2024_2025.pdf

Georgia Educational Cooperative Food Service and Nutrition Programs

Invitation For Bid

Date Solicitation Issued: Friday, March 15, 2024 Solicitation Number: #IFB 2024-100 GEC NW Region Disposables and Chemicals

To All Vendors

Announcement: The Georgia Education Cooperative (GEC) invites bids on disposables.

Solicitation Due Date: Monday, April 15, 2024

Submission Procedures: An electronic copy of the bid must be submitted to nutrition@murray.k12.ga.us with a read receipt. “#IFB 2024-100 GEC NW Region Disposables and Chemicals Do not open until April 15” should be in the subject line of the email. Bids submitted via email are considered electronically sealed. This includes all sheets requiring signatures as well as electronic copy of pricing submission spreadsheet. Requests to receive a pricing spreadsheet may be submitted to Amanda Ridley, Murray County Schools at amanda.ridley@murray.k12.ga.us

Bid Opening: Electronically sealed bids with the corresponding read receipt will be opened on April 15 at 1:00

pm. Bids will be opened in public, but individual line item evaluations will not be discussed. Bids will be opened at Murray County School Nutrition Program 715 West Chestnut Street Chatsworth, GA 30705.

Bids received late will not be considered.

Question Period: Written Questions and requests for clarification may be submitted to Amanda Ridley, Murray County Schools at amanda.ridley@murray.k12.ga.us until 4:00 pm April 11, 2024.

Notice to Proceed: May 20, 2024

Contract Period: July 1, 2024 - June 30, 2025 with possibility of 4 annual renewals if mutually agreeable to both parties and compliant with the terms of renewal within the contract. (See Terms & Conditions)

Description: Contract(s) to purchase Kitchen Disposables and supplemental chemical Chemicals listed are only supplemental. This does not replace the current GEC warewashing and chemical bid that is already in place.

Type of Contract: Bottom line Reimbursable Cost with Escalation/De-Escalation Clause Plus Fixed Fee for Services mailto:nutrition@murray.k12.ga.us mailto:amanda.ridley@murray.k12.ga.us

TABLE OF CONTENTS

Bid Submission Instructions Page 4

Bidder’s Checklist Page 5

Glossary Page 6

Standard Terms and Conditions Page 7

Specific Terms and Conditions Page 22

Appendix A: GEC Member Participant List Page 32

Appendix B: Bid Certification Page 33

Appendix C: Debarment Certification Statement Page 35

Appendix D: Pricing Form reference (provided as an Excel file) Page 37

Appendix E: Pricing Form Instructions Page 38

Appendix F: Lobbying Disclosure Form Page 40

Appendix G: Contractor Affidavit Page 42

Appendix H: Immigration and Security Form Page 43

Appendix I: Vendor Contract Information Page 44

Appendix J: Vendor Reference Form Page 46

Scope

The purpose of this solicitation is to establish a source for the purchase of Disposable paper goods, supplies and limited chemicals for use by members of the Northwest Region of Georgia Educational Cooperative (hereinafter known as the GEC) for the USDA School Breakfast, School Lunch, Afternoon Snack, and the Summer Feeding Programs. The GEC encompasses 46 School Districts. For purposes of this Bid Contract, 21 Districts representing 164 schools will participate initially, see Appendix A.

School Systems may be added to GEC membership annually per GEC bylaws. New members or current districts which are not participating at the time of initial release may choose to participate in contract renewals. Contractor will be required to serve any district within 30 days of the approval of the request by GEC. The GEC will be responsible for determining if a "material change" has occurred which would require a re-issuance of the solicitation.

The quantities stated herein are based on historical data derived from prior purchases for the GEC and its school district members during the preceding twelve (12) month period. Estimated quantities are to be used for the purpose of estimating a forecast. The awarded distributor may not require the GEC and, by extension, its participating member districts, to purchase the estimated quantities.

Consistent, reliable, scheduled weekly deliveries are required as part of this contract.

