2-Marketplace Solicitation Instructions and Conditions.pdf

DEPARTMENT OF PURCHASING

& PROPERTY MANAGEMENT

General Instructions & Conditions

Gwinnett County Public Schools

Page 2 July 2025

The following General Instructions and Conditions are standard to all Gwinnett County Public County (GCPS) Invitation for Bids (IFB), Request for Proposals (RFP), and Request for Information (RFI) documents. If more specific instructions are given in the individual bid package, those instructions should prevail. Taking exceptions to these terms and conditions or submitting conflicting language may cause the vendor’s response to be rejected.

1.0 PREPARATION OF RESPONSES

1.1 GCPS cannot guarantee that all vendors will be sent an announcement each time a solicitation is released. Invitation for Bids and Request for Proposals issued by GCPS are advertised on the GCPS Bonfire Interactive Portal located on the Purchasing and Property Management website (www.gcps.org) and the Georgia Procurement Registry if applicable. It is the vendor’s responsibility to review the GCPS Bonfire Interactive Portal frequently for a listing of open solicitations. To view it on the internet, go to www.gcpsk12.org. From this screen, select Quick Links, then select Purchasing/Property Management. Under Purchasing Bids, find the link to the Bonfire Interactive Portal on the right side of the page.

1.2 All responses must be entered into Bonfire. Each bidder or proposer shall furnish all information required by the solicitation form or document. An authorized agent of the company must submit the solicitation. All such submitted solicitations shall evidence an intent and authority to bind the prospective bidder or proposer. The firm’s name and telephone number must be shown, and obligations assumed by such submission must be fulfilled.

1.3 Individuals, firms, and businesses seeking an award of a Gwinnett County Public School’s

(GCPS) contract may not initiate or continue any verbal or written communications regarding a solicitation with any School Board Member, employee, or other GCPS representative without permission of the Buyer named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Education. The Director of Purchasing will review violations. If it is determined that such communication has compromised the competitive process, the offer submitted by the individual, firm, or business may be disqualified from consideration for the award.

1.4 Each vendor is responsible for having knowledge and understanding of any Federal laws and regulations, Georgia laws, Department of Education regulations or policies, and GCPS policies and/or regulations pertaining to GCPS procurement.

1.5 Each bidder or proposer shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the bidder’s or proposer’s risk, as the bidder or proposer will be held accountable for their response.

1.6 An electronic price worksheet may be provided online to prospective bidders or proposers through the solicitation link and should be completed by an authorized http://www.gcps.org/ http://www.gcpsk12.org/

Page 3 July 2025 agent of the company. Unit price should not exceed two decimal points and should include freight charges. Prices submitted on the electronic price worksheet should be in number format. Other prices in the Bid should be stated in words and numbers. In the event of a conflict, the word version will prevail.

1.7 Time of delivery is part of the solicitation process and must be adhered to. If it is impossible to meet the delivery specified in the solicitation, the bidder or proposer shall state the best delivery possible in the space provided on the solicitation request. Words such as “immediate,” “as soon as possible,”’ etc shall not be used. Time should be stated in days, and days shall mean “calendar days” (Saturday, Sunday, and holidays are to be included in that number).

1.8 GCPS assumes no responsibility or obligation to the vendors. GCPS will not pay for any costs associated with preparing or submitting a response. This provision applies whether or not a dispute arises.

1.9 Bidder, Contractor, Offeror, Proposer and/or Vendor are synonymous in this document and refer to the person, entity, or firm that submits a response to a solicitation.

1.10 GCPS reserves the right to revise processes as needed during extenuating circumstances. Processes may include but not be limited to pre-bid/pre-proposal conferences and bid submittal/ proposal submittal.

1.11 When responding to a GCPS solicitation, if an item is to be quoted at “zero cost” to the district, supporting documentation must be provided under the “Additional Supplier Information –If needed” section within Bonfire.

1.12 Alterations of GCPS documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may provide a separate set of redlined documents clearly identified as exceptions with notes expressing why each change should be accepted as an exception.

2.0 AUTHORITY

Each party warrants that such party has full power and authority to enter into and perform this contract. The person submitting on behalf of each party represents that such person is duly authorized to enter into this contract on behalf of such party.

