2026-06 Purchase of Ice Cream and Frozen Novelties

Bid Awareness Letter
Date: June 24, 2026
Subject: Ice Cream and Frozen Novelties Bid 26-06
To whom it may concern:
You are invited to submit sealed bids for ice cream products for the West Alabama
Consortium. Participating school districts include Fayette County, Haleyville City, Lamar
County, Marion County, Winfield City and Winston County Schools.
All potential bidders must be licensed to do business in Alabama and must be registered with the
Alabama Secretary of State.
Bids should be received at the Marion County Board of Education, 188 Winchester Drive, Hamilton,
Alabama 35570 by 1:00 PM, CDT, on Wednesday, July 8, 2026. Bid prices must be firm for 365 days
from the bid opening date, with an option to renew annually for an additional 4 years. After 365 days a
letter will be sent asking for a renewal with no material change (increase/decrease in price, adding or
subtracting items, etc.) If there is a change in materials or a price increase/decrease, adding or
subtracting items, etc., the vendor will not be allowed to renew the contract, and the bid will be rebid
annually.
Mail or send RFP/bid to the address at the head of this page and mark outside of the sealed envelope
the number of this bid: ICE CREAM AND FROZEN NOVELTIES BID 26-06. Each Vendor must
provide seven (7) copies of their response for each Director for a total of seven (7) copies of the bid at
the bid opening.
A table of contents is included in this bid. It is the Vendor's responsibility to ensure all contents
are received. If something is not in your bid packet, or if you have questions pertaining to this
bid, contact Jennifer Roberts at 205-921-1903 or jroberts@mcbe.net.
The Marion County Board of Education reserves the right to reject any or all bids and to waive
informalities.
Sincerely,
Jennifer Roberts
Jennifer Roberts, Child Nutrition Director
Marion County Board of Education
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Table of Contents
CNP Bid Ice Cream and Frozen Novelties 26-06
Sealed bids will be received at the Marion County Board of Education, 188 Winchester Drive,
Hamilton, AL, by 1:00 pm, Wednesday, July 8, and then publicly opened and read for the CNP
Bid-Ice Cream 26-06 bid.
Letter Page 1
Table of Contents Page 2
Invitation to Bid Page 3
Proof of Insurance Page 5
Required Federal Provisions Page 6
Instruction to Bidders Page 11
Special Bid Instructions Page 15
Delivery Address/Points of Contact (see attachments) Page 17
Bid Specifications/Proposal Form Page 18
Contact Information Page 21
Vendor Certification Page 22
Owner Disclosure Certificate Page 23
Non-Collusive Bidding Certificate Page 25
References Page 26
Certification of Compliance with Specifications Page 28
Certification Regarding Drug Free Workplace Page 30
USDA Form AD-1048 Page 31
Certification of Debarment, Suspension, etc. Page 31
Memo regarding HB56- AL Immigration Law Compliance Page 33
Affidavit of Alabama Immigration Compliance- Subcontractor Page 34
Child Nutrition Program Federal Acts Page 38
Bid Checklist Page 39
E-Verify Certification Form on file as required by school board
All bolded items listed above must be returned with the bid.
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Invitation to Bid:
Ice Cream and Frozen Novelties Bid # 26-06
The Marion County Board of Education will accept bids for the following food for the school system's
Child Nutrition Program, according to the specifications set forth in this bid request:
Item Ice Cream and Frozen Novelties Bid 26-06
The bid opening will be held July 8, 2026 at 1:00 PM. Bids may be mailed to the attention of Jennifer
Roberts, CNP Director, Marion County Board of Education, 188 Winchester Drive, Hamilton, AL or
hand delivered at the bid opening. Bids will be publicly opened and read promptly at 1:00 PM CST on
July 08, 2026. No bids will be accepted once the opening begins. Please note any requirements listed on
the response form and bid specification sheet.
The Marion County Board of Education reserves the right to award the bid based on budgetary limits
approved by the Alabama State Department of Education.
Bidders are to use the bid response forms included in this packet and guarantee the quality of work to
meet or exceed expectations set forth in this bid request.
Each party shall follow the procedure outlined below if this contract is to be terminated. All transactions
shall be sent by Registered or Certified mail.
