2024_0010 Milk Bid Final.pdf

Rockdale County Public Schools Purchasing Department

1062 North Street Conyers, Georgia 30012

Invitation for Bid (IFB)

For

Milk Bid

May 13, 2024

IFB Number:

Due Date:

Time Due:

2024-0010

May 27, 2024

11:00 a.m., ET

NIGP Commodity Code(s): 325-48, 380-75

Milk Bid No. 2024-0010

IFB 2024 - 0010 Milk Bid 2 Due: May 27, 2024, @ 11:00 a.m.

BIDDER/CONTRACTOR DATA SHEET

SUBMITTED BY (SIGNATURE)

COMPANY OR BUSINESS NAME

COMPANY ADDRESS

TELEPHONE NUMBER

TAXPAYER IDENTIFICATION NUMBER(S)

CONTRACT ADMINISTRATOR

INFORMATION

NAME

TITLE

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

EMAIL

REMITTANCE ADDRESS AND CONTACT INFORMATION (if different from address listed above)

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

CONTACT

Doing Business As: Corporation Gov Entity Sole Proprietorship Partnership

Individual LLC Other ___________________________

IFB 2024 - 0010 Milk Bid 3 Due: May 27, 2024, @ 11:00 a.m.

Milk Bid No. 2024-0010

ADVERTISEMENT FOR REQUEST FOR INVITATION TO BID

Rockdale County Public Schools invites vendors to submit their proposal to this milk bid.

If you are unable to download these documents, you may contact the Director of Purchasing:

Marki Dixon at (770) 860-4295 or mdixon@rockdale.k12.ga.us.

Online submittal instructions can be viewed at the following location online:

https://rockdaleschools.bonfirehub.com/opportunities/138849.

Proposals shall be submitted online at https://rockdaleschools.bonfirehub.com/opportunities/138849. The Purchasing Department will only accept proposals submitted online. Proposals submissions are due 11:00 a.m., ET May 27, 2024 (as determined by the time stamp clock when submitted online).

RCPS will only accept online submissions for this IFB. Proposals can be submitted online at:

https://rockdaleschools.bonfirehub.com/opportunities/138849. Proposals submitted after the proposal close date will not be accepted. Note: Any proposal submitted in any other format (email, paper, fax, mail, etc.)

will not be accepted for any reason.

To ensure proper and timely submission please adhere to the dates and times outlined below.

Rockdale County Public Schools

Marki Dixon Director of Purchasing

TENTATIVE TIMELINE

05/13/2024 Release IFB to the marketplace 05/20/2024 Deadline for written questions, 12:00 p.m., ET 05/23/2024 Response to questions to be posted to Bonfire.

05/27/2024 IFB Submission due by 11:00 a.m., ET 05/27/2024 Administrative Review 05/27/2024 Bid Opening 06/20/2024 Board Meeting Recommendation to the RCPS Board of Education mailto:mdixon@rockdale.k12.ga.us.

https://rockdaleschools.bonfirehub.com/opportunities/92049 https://rockdaleschools.bonfirehub.com/opportunities/138849 https://aps.bonfirehub.com/opportunities/2706.

https://aps.bonfirehub.com/opportunities/2706.

IFB 2024 - 0010 Milk Bid 4 Due: May 27, 2024, @ 11:00 a.m.

