1701 MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GA 30083

https://dekalbschoolsga.ionwave.net/Login.aspx

INVITATION TO BID

ITB NO. 24-397 DATE: January 12, 2023

FOR: School Nutrition Grocery Products

ALL PRICES TO BE F.O.B. DESTINATION WITH FREIGHT PREPAID TO:

School Nutrition Sam A. Moss Service Center

1780 Montreal Rd, Tucker GA 30084

BID RESPONSES MUST BE RECEIVED IN THE PURCHASING DEPARTMENT:

- DEADLINE TIME: 2:00 PM, Tuesday, February 14, 2023

- VIRTUAL PUBLIC BID OPENING: 3:00 PM, Tuesday, February 14, 2023

BIDS TO BE OPENED: 3:00 PM, Tuesday, February 14, 2023 DeKalb County School District - Purchasing Department 1701 Mountain Industrial Boulevard Stone Mountain, GA 30083-1027

BIDS RECEIVED AFTER DEADLINE TIME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED

DeKalb County School District Bid Contact Person:

Lakesia Watkins for questions at (678) 676-0315 or email at solicitationquestions@dekalbschoolsga.org

THE PERSON SIGNING THIS BID MUST BE LEGALLY AUTHORIZED TO BIND THE SUPPLIER.

SUPPLIER NAME ______________________________________________ _________________________________________________________

PRINT CERTIFYING SUPPLIER OFFICIAL’S NAME

ADDRESS ____________________________________________________

_____________________________________________________________ CERTIFYING SUPPLIER OFFICIAL’S SIGNATURE

TITLE OF CERTIFYING SUPPLIER OFFICIAL

AREA CODE, TELEPHONE NO., AND EXTENSION _____ _____ - _____ _____ ____ ____ ____ ____ ____

SUPPLIER FEDERAL I.D. NUMBER

SUPPLIER FAX NUMBER DATE ____________________________________________________

SUPPLIER OFFICIAL’S EMAIL ADDRESS__________________________ SUPPLIER WEB PAGE URL__________________________________

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 2

SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE

DeKalb County School District (DCSD) extends this offer to submit a bid for the possible purchase or lease of goods and/or services conforming to the enclosed specifications, terms, and conditions.

Bidders are required to submit one (1) original, one (1) duplicate copy and one (1) flash drive of the proposal. One (1) duplicate copy and one (1) flash drive are required to be submitted with the original in a sealed package. It is recommended that the copy and the flash drive be made after the original is complete and fully executed (signed and initialed) by the bidder’s authorized representative.

Bidders must label each bid document set as "ORIGINAL” or "DUPLICATE" at the top of the first page. Bidder must label the flash drive with the ITB number and Supplier name.

Sealed Bid Response Submission Format and Procedures Sealed bid responses must be in compliance with the stated specifications and instructions; signed by the certifying official/supplier official, and delivered to the DCSD Purchasing Department in accordance with this bid.

SEE REQUIRED SUBMITTALS/DOCUMENT CHECKLIST – PAGE 49.

Bid responses must be sealed and clearly labeled and addressed as shown below. See the Sealed Bid Identification Label posted to the website for printable labels –

SAMPLE SEALED BID IDENTIFICATION LABEL: SAMPLE SEALED BID ‘ADDRESS TO’ LABEL:

This information must appear in the lower LEFT This information must appear in the mailing corner of your sealed bid container (whether address area of your sealed bid container (whether envelope, box, express carrier package, etc.) envelope, box, express carrier package, etc.)

Boxes, express carrier packages, and any other containers which contain sealed bid responses must be clearly labeled as shown above and presented to the DCSD Purchasing Department.

Sealed bid responses are to be delivered to the DCSD Purchasing Department. DO NOT SEND SAMPLES TO THE DCSD PURCHASING DEPARTMENT. When samples are required, they must be delivered to the user department according to the instructions outlined in this bid under the heading “Samples.”

