INVITATION FOR BID

NEWARK PREP CHARTER SCHOOL 570 Broad Street Newark, NJ 07102

FOOD SERVICE VENDOR VENDED MEALS FOR BREAKFAST AND LUNCH

SUBMISSION DATE: Friday, December 28, 2012 10:00 am

January 14, 2013 – June 30, 2013

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GENERAL INSTRUCTIONS TO BIDDERS 1. The date and time of the IFB opening is 10:00 am on Friday, December 28, 2012 at the Newark Prep Charter School at 570 Broad Street, Newark, NJ. All bids must be in writing; no IFB can be accepted via electronic transfer. 2. All bids must be delivered or mailed to 570 Broad Street, Newark, NJ 07102 in sealed envelopes which will be appropriately identified and marked with the name of the category being proposed. The school will be open the week of 12/17 – 12/21; closed 12/24 – 12/27 and open from 8:30 am 12/28 for bid opening. Any bids received that are not in a sealed envelope will be returned. The envelope shall include all required documents. The Board assumes no responsibility for delay in mails or personal delivery of bids. No bids received after the time fixed for receiving them will be considered. Late bids will be returned to the bidder unopened. Bidders must provide two copies of the bid. 3. No IFB will be accepted unless the required affidavits are appropriately executed and submitted with such IFB. Bids shall be made upon the forms provided. Do not change the wording of the IFB Form and do not add words to the wording of the IFB Form. Unauthorized conditions, limitations, or provisions attached to the bids shall be a cause for rejection of the bids. 4. The Board reserves the rights to reject any and or all bids or to accept a IFB that in its judgment will best serve the interest of the Board of Trustees 5. All requests for IFB issued by the above named charter school will bind bids to the conditions and requirements set forth in these general instructions and such instructions will form an integral part of each purchase contract by the charter school. 6. The Board reserves the right to waive any non-material defects or informalities in any IFB should it be deemed to be in the best interests of the charter school to do so. 7. Provisions set forth herein are contractual in nature to become effective upon the awarding of all or any part of the items listed in the IFB. No provisions can be changed without written consent for the Board of Trustees or its authorized representative. 8. Newark Prep Charter School is a tax-exempt public institution; therefore, no state sales taxes should apply. 9. The Undersigned Proposer agrees to commence providing service in accordance with the attached school calendar from Newark Prep Charter School. 10. If any person submitting an IFB for the provision of food services is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in or omissions from any part of the Contract Documents, he should email all questions to [email protected]. Any interpretation or correction of the Contract Documents will be made only by email and will be sent to each Proposer of record. 11. Before award is made to a Proposer not a resident of the State, such proposer shall designate a proper agent in the State on whom service can be made in the event of litigation. 12. If the successful proposer is a corporation not organized under the laws of New Jersey, the award of Contract and payment of consideration there under shall be conditioned upon the Corporation promptly filing a certificate of doing business in the State of New Jersey pursuant to N.J.S.A. 14A:15-3 and complying with the provisions of N.J.S.A. 14A:4-5.

