence Blvd 6:00-2:30 Lewis & Clark Middle 6901 Burt Street 6:00-2:30 Marrs Middle 5619 South 19th Street 6:00-2:30 McMillan Magnet 3802 Redick Street 6:00-2:30 Monroe Magnet 5105 Bedford Ave 6:00-2:30 Morton Middle 4606 Terrace Drive 6:00-2:30 Norris Middle 2235 South 46th Street 6:00-2:30 North High 4410 North 36 Street 6:00-2:30 Northwest High 8204 Crown Point Ave 6:00-2:30 Skinner Magnet 4304 North 33rd Street 6:00-2:30 South High 4519 South 24th Street 6:00-2:00 Standing Bear 15860 Taylor Street 6:00-2:30 Westview High 15800 Summit Plz. 6:00-2:30 TAC Café 3215 Cuming Street 6:30-2:30 ELEMENTARY SCHOOLS WITHOUT CENTRAL KITCHENS (62 LOCATIONS) (“Group 2 schools”) SCHOOL SCHOOL ADDRESS DUTY HRS Adams Elementary 3420 North 78th St 7:00-2:30 AP/Robbins Elementary 5050 South 51st St 7:00-2:30 Bancroft Elementary 2724 Riverview Blvd 7:00-2:30 Beals Elementary 1720 South 48th St 7:00-2:30 Belle Ryan Elementary 1807 South 60th St 7:00-2:30 Belvedere Elementary 6224 North 37th St 7:00-2:30 Benson West Elementary 6652 Maple 7:00-2:30 Boyd Elementary 8314 Boyd St 7:00-2:30 Castelar Elementary 2316 18th St 7:00-2:30 Catlin Elementary 12736 Marinda 7:00-2:30 Central Park Elementary 4904 North 42nd St 7:00-2:30 Chandler View Elementary 7800 South 25th St 7:00-2:30 Columbian Elementary 330 South 127th St 7:00-2:00 27 Conestoga Elementary 2115 Burdette St 7:00-2:30 Crestridge Elementary 818 Crestridge Rd 7:00-2:30 Dodge Elementary 3520 Maplewood Blvd 7:00-2:30 Druid Hill Elementary 4020 North 30th St 7:00-2:30 Dundee Elementary 310 North 51st St 7:00-2:30 Edison Elementary 2303 North 97th St 7:00-2:30 Field Club Elementary 3512 Walnut St 7:00-2:30 Florence Elementary 7902 North 36th St 7:00-2:30 Fontenelle Elementary 3905 North 52nd St 7:00-2:30 Forest Station Elementary 1010 Childs Rd. W. 7:00-2:30 Franklin Elementary 3506 Franklin 7:00-2:30 Fullerton Magnet Center 4711 North 138th St 7:00-2:30 Gifford Park Elementary 717 North 32nd St 7:00-2:30 Gilder Elementary 3705 Chandler Rd 7:00-2:30 Gomez Heritage Elementary 5101 South 17th St 7:00-2:30 Harrison Elementary 5304 Hamilton St 7:00-2:30 Hartman Elementary 5530 North 66th St 7:00-2:30 Highland Elementary 2625 Jefferson St 7:00-2:30 Indian Hill Elementary 3121 "U" St 7:00-2:30 Jackson Elementary 620 South 31st St 7:00-2:30 Jefferson Elementary 4065 Vinton St 7:00-2:30 Joslyn Elementary 11220 Blondo St 7:00-2:30 Kellom Elementary 1311 North 24th St 7:00-2:30 Kennedy Elementary 2906 North 30th St 7:00-2:30 King Elementary 3706 Maple 7:00-3:00 Liberty Elementary 2021 St. Mary's Ave 7:00-2:30 Lothrop Magnet Center 3300 North 22nd St 7:00-2:30 Masters Elementary 5505 North 99th St 7:00-2:30 Miller Park Elementary 5625 North 28th St 7:00-2:30 Minne Lusa Elementary 2728 Ida St 7:00-2:30 Mount View Elementary 5322 North 52nd St 7:00-3:00 Oak Valley Elementary 3109 Pedersen Dr 7:00-2:30 Pawnee Elementary 7310 South 48th St 7:00-2:30 Picotte Elementary 14506 Ohio St 7:00-2:30 Pine Elementary 810 Pine St 7:00-2:30 Pinewood Elementary 6306 Redick Ave 7:00-2:30 Ponca Elementary 11300 North Post Rd 7:30-2:00 Prairie Wind Elementary 10908 Ellison Ave 7:00-2:30 Rose Hill Elementary 5605 Colby St 7:00-2:30 Saddlebrook Elementary 14850 Laurel Ave 7:00-2:30 Sherman Elementary 5618 North 14th Ave 7:30-2:30 Spring Lake Elementary 1001 Fort Crook Rd N, Bellevue 7:00-2:30 Springville Elementary 7400 North 60th St 7:00-2:30 Sunny Slope Elementary 10828 Old Maple Rd 7:00-2:30 Wakonda Elementary 4845 Curtis Ave 7:00-2:30 Walnut Hill Elementary 4355 Charles St 7:00-2:30 Washington Elementary 5519 Mayberry St 7:00-2:30 Western Hills Elementary 6523 Western Ave 7:00-2:30 Wilson Focus School 5141 "F" St 6:30-2:30