3.0 SPECIFICATIONS

3.1 Each completed solicitation shall be submitted online in Bonfire before the due date and time as indicated in the solicitation. Please note: All required documentation MUST be uploaded and confirmed before the due date and time for your submission to be accepted/completed within Bonfire. Please keep in mind this is a web-based program, and your firm should allow sufficient time to upload all required documents within the system. Once your submission is completed, a confirmation code and a confirmation email to the address on file are provided. A video tutorial is also available under the “Submission” section within Bonfire.

Page 4 July 2025

Sealed hard copies/telephone/faxed bids will not be considered. Any addenda should be submitted with the electronic response.

3.2 For Goods: Listings such as “ Equivalent” or “GCPS Approved Equivalent” in the solicitation documents are set forth to establish the general quality required. Items from other manufacturers of equal or better specifications may be considered. GCPS will be the sole determiner of whether the substituted item is an equal or better specification.

3.3 The vendor must clearly identify any deviation from the appropriate response form(s) specifications. If the vendor wishes to provide additional detail regarding the variations in an accompanying letter, it should be noted on the proper response form(s). The furnishing of cuts, catalogs, or printed descriptions will not relieve the vendor of this requirement. GCPS shall determine at its sole discretion whether substitutions or modifications of the requested specifications are comparable to those contained within these solicitation documents. If GCPS determines that the modifications or deviations from the specifications are not compliant, the response may be rejected.

3.4 An awarded vendor’s failure to deliver any items/services according to specifications outlined in their response may result in cancellation of the purchase.

3.5 If there is an error in the description or specifications contained in this solicitation document, GCPS reserves the right to notify each vendor separately from this solicitation document of such specification or description change and may require all responses to comply with such modification. In the case of an error in the specifications or the descriptions, GCPS further reserves the right to cancel this solicitation and re- issue.

3.6 Items offered must meet required specifications and must be of a quality that will adequately serve the use and purpose for which they are intended.

3.7 The awarded vendor’s assigned solicitation response team must be available to communicate in real- time during the hours of 7:00 a.m. to 5:00 p.m. Eastern Standard Time.

4.0 APPROXIMATE ANNUAL QUANTITIES

Most solicitations are “demand usage” contracts, and the estimated quantities listed on the attached pricing schedules are an approximate amount based on prior, current, or next year’s estimated usage. The quantities during the solicitation term may change as the district needs change, and in some instances, GCPS will have under or overestimated quantities or amounts of items to be purchased. Estimates in this solicitation are not a commitment to purchase the same amount as originally specified.

5.0 DEBARRED, SUSPENDED, AND INELIGIBLE STATUS

Vendor certifies that the vendor and/or any of its subcontractors (if applicable) have not been debarred, suspended, or declared ineligible by an agency of the State of Georgia or as defined

Page 5 July 2025 in the 2 CFR 200.214 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations, implementing Executive Orders 12549 and 12689, 2 CFR part 180.” The vendor will immediately notify GCPS in writing if the vendor is debarred by the State of Georgia or placed on a Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity, such as being listed in SAM.gov. The regulations in 2 CFR part 180 restrict making Federal awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from receiving or participating in Federal awards.

5.1 2 C.F.R. Section 180.300 requires that when the School District enters into a covered transaction with an entity at a lower tier, the School District must verify that the entity is not suspended, debarred, or otherwise excluded or disqualified. “Covered transactions” include those procurement contracts for goods and/or services awarded under a grant or cooperative agreement that are expected to equal or exceed $25,000.

Furthermore, grantees and sub-grantees must not make any award or permit any award at any tier to any party that is debarred or suspended or is otherwise excluded or disqualified. By submitting this contract, you affirm that neither you, the vendor, nor any principal of the vendor is suspended, debarred, or otherwise excluded or disqualified at the date of your signature.

6.0 NON-COLLUSION

The vendor, by submitting a solicitation, certifies that the vendor’s response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud.

7.0 OBLIGATION TO MAINTAIN CONFIDENTIALITY

7.1 Vendor acknowledges and agrees that vendor's response hereto, the terms of any contract awarded according to this solicitation, and information concerning the goods and/or services provided in connection with any contract awarded according to this solicitation may be subject to the requirements of the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq. Vendor acknowledges that this requirement includes but is not limited to such public records prepared and maintained or received by a private person or private entity in the performance of a service or function for or on behalf of GCPS pursuant to O.C.G.A. §50-18-71.