(SEALED BID RESPONSE)

DeKalb County School District

Purchasing Department

1701 Mountain Industrial Blvd

Stone Mountain, GA 30083-1027

ATTN: Carla L. Smith

ITB Number:24-397

ITB Name: School Nutrition Grocery Products

Due Date: Tuesday, February 14, 2023 @ 2PM

Company Name: _________________________

Company Mailing Address:

Contact Person Name: __________________

Contact Telephone No:(___)_____________

Email Address: ________________________

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 3

Sealed bids MUST be received by the DCSD Purchasing Department by the DEADLINE TIME stated on the cover of this solicitation. Bidders submitting bids in person must have their sealed bids date and time stamped upon delivery to the DCSD Purchasing Department by a Purchasing Department representative. Sealed bids must be placed in the care of a Purchasing Department representative.

Failure to follow these sealed bid label and submission requirements may cause bids to be declared non-responsive and rejected.

Time is of the Essence Award criteria includes the most accommodating delivery dates as determined by DCSD. Specify your earliest __________ and latest __________ delivery or service commencement delivery dates after receipt of the purchase order.

Hand Delivery Submission of Bids Prior to the submission deadline of Tuesday, February 14, 2023 at 2:00PM EST, an appointment must be scheduled with the Purchasing Department by submitting an email request to solicitationquestions@dekalbschoolsga.org. Please enter “Bid Submission Appointment – ITB 24-397 School Nutrition Grocery Products” in the subject line of your email. All appointments must be scheduled on a Monday, Tuesday, Thursday or Friday between 9:00AM-12:00PM Noon, before the February 14, 2023 submission deadline.

A confirmation of the appointment will be sent via email.

Virtual Public Bid Opening The public bid opening will be held virtually through Microsoft Teams on Tuesday, February 14, 2023 at 3:00PM EST. Those who would like to attend the acknowledgement, please register no later than Monday, February 13, 2023 by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please enter “Public Bid Opening – ITB 24-397, School Nutrition Grocery Products” in the subject line of your email. An invitation will be sent to those participants no later than Tuesday, February 14, 2023 by 10:00AM EST.

Bid Prices I hereby certify that the cost(s) included in this bid are accurate and binding for ninety (90) days from the Invitation to Bid opening date. If an award is not made within ninety (90) days, it shall be incumbent upon the bidder to notify DCSD in writing if it does not want its bid submittal considered further. Failure to notify the district will mean that the bid submitted remains valid until award, even if beyond ninety (90) days.

I further certify that the proposed cost(s) are accurate and reflect any applicable discounts and that the supplier which I represent will deliver the goods and/or services for this amount. I also certify that no extra costs or payments to any entity, including bidder, will be allowed for any miscalculation, deficiency, or difference discovered later.

Signature of Supplier Representative: _______________________________________ Date: _____________ (Supplier Name/Certifying Official Signature)

Inside Delivery Required.

No Order(s) Guaranteed There is no guarantee of any vendor receiving an order as a result of an open bid catalog discount award. Any/all costs incurred by the vendor in fulfilling the requirements of this bid, including catalog mailing, are the sole responsibility of the vendor. Expenses incurred by the vendor will not be reimbursed by DeKalb County School District or become a reason for placing an order(s) with the vendor.

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 4

Price Provision This is a term contract from July 1, 2023 through June 30, 2024 with a price escalation/de-escalation provision at renewal time. Bid prices will be firm from July 1, 2023 through June 30, 2024.

Actual bid price(s) must be based on current manufacturer’s price to the supplier plus supplier mark-up and must be consistent with market indices. Price changes (up or down) by the supplier will be allowed only at the renewal anniversary and shall be based on the percentage change of the manufacturer’s cost to the supplier. Only one (1) price change will be allowed during any 12-month period and at the renewal anniversary, commencing with July 1, 2024 (the renewal date), on any individual product or service included in this bid.

The bidder must supply the Purchasing Department of the DCSD with written proof from the manufacturer when (if) price changes occur. The written notification from the manufacturer (for DCSD) may specify actual dollar changes or may specify the change as a percentage.