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13. Awards shall be made by resolution of the board within 60 days of the bid opening SCOPE OF SERVICE Newark Prep Charter School, an approved Charter School by the state of New Jersey Department of Education is looking for a food service vendor who will provide a complete breakfast and lunch program. Approximately 85% of the students are eligible for free or reduced meals in accordance with the guidelines established by the National School Lunch program. The school wants a vendor that can provide both hot and cold meals. The school desires a complete program that is nutritious appealing and delicious with little to no preservatives and a minimal amount of processed foods. Foods should be hormone free. Important also, is a wide variety of fresh foods giving students the option to explore healthy food choices that they may not have been exposed to. In addition, the meals components must be in accordance with the new school meal patterns. The school presently has 180 students in grade 9. Presently, the school orders 50 breakfasts and 180 lunches per day. The food service vendor shall allow for NPCS to place orders for vended meals on at least a weekly basis. The vendor should allow for school choice menu selection from which NPCS will select its preferred vended meals to order, which should always provide a dairy-free option for students when necessary. No peanuts are to be used in food preparation (some of our students are/may be highly allergic to nuts). Vendors who provide a pre-planned menu must allow substitutions based on NPCS’s preferences and feedback. Quantity updates must be allowable to permit NPCS to purchase different quantities of food on different days, based on school events, student participation and other factors that may influence student attendance. The school has both refrigeration and a warming oven. The vendor needs to be flexible enough to provide bagged lunches for students if advance notice is given for field trips. Food preparation and distribution to students by NPCS must require minimal staff efforts as NPCS employs only one food service employee. The vendor must provide the entrée component of the vended meals as individual, unitized items packaged in sealed, leak proof containers for direct distribution to students. While the remaining food components may be vended in bulk quantities, they too should be packaged when applicable (i.e. bags of apple slices, bags of baby carrots, etc.). The vended meals must be accompanied by any required eating utensils, condiments, paper goods, etc. The vendor shall deliver all meals and snacks daily, in accordance with the attached school calendar no later than 7:15 am each day. Payment Daily invoices would be preferable delivered with the food listing meal components and quantities delivered so that food service personnel can reconcile any discrepancies on a daily basis. Payment will be rendered upon satisfactory completion or delivery of full order and after board approval. Every effort will be made to pay vendors within thirty (30) to (60) days unless otherwise agreed to by written contract or mandated by N.J.S.A. 18A:18A40.1. NPCS, at its discretion may make partial payments. The Vendor must provide a vendor declaration for services monthly, as per N.J.S.A. 18A:18A-19.3.

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The invoice provided shall clearly outline the goods received or services rendered and the date(s) the services were rendered. The invoice must contain the following: a. The full name and address of the company b. The company’s invoice number that may be used as reference c. A listing of the goods or services rendered (to include the number and types of vended meals) Record Keeping and Availability NPCS will conduct the free and reduced-price application process, including the distribution, review, approval and verification of applications. All application and eligibility requirements will be handled by the school. The vendor will keep and maintain all necessary records on the nutritional components, quantities of the meals delivered to NPCS, and make these records available for inspections by representatives of NPCS, the NJ Department of Agriculture, USDA and the US General Accounting Office. Furthermore, the vendor will provide document requisition support in the event of an audit upon advance written notice from NPCS. This includes, but is not limited to, support with menus, production records, recipes, labels and product information statements. Sample documentation of the forms provided in support of an audit should be included in the bid package. The vendor will be required to complete their required part of the HAACP worksheet, and provide a separate menu with weights on the components of the meals to be served to facilitate completion of the School Meal Pattern documentation required by the state. The duration of this contract will be from January 14, 2013 – June 30, 2013. EVALUATION OF BIDS Newark Prep Charter School intends to award a contract to a food service vendor who will provide healthy nutritious meals for students at the best price. This is not to say that the lowest cost bids will automatically be awarded the contract. As indicated by the weight given to the different criteria used to evaluate this bid, documentation and references in addition to cost will determine the selected bid. Criteria Cost Documentation References Total

Weight 60 25 15 100

COST Hot or Cold Lunch

$___________ X

180 meals=

$_______________

Hot or Cold Breakfast

$___________ X

50 meals=

$_______________

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TOTAL DAILY COST BASED ON PROJECTION

$_______________

TOTAL ESTIMATED PROJECT PERIOD COST BASED ON DAILY COST TIMES 110 DAYS JAN. 2013 – JUNE 2013

$_________________

(Bids will be ranked by price with the lowest cost bid receiving 60 points; the next higher price will get 55 points; and with each successively higher price bid receiving 5 points less)

DOCUMENTATION A SAMPLE OF A MONTHLY MENU FOR BREAKFAST AND LUNCH (2 points) A SAMPLE OF THE DOCUMENTATION YOU WOULD PROVIDE TO THE SCHOOL TO ASSIST WITH THE NJ MENU PLANNER TOOL (6 points) A SAMPLE OF THE DOCUMENTATION YOU WOULD PROVIDE TO THE SCHOOL TO ASSIST IN OBTAINING THE ADDITIONAL $.06 REIMBURSEMENT (6 points) A SAMPLE HACCP PRODUCTION RECORD COMPLETED IN ACCORDANCE WITH THE VENDOR REQUIREMENTS FROM THE STATE (6 points) SAMPLE INVOICE SCHOOL WOULD RECEIVE - … (4 points) BOARD OF HEALTH CERTIFICATION (1 point) (Points listed after each document type represents maximum # of points that can be received. Daily detailed invoices would receive maximum points. Sufficient documentation to complete the NJ Menu Planner and to obtain the $.06 reimbursement would be given maximum points. Properly completed vendor portion of the HACCP Production Records would receive maximum points)