Step 1: Issue warning letter or email and outline violations and length of time allowed to correct the
problem.
Step 2: Issue a letter or email of intent to cancel the contract if the problem is not resolved by a given
date.
Step 3: Issue letter or email to cancel contract.
It is not the policy of the Marion County Board of Education to purchase on the basis of low bid only.
Quality, conformity with specifications, purpose for which required, terms of delivery, transportation
charges, and dates of delivery are factors that may be used to determine the lowest responsible bidder.
Bidders must abide by the provisions of the Americans with Disabilities Act of 1990 in order to provide
goods or services to the Marion County Board of Education.
Section 9 of the Alabama Immigration Act No. 2011-535 (http://www.ago.state.al.us/File-Immigration-
AL-Law-2011-535) requires contractors provide the Alabama Department of Education with an Affidavit
of Immigration Compliance and the contractor's E-Verify Memorandum of Understanding as a
condition of the award of any contract. These two documents must be included with the bid. If you do
not believe these requirements are applicable to your entity, include an explanation justifying such
exemption. A contractor can obtain the E-Verify Memorandum of Understanding upon completion in the
E-Verify enrollment process located at the federal website www.dhs.gov/e-verify.
All items in the bid shall be awarded to one vendor on the basis of the lowest total price, with all
standards of quality for each item as described being met. Bidder is to quote prices on all items listed. A
bid that does not contain a price for each item may not be considered.
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Payment will be made by the school system upon receipt of invoice, inspection, and acceptance by a
designated employee of the representative of the West Alabama Consortium.
The Marion County Board of Education reserves the right to reject any and all bids and to award the bid
in a manner deemed to be in the best interests of the West Alabama Consortium. If any provisions of the
bid award or written contracts emanating from the award are in conflict with Alabama's bid law, the bid
award and resultant contract are declared null and void.
The vendor's representative must complete and sign the attached Itemized List Bid Proposal form,
Vendor Certification page, and the form titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Transactions."
Envelopes containing bids should be sealed and clearly and marked on the outside of the envelope, CNP
Bid Ice Cream and Frozen Novelties Bid # 26-06. Bids are due by 1:00 PM, July 8, 2026. Bids
should be mailed to Jennifer Roberts, CNP Director, Marion Board of Education,188 Winchester Drive,
Hamilton, AL 35570 or hand delivered.
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INSURANCE
The Contractor must maintain throughout the life of this contract and pay for professional
liability insurance covering errors, omissions or negligent acts with limits of not less than
$3,000,000. Coverage must include contractual liability. When policies are renewed or replaced,
the policy retroactive date must coincide with, or precede start of work on this agreement. A
claims-made policy which is not renewed or replaced, must have an extended reporting period of
two (2) Years. Additionally, the contractor shall procure and maintain against claims under the
Worker's Compensation Act and from claims for damage because of bodily injury to others
(including employees of the districts), death to others, damage to the property of others, and
claims for damages arising during the performance of the contract whether caused by him or
anyone directly or indirectly employed by him. The limits of liability insurance shall not be less
than $1,000,000 per occurrence/$3,000,000aggregate Commercial General Liability, $1,000,000
Automobile Liability. The certificate of insurance shall be made in favor of and unconditionally
named as an additional insured, "The Board of Education." The certificate of insurance must be
provided with this RFP/bid.
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REQUIRED FEDERAL PROVISIONS FOR PROCUREMENT IN CNP PROGRAMS
Updated May 30, 2018
Title 2: Grants and Agreements PART 200-UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS Subpart F-Audit Requirements Appendix II to Part 200-Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be affected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11247, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
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regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
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(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
(J) See 200.322 Procurement of recovered materials. A non-Federal entity that is a state agency
or agency of a political subdivision of a state and its contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
Title 7: Agriculture PART 210-NATIONAL SCHOOL LUNCH PROGRAM
Subpart C-Requirements for School Food Authority Participation 210.16 Food service
management companies
(d) The standards of conduct must provide for disciplinary actions to be applied for violations of
such standards by officers, employees, or agents for non-Federal entity.
(e) Duration of contract. The contract between a school food authority and food service
management company shall be of a duration of no longer than 1 year; and options for the yearly
renewal of a contract signed after February 17, 1988, may not exceed 4 additional years. All
contracts shall include a termination clause whereby either party may cancel for cause with 60-
day notification.