The bidder must allow the Purchasing Department of DCSD a minimum of thirty (30) days’ notice before price changes take effect.

DCSD is not obligated to accept price escalations/de-escalations and reserves the right to negotiate with the next lowest bidder.

Renewal Options DCSD reserves the right to extend this bid contract prior to the bid contract end date of June 30, 2024 for up to four

(4) years through June 30, 2028 with the consent and written confirmation of the awardee.

Audited Financial Statements Bidder shall provide a copy of their company’s audited financial statements for the previous two (2) years - 2020 and 2021. Bidder shall provide a copy of their supplier’s annual report for the previous two (2) years – 2020 and 2021, if it exists.

Compliance with Specifications Bidder must indicate below whether or not this bid is in complete compliance with the stated specifications. If there are any deviations from the specifications, bidder must indicate in writing what the deviations are and must submit with the bid complete descriptive literature on the actual items bid. Attach and label additional sheets if necessary.

___ Bid is in complete compliance with bid specifications.

___ Bid deviates from stated specifications as follows:

Alternatives If bidding an equivalent, specify below the product being bid, and attach fully descriptive literature. FAILURE TO PROVIDE THIS INFORMATION WITH THE BID RESPONSE WILL CAUSE THIS BID TO BE REJECTED.

BID WILL CAUSE THE ALTERNATE TO BE REJECTED.

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 5

Business License Bidders shall submit with their submission, a copy of their valid supplier business license. If the bidder is a Georgia corporation, bidder shall submit a valid county or city business license. If the bidder is not a Georgia corporation, bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid business license issued by their home jurisdiction. If bidder holds a professional certification which is licensed by the state of Georgia, bidder shall submit a copy of their valid professional license. Any license submitted in response to this requirement shall be maintained by the bidder for the duration of the contract.

References Bidder shall provide a minimum of four (4) references, including supplier name, contact person, supplier address, telephone number, and email address. References shall be of a similar scope, complexity, and diversity. Submit references using the form provided on page 48.

Brochures, Catalogs, Manuals, Websites, Literature In addition to the formal response to this bid, all respondents are encouraged to submit brochures, catalogs, manuals, website materials, industry literature, DVDs, and any other marketing and informational media which will support and enhance their submission value.

Added Value Respondents are encouraged to describe in detail all added value or additional services or benefits available and offered at no cost to DCSD in their bid responses. Attach and label as “ADDED VALUE.”

Payment Options Payment will be made by electronic transactions or paper check. Electronic payments in the form of ACH (Paymode) or issued loadable credit cards (e-Payables) are the DCSD preferred methods of payment. Vendors will be issued paper checks only under special circumstances.

Illegal Immigration Reform and Enforcement Act of 2011 The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County School District solicitations for physical performance of services (i.e. public works contracts). The Illegal Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items, commodities and products.

Bidders must complete and/or have their subcontractors complete the following forms:

1) Immigration and Security Certification

2) Bidder E-Verify Affidavit

3) Contractor Affidavit (Contractor Only)

4) Subcontractor Affidavit (Subcontractor Only)

5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit of this solicitation document. The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, Subcontractor Affidavit and the Sub-Subcontractor Affidavit must be completed, notarized and submitted with your bid response.

I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers and confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a part of this solicitation response package. I also acknowledge that all items or services furnished to DCSD must comply with applicable federal and state immigration laws, and regulation.

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 6

______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation, because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation, then the bidder is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor Affidavit. Please be advised the Immigration and Security Certification and the Bidder E-Verify Affidavit must be completed.

Signature of Engaging Official: ________________________________________ Date: _____________ (Supplier Name / Certifying Official Signature)

Questions and Inquiries It is intended that this bid be adequate for any bidder to respond to the DCSD’s requirements. However, should bidders have questions; all questions shall be submitted electronically via email to solicitationquestions@dekalbschoolsga.org. Questions submitted to any other mail box, voice mail or e-mail address will not be considered for response. The deadline for receipt of bidder questions is Monday, January 30, 2023, at 12:00 PM. Questions received after the deadline time will not be considered. Questions received by the deadline time will be answered in writing and posted to the following website no later than Friday, February 3, 2023, at 4:30 PM.