TABLE OF CONTENTS

GENERAL TERMS AND CONDITIONS

PREPARATION OF BIDS

SUBMISSION OF BIDS

SPECIFICATIONS

PRICES QUOTED

SAMPLES

VENDOR’S EVIDENCE OF RESPONSIBILITY

AWARDS

NON-PERFORMANCE AND/OR TERMINATION CLAUSES

PROTEST PROCEDURES

CONTRACT

EXTENSIONS

SHIPPING

INVOICING

COMPLIANCE

NO ASSIGNMENT, DELEGATION, OR SUBCONTRACT WITHOUT DISTRICT CONSENT

OBLIGATION TO MAINTAIN CONFIDENTIALITY

GIFT POLICY

DRUG/ALCOHOL/TOBACCO FREE WORKPLACE

THE DISTRICT PROHIBITS UNLAWFUL DISCRIMINATION AND HARASSMENT

CONTRACTING WITH SMALL AND MINORITY FIRMS

INSURANCE REQUIREMENTS

CERTIFICATIONS

RECORD RETENTION REQUIREMENTS

ACCESS TO RECORDS

ENERGY EFFICIENCY

INDENIFICATION

SPECIAL TERMS AND CONDITIONS /BID SPECIFICATIONS /FORMS

• VENDOR/CONTRACTOR DATA SHEET

• CONTRACT AGREEMENT

• GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

• CONTRACTOR AFFIDAVIT AND AGREEMENT

• SUBCONTRACTOR AFFIDAVIT

• DETERMINATION OF RESPONSIBILITY

• SUBMISSION CHECKLIST

• ANTI-COLLUSION AFFIDAVIT

• CIVIL RIGHTS ASSURANCE

• CERTIFICATION REGARDING LOBBYING-CONTRACTS, GRANTS, LOANS AND

COOPERATIVE AGREEMENTS

IFB 2024 - 0010 Milk Bid 5 Due: May 27, 2024, @ 11:00 a.m.

1.0 PURPOSE

1.1 The purpose of this Invitation to Bid (IFB) is to request vendors to submit proposals to submit to the milk bid.

1.2 Qualified Vendors and/or individuals responding to the milk bid IFB must have the experience, capacity, and resources for a K-12 educational district.

1.3 The milk bid must meet all aspects of responsibilities for Nutrition Program Administration Operations in meeting United States Department of Agriculture (USDA) and Georgia Department of Education (DOE) requirements for program administration and compliance.

1.4 In using this method for solicitation, RCPS is seeking the lowest priced responsive and responsible bidder meeting specifications and requirements. The bidder who submits the lowest price, whose bid meets the specifications, terms, and conditions set forth in the IFB, and who is clearly capable of delivering the products or services specified. Periodically, the lowest responsible bidder will not always be the bidder who has submitted the lowest monetary bid. To be eligible for consideration, sealed bid response shall be presented in accordance with the instructions of this solicitation and within the timeframe specified. It shall be the responsibility of the selected Bidder to meet all specifications and guidelines set forth herein. Award bids will be made in the best interest of Rockdale County Public Schools. No damages shall be recoverable by any challenger as a result of these determinations or decisions by Rockdale County Public Schools.

2.0 SPECIFICATION

2.1 The Rockdale County Public Schools (RCPS) is located in the city of

Conyers, Georgia. Rockdale County Public Schools has a student population of approximately 15,000 + students in 22 schools and administrative buildings.

2.2 RCPS Nutrition Department is looking one vendor to provide pricing on all the items of the attached line bid. Bottom line Bid (all or none).

2.3 The vendor must contact RCPS Nutrition Administration to schedule a delivery.

2.4 Delivery of milk items is expected on a weekly basis, per: agreed upon Schedule.

2.5 Any deviation from the specifications must be clearly identified in a letter accompanying the bid.

The furnishing of cuts, catalogs, or printed descriptions will not relieve the Vendor of this requirement. The District will be the sole determiner as to whether the substituted item is of equal or better specification. If the District determines that the modifications or deviations from the specifications are not in compliance, the bid may be rejected.

IFB 2024 - 0010 Milk Bid 6 Due: May 27, 2024, @ 11:00 a.m.

2.5 Vendor’s failure to deliver any items according to specifications set forth in their bid may result in cancellation of the purchase and permanent removal from the Vendor’s list.

2.6 For Goods: Manufacturers listed, as “Model Equivalence” in the IFB, are to establish the general quality required. Items of other manufacturers of equal or better specifications will be considered. The District will be the sole determiner as to whether the substituted item is of equal or better specification.

2.7 If there is an error in the description or specifications contained in the IFB, the District reserves the right to notify each of the Vendors separate from the IFB of such specification or description change and may require all bids to be in compliance with such modification. In the case of an error in the specifications or the descriptions, the District further reserves the right to cancel the IFB and rebid.