A dedicated team of customer service personnel is expected as part of this contract.

The GEC nor its member districts assume any responsibility or obligation to bidders and are not responsible for any costs associated with submission of the bid.

Minimum Qualifications for bidders

1. It is preferred that each respondent be registered to do business in the State of Georgia. Each respondent should provide evidence of their registration with the bid submittal. A photocopy of your business license is acceptable.

2. Respondents must meet the minimum requirements for liability insurance and worker’s compensation coverage as stated in this document.

3. Respondents shall submit sufficient evidence of a minimum of five (5) years’ experience in similar projects, preferably with public school systems. Please submit three (3) references with contact information.

4. All services provided by the awarded vendor must be performed by a direct employee or Principal of the firm. The awarded vendor may not subcontract any portion of the services of this project.

5. Respondents must submit all required technical signature forms completed.

BID SUBMISSION INSTRUCTIONS

Bids shall be submitted in compliance with the following criteria:

A. An electronic copy of the IFB must be submitted to the provided email address with a read receipt requested. This includes all required documents as well as sheets requiring signatures and the electronic copy of the pricing submission spreadsheet.

THe spreadsheet is in excel format. Please do not return all pages of this IFB as part of your submission.

B. Electronic copies of the documents and pricing sheets must be submitted to nutrition@murray.k12.ga.us by the aforementioned deadline time. Note will be made of the time and date and the opening will be documented by the read receipt.

C. Corrections of written errors on signature pages: Erroneous information should be crossed out, corrections entered, and initialed by the person signing the bid.

Erasures or use of typewriter correction fluid may be cause for rejection. No bid shall be altered or amended after the time set for bid submission.

D. “#IFB 2024-100 GEC NW Region Disposables and Chemicals Do not open until April 15” should be in the subject line of the email

E. Pricing must be submitted via the GEC Bid Spreadsheet provided following instructions in order that scoring of all criteria can be made as a part of this Request for Bid.

F. Bids may not be submitted on company produced forms.

G. Pricing Sheet Format and Instructions can be found in Appendix D and E.

By submission of a bid, you are guaranteeing that all goods and services meet the requirements of the solicitation during the contract period.

NOTE: Once the Invitation for Bid has been released, all questions and inquiries must be submitted in writing to Amanda Ridley, Murray County Board of Education, Nutrition Services Department, 715 w Chestnut Street, Chatsworth GA, 30705 or by E-mail at amanda.ridley@murray.k12.ga.us by April 11, 2024 at 4:00 pm.

mailto:nutrition@murray.k12.ga.us

Bidders Checklist

Project/IFB Title: _____________________________________________________

Company name: _____________________________________________________

Authorized representative: _____________________________________________________

By submitting a response to this IFB, the bidder’s representative is acknowledging that he/she:

● Has read the information and instructions

● Agrees to comply with the information and instructions contained herein

● Agrees to send via email copies of only necessary sheets

● Agrees to submit electronic copies of the price quotation via email.

● Agrees to submit samples listed on page 29

Proposals should be emailed to nutrition@murray.k12.ga.us by the Apr 15, 2024 1:00 pm Deadline #IFB 2024-100 GEC NW Region Disposables and Chemicals Do not open until April 15 should be in the subject line with a read receipt requested.

Checklist:

Bidder’s Checklist Photocopy of state business license Appx J: Vendor References Samples Requested

Appx B: Bid Certification

Appx C: Debarment Certification

Appx D. Pricing form Excel Spreadsheet Appx F: Lobbying Disclosure

Appx G: Contractor’s Affidavit

Appx H: Immigration and Security Form

Appx I: Vendor Information Form mailto:nutrition@murray.k12.ga.us

GLOSSARY OF TERMS

Addendum: A change, addition, alteration, correction, or revision to the bid or contract document.

Bidder: A firm or corporation submitting a bid in response to this IFB.

Bid Unit: The unit designation which shall be applicable to all pricing offered for the bid evaluation. In some cases, the bid unit and vendor package unit may be the same.

