2026LargeEquipmentBid 5_22_25.docx

REQUEST FOR PROPOSAL (RFP)

Large Equipment

SCHOOL NUTRITION PROGRAM

RFP NO. # SN002-2026

School Food Authority (SFA) Baldwin County Schools

Address: 155 Hwy 49 West Milledgeville, GA 31061

REQUEST FOR PROPOSAL TIMELINE

Final Date for Written Questions

6/5/2025

155 Hwy 49 West, Milledgeville, GA 31061

Noon

155 Hwy 49 West, Milledgeville, GA 31061

Name of Awardee (completed after contract is awarded)

INTRODUCTION

This document contains a Request for Proposal (RFP) for providing large kitchen equipment for Mini Middle GA Co-Op (MMGC). This RFP sets forth the terms and conditions applicable to the proposed procurement.

REQUEST FOR PROPOSAL

A. Legal Notice

Notice is hereby given that MMGC, hereinafter referred to as the SFA. The offeror to this RFP will be referred to as the Vendor.

No intent should be construed from this legal notice that the SFA intends to enter into a contract with any party for equipment, in the sole opinion of the SFA, it is in the SFA’s best interest to do so.

All costs involved in submitting a response to this Request for Proposal (RFP) shall be borne in full by the party incurring said cost. Offerors or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the offeror’s own risk, and it cannot secure relief on plea of error. The SFA is not liable for any cost incurred by the offeror in submitting a proposal.

SFA reserves the right to accept any proposal which it determines most favorable to the interest of SFA and to reject any or all proposals or any portion of any proposal submitted which, in SFA’s opinion, is not in the best interest of SFA.

Any contract that may arise from this RFP will be between the Vendor and the SFA and upon acceptance, this document shall constitute the Contract between the offeror and the school food authority. The Georgia Department of Education (GaDOE) is not and will not be a party to any contract between an SFA and a Vendor. The SFA has full responsibility for ensuring that the terms of the Contract are fulfilled. However, GaDOE can deny payment to the SFA if the SFA fails to ensure that all parts of the Contract are followed.

Any changes to the terms or conditions of this Contract, which are required by Federal or State law or rule, or changes to Federal or State laws, rules, or citations are automatically incorporated herein, effective as of the date specified in such law, rule and/or USDA Memo.

In accordance with Federal law and U.S. Department of Education policy, SFAs and FSMCs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

In the event of the Vendor’s nonperformance under this contract or the violation or breach of the terms of this contract, the SFA shall have the right to pursue all available administrative, contractual and legal remedies against the Vendor.

B. Procurement Method Procurement Method will be the Competitive Sealed Proposals method (commonly known as a Request for Proposals or RFP). The Competitive Sealed Proposals method differs from the traditional sealed bid method in the following ways:

· Competitive sealed proposals allow discussions with competing offerors and adjustments to the initial proposal.

· Comparative judgmental evaluations may be made when selecting among acceptable proposals for award of the Contract.

· Each district in MMGC will be making their own purchases. Certain specs may have slight variations according to the districts needs.

All procurement transactions shall be conducted in a manner that provides maximum full and open competition consistent with applicable regulations: 7 CFR 210.16, 210.21, 250 Sub D, 7 CFR 200.318-326, Appendix II Part 200.

Procurement must be conducted so that there is no apparent or real conflict of interest.

C. Pre-Proposal Meeting

Members of MMGC will be in contact to specify pre-proposal meeting in their districts, as needed.

Attendance is required.

Meeting will be documented with a sign in sheet. A summary of all information shared, questions asked, and answers will be provided as a numbered addendum(s) to this RFP to all interested parties. The addendum(s) must be signed by Vendors and returned as part of the RFP/Contract.

Vendor presentations will not be scheduled at this time.

D. Request for Proposal Submission

Proposals will be received until Noon on 06/23/2025 at 155 Hwy 49 W Milledgeville, GA 31061 for large equipment during the school year of 2026. All proposals will be time-stamped and dated upon receipt. Any proposal submitted after the time specified for receipt will not be considered and will be returned unopened.

All proposals must be submitted in a sealed envelope marked as Food Service Equipment Proposal, # SN002-2026 and also marked on the envelope with the offeror’s complete return address.

Email or facsimile (fax) submissions are not allowed.