2.8 For Milk: School Nutrition programs are required to “Buy American” (7 CFR 210.21), when purchasing domestic commodity or product with Federal Funds to the extent practicable. If the domestic commodity or product is unavailable, the distributor shall promptly notify the School Nutrition Department which will then determine the best alternative product for the District.

2.9 Domestic commodity or produce means: 1) an agricultural commodity that is produced in the U.S., and 2) milk that is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. (Substantially is defined as: over 51 percent of the final processed product consists of agricultural commodities grown domestically.)

3.0 GENERAL INFORMATION:

4.1. All communications regarding this solicitation must be with Marki Dixon, The Director of

Purchasing for RCPS.

4.2. All questions or requests for clarification must be sent to Marki Dixon at https://rockdaleschools.bonfirehub.com/opportunities/138849.

4.3. All addendums related to this solicitation will be posted on RCPS website at Bid Opportunities - Rockdale County Public Schools (rockdaleschools.org) It is the contractor’s responsibility to check the website for any addendums, responses to contractors’ questions, or other communications related to this solicitation.

4.4. Vendor is not required to submit proof of insurance with proposal but must submit within five

(5) business days after receiving a letter of intent. The insurance requirements are included in section 6 of the General Terms and Conditions.

https://rockdaleschools.bonfirehub.com/opportunities/92049 https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities

IFB 2024 - 0010 Milk Bid 7 Due: May 27, 2024, @ 11:00 a.m.

4.5. The ACORD certificate of insurance must list Rockdale County Public Schools as the additional insured.

4.6. Vendor agrees to and shall extend all of the same pricing, terms and conditions quoted to Rockdale County Public Schools (RCPS), to all RCPS authorized non-traditional schools and Departments.

4.7. Due to the large number of Vendors listed in certain commodity categories, not all Vendors will necessarily be sent an IFB each time one is issued. Invitations for Bid issued by the District are advertised on the District’s internet-site http://portal.rockdale.k12.ga.us/about/fs/ps/bids/Pages/default.aspx. It is the vendor’s responsibility to check the RCPS Bid Opportunities website for any addenda, responses to vendor questions, or other communications which may be necessary during the solicitation period.

5.0 PRICES QUOTED

5.1 For Goods: Bid pricing must include any and all delivery charges. Delivery and/or installation requirements will be as specified in the Special Terms and Conditions.

5.2 All bid quotes MUST remain firm for the requested Contract term. If prices need to be increased due to market volatility, then the District reserves the right to award to the next lowest Vendor if that company is able to hold prices firm at their original bid price, or re- bid the item(s).

5.3 For multiple year Contracts, no more than one (1) price change on any individual product will be allowed during any following 12-month period. Actual price must be based on current manufacturer’s price to the dealer plus dealer mark-up. Price changes to the District during the bid period will be allowed based on the percentage change of the manufacturer’s cost to the dealer during the bid period. The District must be allowed a minimum of thirty (30) days notice before price changes become effective.

5.4 Quantities/amounts noted in the IFB are estimates. Vendors are advised that the actual number purchased/required may vary from those in the IFB, depending upon the needs of the District and the availability of funds.

5.5 Bids that contain minimum order amounts may not be accepted unless called for in the Special Terms and Conditions.

5.6 Prompt payment discounts will be considered for the purposes of bid evaluation and award.

http://portal.rockdale.k12.ga.us/about/fs/ps/bids/Pages/default.aspx

IFB 2024 - 0010 Milk Bid 8 Due: May 27, 2024, @ 11:00 a.m.

5.7 Prices: All prices offered shall be firm against any increase for 1 year from the date of the award.

Subsequently, the school district may entertain a request for escalation/de- escalation on as needed basis. These price adjustments must be based on changes in market conditions and verified in accordance with the most recent publication from a valid third party. (See examples below:

1. USDA Agricultural Marketing Service (AMS) Report,

2. Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics,

3. Class I raw milk prices based on monthly USDA Federal Milk

Order announcements for the applicable geographical zone (may wish to include additional stipulations for milk within this clause), and/or other valid third party.)

Request for price increases and/or decreases must be submitted to the school district 5 days prior to taking effect. The aforementioned third-party publication/documentation must accompany requested price increases.