Bid Contact The assigned contact person is Lakesia Watkins, Purchasing Auditor, telephone (678) 676-0315.

Except with the consent of the bid contact person, all bidders, including any persons affiliated with or in any way related to bidders, are strictly prohibited from contacting DCSD employees or consultants for DCSD on any matter having to do with any aspect of this bid, other than as provided herein. Any and all contacts with such persons associated with DCSD shall be in writing, in appropriate circumstances or cases, as directed by the contact person above. Except as expressly provided in, or permitted by, the bid documents, from the date of issuance of the Invitation to Bid until final DeKalb County Board of Education approval of contract award, the bidder submitting a bid shall not initiate any communication or discussion concerning this procurement with any employee, agent, representative, or member of the DeKalb County Board of Education. Any violation of this restriction may result in the rejection of the bid response.

Board Member Communication with Prospective Suppliers Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between the time a bid is formally released and a recommendation is made by the administration to the Board. If a vendor violates this prohibition during this timeframe, consideration for the vendor for award shall be invalidated. Board members shall be notified of possible violations and actions taken.

Merchantability and Quality Seller warrants that the goods will be of merchantable quality, free from defects in materials and workmanship, and will conform to the descriptions and specifications contained in this document and in seller’s catalogs; product brochures; and other representations, depictions, or models of the goods.

Specify your warranty/guarantee beyond that stated above in definite terms. Add additional literature/sheets if necessary. Provide a clear description of warranty/guaranty service offered, duration of service, and all stipulations (i.e., service provided on-site, call tag return required, vendor on-site pick-up, parts and labor included, parts only, number of years from purchase date warranty is valid, etc.):

ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 7

Quantities Quantities to be purchased during the contract period may vary. The successful bidder will be required to supply all items ordered throughout the contract period.

F.O.B. Destination All prices are to be F.O.B. Destination with freight prepaid by the bidder. Bid prices must include all charges for delivery and unloading as directed by the building authorities.

Conformity with Laws and Regulations All items or services furnished must comply with applicable federal, state, and local laws, codes, and regulations.

Exclusion of Trade Usages This document contains all the terms, conditions, and obligations to which the parties have agreed, and shall not be modified, controlled, explained, supplemented, or affected in any way by any usage of trade not expressly included in this agreement.

Conformity with UCC Unless the context requires otherwise, all terms used in this document and which are defined in the Uniform Commercial Code (“UCC”) as adopted by the State of Georgia shall have the same definition set forth in the UCC on the date of this agreement.

Cancellation/Termination for Convenience Awards, contracts, and renewals may be cancelled or terminated for convenience by DCSD at any time. In the event of termination of contract by DCSD, DCSD will be responsible only for those items and/or services that have been delivered and accepted according to the bid specifications.

Non-Performance and/or Termination

a. Immediate Termination. The award and contract will terminate immediately and absolutely if DCSD determines that adequate funds are not appropriated or granted, or funds are de-appropriated such that DCSD cannot fulfill its obligations under the contract, which determination is at DCSD’s sole discretion and shall be conclusive. Further, DCSD may terminate the contract for any one or more of the following reasons effective immediately without advance notice:

i. In the event the contractor is required to be licensed or certified 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. DCSD determines that the actions, or failure to act, of the contractor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized;

iii. The contractor fails to comply with confidentiality laws or provisions; and/or

iv. The contractor furnished any statement, representation, or certification in connection with the contract or the bidding process which is materially false, deceptive, incorrect, or incomplete.