Two copies of Competitive Sealed Proposals are to be submitted by US Postal Service (USPS), in person or by courier service to:

Name of SFA School Nutrition Director: Susan Nelson Mailing Address: Baldwin High, 155 Hwy 49 W City: Milledgeville State/Zip: Georgia 31061

To be considered, each offeror must submit a complete response to this solicitation using the forms provided, along with any other documents submitted as a part of the Proposal and considered responsive to this RFP. No other documents submitted with the RFP and Contract will affect the Contract provisions, and there may be no modifications to the RFP and Contract language. If the offeror modifies, revises, or changes the RFP and/or Contract in any manner, SFA may reject the offer as non-responsive. Any additional air, electrical, or gas alternations or requirements for said equipment must be disclosed in the bid proposals.

Qualification data shall be submitted by each offeror along with the sealed Proposal. Failure to furnish such records and evidence, or the inclusion of any false or misleading information therein, shall be sufficient cause for rejection of the Proposal or termination of any subsequent Contract. Include the following data:

· Offeror must be incorporated or licensed to do business in the State of Georgia and must be on or willing to be on the utilized list of vendors with the School Nutrition Division of the Georgia Department of Education (GaDOE). Provide any documents that indicate this listing.

· Information that the offeror is doing business with like school systems.

· Offeror shall submit for consideration such records of work and further evidence that may be required and requested by the SFA’s Board of Education.

As provided herein, under state law and, or regulations and the SFA’s local policy, discussions may be conducted with responsible offerors who submit proposals determined to be considered for award selection. Discussions will be for the purpose of clarification, to assure full understanding of all terms and conditions of the response to this RFP and the Contract’s requirements. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

If additional information is requested to adequately respond to this RFP, please contact Susan Nelson in writing at susan.nelson@baldwin.k12.ga.us. Any additional information provided to one offeror will be available to all.

Competitive sealed proposals are subject to all the conditions and specifications attached hereto.

D.1-Opening of Proposal:

Opening will be at Noon on 06/23/2025 at Baldwin High, 155 Hwy 49 W. Milledgeville, GA 31061. Proposals will not be accepted after the date and time as indicated in the RFP Timeline as the proposal due date. No proposal may be altered, amended, or withdrawn after the specified time for opening proposals.

E. Proposal Award Criteria

Award will be made only to a qualified and responsible offeror whose Proposal is responsive to this solicitation. A responsible offeror is one whose financial, technical, and other resources indicate an ability to perform the services required. All proposals are to be safeguarded by the SFA. Proposals will be evaluated by an SFA committee based on rubric scoring. Each SFA committee member will score each proposal independently for each line item before the committee identifies the most advantageous response. Committee members must consist of SFA employees familiar with the regulations and requirements of the child nutrition programs, parents, teachers and/or administrators. If a committee member is an agent for, employee of or in any manner associated with a Vendor, that Vendor may not participate in the RFP and subsequent contract. Once a potential awardee is selected for each piece of equipment, the SFA will notify vendors of Contract is awarding.

The offerors will be notified after all responses have been scored as to the status of their proposals. No information is released until after the award is made.

Weighted Evaluation Criteria

The SFA must determine in advance of issuing the RFP what percentage each category below will be given when comparing proposals. SFA may amend, delete or add additional categories if needed with an overall 100 points total. However, SFA may not include a category of prior experience with an SFA as it would violate USDA’s free and open competition regulation for procurement. A cut-off score must be pre-set by the SFA. Proposals that score under the cut-off score will not be considered for a contract and will be notified in writing. Only offerors that meet or exceed the cut-off score will enter into negotiations for a contract. The RFP must establish a level playing field for all offerors that submit proposals. Review the Criteria Award Table for the weighted percentages. Items may be awarded by line item or as a total package, whichever is the most valuable for each district. There may be more than one vendor awarded items within the proposal.

Criteria Award Table

(40) points Cost (must be the highest points) ____________________________

(20) points Installation and Free Staff Training ____________________________________

(20) points Experience, References _____________________________________

(20) points Warranty __________________________________________________

100 – Max Total _______________________________

F. Proposal Protest Procedures

Any protest shall be in writing and shall be delivered to the SFA’s address, Attn: Susan Nelson, Food Service Director, 155 Hwy 49 W. Milledgeville, GA 31061 A protest of a solicitation shall be received by the named individual before the offer due date. The protest shall be filed within ten (10) days from the award notice and shall include:

1. The name, address, and telephone number of the protestor;

2. The signature of the protestor or an authorized representative of the protestor;

3. Identification of the purchasing agency and the solicitation or contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents;

5. 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 MMGC, in all instances disclose information regarding protests to the State Agency.