GCPS shall maintain any items marked as “Confidential” as confidential to the extent allowed by law. Should vendor contend that it has submitted any records to GCPS which constitute "trade secrets" (as such term is defined in O.C.G.A. § 10-1-761) and desires to exempt such trade secrets from the requirements of the Open Records Act according to O.C.G.A. §50- 18-72(a) (34), vendor shall submit and attach to any such records it contends constitute trade secrets an affidavit affirmatively declaring that specific information in the records constitutes trade secrets. Should the vendor attach such an affidavit, GCPS shall notify the vendor at least ten (10) days before disclosing such information, should GCPS determine that such information does not rise to the level of a "trade secret" (again, as such term is defined in O.C.G.A. § 10-1-761). Should the vendor fail to move for an appropriate court order within such ten (10) day period, or should the vendor fail to provide an affidavit as required by O.C.G.A. §50-18-72(a) (34), GCPS may disclose such information as it deems appropriate.

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8.0 CIVIL RIGHTS AND ASSURANCE

8.1 GCPS hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C.§ 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. § 12131-12189); Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” (August 11, 2000); all provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.); Department of Justice Enforcement Guidelines (28 CFR Part 35, 42 and 50.3);

and Food and Nutrition Services (FNS) directives and guidelines, to the effect that, no person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

8.2 The USDA non-discrimination statement that 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, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

8.3 This assurance is given in consideration of and for the purpose of obtaining any Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grants, or donation of Federal property and interest in the property, the detail of Federal personnel, the sale, and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food and cash assistance for the purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

8.4 By accepting this assurance, GCPS agrees to compile data, maintain records, and submit records and reports as required to permit the effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of

Page 7 July 2025

Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on Gwinnett County Public Schools, its transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA.

9.0 AWARDS

9.1 GCPS reserves the right to award by line item to more than one vendor and/or to award by group or any combination thereof. The award will be made in the best interest of

GCPS.

9.2 In case of a tie and subject to compliance with state and federal regulations and guidelines, the award will be made as follows:

9.2.1 The award will be to the in-county vendor.

9.2.2 The award will be to the in-state vendor.

9.2.3 If applicable, the award will be to the vendor with goods made in Georgia.

9.2.4 If applicable, the award will be to the vendor with the lesser total dollar volume within this solicitation.

9.2.5 If these preferences are insufficient for resolution, drawing lots in a public forum will resolve the tie.

9.3 GCPS reserves the right to negotiate a lower price than the award price on any line item with the successful vendor. If GCPS is unable to negotiate an acceptable price, it reserves the right to re-solicit the item(s)/service(s) involved.

9.4 GCPS reserves the right to purchase related items/services from the awarded vendor(s) when necessary, provided the pricing granted is in accordance with the cost structure awarded for similar items/services.

9.5 Purchases by GCPS are not subject to Federal Excise Tax or State and Local Sales Tax.

Tax Exemption Certificates will be furnished upon request.

9.6 Awards will be posted on the internet on the GCPS Bonfire Interactive Portal. Go to www.gcpsk12.org. From this screen, select Quick Links, then select Purchasing/Property Management. Under Purchasing Bids, find the link to the Bonfire Interactive Portal on the right side of the page.

10.0 COST

It is GCPS’s expectation that your firm submits its best pricing at the time of the solicitation. The District understands that external factors may impact your firm’s ability to hold pricing for the term of the contract.

11.0 CONTRACT

11.1 The Acknowledgement and Agreement question on the Questionnaire must be affirmatively answered. THIS ACKNOWLEDGMENT BECOMES A PART OF YOUR SOLICIATION

AND WITHOUT IT YOUR SOLICITATION IS NOT COMPLETE AND WILL BE SUBJECT TO

REJECTION.

11.2 Entirety of Contract – The contract between GCPS and the vendor shall include a Master

Agreement, any mutually agreed upon exceptions, amendments, or linked vendor terms and http://www.gcpsk12.org/

Page 8 July 2025 conditions, the Solicitation Questionnaire, Solicitor’s Response, any Solicitor Responses to Clarification Questions, , G CP S General Terms and Conditions, the original solicitation, any notice of renewal, and the award notice,. The entire agreement between the parties supersedes all prior oral and written agreements and understandings between the parties concerning the subject matter hereof.