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b. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for DCSD to declare the contractor in default of its obligations under the contract:

i. The contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the DCSD’s satisfaction, any material requirement of the contract or is in violation of a material provision of the contract, including, but without limitation, the express warranties made by the contractor;

ii. DCSD determines that satisfactory performance of the contract is substantially endangered or that a default is likely to occur;

iii. The contractor fails to make substantial and timely progress toward performance of the contract;

iv. The contractor becomes subject to any bankruptcy or insolvency proceeding under federal, county, or state law to the extent allowed by applicable federal, county, or state law including bankruptcy laws; the contractor terminates or suspends its business; or DCSD reasonably believes that the contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

v. The contractor has failed to comply with applicable federal, DeKalb County Board of Education and state laws, rules, ordinances, regulations, and orders when performing within the scope of the contract;

vi. The contractor has engaged in conduct that has or may expose DCSD or the DeKalb County Board of Education to liability, as determined at the DCSD’s sole discretion; or

vii. The contractor has infringed any patent, trademark, copyright, trade dress, or any other intellectual property rights of DCSD, the DeKalb County Board of Education, or a third party.

c. Notice of Default. If there is a default event caused by the contractor, DCSD shall provide written notice to the contractor requesting that the breach or non-compliance be remedied within the period of time specified in DCSD’s written notice to the contractor. If the breach or non-compliance is not remedied within the period of time specified in the written notice, DCSD 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 contractor; 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, DCSD may terminate the contract in whole or in part without the payment of any penalty or incurring any further obligation to the contractor. Following termination upon notice, the contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the contract to DCSD up to and including the date of termination.

e. Termination Due to Change in Law. DCSD shall have the right to terminate this contract without penalty by giving thirty (30) days written notice to the contractor as a result of any of the following:

i. DCSD’s authorization to operate is withdrawn or there is a material alteration in the programs administered by DCSD; and/or

ii. DCSD’s duties are substantially modified.

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f. Payment Limitation in Event of Termination. In the event of termination of the contract for any reason by DCSD, DCSD shall pay only those amounts, if any, due and owing to the contractor for goods and services actually rendered up to and including the date of termination of the contract and for which DCSD is obligated to pay pursuant to the contract. Payment will be made only upon submission of invoices and proper proof of the contractor’s claim. This provision in no way limits the remedies available to DCSD under the contract in the event of termination. DCSD shall not be liable for any costs incurred by the contractor 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 Contractor’s Termination Duties. Upon receipt of the notice of termination or upon request of DCSD, the contractor 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 therefrom, and any other matters DCSD may require;

ii. Immediately cease using and return to DCSD, any personal property or materials, whether tangible or intangible, provided by DCSD to the contractor;

iii. Comply with DCSD’s instructions for the timely transfer of any active files and work product produced by the contractor under the contract;

iv. Cooperate in good faith with DCSD, its employees, agents, and contractors during the transition period between the notification of termination and the substitution of any replacement contractor; and

v. Immediately return to DCSD any payments made by DCSD for goods and services that were not delivered or rendered by the contractor.

Conditional Bids Bids that are conditional (i.e., “Prices Subject To Change,” “Prices F.O.B. Shipping Point,” etc.) will not be considered.

Bids which in any way qualify or vary the terms of these instructions, conditions, and specifications shall be considered non-responsive.

No Obligation/No Order(s) Guaranteed/Cost to Bid Award will be made to the lowest responsive and responsible bidder meeting the specifications within appropriated funds available. The acquisition of any program, product, or element for these requirements is subject to the approval and funding by the DeKalb County Board of Education, and no obligation or commitment is incurred by the DeKalb County Board of Education from the receipt of any bid documents, materials, or presentations. There is no guarantee of any vendor receiving an order as a result of a bid or request for quotation. Any/all costs incurred, including sample submission (if required) by the vendor in preparation and submission of this bid, including catalog mailing, are the sole responsibility of the vendor. Expenses incurred by the vendor will not be reimbursed by DCSD or become a reason for placing an order with the vendor.

Signature of Supplier Representative: _______________________________________ Date: _____________ (Supplier Name/Certifying Official Signature)

Vendor Internal Coordination DCSD will look to the bidder as having “one corporate face” and will expect the bidder to coordinate, bid, and deliver those products and services best able to meet the identified needs of DCSD without DCSD’s involvement in subcontractor arrangements. The terms and provisions in this bid and any subsequent contract shall bind the bidder.