The SFA reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or denial. If price increases escalate above 10 % per the awarded price of each product, the SFA reserves the right to provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired, based on specifications. This clause also obligates vendor to provide price decreases from de-escalation on the same terms.

If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented economic instability, that are beyond the control of either the SFA or the vendor, a fixed fee price adjustment can also be increased up to 5% on as needed basis. This fixed fee price increase must be verified by the current applicable Consumer Price Index, such as the monthly Consumer Price Index motor fuel index for times when fuel prices unexpectedly increase rapidly.

The publication/documentation must accompany associated requested price increases.

6.0 SAMPLES

6.1 When required, samples must be furnished at the Vendor’s expense and at no cost to the District.

6.2 Samples are to be labeled with product information/specifications.

6.3 The District will assume no responsibility for items lost or destroyed when being inspected or tested.

IFB 2024 - 0010 Milk Bid 9 Due: May 27, 2024, @ 11:00 a.m.

7.0 VENDOR’S EVIDENCE OF RESPONSIBILITY

7.1 The District reserves the right to require a financial statement and/or Dun and Bradstreet rating from any Vendor who submits a bid. The Vendor must submit a current financial statement and/or

Dun and Bradstreet rating within 24 hours after notification of such requirement.

7.2 If your company has not done business with the District within in the past five years, you are required to furnish all information listed on the Determination of Responsibility form.

5.0 GENERAL TERMS AND CONDITIONS

5.1 By submitting a response to this request, the contractor accepts the responsibility of reading, understanding and abiding by the General Terms and Conditions below:

The District shall evaluate proposals in accordance with the evaluation criteria set forth in this Request for Proposal (IFB). Subsequent to the opening of the sealed proposals, discussion may be conducted between the District and any responsive and responsible Bidder who submits a proposal that is determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. In conducting any such discussions, the District shall not disclose any information derived from proposals submitted by competing Bidders. All such discussions shall be conducted by the Contract Administrator, Marki Dixon, and must be submitted in accordance to the Schedule of Events (Appendix A).

5.2 The District shall accord Bidders fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

5.3 The District reserves the right to reject all proposals, to reject any proposal that is non-responsive or not responsible, and to waive technicalities and formalities.

5.4 Any manufacturers listed within this proposal are to establish the general quality required. Items of other manufacturers of equal or better specifications will be considered. RCPS will be the sole determiner as to whether the substituted item is of equal or better specification.

5.5 Bidders are instructed to carefully read all terms, conditions, and specifications set forth in the IFB.

Proposal forms must be completed in their entirety. Any correction made on the proposal form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid or the bid may be rejected by RCPS. Each Bidder is required to furnish all information requested in the Invitation for Bid.

IFB 2024 - 0010 Milk Bid 10 Due: May 27, 2024, @ 11:00 a.m.

5.6 While the District desires the maximum amount of competition, it cannot assure that all potential Bidders will be sent an IFB each time one is issued. IFBs issued by the District are advertised on the District website, https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunities .

Thus, Bidders are advised to view this site regularly for a listing of IFBs.

5.7 All Addenda will be posted on the District’s website (noted above). Bidders are responsible for checking this website prior to proposal submission. Failure to acknowledge all addenda may result in rejection of your proposal as being non-responsive. Addenda will be e-mailed to all potential Bidders who requested a copy of the IFB. The District will not be bound by oral responses to inquiries or written responses other than addenda.

6.0 Insurance Requirements

The Bidder/Contractor agrees that, prior to the beginning of any work by the Bidder/Contractor or any

Subcontractor, as the case may be; the Bidder/Contractor will furnish, upon request, the following to the

District.

• Workers Compensation Insurance Certificate:

A certificate from insurance company showing a policy of Worker’s Compensation Insurance in any amount which fully complies with the statutory requirements of the State of Georgia and which includes $1,000,000 employer’s liability or a certificate from Georgia Workmen’s Compensation

Board showing Contractor as being an approved self-insured.

• Commercial General Liability and Property Damage Insurance Certificate:

A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000/2,000,000 bodily injury and property damage including coverage for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. Personal Injury, including death – minimum limits of

$1,000,000 for each person and $2,000,000 for each accident. Property Damage - minimum limits of $1,000,000 for each accident and $2,000,000 for aggregate of operations (annual).