REFERENCES LIST THREE REFERENCES WITH ADDRESSES AND TELEPHONE CONTACT NUMBERS. BOTH MUST HAVE DIRECT KNOWLEDGE RELATING TO YOUR EXPERIENCE IN THE PROVISION OF FOOD SERVICE TO SCHOOLS. (Each reference is worth no more than 5 points graded on a scale of 1 to 5 with 5 being the best) ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________

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IFB BID FORM

_____________________________________________________________ (Contract Title and Bids Number, if applicable) _____________________________________________________________ (Description of goods/services) The undersigned proposes to furnish and deliver the above goods/services pursuant to the IFB specification and made part hereof:

_________________________________________________________________ Amount in words

$______________________________________ Amount in numbers

____________________________ Company Name

__________________________ Federal I.D. # or Social Security #

Address ______________________________________________________________________ City, State, Zip ______________________________________ ______________________________ Signature of Authorized Agent Type or Print Name

Title:__________________________________

______________________________ Telephone Number

_____________________ Date

______________________________ Fax Number

______________________ E-mail address

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(REVISED 4/10)

EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identify or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identify or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identify or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identify or expression, disability, nationality or sex, and that it will

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discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identify or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notice of award but prior to execution of a goods and service contract, one of the following three documents: Letter of Federal Affirmative action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. I certify that the above information is correct to the best of my knowledge. Firm Name

__________________________________________

Print Name

__________________________________________

Signature

__________________________________________

Title

__________________________________________

Date

__________________________________________

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APPENDIX A AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability

The contractor: __________________________ and the Newark Prep Charter School, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

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NJ BUSINESS REGISTRATION CERTIFICATE In accordance with P.L. 2004, Chapter 2004, no contract shall be entered into by NLCS unless the Vendor provides a copy of its business registration in accordance with the following schedule: (1) In response to a request for bids or a request for bids, at the time a bid or bids is submitted; or (2) For all other transactions, before the issuance of a purchase order or other contracting document. In its sole discretion, the contracting unit may waive this requirement if a business registration has been previously provided to the contracting agency. Further, a subcontractor shall provide a copy of its business registration to the Vendor who shall forward it to the contracting agency. No contract with a subcontractor shall be entered into by any contractor under any contract with a contracting agency unless the subcontractor first provides proof of valid business registration. The contracting agency shall file all business registrations received by the contracting agency with other procurement documents related to the contract.

STOCKHOLDER DISCLOSURE CERTIFICATION This Statement Shall Be Included with IFB Submission

Name of Business______________________________________________ I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization:

Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: ______________________________

Name: ______________________________

Home Address: _______________________

Home Address: _______________________

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____________________________________

____________________________________

Name: ______________________________

Name: ______________________________

Home Address: _______________________

Home Address: _______________________

____________________________________

____________________________________

Name: ______________________________

Name: ______________________________

Home Address: _______________________

Home Address: _______________________

____________________________________

____________________________________

Subscribed and sworn before me this ___ day of ___________ , 2 __.

_________________________________ (Affiant)

(Notary Public)

________________________________ (Print name & title of affiant)

My Commission expires:

(Corporate Seal)

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Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW) (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this bids.

Business Name _________________________________________________________

Date______________________

By____________________________________ Name and Title of Authorized Representative

_____________________________________ Signature of Authorized Representative

INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below.

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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 below. 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 representation 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 department 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 which this bids is submitted if at any time the prospective primary 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," "bids," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this bids is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this bids 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 debarred, 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 bids 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 it 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 ineligibility of its principals. 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.