(f) The contract may be terminated by the County with a sixty (60) day written notice to the other
party regardless of reason. Any violation of this agreement shall constitute a breach and default
of this agreement. Upon such breach, the County shall have the right to immediately terminate
the contract and withhold further payments. Such termination shall not relieve the contractor of
any liability of the county for damages sustained by virtue of a breach by the contractor.
(g) See Board Policy for Code of Conduct.
Subpart E-State Agency and School Food Authority Responsibilities 210.21 Procurement
(d) Buy American-
(1) Definition of domestic commodity or product. In this paragraph (d), the term 'domestic
commodity or product' means-
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(i) An agricultural commodity that is produced in the United States; and
(ii) A food product that is processed in the United States substantially using agricultural
commodities that are produced in the United States.
(2) Requirement.
(i) In general. Subject to paragraph (d)(2)(ii) of this section, the Department shall require
that a school food authority purchase, to the maximum extent practicable, domestic commodities
or products.
(ii) Limitations. Paragraph (d)(2)(i) of this section shall apply only to-
(A) A school food authority located in the contiguous United States; and
(B) A purchase of domestic commodity or product for the school lunch program
under this part.
(f) Cost reimbursable contracts-
(1) Required provisions. The school food authority must include the following provisions
in all cost reimbursable contracts, including contracts with cost reimbursable provisions, and in
solicitation documents prepared to obtain offers for such contracts:
(i) Allowable costs will be paid from the nonprofit school food service account to
the contractor net of all discounts, rebates and other applicable credits accruing to or
received by the contractor or any assignee under the contract, to the extent those credits
are allocable to the allowable portion of the costs billed to the school food authority;
(ii) (A) The contractor must separately identify for each cost submitted for payment to the
school food authority the amount of that cost that is allowable (can be paid from the nonprofit
school food service account) and the amount that is unallowable (cannot be paid from the
nonprofit school food service account); or
(B) The contractor must exclude all unallowable costs from its billing documents
and certify that only allowable costs are submitted for payment and records have been
established that maintain the visibility of unallowable costs, including directly associated
costs in a manner suitable for contract cost determination and verification;
(iii) The contractor's determination of its allowable costs must be made in compliance
with the applicable Departmental and Program regulations and Office of Management and
Budget cost circulars;
(iv) The contractor must identify the amount of each discount, rebate and other applicable
credit on bills and invoices presented to the school food authority for payment and individually
identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of
the credit. If approved by the State agency, the school food authority may permit the contractor
to report this information on a less frequent basis than monthly, but no less frequently than
annually;
(v) The contractor must identify the method by which it will report discounts, rebates and
other applicable credits allocable to the contract that are not reported prior to conclusion of the
contract; and
(vi) The contractor must maintain documentation of costs and discounts, rebates and
other applicable credits, and must furnish such documentation upon request to the school food
authority, the State agency, or the Department.
(2) Prohibited expenditures. No expenditure may be made from the nonprofit school food service
account for any cost resulting from a cost reimbursable contract that fails to include the
requirements of this section, nor may any expenditure be made from the nonprofit school food
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service account that permits or results in the contractor receiving payments in excess of the
contractor's actual, net allowable costs.
(g) Geographic preference.
(1) A school food authority participating in the Program, as well as State agencies
making purchases on behalf of such school food authorities, may apply a geographic preference
when procuring unprocessed locally grown or locally raised agricultural products. When utilizing
the geographic preference to procure such products, the school food authority making the
purchase or the State agency making purchases on behalf of such school food authorities have
the discretion to determine the local area to which the geographic preference option will be
applied;
(2) For the purpose of applying the optional geographic procurement preference in
paragraph (g)(1) of this section, "unprocessed locally grown or locally raised agricultural
products" means only those agricultural products that retain their inherent character. The effects
of the following food handling and preservation techniques shall not be considered as changing
an agricultural product into a product of a different kind or character: Cooling; refrigerating;
freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and
grinding; forming ground products into patties without any additives or fillers;
drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and
bagging (such as placing vegetables in bags or combining two or more types of vegetables or
fruits in a single package); the addition of ascorbic acid or other preservatives to prevent
oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of
milk.
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