Bid Units/Case: The number of individual bid units per delivered case of product. In some cases, there may only be one bid unit per delivered case.

Contractor: The provider of goods and/or services under the Contract.

Damaged Item: An item that has sustained damage that would allow spillage from the original container, could cause an alteration of the standard of quality from the originally produced product, or could jeopardize food safety.

GEC: The Georgia Educational Cooperative

NSLP: National School Lunch Program

Order Guide: A constantly maintained document in Excel format which lists all items available to be ordered by participating systems.

SBP: School Breakfast Program

Smart Snack: Item which meets criteria set forth by the USDA by which a food item is allowed to be sold as an a la carte or extra item by School Nutrition Programs. Nutritional and size limits are imposed for food and beverage items, often by grade level.

USDA: United States Department of Agriculture

STANDARD TERMS AND CONDITIONS

Assignment

No part of this contract nor any of its provisions may be assigned, sub-contracted, or transferred without the written consent of the GEC bid administrator or his/her designee.

Award Determination

This IFB is intended to be awarded to a single vendor and to result in a firm, fixed price contract. Bid prices must be guaranteed and remain valid for at least sixty (60) days following the submission date and time. The GEC reserves the right, in its sole discretion, to accept or reject any and all bids or parts thereof.

Bid Modifications; Withdrawal or alteration of offers

a) Bid modifications: Bids cannot be modified after receipt of bids. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The SFA reserves the right to request information or respond to inquiries for clarification purposes only.

b) Bid withdrawal: Bidders may withdraw bids at any time up to the scheduled time for receipt of bids.

Bidders desiring to withdraw their bid must submit the purpose for withdrawal in writing to the School Nutrition SFA before the bid opening deadline (bid close date). Bidders may resubmit bids provided it is prior to the scheduled time for receipt of bids.

c) Addendum: If clarification of the specifications/instructions is required the request shall be made in writing no later than the time and date specified on the Invitation for Bid Timeline. The school district will respond to the request in the form of an addendum issued to all potential bidders. No addendum will be issued within five working days of the date and time of bid opening.

Bid examination

i) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

ii) Bids will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the bid documents including the specifications and all requirements thereof of the IFB. It is understood that submission of a bid indicates full acceptance of the same by the parties submitting the bid. Furthermore, by submitting a bid the Bidder waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Bidder through examination of all documents or raising a question regarding requirements prior to submitting a bid.

BID PROTEST PROCEDURES

Any protests arising from this solicitation and award shall be made in writing and shall be delivered to Amanda Ridley, as the acting protest official of the GEC. Protest must be made in writing to Amanda Ridley, School Nutrition Director, at 715 W Chestnut Street Chatsworth, GA 30705. The protest shall be filed no later than ten (10) days from the award notice and shall include:

The name, address, and telephone number of the protester The signature of the protester or an authorized representative of the protester Identification of the purchasing agency and the solicitation or contract number A detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

The form of relief requested

A written response to the protest will be made within 30 days from receipt of the protest and all items indicated above.

The GEC shall in all instances disclose information regarding protests to State Agency.

Buyer-Contractor Relationship

Under arrangements of this contract, it is the contractor’s responsibility to represent the interest of the GEC and interact with manufacturers on problems relating to product pack and quality, make purchases of specified items at the lowest prices, including freight, and to promote the introduction of new items, either by manufacturer or distributor representatives.

Civil Rights Statement and Assurance

The MURRAY COUNTY SCHOOL DISTRICT 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, 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, the MURRAY COUNTY SCHOOL DISTRICT 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 the MURRAY COUNTY SCHOOL DISTRICT, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the MURRAY COUNTY SCHOOL

DISTRICT.

_____Amand� Ridle�__________________________ ____03/15/2024_________ Signature(s) Date Printed Name:____Amanda Ridley___________________________________ Title:_____SNP Director_________________________________

Clean Water/Clean Air Act

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any if Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended:

Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Code of Conduct

The following conduct will be expected from all persons who are engaged in the procurement process that uses School Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the GEC Member Districts shall participate in selection or in award or administration of a contract supported by the School Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

• An organization which employs or is about to employ one of the above.