Nothing contained herein shall create any contractual relationship between any subcontractor and DCSD. The

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primary vendor (bidder) will be responsible for the supervision and conduct of any subcontractors assigned to this project. Purchase order(s) will be issued to the successful bidder only.

Fiscal Year Funding Implications The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may contain renewal and extension options. This solicitation, any resulting contract(s), and renewal and extension options are subject to approval and funding by the DeKalb County Board of Education. This solicitation, any resulting contract(s), and renewal and extension options shall terminate absolutely without further obligation on the part of DCSD at the end of the fiscal year following the date of the solicitation and at each June 30 renewal anniversary date thereafter unless the successful vendor is notified otherwise and agrees in writing to the exercise of renewal and extension options.

Taxes Purchases made by DCSD are not subject to state, federal, or local sales tax. A Sales Tax Exemption Certificate will be furnished upon request.

News Release Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD Executive Director of Communications.

Non-Discrimination DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of its employment practices, education programs, services, or activities.

DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include all responsible businesses and to provide ample opportunities for business growth and development. Minority businesses are encouraged and given the opportunity to bid on various projects; however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to increase the cost of the work.

Small and Minority Businesses and Women’s Enterprises It is the policy of DCSD that small and minority businesses and women’s enterprises have a fair and equal opportunity to participate in the DCSD purchasing process. All vendors that voluntarily register via the DCSD website are placed on a vendor list which is categorized into National Institute of Governmental Purchasing commodity/service codes and accessed as (if) requirements arise in those commodity/service codes. DCSD hosts an annual “How to Pursue Business Seminar” for all interested vendors. These seminars are advertised and are free of charge to attendees.

The seminar agenda includes a review of the DeKalb County Board of Education policies and procedures and features representatives from various internal DCSD departments as well as special guests from the DeKalb County Government and the State of Georgia.

Drug-free Workplace By submission of a response to this bid, the bidder certifies that he/she and his/her employees will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances or drugs on DCSD property during the performance of the contract.

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Smoke-free Workplace By submission of a response to this bid, the bidder certifies that he/she and his/her employees will not use tobacco products on DCSD property at any time during the performance of this contract.

Rights Reserved Award will be made to the lowest responsive and responsible bidder meeting the specifications within appropriated funds available. DCSD reserves the right to accept or reject any and/or all parts of any bid response(s) submitted, to accept the entire bid from a single bidder, to accept portions of bids from multiple bidders, and/or to reject all bids submitted. This right is reserved to award items on this bid by any logical group combination or by individual item, whichever is in the best interest of DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in responses received. The decision of DCSD shall be final.

Addenda It is the responsibility of bidders to regularly and often check for any addenda posted on the DCSD website - Purchasing Bulletin Board at the web address below. All posted addenda must be printed, signed by the Certifying Supplier Official, and included with the bidder’s bid submission. Failure on the part of bidders to make themselves aware of, and to comply with, all addenda requirements will not relieve them of this obligation. Click on the following link to the Purchasing Bulletin Board:

Suspension and Debarment By submitting this bid, the bidder certifies that the bidding supplier and/or any of its subcontractorsor principals have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal or state department or agency 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” and that the bidder complies with all applicable orders, rules, and regulations related thereto.

Further, by submitting this bid, the bidder certifies that all lower tier participating individuals and/or supplier(ies) and all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any transaction by any federal or state department or agency and that the bidder complies with all applicable orders, rules, and regulations related thereto.

The certification placed herein is a material representation of fact upon which reliance will be placed as bid submissions are evaluated and any transaction is entered into. If it is later determined that the prospective bidder has knowingly rendered an erroneous certification, DCSD may pursue all available remedies including, but not limited to, suspension and/or debarment.

The bidder shall provide immediate written notice to the Purchasing Department of DCSD if at any time the prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The bidder shall immediately provide written notice to the Purchasing Department of DCSD if bidder is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity.