G. Firm Offer

By submitting a response to this RFP, and if such response is not withdrawn prior to the time for opening of proposals, offeror understands and agrees that they are making a firm offer to enter into a Contract, which may be accepted by the SFA, and which will result in a binding Contract, per piece of equipment.

Such proposal is irrevocable for a period of ninety (90) days after the time for opening of proposal has passed. _______________.

(Vendor must initial and date here to show agreement)

H. Final Contract

The complete Contract includes all documents included by the SFA in the RFP, and all documents submitted by the vendor that have been mutually agreed upon in writing by both parties (i.e., worksheets, attachments, and operating cost sheets). Each district in the MMGC will maintain their own contracts, awards letters and vendor information. Baldwin County Schools is not responsible, including payments, for any of the other ten districts in the MMGC.

Paying the Vendor from School Nutrition Program funds is prohibited until the Contract is signed by the SFA, awarded vendor, and approved in writing by the State Agency (SA). Also, any renewals, amendments or addendums to the Contract must receive SA written approval before executing these modifications. 2 CFR 200.324(a) states that the SFA must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold (small purchases) including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the SFA must make independent estimates before receiving any modifications. After written approval is received all signed renewals, amendments and addendums will be sent to the SA and maintained on file by the SFA and Vendor.

DEFINITIONS AND TERMS

The following definitions shall apply within this document and its attachments:

1. Accounting Period: a specific period of time (e.g., each month)

2. Allowable Cost: costs that are allowable under 2 CFR Part 200 Subpart E Cost Principles.

All costs must be necessary and reasonable to be allowable.

3. Applicable Credit: the meaning established in 2 CFR Part 200 Subpart E Cost Principles and 2 CFR 200.406, respectively.

4. Contract: this RFP and Contract, the exhibits attached to this RFP and Contract, and Vendor’s Proposal, as accepted by SFA in its sole discretion.

7. Cost-reimbursable contract: a contract that provides for payment of incurred costs to the extent prescribed in the Contract, with or without a fixed fee.

8. Effective Date: July 1, 2025

9. MMGC – Mini Middle GA Co-Op; consisting of Baldwin, Laurens, Dublin City, Emanuel, Dooly, Pulaski, Dodge, Wilkinson, Telfair, and Johnson County School Nutrition

10. Program(s) or Child Nutrition Program(s): the USDA Child Nutrition Programs in which the SFA participates.

11. Proposal: Vendor’s response to the RFP and Contract.

12. RFP: SFA’s Request for Proposal and Contract, and all of its attachments.

13. SA: State Agency of the Georgia Department of Education School Nutrition Division

14. Services: the services and responsibilities of Vendor as described in this Contract, including any additional services described in Section O of this Contract.

15. SFA or School Food Authority: the school food authority as defined in 7 CFR § 210.2. as the governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Program therein or be otherwise approved by FNS to operate the Program.

16. SFA’s Food Service Program: the preparation and service of food to the SFA’s students, staff, employees and authorized visitors, for the following programs as identified in the SFA’s RFP and Contract, which may include the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the After-School Care Program, the Fresh Fruit and Vegetable Program (FFVP), Seamless Summer Option (SSO), Summer Food Service Program (SFSP) and a la carte food service.

17. SFA’s Food Service Location(s): the schools or other locations where Program meals are served to SFA’s schoolchildren.

18. Summer Program: either the Summer Food Service Program (SFSP) or the Seamless Summer Option (SSO) identified herein below, and in which SFA participates.

19. GADOE: Georgia Department of Education

20. USDA FNS: United States Department of Agriculture, Food and Nutrition Service.

STANDARD TERMS AND CONDITIONS

A. Scope and Purpose

1. Duration of Contract. Unless it is terminated, this Contract will be in effect for a period of one year commencing on July 1, 2025 and terminating on June 30, 2026 and may be renewed for four (4) additional terms of one year each upon mutual written agreement between SFA and Vendor.