11.3 This Agreement and all other contracts or agreements entered into between the Parties shall be governed, construed, and enforced according to the laws of the State of Georgia without regard to the principles of conflicts of laws. The Parties agree that this Agreement will be performed in the State of Georgia. The Parties consent to exclusive jurisdiction and venue in the State of Georgia and agree that all disputes between the parties regarding any Contract or Agreement the Parties entered into during the term shall be brought in the state courts of Gwinnett County or the federal court for the Northern District of Georgia, Atlanta Division.

12.0 SHIPPING

12.1 All prices are to include delivery to the location(s) specified in the solicitation documents or the purchase order.

12.2 Inside delivery is required for all goods. At no time should goods be left outside of any building. Vendors are asked to be mindful of school arrival and dismissal times and avoid attempting delivery during those times. For large, heavy items, vendors are encouraged to call ahead to the delivery location to give prior notice and ascertain any delivery details particular to that location (i.e., loading dock availability, which entrance provides access to the loading dock, etc.).

12.3 All merchandise will be received in our warehouse on weekdays between the hours of 7:00 A.M. and 3:00 P.M. Where two or more items are packaged together, their combined weight shall be no more than two thousand (2,000) pounds.

13.0 INVOICING

Acceptance of any part of the order shall not bind GCPS to accept any future shipments nor deprive it of any right to return goods already accepted.

14.0 PAYMENT

Payment will be made on a per order basis as directed via the established Solicitor’s marketplace.

15.0 COMPLIANCE

GCPS will make final inspection of all products/services for acceptance or rejection. Final inspection resulting in acceptance or rejection of the products/services will be made as soon as practicable. Still, failure to inspect shall not be construed as a waiver by GCPS of its rights to reject such products/services or to claim reimbursement or damages for such products/services that are later found to be defective, not in conformance with the required specifications, or not to perform as claimed by the vendor.

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16.0 RIGHTS AND REMEDIES

GCPS does not waive any of its rights under contract law.

17.0 TERMINATION

17.1 If GCPS wishes to cancel this contract or any purchase order following the award, GCPS will provide written notice thirty (30) days in advance. GCPS reserves the right to terminate the contractual relationship with the vendor at any time without cause and penalty on thirty (30) days' written notice to the vendor. GCPS shall pay the vendor for the work performed before the date of notice of termination. The vendor shall not be paid for any work performed or incurred after the receipt of the notice of termination nor for costs incurred by its vendors.

17.2 Any purchase orders which result from this contract must be issued prior to the expiration of the contract; however, Bidder or Proposer performance, GCPS payment obligations, and any applicable warranty periods or other Bidder or Proposer or GCPS obligations may extend beyond the term of the contract unless said purchase order is terminated in writing pursuant to Section 20.1 above.

17.3 Multi-year Awards – As provided in O.C.G.A. § 20-2-506, any contract awarded pursuant to this solicitation shall be deemed to obligate GCPS only for those sums payable during the calendar year of its execution or, in the event of renewal by GCPS, for those sums payable in the calendar year in which the renewal occurs. In no event shall any contract awarded pursuant to this solicitation be deemed to create a debt of GCPS for the payment of any sum beyond the calendar year of its execution or, in the event of renewal by GCPS, for those sums payable in the calendar year in which the renewal occurs.

17.3.1 The contract awarded pursuant to this solicitation shall terminate absolutely and without further obligation on the part of GCPS at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided herein unless earlier terminated as provided in this contract or renewed as provided herein. If GCPS wishes to terminate pursuant to O.C.G.A. § 20-2- 506, GCPS will provide thirty (30) days' notice prior to the close of the calendar year. If GCPS does not provide such notice, the contract will automatically renew January 1 for the following calendar year during the term unless otherwise terminated or non-renewed in accordance with the contract.

17.3.2 The contract awarded pursuant to this solicitation shall state the total obligation of GCPS for the calendar year in which it was executed and for each calendar year for which it may be renewed as provided herein.

17.3.3 The contract awarded pursuant to this solicitation shall not exceed seven and one-half percent (7.5%) of the total local revenue collected for the maintenance and operation of GCPS in its most recently completed fiscal year.

17.4 The contract awarded pursuant to this solicitation will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of GCPS, pursuant to O.C.G.A. § 20-2-506.

Page 10 July 2025

In the event GCPS determines that appropriated funds no longer exist or are insufficient to fulfill GCPS's obligations hereunder, GCPS may terminate the contract awarded pursuant to this solicitation by providing thirty (30) days' written notice of termination to the vendor. Notice of any such termination shall include a certification by GCPS of the unavailability or insufficiency of funds, and such certification shall constitute an agreement by GCPS not to replace the services covered hereunder in whole or in part with any service obtained from a provider other than the vendor before the end of the calendar year in which the notification of such termination is provided. GCPS shall make payments to the vendor through the date of termination.