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Board of Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited. Failure of any employee, officer, or agent to abide by the above states code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department. The Board of Education/SFA will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the Board of Education/GEC Member Districts.

Competition

This solicitation is intended to promote competition. If the language, specifications, terms, and conditions, or any combination thereof restricts or limits the requirements in this solicitation to a single source, it must be the responsibility of the interested vendor to notify the GEC in writing so as to be received five (5) days prior to the opening date. The solicitation may or may not be changed but a review of such notification will be made prior to award.

Contract Management

Systems participating in this bid will maintain a local procurement plan which includes contract management procedures. These procedures will include methods by which contract disputes (pricing issues, delivery and service issues, etc.) will be addressed and documented. Each member district will keep the bid administrator apprised of serious bid issues in case there are systemic issues with the vendor which should be addressed by the bid administrator.

Contract Term Clauses (Including Renewal and Extension)

Contract Term. The contract between GEC and the Vendor shall begin and end on the dates specified in the Request for Proposal, unless terminated earlier in accordance with the applicable terms and conditions. Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the State for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.

Contract Renewal. GEC shall have the option, in its sole discretion, to renew the Contract for additional renewals as defined in the Standard Contract on a year-to -year basis for up to 4 additional twelve month periods by giving the Vendor written notice of the renewal decision at least (30) days prior to the expiration of the initial term or renewal term. Renewal will depend upon the best interests of the GEC, funding, and Vendor’s performance. Renewal will be accomplished through the issuance of a written notice or Notice of Award Amendment.

Contract Extension. In the event that this Standard Contract shall terminate or likely to terminate prior to the making of an award for a new contract for the identified goods and services, the GEC may, with the written consent of Vendor, extend this Contract for such period as may be necessary to afford the GEC a continuous supply of the identified goods and services.

Complete Certification for Debarment and Suspension Form Attachment C 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 2 CFR 200.213.

The Vendor certifies that the Vendor and/or any of its sub vendors 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 2 CFR 200.213 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. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity. See Attachment C By signing this agreement, the Vendor 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. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

CONTRACT WORK HOURS/SAFETY STANDARDS ACT (40 U.S.C. 3701-3708) (where applicable) All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each 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 which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles.

Duty To Examine

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing an offer after the offer due date and time, nor shall it give rise to any contract claim. Lack of care in preparing an offer shall not be grounds for pricing adjustments which do not benefit the GEC and its member districts.

Energy Policy and Conservation Act

Compliance with 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 (Public Law 94-163, 89 Stat.871).

Equal Employment Opportunity Compliance Statement

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.”

Exceptions to Terms and Conditions

Any bidder who takes exception to a material requirement of any part of this solicitation, including a material term and condition, shall be rejected.

Force Majeure

If the GEC, in its reasonable discretion, determines that the Force Majeure event is likely to delay Vendor’s performance for more than thirty (30) days, the GEC reserves the right to cancel the agreement between the parties. In that event, neither party shall have any further liability to the other, subject only to the GEC’s obligation to pay the Vendor for work already completed by the Vendor and the Vendor’s warranty for work already completed.

Georgia Law

Upon award of a contract under this solicitation, the person, partnership, association, or corporation to whom the award is made must comply with the laws of Georgia which require such person or entity to be authorized and/or licensed to do business in this State. Notwithstanding the fact that applicable statues may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed bid, the successful bidder agrees to subject him/herself to the jurisdiction and process of the courts of the Georgia as to all matters and disputes arising or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

Hold Harmless

The vendor shall hold harmless and indemnify the GEC, its respective officers, and employees for every claim, demand, suit, and award which may be made from any and all damages and claims which may be made by reason of:

1) Any injury or death to person or property damage or loss sustained by any person, firm, or corporation caused by any act, neglect, default, or omission of the vendor or any person, firm or corporation, directly or indirectly employed by it upon, or in connection with its performance under this contract;

2) Any liability that may arise from the furnishing or use of any copyrighted or not copyrighted formula, secret process, patented or not patented invention in the performance of the services called for under the contract;

3) The vendor, at its own expense and risk, shall bear all reasonable attorneys’ fees, costs, and expenses which may be incurred in defending against any legal proceeding which may be brought against the GEC, its member districts, as well as their officers and employees, on any such demand, and satisfy any judgment that may be rendered against any one of them.