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The next two items contain similar language; one is required in a standard bid package and the other is required in the vended meal IFB. The Non-Collusion Affidavit is to be completed by the person authorized to submit bids and enter into contracts. The Certificate of Independent Price Determination is to be completed by the person within the organization responsible for determining the prices offered in this bid package. NON-COLLUSION AFFIDAVIT I, ____________________________________ of the City of ____________________________ in the County of __________________________ and the State of _________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the __________________________________ (title) of the firm of ________________________________(company name) and the bidder making the Proposal for the above names contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential bidders, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that NPCS of the City of Newark relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees of bona fide established commercial or selling agencies maintained by the following company: ____________________________________________________________________________________ (Print Name of Contractor/Vendor) Subscribed and sworn to: __________________________________________________________ before (SIGNATURE OF CONTRACTOR/VENDOR) me this _______ day of _______________________(month/year). ____________________________________________ Print Name of Notary Public

___________________________________________ Signature of Notary Public

My commission expires ______________________ _________________, ________.

- Seal –

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CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (52.203-2) (APR 1985) I, ____________________________________ (name of person(s) within the organization responsible for determining the prices offered in this bid submission) am the ___________________________________(title) of the firm of ___________________________________________ in the City of ____________________________ in the County of __________________________ and the State of _________________________ of full age, certify that:

(a)(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices in this bid submission; (a)(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (a)(3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-(1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or bids, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)(2) above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. ________________________________________________ Print Name & Title of Individual Determining Price

________________________________________________ Signature of Individual Determining Price

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CERTIFICATION REGARDING LOBBYING

Applicants must review the requirements for certification regarding lobbying included in the regulations cited below before completing this form. Applicants must sign this form to comply with the certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying." This certification is a material representation of fact upon which the Department of Education relies when it makes a grant or enters into a cooperative agreement.

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a Federal contract, grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants and contracts under grants and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certification. NAME OF APPLICANT

PR/AWARD NUMBER AND / OR PROJECT NAME

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE

DATE

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INDEMNIFICATION AND INSURANCE 1. Indemnification The bidder shall assume all risk of, and responsibility for, and agrees to indemnify, defend, and save harmless NPCS and its agents, employees and Board members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney’s fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person(s) or whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. 2. Insurance The bidder to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below: General Liability General Aggregate Each Occurrence Products Personal Injury Fire Damage

$2,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000

The awarded vendor must present to NPCS an insurance certificate in the above types and amounts before any work or service begins. Automobile liability insurance shall be included to cover any vehicle used by the insured. To this end, the food service vendor must include the following clause on the insurance certificate: “Newark Prep Charter School is named as an additional insured”. The vendor shall at all times hold and save harmless NPCS and the agents, representatives, and employees of NPCS against any and all suits, claims, costs, charges, and expense by reason of any damages or claims for damages arising from the negligence of the contractor, his agents, representatives and employees. The vendor is to assume all liability of every sort incident to the work, including property damage caused by its person(s). Evidence of adequate Workers Compensation Insurance as required by the laws of the State of New Jersey and the United States, must be available for perusal. The minimum limits are the following, unless a greater amount is required by law: Workers Compensation: Bodily Injury by Accident (each accident) Bodily Injury by Disease (policy limit) Bodily Injury by Disease (each employee) Automobile Liability (per occurrence) Bodily Injury by Accident (each accident)

$500,000.00 $500,000.00 $500,000.00 $1,000,000.00 $500,000.00

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NEWARK PREP CHARTER SCHOOL IFB DOCUMENT CHECKLIST* **PROVIDE TWO COPIES OF BID** Required by proposer

Submission Requirement Documentation: See page 5 Cost References IFB Bid Form Exhibit A Mandatory Equal Employment Opportunity Language Appendix A Americans With Disabilities Act of 1990 Language New Jersey Business Registration Certificate Stockholder Disclosure Certificate Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Non Collusion Affidavit Certificate of Independent Price Determination Certificate Regarding Lobbying Proof of Insurance School Nutrition Programs Vendor Contract Form # 233 (completed)

*This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation.

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