Extension Option -The Contract may be extended up to three (3) months at the same proposed pricing provided mutual written agreement by both parties and only due to an unprecedented natural disaster or occurrence or other waivers issued by USDA regarding an extension for vendor contracts.

1. Vendor shall

a. be an independent contractor and not an employee of the SFA. The employees of the vendor are not employees of the SFA.

b. comply with all SFA building rules and regulations.

c. agree that this Contract is neither a cost-plus-a-percentage-of-income nor a cost-plus-a-percentage of-cost contract as required under United States Department of Agriculture (USDA) Regulations 7 CFR §210.16(c) and 2 CFR 200.324(d).

d. agree that no child who participates in the NSLP, SBP, SMP, ASCP, CACFP, SSO, or SFSP will be discriminated against on the basis of race, color, national origin, sex, age, or disability.

e. obtaining and posting all licenses and permits that it is required to hold under federal, state, or local law.

f. ensuring that its officers, employees, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from contractors nor potential contractors in accordance with all laws, regulations, and policies. To the extent permissible under federal, state, or local laws, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards. (See SP 09-2015; and 2 CFR Parts 200.112 & 318).

g. agreeing that this Contract is neither a cost-plus-a-percentage-of-income nor a cost-plus-a-percentage-of-cost contract as required under United States Department of Agriculture (USDA) Regulations 7 CFR §210.16(c) and 2 CFR 200.324(d).

h. ensuring that any additional payments to the SFA or any foundations or organizations associated with the SFA that are unrelated to food service, such as money or rebates for school improvements and student scholarships are not allowable.

i. agreeing that no child who participates in the NSLP, SBP, SMP, ASCP, CACFP, SSO, or SFSP will be discriminated against on the basis of race, color, national origin, sex, age, or disability.

j. Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.

2. Employees

1. Vendor shall provide and pay a staff of qualified (and operational) employees assigned to duty on SFA’s premises for efficient deliveries and installation of equipment.

2. Vendor shall provide Workers’ Compensation coverage for its employees, as required by law.

3. Vendor shall instruct its employees to abide by the policies, rules, and regulations with respect to use of SFA’s premises as established by SFA and which are furnished in writing to vendor.

4. Vendor will remove any employee who violates health requirements or conducts himself or herself in a manner that is detrimental to the well-being of the students, provided such request is not in violation of any federal, state or local employment laws. In the event of the removal or suspension of any such employee, vendor shall immediately restructure the food service staff to avoid disruption of service.

5. Vendor shall cause all its employees assigned to duty on SFA’s premises to submit satisfactory evidence of compliance with all health regulations to SFA upon request.

6. Vendor shall not blacklist or require a letter of relinquishment or publish or cause to be published or blacklisted any employee of vendor or SFA discharged from or voluntarily leaving the service of vendor or SFA with intent of and for the purpose of preventing such employee from engaging in or securing similar or other employment from any other corporation, company, or individual.

3. Sanitation and Cleanliness

1. Vendor will unbox/uncrate all equipment during installation.

2. Boxing materials, packaging and crates will be removed at the end of each day.

3. Work area will be swept cleaned, surfaces will be wiped clean and floors cleaned at the end of each day.

4. All trash will be taken off site for daily disposal.

5. No smoking, drinking of alcohol or vaping on campus.

I. Financial Terms

1. All facilities, equipment, and services to be provided by SFA shall be provided at SFA’s expense.

Payment Terms/Method

1. Payments will be made to the vendor on net 30 day payment plan after the completion of installment and equipment is operational by each individual district.

2. No interest or finance charges that may accrue under this Contract may be paid from SFA’s Nonprofit School Food Service Account.

3. SFA shall not be responsible for any expenditure incurred by vendor before execution of this Contract and approved in writing by GaDOE.

K. Term and Termination

1. If, at any time, SFA shall make a reasonable decision that adequate funding from federal, state or local sources shall not be available to enable SFA to carry out its financial obligation to vendor, then SFA shall have the option to terminate this Contract by giving 30 days written notice to vendor.

2. In the event either party commits material breach of this Contract, the non-breaching party shall give the breaching party written notice specifying the default, and the breaching party shall have 30 days within which to cure the default. If the default is not cured within that time, the non-breaching party shall have the right to then terminate this Contract for cause by giving 30 days written notice to the breaching party. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this Contract. Notwithstanding the foregoing termination clause, in the event that the breach concerns sanitation problems, the failure to maintain insurance coverage as required by this Contract, failure to provide required periodic information or statements or failure to maintain quality of service at a level satisfactory to SFA, SFA may terminate this Contract immediately.

