VII. Subcontractors
The Contractor shall not subcontract for the total meal or for the assembly of the meal; and shall not assign, without the advance written consent of Enter Business Name Here. In the event of any assignment, the Contractor shall remain liable to Enter Business Name Here as principal for the performance of all obligations under this contract (FSMC Only).
VIII. Advertising and Public Relations
In order to ensure full and open competition, Requests for Proposals (RFP) and Invitations for Bid (IFB) will be publicized. Publications will be released to newspapers, media outlets and all other applicable internet sources. Electronic solicitations may be advertised via social media outlets and/or e-procurement sites. Enter Business Name Here shall notify the Procurement and Purchasing Compliance Officer with Bright from the Start of the advertisement no later than (14) days prior to posting. Unless otherwise required by law, Enter Business Name Here will not disclose contents of RFP or IFB prior to date of public release.
IX. Geographic Preference/Non-discrimination
Enter Business Name Here will not give geographic preference to any potential bidder due to locale. However geographic preference may be instituted when procuring locally grown and produced agricultural products (local area desiring to procure products must be specified).
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (English) or USDA Program Discrimination Complaint Form (Spanish) This form (AD-3027) is found online at: https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
- mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410
- fax: (202 690-7442 or
- email: program.intake@usda.gov.
This Institution is an equal opportunity provider
X. Bond Requirements
Bid bond guarantees will be required when contracting with a Food Service Management Company (FSMC) in the Summer Food Service Program (SFSP). Enter Business Name Here shall not require a bid bond unless a performance bond is also required. Food Service Management Companies must submit a bid bond in an amount not less than 5 percent and no more than 10 percent of the value of the contract for which the bid is made, as determined by YES Inc. and specified in the Invitation for Bid.
A ‘‘performance bond’’ will be executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. Whenever a FSMC formally contracts for food services with the sponsor, the FSMC shall obtain a performance bond and furnish a copy of it to the sponsor within 10 days of awarding the contract. The performance bond shall be in an amount ranging from a minimum of 10 percent to a maximum of 25 percent of the total value of the contracts.
XI. Record Keeping
Enter Business Name Here agrees to ensure all goods and services are properly procured and maintain all records relating to the purchase of goods and services and the procurement process.
The contractor shall maintain records supported by delivery tickets, invoices, receipts, purchase orders, production records for this contract, or other evidence for inspection and reference, to support payments and claims, and shall submit required reports to sponsor promptly at the end of each month, unless more frequent reports are required by the sponsor.
The books and records of the contractor pertaining to any procurement measures shall be available for a period of three years from the date of submission of Enter Business Name Here final claim for reimbursement, or until the final resolution of any audits, for inspection and audit by representatives of the State agency, representative of the U.S. Department of Agriculture, the Sponsor and the U.S. General Accounting Office at any reasonable time and place.
XII. Small Business/Minority, Women Owned Business
Affirmative steps shall be taken to ensure Small, Minority and Women Owned Businesses/Enterprises are utilized when possible. Affirmative actions include but are not limited to:
- Including qualified small, minority and women owned businesses on solicitation lists.
- When economically feasible, dividing total costs into smaller amounts to allow participation among small, minority and women owned businesses.
- Utilizing the assistance of the Small Business Administration and Minority Business Enterprise of Department of Commerce to publicize and solicit bid/proposal opportunities.
XIII. Procurement Policy Agreement
Principal/Program Contact as well as all Authorized Representative(s) of Enter Business Name Here agree to implement and enforce the terms specified in this Procurement Procedure as noted by the signatures below.