18.0 SUBCONTRACTING

18.1 No subcontract, which the vendor enters into with respect to the performance of work and/or provision of services under this contract, shall in any way relieve the vendor of any responsibility for any performance or obligation required of it by this contract.

18.2 A completed Subcontractor E-Verify Affidavit form must be submitted for each subcontractor that will be used to fulfill this contract.

19.0 FORCE MAJEURE

Neither party will be liable for any delays in delivery or failure to perform any of its obligations (except for payment obligations) under this Agreement by reasons, events, or other matters beyond its reasonable control.

20.0 SURVIVAL OF REPRESENTATIONS

The provisions, representations, and warranties contained in this contract shall survive the delivery of all components procured hereunder and the payment of fees, therefore, and any termination of this contract in accordance with their respective terms and conditions.

21.0 RELATIONSHIP OF PARTIES

This contract is not intended by the parties to constitute or create a joint venture, pooling arrangement, partnership, or formal business organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth herein. The vendor shall be deemed an independent contractor, and the employees and agents of the vendor shall not be deemed to be the employees or agents of GCPS. GCPS is not responsible for the payment of any taxes, insurance, or benefits on behalf of the vendor’s employees.

22.0 SERVERABILITY

Any section, subsection, paragraph, term, condition, provision, or other parts of this contract which is held, found, or declared to be voidable, void, invalid, illegal, or otherwise not fully enforceable shall not void any other section, subsection, paragraph, term, condition, provision, or part of this contract, and the remainder of this contract shall continue to be of full force and effect. Any agreement of the parties to amend, modify, eliminate, or otherwise change any section, subsection, paragraph, term, condition, provision, or other terms of this contract shall not affect any other section, subsection, paragraph, term, condition, provision, or part of the contract, and the remainder of this contract shall continue to be of full force and effect.

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23.0 WAIVERS

The failure of either party to assert any claim or right against the other party regarding its obligations hereunder, in any one or more instances, shall not constitute a waiver of such claim or right with respect to the future performance of such obligations and other obligations under this contract.

24.0 PUBLICITY

The vendor shall not prepare or disseminate any publicity relating to this contract, products sold or licensed, or the services performed under this contract without the express written prior consent of GCPS. As used in this section, the term “publicity” includes but is not limited to advertisements, flyers, public announcements, pamphlets, press releases, reports, books, broadcasts, signs, social media, and similar public information.

25.0 USE BY OTHER AGENCIES

So long as such additional use of this Agreement does not interfere in the fulfillment of obligations to GCPS by the Bidder or Proposer, and only upon the consent of the Bidder or Proposer, this solicitation is available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities; to buy off this bid or proposal at the same prices quoted during the effective term.

Charter Schools – Selected GCPS contracts and pricing have been made available for use by GCPS Charter Schools. Sales to GCPS Charter Schools by the Contractor will be optional and not be considered when determining the award, i.e., allowing other agencies to participate is not mandatory. It is to be understood, however, that GCPS shall not be responsible for any problems that may arise between a GCPS Charter School and the contractor as a result of any sales. Any resulting contract is solely between the bidder or proposer and third-party GCPS Charter School. Billings for items purchased under this agreement shall be directed to the agency making the purchase.

26.0 AMENDMENTS IN WRITING

No amendment of any term or condition contained in this contract, including the solicitation documents and vendor’s response, shall be effective unless it is in writing and signed and dated by duly authorized representatives of the parties. No representation, request, instruction, directive, or order made or given by any official, employee, or agent of GCPS, whether verbal or written, shall be effective to amend this agreement or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth above. The vendor shall not be entitled to rely on any such representation, request, instruction, directive, or order and shall not, under any circumstances whatsoever, be entitled to additional compensation, delay in performance, or other benefit claimed for relying upon or responding to any such representation, request, instruction, directive, or order.

If necessary, addendums or amendments to the solicitation will be posted up to seventy-two

(72) hours before the solicitation opening time.

27.0 PARTIES BOUND

The contract of which these General Terms and Conditions are a part shall be binding on and inure to the benefit of the parties to this contract and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

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28.0 COMPLIANCE WITH FEDERAL LAWS

The only remedy to a failure to adhere to applicable federal laws and regulations shall be contract termination for convenience and not a breach of contract action.