3. If either party is prevented from performing its obligations under this Contract by war, acts of public enemies, fire, flood or acts of God (individually each known as a Force Majeure Event), or an unprecedented national disaster or pandemic, that party shall be excused from performance for the period of such Force Majeure Event exists.

4. In the event of vendor's nonperformance under this Contract or the violation or breach of the terms of this Contract, SFA shall have the right to pursue all available administrative, contractual, and legal remedies against vendor.

5. SFA is the responsible authority without recourse to USDA or GaDOE for the settlement and satisfaction of all contractual and administrative issues arising in any way from this Contract. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims or other matters of a contractual nature.

6. Either party may terminate this Contract for cause by providing sixty(60) days prior written notice to the other party. &CFR 210.16(d)

L. Insurance (SFA MUST evaluate and determine acceptable insurance limits for this section.)

1. Vendor shall maintain the insurance coverage set forth below for each accident provided by insurance companies authorized to do business in the state of Georgia.

A Certificate of Insurance of vendor’s insurance coverage indicating these amounts must be submitted at the time of award.

2. The information below must be completed by SFA:

a. Comprehensive General Liability—includes coverage for:

1) Premises—Operations

2) Products—Completed Operations

3) Contractual Insurance

4) Broad Form Property Damage

5) Independent Contractors

6) Personal Injury $ _________ Combined Single Limit.

b. Automobile Liability coverage $ __________ Combined Single Limit.

c. Workers’ Compensation—Statutory; Employer's Liability with a combined single limit of

d. Excess Umbrella Liability with a combined single limit of $ ____________

3. SFA shall be included as additional insured on General Liability, Automobile, and Excess Umbrella policies.

4. The contract of insurance shall provide for notice to SFA of cancellation of insurance policies 30 days before such cancellation is to take effect.

5. Notwithstanding any other provision of this Contract, SFA shall not be liable to vendor for any indemnity.

M. Certifications

Vendor shall execute and comply with the following Certifications:

· Debarment certification shall be provided by:

a. the SFA providing the page from www.sam.gov and maintaining such record with other supporting documentation to demonstrate that the SFA had referenced The System for Award Management; or

b. signing this Agreement, the vendor certifies that neither it nor any principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any federal department or agency or by the State of Georgia; or

c. submitting the Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts form (Exhibit N);

· Anti-collusion Affidavit, which is attached to this Contract as Exhibit J and fully incorporated herein;

· Certification Regarding Lobbying, which is attached to this Contract as Exhibit K and fully incorporated herein; and Standard Form-LLL, Disclosure Form to Report Lobbying, when applicable, which is attached to this Contract as Exhibit L and fully incorporated herein;

· Discount and Rebate Certification, which is attached to this Contract as Exhibit M and fully incorporated herein.

N. Miscellaneous

Name (vendor information):

Title:

Telephone number:

Alternate telephone number:

b. SFA shall notify vendor of any delay in the beginning of the school day or the closing of school(s)which may interfere with deliveries and/or installations due to snow or other emergency situations. Notification will be provided to:

Name (Vendor information):

Title:

Telephone:

Alternate telephone number:

2. GOVERNING LAW. This Contract is governed by and shall be construed in accordance with Georgia and federal law.

3. HEADINGS. All headings contained in this Contract are for convenience of reference only, do not form a part of this Contract, and shall not affect in any way the meaning or interpretation of this Contract.

4. INCORPORATION/AMENDMENTS.

This Request for Proposal and Contract, which includes the attached Exhibits A – M and vendor’s proposal documents (collectively the Contract Documents), contain the entire agreement between the parties with relation to the transaction contemplated hereby, and there have been and are no covenants, agreements, representations, warranties or restrictions between the parties with regard thereto other than those specifically set forth in this Contract.

In the event of a conflict between or among any of the terms of the Contract Documents, such conflicts shall be resolved by referring to the Contract Documents in the following order of priority:

(i) SFA’s Request for Proposal Solicitation

(ii) Vendors proposal documents.