• Business Automobile Insurance:

A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired vehicles.

Disposition: Certificate of insurance must be sent to the District/Owner prior to commencement of work.

See the following endorsement required on this certificate.

• The Contractor’s policies will be primary, non-contributory, and occurrence based. The insurer shall waive all rights of subrogation and contribution it may have against the District/Owner, its officers, employees and agents, and their respective insurers. The policy shall name the District as an additional insured in accordance with standard ISO additional insured endorsement form (CG2010(1185) or equivalent language.

IFB 2024 - 0010 Milk Bid 11 Due: May 27, 2024, @ 11:00 a.m.

All insurance policies shall be with carriers licensed to do business in the State of Georgia, and carry an

AM Best rating of “A” or better.

7.0 ADDITIONAL GENERAL TERMS AND CONDITIONS

By submitting a response to this request, the contractor accepts the responsibility of reading, understanding and abiding by the additional General Terms and Conditions below:

7.1 DEBARMENT AND SUSPENSION VERIFICATION

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.

By signing this agreement, the contractor is testifying that they are not debarred, suspended or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified.

Contractor certifies that the Contractor and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.

Vendor will immediately notify the District if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity.

8.0 VENDOR REQUIREMENTS

8.1 Vendor must be primarily engaged in the business of proving milk and milk products.

8.2. Vendor must have proven experience in providing the service specified in this solicitation.

8.3. Vendor must have adequate equipment, qualified personnel and the financial ability to provide the services specified in this proposal.

8.4. The Rockdale County Board of Education desires that the Rockdale County Public Schools operate in the most ethical and conscientious manner possible. Employees are expected to not only avoid any direct conflict of interest but also to avoid even the appearance of impropriety. In an effort to comply with Board policy and to ensure that our relationship with vendors is above reproach, vendors are prohibited from giving any RCPS employee any gift, favor, loan, reward, political contribution, gratuity, entertainment, transportation, lodging, or meal except those of nominal value (less than $50.00), which must be disclosed to the immediate supervisor and the Department of

IFB 2024 - 0010 Milk Bid 12 Due: May 27, 2024, @ 11:00 a.m.

Internal Auditing. Advertising items and instructional products that are widely distributed may be accepted. (Refer to Policy GAG and GAJB).

8.5. All contractors and vendors desiring to do business with the RCPS and/or to participate on RCPS contracts shall be required to comply with Board policy GAG, Staff Conflict of Interest. All vendors and contractors doing business with the RCPS shall provide all persons with equal opportunity without regard to race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability.

8.6. Vendors shall not contact RCPS Board members individually for the purpose of soliciting a purchase or contract between the time a request for proposal, request for qualifications or invitation for bid is formally under development and a recommendation is made by the administration to the Board; if applicable. If a vendor violates this prohibition during this time frame, consideration of the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

9.0 SUBMISSION REQUIREMENTS

9.1 Proposals shall be submitted online via the following link:

https://rockdaleschools.bonfirehub.com/opportunities/138849

9.2 The following required documents must be submitted with your proposal:

1. Non-Submittal Response Form

2. Offeror affirmation form (required for valid submission)

3. Contractor information form (required for valid submission)

4. Bidder’s Exceptions

5. Offeror reference form (required for valid submission)

6. Joint venture affidavit (check the appropriate box on the form)

7. Primary vendor / subcontractor utilization (check the appropriate box on the form)

8. Promise of non-discrimination (required for valid submission)

9. Contractor Affidavit of Compliance under O.C.G.A 13-10-91(b) (1)

10. Subcontractor Affidavit of Compliance under O.C.G.A 13-10-91(b) (3), if applicable.

11. Sub-subcontractor Affidavit of Compliance under O.C.G.A 13-10-91(b) (4), if applicable

12. Affidavit of Exception, if applicable

13. Local Preference Form

14. Occupation Tax Registration Certificate, (if applicable, refer to section 9 Local Preference)

15. Copy of local or state business license or permit.

16. Signature page to RCPS contract

17. Appendix E Certificate of Non-Collusion

18. Anti-Collusion Affidavit

19. Buy American Justification Form

20. Civil Right Assurance

21. Certificate Regarding Lobbying-Contracts, Grants, Loans and Cooperative Agreements

22. Milk Bid Tab Pricing (Excel File) Please attach.

https://rockdaleschools.bonfirehub.com/opportunities/92049

IFB 2024 - 0010 Milk Bid 13 Due: May 27, 2024, @ 11:00 a.m.