To the extent applicable, all vendors must comply with applicable federal laws and regulations, including, without limitation:

28.1 Compliance with all applicable standards, orders, or requirements issued under section

306 of the Clean Air Act (42 U.S.C. §7606), section 508 of the Clean Water Act (33 U.S.C.

§1368), Executive Order 11738, and Environmental Protection Agency regulations 40 C.F.R Part 35 (Contracts, subcontracts, and sub-grants of amounts in excess of

$100,000).

28.2 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 (Pub. L. 94–163, 89 Stat. 871). (Contracts, subcontracts, and sub-grants of amounts in excess of $100,000.)

28.3 BOYCOTT OF ISRAEL - Bidder or Proposer certifies that Bidder or Proposer is not currently engaged in and agrees for the duration of this Contract not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50-5-85.

28.4 Buy American Policy (If Applicable)–The Federal “Buy American” Policy mandates that the District/State agency/Territory participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A marketplace Bidder or Proposer may offer tools and features to limit the available items for purchase by GCPS but it is the sole responsibility of GCPS to adhere to any Buy American federal laws, policies, or regulations. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR

210.21 (d).”

28.4.1 Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request. An alternative or exception may be considered if the request is submitted in writing to a designated official a minimum of 10 days in advance of delivery. The request must include the following: (1) Alternative substitute(s) that are domestic and meet the required specifications: (a) Price of the domestic food alternative substitute(s); and (b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered. (2) Reason for exception: limited/lack of availability or price (include price): (a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product and the product is listed on the Federal Acquisitions Regulations Nonavailable articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality.

GCPS must also ensure that they do not exceed the following non-domestic food

Page 13 July 2025 purchase caps by the established deadlines:

(A) By July 1, 2025, non-domestic food purchases must not exceed 10 percent of total annual commercial food costs that a school food authority purchases per school year.

(B) By July 1, 2028, non-domestic food purchases must not exceed 8 percent of total annual commercial food costs that a school food authority purchases per school year.

(C) By July 1, 2031, non-domestic food purchases must not exceed 5 percent of total annual commercial food costs that a school food authority purchases per school year.

GCPS should contact the State Agency if accommodations are needed due to challenges with purchasing domestic items during the procurement process, if realizing that challenges around commonly purchased items aren’t non-domestic items, or challenges organizing and tracking purchases and meeting to meet required annual percentage limits.

28.5 Domestic Preferences for Procurement

As appropriate and to the extent consistent with law, the recipient and/or subrecipient may provide tools to GCPS tools to assist GCPS in the selection for purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). It is the sole responsibility of GCPS to adhere to this or any other Buy American federal laws, policies, or regulations.

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy American preferences set forth in 2 CFR part 184.

28.6 Procurement of Telecommunications & Video Surveillance (If Applicable)

Contractors and subcontractors are prohibited from using federal funds to enter into, extend or renew contracts for covered equipment, services, or systems that use covered telecommunications as a substantial or essential component of any system or critical technology as part of any system.

28.7 Davis Bacon Act (for construction contracts in excess of $2,000) [Appendix II to 2 CFR

200(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, vendors must be https://www.law.cornell.edu/topn/bacon-davis_act https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3141 https://www.law.cornell.edu/uscode/text/40/3148 https://www.law.cornell.edu/topn/bacon-davis_act https://www.law.cornell.edu/uscode/text/40 https://www.law.cornell.edu/uscode/text/40/3141-3144 https://www.law.cornell.edu/uscode/text/40/3146-3148 https://www.law.cornell.edu/cfr/text/29/part-5 https://www.law.cornell.edu/cfr/text/29/part-5

Page 14 July 2025 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, vendors must be required to pay wages not less than once a week. The recipient and/or subrecipient 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 recipient and/or subrecipient must report all suspected or reported violations to the Federal 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 regulations (29 CFR Part 3, “Vendors and Sub vendors 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 vendor 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 recipient and/or subrecipient must report all suspected or reported violations to the Federal agency.

28.8 Equal Employment Opportunity

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or

(800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(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 11246, “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.”)

28.9 Procurement of Recovered Materials 2 CFR 200.323 (If Applicable) An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act if and when applicable. The requirements of Section 6002 include procuring only items designated in the 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.