HUB (Historically Underutilized Business) STATEMENT

It is the intent of the GEC Member Districts to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms.

Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or noncompetitive procurement (2 CFR 200.321). Positive efforts include:

•Placing qualified small and minority businesses, women's business enterprises and labor surplus firms on solicitation lists;

•Assuring that small and minority businesses, women's business enterprises and labor surplus firms are solicited whenever they are potential sources;

•Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women’s business enterprises and labor surplus firms;

•Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women's business enterprises and labor surplus firms;

•Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and •Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

Evidence of Insurance

a) The successful company, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this IFB the following insurance:

Coverage Limits of Liability Workmen’s Compensation Statutory General Liability/Property Damage $500,000 each occurrence

$1,000,000 aggregate Personal Injury $500,000 each occurrence

$1,000,000 aggregate Automobile Liability/Property Damage $500,000 each occurrence Bodily Injury $500,000 each occurrence

$1,000,000 aggregate

b) Prior to commencement of performance of this Agreement, Vendor shall furnish to the School Nutrition Program a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the GEC Member Districts County/City Board of Education, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be cancelled without ten (10) days advance written notice to the School Nutrition Program. Such certificate shall be issued to GEC Member Districts County/City Board of Education, School Nutrition Program.

c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Vendor, whichever shall occur later.

Lobbying Certificate

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all bids and proposals $100,000 and over. Please see and complete Attachment F. 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.

Non-Appropriations

Any contract entered into by the Murray County school district on behalf of the GEC resulting from this solicitation shall be subject to cancellation without damage or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year or appropriated period.

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

Non-Collusion Statement

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect."

Procurement

The procurement is written to comply with all federal, state and local procurement laws. The Federal Procurement Laws and Regulations are contained in 2 CFR 200.213 and 317-326, and 2 CFR 180.

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. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Prohibition Against Conflicts of Interests, Gratuities and Kickbacks

"Any employee or any official of the GEC, any school district, elective or appointive, who shall take, receive or offer to take or receive either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm of corporation, offering, bidding for, or in open market seeking to make sales to the school district shall be deemed guilty of a felony and upon conviction such person or persons shall be subject to punishment or a fine in accord with State and/or Federal laws."

Proposer Qualification

Proposers must, upon request of the GEC, furnish satisfactory evidence of their ability to provide products in accordance with the terms and conditions of these specifications. The GEC reserves the right to make the final determination as to their ability to provide the products requested herein.

PROPRIETARY INFORMATION

If a bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing bidder asks to have access to the information. In such case, the school district will notify the affected bidder that a challenge has been made. If the affected bidder can produce a court issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released, and the school district shall not be held liable.

REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a) Immediate Termination. This contract will terminate immediately and absolutely if the GEC MEmber Districts determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the County/City SFA cannot fulfill its obligations under the Contract, which

(b) determination is at the GEC’s sole discretion and shall be conclusive. Further, the GEC may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

(i) In the event the Vendor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

(ii) The GEC determines that the actions, or failure to act, of the Vendor, its agents, employees or sub vendors have caused, or reasonably could cause, life, health or safety to be jeopardized;

(iii) The Vendor fails to comply with confidentiality laws or provisions; and/or

(iv) The Vendor furnished any statement, representation, or certification in connection with the Contract or the bidding process, which is materially false, deceptive, incorrect, or incomplete.