9.3 Proposals cannot be withdrawn after they have been submitted unless contractor makes a request in writing to the Director of Purchasing prior to the time set for receiving bids, or unless the Director of Purchasing fails to accept or reject the bids within one hundred and twenty (120) days after the date fixed for receiving said proposals.

9.4. Proposals which contain irregularities of any kind and/or do not comply fully with requirements stated in the solicitation documents may be rejected at the discretion of the Purchasing Manager.

RCPS shall not be liable for any costs associated or incurred by contractor in conjunction with preparation of solicitation responses.

9.5. RCPS reserves the right to waive any minor informality or error in the solicitation or contractors’ proposal which will not adversely affect competition.

9.6. By submitting a response, the contractor certifies that this proposal is made without prior understanding, agreement or connection with any corporation, company or person submitting a bid for the same service and is in all respects fair and without collusion or fraud; that collusive pricing is understood to be a violation of state and federal law and can result in fines, prison sentences and civil damage awards. It is further agreed that the contractor agrees to abide by all conditions of the solicitation, notice of award and/or purchase order(s) of RCPS and that the person signing this bid is duly authorized to bid on behalf of the contractor.

9.7. Failure to provide a submission with correct information listed may result in rejection of the proposal. If further information is required to demonstrate responsibility such as providing copies of licenses or permits (other than those mentioned, certificates, etc., the contractor will be notified, in writing and given five (5) days from notification to supply such information.

After the closing date and time, Procurement Services will conduct an administrative review of all bids received to determine responsiveness. Bids that are deemed to be responsive will be evaluated. Bids that are deemed to be non-responsive will not be evaluated or considered for award.

10.0 AWARD

10.1 Please be advised that it is the policy of the Rockdale County Public Schools that all contracts be awarded without regard to the race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability of the contractor.

10.2 This contract shall be for one (1) base term (of one year or less) with four (4) one-year options to renew at the sole discretion of the Superintendent of RCPS. The contract will be conditional upon the contractor’s ability to comply with requirements set forth in the solicitation documents.

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10.3 RCPS has selected as its owner’s representative, Director of Nutrition.

Supervision of the contract will be performed by the owner’s representative or his/her designee.

10.4 Contractor shall not provide goods or services until a purchase order has been issued by RCPS’s Purchasing Department.

10.5 The original and one (1) copy of itemized invoices must be submitted to:

Rockdale County Public Schools Attn: Accounts Payable Department P. O. Box 1199 Conyers, Georgia 30012

10.6 Invoice s must include the RCPS purchase order number and the “ship to” location where the goods and/or services were delivered that do not include this information will be returned to the vendor.

10.6.1 Separate invoices are required for each purchase order.

10.6.2 The accounts payable department may be contacted at (770) 860-4256.

10.7 Vendor Payment

RCPS may make payments to vendors via one of the following:

10.7.1 Automated Clearing House (ACH)

10.7.2 Check

10.8 At the end of each contract term, the awarded vendor may request a price re- determination. Price re-determination requests must be submitted to the Purchasing Department Contract Administrator ninety (90) days prior to the contract term expiration date accompanied by justification of price re- determination. RCPS may, at its discretion:

10.8.1 Accept the proposed price re-determination.

10.8.2 Reject the proposed price re-determination.

10.8.3 Suggest an alternative price re-determination.

10.9 If RCPS rejects a proposed price re-determination the awarded vendor may:

10.9.1 Continue with the existing pricing.

10.9.2 Suggest an alternative price re-determination.

10.9.3 End the contract.

10.10 RCPS reserves the right to reject all proposals when such action is in the best interest of the district.

10.11 Awards will be posted on the RCPS website at:

https://www.rockdaleschools.org/departments/financial_services/purchasing/bid_opportunitie s

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10.12 RCPS reserve the right to award by line item this contract to one or multiple vendors.