The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient;

https://www.law.cornell.edu/uscode/text/40/3145 https://www.law.cornell.edu/cfr/text/29/part-3 https://www.law.cornell.edu/cfr/text/29/part-3 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60 https://word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&wopisrc=https%3A%2F%2Fshealy-my.sharepoint.com%2Fpersonal%2Ftheresa_latta_doe_k12_ga_us%2F_vti_bin%2Fwopi.ashx%2Ffiles%2Fbec010d17c724c4e87ece608c427288c&wdenableroaming=1&mscc=1&wdodb=1&hid=8A04FE9E-9078-9000-F0E7-C0736E5CDF51&wdorigin=Other&jsapi=1&newsession=1&corrid=11953eec-d420-4a88-907b-7316107da6ca&usid=11953eec-d420-4a88-907b-7316107da6ca&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlushFallback https://www.law.cornell.edu/cfr/text/40/part-247

Page 15 July 2025 and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

28.10 Byrd Anti-Lobbying Amendment- 31 U.S. Code 1352 2 CFR Appendix 2 to Part 200 (I) A Lobbying Certification must be completed for all federally funded bids $100,000 and over. (See Attachment A). Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Vendors 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.

28.11 Contract Work Hours/Safety Standards Act (40 U.S.C. 3701-3708) (If Applicable) All contracts awarded by the recipient and/or subrecipient 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 vendor 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 that are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles.

28.12 Rights to Inventions Made Under a Contract or Agreement (Appendix II to 2 CFR 200(F))

If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2

(a) and the recipient or sub-recipient 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 sub-recipient 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.

28.13 HUB (Historically Underutilized Business) STATEMENT (2 CFR 200.321) When possible, the recipient or subrecipient may provide GCPS with tools and information to identify small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) that are available for use.

https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352

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28.14 Food Recalls (Applicable for Food Contracts/Processing Contracts) Responders shall be expected to comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace.

Responder shall have a process in place to effectively respond to a food recall.

The process must include accurate and timely communications to GCPS and assurance that unsafe products are identified and removed from GCPS sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a separate document to be submitted along with solicitation.

Responder will provide the food recall contact person and the backup person’s contact information to the school nutrition director or designee by completing the chart below. GCPS will provide the vendor with a contact person and a backup person’s contact information by completing the chart below. Food recall procedures can be found in 7 CFR 250.

28.15 Biosecurity (Applicable for Food Contracts/Processing Contracts) Responder must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the USDA, Food Safety, and Inspection Service. Responder will define their biosecurity policy and procedures on a separate document to be submitted along with bid.

29.0 RESPONDER CODE OF CONDUCT:

GCPS aims to operate in a manner that reflects high ethical standards and is committed to complying with all applicable laws, regulations, and other legal requirements.

Accordingly, GCPS seeks to conduct business with Responders who share our commitment to high ethical standards and operate in a responsible and ethical manner.

All GCPS employees are expected to act at all times in accordance with good business judgment for the benefit of the District and to avoid activities that could create a conflict of interest or the appearance of such a conflict. Responders when doing business with GCPS, in turn, are expected to conduct their business in an ethical manner and act with integrity.

Acceptance of Entertainment & Gifts:

Responders may neither offer nor give any gift to any GCPS employee or contracted staff who conduct business for GCPS except those items of nominal value, which may then be subject to disclosure by the receiving party to an immediate supervisor and/or the GCPS Department of Internal Audit. For purposes of this Procedure, a “gift” shall mean anything of value that shall include, but is not limited to, goods, loans, money, personal services, gratuities, entertainment, etc. Any prohibited activity or gift may result in the termination of existing contracts. Any activity or gift is strictly forbidden where it is being given under circumstances where it can be reasonably inferred that it was intended to influence GCPS employees in the performance of his or her official duties or during the solicitation and award process of a bid.

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Responder Submittals:

GCPS expects all responders to be forthcoming and always submit true and accurate information in response to a GCPS Purchasing solicitation or in regard to an existing business relationship. If the GCPS Purchasing Department determines that the bidder has intentionally omitted or failed to provide pertinent information and/or falsified or misrepresented material information submitted to the Purchasing Department, the Department shall act in accordance with applicable GCPS policies and procedures and applicable State of Georgia Law.

Information and Communication During the Solicitation:

All bidding information received, including pricing, remains confidential until an award is made so as not to compromise the competitive bid process.