(iii) SFA/Vendors final RFP/Contract The SFA alone must be responsible, in accordance with good administrative practice and sound business judgment for the settlement of all contractual and administrative issues arising out of procurements. 2 CFR 200.318(k)

No modification or amendment to this Contract shall become valid until a contract cost analysis is performed when exceeding the simplified acquisition threshold per 2 CFR 200.324(a) and approved in writing by GaDOE prior to execution and signed by both parties.

5. INDEMNITY. Except as otherwise expressly provided in this Contract, Vendor shall defend, indemnify, and hold SFA harmless from and against all claims, liability, loss and expenses, including reasonable collection expenses, attorneys’ fees and court costs that may arise because of the actions of vendor, its agents or employees in the performance of its obligations under this Contract, except to the extent any such claims or actions result from the negligence of SFA, its employees or agents. This clause shall survive termination or expiration of this Contract.

6. NOTICES. All notices, consents, waivers or other communications which are required or permitted hereunder, except those required under Emergency Notification herein above, shall be sufficient if given in writing and delivered personally, or by sending a copy thereof by first class or express mail, postage prepaid, courier service, charges prepaid or, as follows (or to such other addressee or address as shall be set forth in a notice given in the same manner):

To SFA:_____________________________________ To Vendor:____________________________________

If such notice is sent by mail or courier service, it shall be deemed to have been given to the person entitled thereto when deposited in the United States mail or courier service for delivery to that person and when received. All notices will be time and date stamped when received and kept on file.

7. SEVERABILITY. If one or more provisions of this Contract, or the application of any provision to either party or circumstance is held invalid, unenforceable or illegal in any respect, the remainder of this Contract and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

8. SILENCE, ABSENCE OR OMISSION. Any silence, absence, or omission from the Contract specifications concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials (e.g., food, supplies, etc.) and workmanship of a quality that would normally be specified by SFA are to be used.

9. SUBCONTRACT/ASSIGNMENT. No provision of this Contract shall be assigned or subcontracted without prior written consent of SFA, except that vendor may, after notice to SFA, assign this Contract in its entirety to an affiliated company or wholly owned subsidiary without prior written consent and without being released from any of its responsibilities hereunder.

10. WAIVER. The failure of vendor or SFA to exercise any right or remedy available under this Contract upon the other party’s breach of the terms, covenants or conditions of this Contract or the failure to demand prompt performance of any obligation under this Contract shall not be deemed a waiver of such right or remedy; of the requirement of punctual performance; or of any subsequent breach or default on the part of the other party.

Exhibits

Exhibit A

District Information

Baldwin County

478-272-4767

478-353-8000

Swainsboro, GA 30401 Chandra Hooks 478-237-6673

478-374-6491, Ext. 130

478-864-3446 ext 2713

Irwinton, GA 31042 Judy Brown 478-946-5521

229-868-5661

31092 Donna Coats 229-268-7751

478-783-7264

478-214-3895

Exhibit B

SCHEDULE OF APPLICABLE LAWS

· Vendor shall comply with the mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).

· Vendor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (the Act), 40 U.S.C. § 327-330, as supplemented by Department of Labor regulations, 29 CFR Part 5. Under Section 103 of the Act, Vendor shall be required to compute the wages of every laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in any workweek. Section 107 of the Act provides that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor.

· Vendor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60.

· Vendor shall comply with the following civil rights laws, as amended: Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities.

· BUY AMERICAN STATEMENT (Food only) 7 CFR 210.21(d) Contractor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American Act -7 CFR 210.21(d)) which requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American:

(1) Definition of domestic commodity or product. In this paragraph, the term ‘domestic commodity or product’ means—

(i) An agricultural commodity that is produced in the United States; and

(ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

Documentation must be received that requests:

(1) Consideration on the use of domestic alternative foods before approving an exception;

(2) The use of a non-domestic food exception when competition reveals the cost of domestic food is significantly higher than non-domestic food and

(3) The product is not listed on the Federal Acquisitions Regulations Nonavailable articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality.

DOMESTIC PREFERENCE FOR GOODS AND MATERIALS (Applicable to non-food only) 2 CFR 200.322

As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

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

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

Vendor has signed the Anti-Collusion Affidavit, Exhibit I, which is attached herein and is incorporated by reference and made a part of this Contract.

· Vendor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR Part 15).