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the GEC to declare the Vendor in default of its obligation under the Contract:

(i) The Vendor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the SFA’s satisfaction, any material requirement of the Contract or is in violation of a material provision of Contract, including, but without limitation, the express warranties made;

(ii) The SFA determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

(iii) The Vendor fails to make substantial and timely progress toward performance of the Contract;

(iv) The Vendor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Vendor terminates or suspends its business; or the County/City SFA reasonably believes that the Vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

(v) The Vendor has failed to comply with applicable federal, state and local laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

(vi) The Vendor has engaged in conduct that has or may expose the GEC or the State to liability, as determined in the GEC’s sole discretion; or

(vii) The Vendor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the GEC, the state, or a third party.

(c) Notice of Default. If there is a default event caused by the Vendor; the GEC shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the GEC’s written notice to the Vendor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the GEC may:

(i) Immediately terminate the Contract without additional written notice; and/or

(ii) Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Vendor, and/or,

(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

(d) Termination upon Notice. Following thirty (30) days’ written notice, the County/City SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Vendor. Following termination upon notice, the Vendor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the County/City SFA up to and including date of termination.

Subject to the provisions below, the contract may be terminated fro any reason by the school district providing a thirty (30) day advance notice in writing is given to the distributor.

(i) Termination for Convenience: In the event that contract is terminated or canceled upon request and for the convenience of the GEC without the thirty (30) days advanced written notice,then the school district may negotiate reasonable termination costs, if applicable.

(ii) Termination for Cause: Termination by the GEC for cause, default, or negligence on the part of the contractor, will not allow any termination costs to be assessed to the GEC. The thirty (30) days advanced notice requirement is waived and the default provision in this IFB shall apply.

(e) Termination Due to Change in Law. The County/City SFA shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Vendor as a result of the following:

(i) The County/City SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the County/City SFA; and/or

(ii) The County/City SFA’s duties are substantially modified.

(f) Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the County/City SFA, the SFA shall pay only those amounts, if any, due and owing to the Vendor for goods and services actually rendered up to and including the date of termination of the Contract and for which the County/City SFA is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s claim. This provision in no way limits the remedies available to the County/City SFA under the Contract in the event of termination. The County/City SFA shall not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

(g) The Vendor’s Termination Duties. Upon receipt of notice of termination or upon request of the County/City SFA, the Vendor shall:

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the County/City SFA may require;

(ii) Immediately cease using and return to the County/City SFA, any personal property or materials, whether tangible or intangible, provided by the County/City SFA to the Vendor;

(iii) Comply with the County/City SFA’s instructions for the timely transfer of any active files and work product by the Vendor under the Contract;

(iv) Cooperate in good faith with the County/City SFA, its employees, agents, and vendors during the transition period between the notification of termination and the substitution of any replacement vendor; and

(v) Immediately return to the County/City SFA any payments made by the County/City SFA for goods and services that were not delivered or rendered by the Vendor.

RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the GEC Member’s Board of Education, School Nutrition Program throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Vendor shall permit the Auditor of the State of Georgia or any authorized representative of the School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Vendor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Vendor shall not impose a charge for audit or examination of the Vendor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the County/City Board of Education reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

Rejection or Disqualification of bids

i) A bid that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initialed and dated, may be rejected as non-conforming.

ii) The School Nutrition Program reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the School Nutrition Program’s issuance of a written notice of such irregularities.

iii) The School Nutrition Program reserves the right to disqualify bids upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

iv) Issuance of this IFB in no way constitutes a commitment by the School Nutrition Program to award a contract. The School Nutrition Program reserves the right to accept or reject, in whole or part, all bids submitted and/or to cancel this solicitation if it is determined to be in the best interest of the School Nutrition Program.

v) Any Bidder who has demonstrated and documented poor performance during a current or previous agreement, within the last 3 years, with the School Nutrition Program may be considered a non-responsible Bidder and their bid may be rejected. The School Nutrition Program reserves the right to exercise this option as is deemed proper and/or necessary.

vi) The School Nutrition Program reserves the right to accept or reject any or all bids, or…