10.13 Prices will not be the sole determinant for the award. As defined by the American Bar Association Model Procurement Code, Competitive Sealed Proposals (IFB) will be evaluated based upon criteria formulated around best value, which may include among other criteria: price, quality, performance references, financial information and the ability to successfully supply services or commodities. A contract will be awarded to the lowest responsive and responsible Bidder whose proposal meets the requirements, specifications and contract terms contained in the IFB.

10.14 Proposals must include any and all delivery charges, unless otherwise stated. Delivery will be as specified under Shipping.

10.15 All prices are to be FOB destination; as specified in the Special Terms and Conditions.

10.16 Time of delivery is part of the bid and must be adhered to. Delivery times in excess of ten (10) business days are not favored and may not be accepted. If it is impossible to meet the delivery specified in the bid, Vendor shall state the best delivery possible in the space provided on the Bid Request. Time shall be stated in days and days shall mean “calendar days”.

10.17 If the items have not been delivered by the specified delivery date and no written extension of such delivery date has been granted by the District, the District reserves the right to cancel the purchase of the bid items and/or any other pending purchase orders from the same Vendor and/or permanently remove the Vendor from the District’s Vendor list.

11.0 CONTRACT

11.1 By submitting a response to this solicitation, the contractor affirms that it has read and will accept all provisions of the contract as written and attached to this solicitation.

Contractor also understands that these provisions are non-negotiable and that the contract is not legally binding upon the parties until executed by RCPS and contractor. The contractor must sign and submit the contract signature page with the response to the solicitation. By doing so, the contractor acknowledges that it accepts the provisions of the RCPS contract as written.

11.2 Should the General Terms and Conditions be in conflict with the Special Terms and Conditions, the Special Terms and Conditions will prevail.

IFB 2024 - 0010 Milk Bid 16 Due: May 27, 2024, @ 11:00 a.m.

APPENDIX E

CERTIFICATE OF NON-COLLUSION

By responding to this solicitation, the Contractor understands and agrees to the following:

He or she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal:

Such Proposal is genuine and is not a collusive or sham Proposal;

Neither the said Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Certificate, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Contractor, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Contractor, firm or person to fix the price or prices in the attached Proposal or of any other Contractor, or to secure through an collusion, conspiracy, connivance or unlawful agreement any advantage against Rockdale County Public Schools or any person interested in the proposed Contract; and

The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its agents, representatives, owners, employees, or parties in interest, including this Certificate.

Contractor’s Full Legal Name:

(PLEASE TYPE OR PRINT)

Authorized Signature:

Printed Name and Title of Person Signing:

Date:

Company Address:

Fax Number:

Email Address:

IFB 2024 - 0010 Milk Bid 17 Due: May 27, 2024, @ 11:00 a.m.

ANTI-COLLUSION AFFIDAVIT

STATE OF:

COUNTY/CITY OF:

, of lawful age, being first sworn on oath say, that he/she is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any state official of employees to quantity, quality, or price in the prospective contract, or any other terms of said prospective official concerning exchange of money or other thing of value for special consideration in the letting of contract; that the bidder/vendor had not paid, given or donated, or agreed to pay, give or donate to any officer or employee either directly or indirectly in the procuring of the award of a contact pursuant to this bid.

Signed

Subscribed and sworn before me this day of , 20 .

Notary Public (or Clerk or Judge)

My commission expires:

IFB 2024 - 0010 Milk Bid 18 Due: May 27, 2024, @ 11:00 a.m.

BUY AMERICAN JUSTIFICATION FORM

The Buy American Justification Form assists school food authorities (SFAs) with validation documentation to purchase non-domestic food products with nonprofit school food service account funds, in accordance with 7CFR 210.21(d). SFAs should complete this form upon identification of each non-domestic food product being served in the U.S. Department of Agriculture’s (USDA) School Nutrition Programs. Compliance with the Buy American Provision (BAP) is included in each SFAs Administrative Review (AR), and SFAs may use this to demonstrate justification for using non-domestic products when appropriate. The Buy American requirements are summarized in USDA Memo SP 38-2017: Compliance with and Enforcement of the Buy American Provision in the NSLP. SFAs are listed as the responsible parties for justification.