· Vendor shall comply with the Lobbying Certification, Exhibit J, which is attached herein and is incorporated and made a part of this Contract. If applicable, vendor has also completed and submitted Standard Form-LLL, Disclosure Form to Report Lobbying, Exhibit K herein, or will complete and submit as required in accordance with its instructions included in Exhibit K-1.

· Food Recalls and Biosecurity: Vendor shall be expected to comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA and assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a separate document to be submitted along with a proposal. Vendor will provide the contact person and the backup person’s contact information, who will handle food recalls, to the school nutrition director or designee. Are the food recall procedures in compliance with 7 CFR 250 (NOTE: SFA responsibilities include: Implementing the recall procedures upon notification of a recall of USDA Foods;"&"Assigning a food safety coordinator and alternate, and provide the names, titles, email addresses, and telephone and fax numbers of the coordinator and alternate "&"; Maintaining a contact list for SFA serving sites, distributors, and other recipients. This list should have two recall contacts per site and be verified annually; Notifying all sites re: recall immediately – 24 hours or less, and ensure that the affected products are isolated and labeled “Do Not Use” to avoid accidental use; Identifying the locations of the affected products, and verify that the products have the correct product identification codes; Contacting further processors to track redirected food affected by the recall; Conducting an inventory assessment – 48 hours or less, of affected product: Served; Remaining in-stock at schools, warehouses, and distributors; Further distributed to program participants; Redirected for further processing; Submit the inventory assessment information to the SA Food Distribution Unit; and follow applicable destruction/disposal instructions provided by the SA).

Company Name

Contact Name

Phone Number

E-mail address

Back-Up Contact Name

Phone Number

E-mail address

· Biosecurity: Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the USDA, Food Safety, and Inspection Service. Vendor will define their biosecurity policy and procedures on a separate document to be submitted along with proposal.

· Davis Bacon Act: (for construction contracts in excess of $2,000) (if applicable) [Appendix II to 2 CFR 200(d)]. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

i. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

· Rights to Inventions Made Under a Contract or Agreement (if applicable) [Appendix II to 2 CFR 200 (f)]. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

· Procurement of Recovered Materials: (2 CFR 200.323) (if applicable) An SFA and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

· Force Majeure:

If the School Nutrition Program, in its reasonable discretion, determines that the Force Majeure Event is likely to delay Contractor’s performance for more than thirty (30) days, the School Nutrition Program 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 School Nutrition Program's obligation to pay the Contractor for work already completed by the Contractor and the Contractor’s warranty for work already completed.

· HACCP Requirements (N/A to Equipment):

The School Nutrition Program expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the proposal, the School Nutrition Program may require documentation verifying that a written HACCP plan is followed.

The successful offeror must have Hazard Analysis Critical Control Point (HACCP) plan on file for recall/hold control procedures including but not limited to:

· traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

· provision of 24/7 accessibility to successful offeror(s) staff in the event of a food/USDA Hold/Recall

· public notification capability on website to provide updates on food/USDA Hold and Recall data for customers.

Offeror shall provide ability to District of conducting a mock recall for product once per year.

Offeror will be responsible for all costs associated with replacement product(s), including but not limited to labor, shipping charges and product credit.

· HUB (Historically Underutilized Businesses) Statement:

It is the intent of the Baldwin County Board of Education to provide contracting with small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms.

When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below.

Such consideration means:

(1) These business types are included on solicitation lists;

(2) These business types are solicited whenever they are deemed eligible as potential sources;

(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;

(5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring a contractor under a Federal award to apply this section to subcontracts (2 CFR 200.3Exhibit I

Exhibit C

ANTI-COLLUSION AFFIDAVIT

STATE OF:

COUNTY OF:

, of lawful age, being first sworn on oath say, that he/she is the agent authorized by the offeror to submit the attached proposal. Affiant further states that the offeror has not been a party to any collusion among offerors in restraint of freedom of competition by agreement to propose at a fixed price or to refrain from proposing; 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 offeror/contractor 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 proposal.

Signed

Subscribed and sworn before me this _________ day of _______________, 20___.

Notary Public (or Clerk or Judge)

My commission expires:

Exhibit D

Certification Regarding Lobbying

Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, an employee of a Member of Congress, or any Board Member, officer, or employee of (School) SFA in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, an employee of a Member of Congress, or any Board Member, officer, or…