The bidder agrees by submitting this form that, should the proposed transaction be entered into, the prospective bidder shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction.

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By signing and submitting this form, the bidder is providing the certification set out above.

Signature of Engaging Official: ______________________________________________ Date: _____________

Further, the Purchasing Department of DCSD will check the EPLS website at https://www.sam.gov/SAM/ to determine if the bidder is listed.

Bidder Performance The successful bidder is required to perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of this bid document. Specifications contained herein and in the successful response will become contractual obligations, if an award ensues. Failure of the bidder to fully perform these obligations may result in cancellation of the award and contract.

Bidder Failure In the event that a product, property, or service to be furnished by the successful bidder should for any reason fail to conform to the specifications contained herein, DCSD may reject the product, property, or service and may terminate the contract for default.

Failure of the successful bidder to perform on delivery of goods or services as specified may also result in the removal of that bidder from doing business with DCSD for a period of not less than one (1) year.

Georgia Open Records Act All bidder proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act which permits any citizen of this state to inspect and/or copy any documents prepared and maintained or received in the course of the operation of a public office or agency.

Record Retention Requirement The bidder 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 DeKalb County Board of Education throughout the term of the contract for a period of at least seven (7) 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 bidder shall permit the auditor of the DeKalb County Board of Education or any authorized representative of DCSD, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the federal 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 bidder relating to orders, invoices, or payments or any other documentation or materials pertaining to the award and contract, wherever such records may be located during normal business hours.

The bidder shall not impose a charge for audit or examination of the bidder’s books and records. If an audit discloses incorrect billings or improprieties, the DeKalb County Board of Education reserves the right to charge the bidder for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

Non-Collusion Bidders shall fully certify that they, as an individual or as an engaging official of a formal business entity, have not entered into any agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive responses to this bid. Further, bidders guarantee that their bid responses are not made in conjunction with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action to result in a restriction of trade or in an unfair advantage.

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Conflict of Interest Bidders must disclose with their bids the name of any officer, director, or agent who also is a DCSD employee or DeKalb County Board of Education member. Bidders must disclose the name of any DCSD employee or DeKalb County Board of Education member who owns, directly or indirectly, an interest of five (5) percent or more in the bidder’s firm or any of its branches. Bidders shall certify that this bid response is impartial, at arms-length, and free of any conflict of interest, unfair advantage, or personal benefit to any DCSD official.

Applicable Laws This bid is subject to the laws of the State of Georgia. Bidder shall comply with all federal, state, and local laws and applicable regulations and shall be in possession of all licenses and permits necessary for the delivery of products or services described herein.

Civil Rights Program Assurances The program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); all provisions required by the implementing regulations of the Department of Agriculture; Department of Justice Enforcement Guidelines, 28 CFR Part 50.3 and 42; and 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 benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement.

Equal Employment Opportunity compliance Statement ($10K+) 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.

Copyrights and Patents (to be included in contracts for purchases over minimum bid threshold) 48 CFR-Chapter 1-Subchapter H- Part 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in the Contractor’s possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold.

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2 CFR 200.322(a) § 200.322 Domestic preferences for procurements.

(a) 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, or other manufactured products).

Permits and Licenses Bidders shall, at their own expense, obtain all necessary permits and licenses and shall comply with all applicable local, state and federal laws, ordinances, rules, and regulations necessary for the full execution of the requirements stated herein. Bidders shall maintain all such permits, licenses, and compliances in a current status throughout the course of the contract. Bidders shall submit copies of permits, licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD.

Compliance with Environmental Laws and Regulations For all contracts in excess of $100,000, the bidder is required to 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 the Environmental Protection Agency regulations (40 C.F.R.

Part 15) for the facilities in which the contract is to be performed, or which are involved in the activity or program to receive assistance.

Energy Efficiency For all contracts, the bidder is required to comply with all applicable standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

Certification of Bid Price The bidder is required to 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 respects, fair and without collusion or fraud. The bidder must further certify that it understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. The bidder must agree to abide by all conditions of this bid, and certify that the certifying official is authorized to sign this bid for the bidder. (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.