SNP School or District documenting justification:

Date: Name of individual completing form:

Non-Domestic Agricultural Product:

Please enter answers in column below:

Product Name:

Purchase Unit:

Storage Area:

(Ex: cooler, freezer, dry storage, etc.)

Country of Origin of Non-Domestic Product:

(Ex: processed in China, grown in Mexico, packed in Brazil, etc.)

Alternative Considerations to Using Non-Domestic Products Please enter answers in column below:

1. Cost analysis:

(Domestic cost is significantly higher than non-domestic)

☐ YES ☐ NO

a. Bid Cost per Unit of Domestic Product: $

b. Bid Cost per Unit of Non-Domestic Product: $

Additional explanation for decision:

Georgia Department of Education School Nutrition Program Page 1 of 2

IFB 2024 - 0010 Milk Bid 19 Due: May 27, 2024, @ 11:00 a.m.

2. Availability or Seasonality:

(Product not currently grown domestically)

a. Documentation demonstrating current unavailability on file: (Ex: Copy of Weekly Marketing Report or National Processing Report from Agricultural Marketing Service (AMS)) Note: Letter from vendor is insufficient by itself.

☐ YES ☐ NO

3. Are other domestic Sources available?

(Ex: Bid-awarded domestic juice unavailable from vendor’s listed manufacturer but can be ordered through a different manufacturer with an insignificant cost increase.)

☐ YES ☐ NO

a. If yes, explain how you used other domestic sources:

4. Is there a comparable substitute?

(Ex: serving domestic edamame instead of non-domestic garbanzo beans during seasons of low availability)

☐ YES ☐ NO

a. If yes, what other alternatives to using non-domestic food were considered?

Resulting Decision for Domestic vs. Non-Domestic Please enter answers in column below:

After considering alternatives to non-domestic products, were foreign products still used?

☐ YES ☐ NO

a. If yes, explain why non-domestic products were used instead of an alternate domestic product:

Note: School should retain and make notes of communications regarding the reasons for the exception to the Buy American provision.

This includes but is not limited to email or procurement notes of discussion regarding alternatives to non-domestic products purchased by the school.

Signature of Food Service Director Date

Georgia Department of Education School Nutrition Program Page 2 of 2

IFB 2024 - 0010 Milk Bid 20 Due: May 27, 2024, @ 11:00 a.m.

This form is available electronically. OMB Control No. 0505-0027

Expiration Date: 09/30/2025

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion AD-1048 Lower Tier Covered Transactions

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal, civil, fraud, privacy, and other statutes may be applicable to the information provided.

(Read instructions on page two before completing certification.)

A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency;

B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)

SIGNATURE(S) DATE

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). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint (https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442.

https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer

IFB 2024 - 0010 Milk Bid 21 Due: May 27, 2024, @ 11:00 a.m.

Instructions for Certification

(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.

(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

(3) The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"

"primary covered transaction," "principal," "proposal," 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, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

(5) The prospective lower tier participant agrees by submitting this form 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 with which this transaction originated.

(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification

Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that 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 eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records 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.

(9) Except for transactions authorized under paragraph (5) 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 with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Form AD-1048 (REV 12/22)

IFB 2024 - 0010 Milk Bid 22 Due: May 27, 2024, @ 11:00 a.m.

Civil Rights Assurance

The entire Civil Rights Assurance Statement must be included on all contracts, agreements, solicitations. Modify the assurance to specify your school district. The full assurance statement is as follows:

Rockdale County Public Schools hereby agrees that it will comply with:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

v. 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);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited

English Proficiency." (August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of

Agriculture (USDA) (7 CFR Part 15 et seq.);

viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the 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.

x. 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).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in 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, IFB 2024 - 0010 Milk Bid 23 Due: May 27, 2024, @ 11:00 a.m.

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 purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, Rockdale County Public Schools agrees to compile data, maintain records, and submit records and reports as required, to permit 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 Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on Rockdale

County Public Schools,…