Entirety of Agreement/Additional Terms In the event an award is made to a bidder, this bid document represents the entire agreement between DCSD and the successful bidder. DCSD shall not be bound to additional terms and conditions and/or extraneous language added to this document by bidders/proponents.

Assignment of Award Solicitation awards may not be assigned to another party without the expressed written permission of DCSD.

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Ownership Rights DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted by bidders in relation to this bid.

Infringement Bidders shall fully indemnify DCSD against any claims of infringement of any patent, copyright, trade secret, trademark, or other intellectual property rights in association with their bids.

Confidentiality and Non-Disclosure Information made available to respondents by DCSD shall be used only for purposes related to responding to this bid and shall not be used for any other purpose without the express written permission of DCSD.

Respondents to this bid unequivocally agree to assume responsibility for protecting and safeguarding the confidentiality of DCSD records that are not public information. Such information may include, but is not limited to, student and human resource file contents.

Protest Procedures for School Nutrition Bid Documents and Contract Awards

Protest Process This section describes the mandatory administrative procedure whereby vendors submitting sealed competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD directly related to school nutrition, as governed by 7 C.F.R. § 3016.36(b)(12), for proposals worth $50,000 or more may challenge the solicitation process, and whereby bidders/offerors on sealed competitive bids directly related to school nutrition for proposals worth $50,000 or more, as governed by 7 C.F.R. § 3016.36(b)(12), may challenge contract awards.

1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest will be resolved in accordance with these provisions.

2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation may file a protest with respect to the competitive solicitation process including, but not limited to, a challenge to specifications or any events or facts arising during the solicitation process. Any bidder submitting a timely bid/proposal in response to a competitive solicitation may file a protest with respect to DCSD’s intended or actual contract award including, but not limited to, events or facts arising during the evaluation and/or negotiation process.

3. Form of Protest. At a minimum, the written protest must include the following:

a. the name and address of the protestor;

b. appropriate identification of the solicitation;

c. a statement of reasons for the protest;

d. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time (in which case the vendor must proceed to file the protest during the filing period identified below but state the expected availability of the material); and

e. the desired remedy.

DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice by the protesting vendor.

4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a supplier officer authorized to sign contracts on behalf of the vendor, and is received by the Purchasing Department. The protest may be sent by any of the following means:

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MAIL: Attn: Carla Smith, Executive Director, Vendor Services

Administrative & Instructional Complex 1701 Mountain Industrial Blvd.

Stone Mountain, GA 30083

FAX: (678) 676-0283

The vendor must observe the following deadlines when filing a protest:

Type of Protest Protest Filing Deadline Challenge to Competitive Solicitation Process Two (2) business days prior to the closing date and time of the solicitation as identified on the Invitation to Bid.

Challenge to an Intended or Actual Contract Award

In the event DCSD posts a Notice of Intent to Award (“NOIA”), the protest must be filed within ten (10) calendar days of the date the NOIA is posted.

In the event DCSD does not post a NOIA, the protest must be filed within ten (10) calendar days of the date the Notice of Award (“NOA”) is posted.

If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with prejudice of any grounds the bidder may have for protest.

5. Stay of Procurement During Protest Review. When a protest challenging the competitive solicitation process has been timely filed at least two (2) business days prior to the closing date and time, the solicitation shall not close until a final decision resolving the protest has been issued, unless the Purchasing Department makes a written determination that the closing of the solicitation without delay is necessary to protect the interests of DCSD.

When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to actual contract award unless the Purchasing Department makes a written determination that the issuance of a contract or performance of the contract without delay is necessary to protect the interests of DCSD. If it is determined that it is necessary to proceed with contract performance without delay, the bidder/offeror with this contingent contract may proceed with performance and receive payment for work performed in strict accordance with the terms of the contract.

The provisions of this paragraph are not applicable to a protest pertaining to events or facts arising during the solicitation process.

6. Protest Resolution. The Purchasing Department…