6-Bid 26-08 School Nutrition Program - Cleaning Products - Solicitation Document - Final.pdf

Savannah-Chatham County Public School System 208 Bull Street / Savannah, Georgia 31401 / (912) 395-5600

INVITATION TO BID

The Board of Public Education for the City of Savannah and the County of Chatham, the body corporate responsible for public education in the City of Savannah and the County of Chatham commonly known as the Savannah Chatham County Public School System (hereinafter referred to as “SCCPSS,” the “School District,” or the “District”) would like to take this opportunity to announce that it is requesting bids for Bid 26-08 School Nutrition Program - Cleaning Products (Annual Contract).

The purpose of this invitation bid (“ITB”) request is to cover the terms and conditions under which the selected vendor shall be responsible to supply and deliver cleaning products to district sites on an annual contract. All Bid Packages should be submitted electronically in the format specified by uploading to the SCCPSS Purchasing Department e-Procurement portal at https://sccpss.bonfirehub.com.

If you have any questions concerning this solicitation, please submit them in writing through the Vendor Discussions section at https://sccpss.bonfirehub.com Please note that all communication relating to this solicitation must be directed to the Purchasing Department pursuant to SCCPSS policy.

Invitation For Bid Timeline

Bid Issue Date December 21, 2025

Deadline for Bidder Questions, Requests for Interpretations, Requests for Material Substitution of Products, Services or Contract Terms

January 8, 2026 prior to 5:00 pm (ET)

Pre-Bid Conference (if any) Not Applicable

Bid Due Date and Time January 22, 2026 at 2:00 pm (ET)

Bid Submission Location SCCPSS Purchasing Department e-Procurement portal at https://sccpss.bonfirehub.com

Bid Opening Date and Time January 22, 2026 at 2:00 pm (ET)

Bid Opening Location Electronically through the Bonfire Portal

Award Date (per award letter) TBD

Contract Start Date and End Date SCCPSS February 1, 2026 through January 31, 2027 https://sccpss.bonfirehub.com/ http://www.sccpss.com/NR/rdonlyres/30F33A04-35E1-4570-8E51-F4D15EED363F/0/LARGE_RGB.jpg

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Based on SCCPSS School Nutrition Template 4/12/2025 4907-9701-3806, v. 3

DEFINITIONS

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

Bidder: A firm, individual, or corporation submitting a bid in response to this ITB.

Bid Unit: The unit designation which shall be applicable to all pricing offered for bid evaluation purposes. Unit cost, freight, fixed fee, estimated usage, and the extended cost shall be stated in terms of the designated bid unit. In some instances, the bid unit and the package unit may be the same.

Contract Documents: Consist of the Agreement between the School Nutrition Program and the Vendor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

Damaged Item: Refers to an item that has sustained damage that would allow spillage from the original container, a loss or disfigurement of a label that would hinder identification, contaminated package that would affect the content of that package or any other happening that would affect the quality and/or quantity of the original item.

Dry Food Product: A dry product that does NOT require freezing or refrigeration.

Invitation to Bid (ITB): A type of solicitation document used in competitive sealed bidding, where the primary consideration is cost, and the expectation is that competitive bids will be received, and an acceptance (award) will be made to the responsive and responsible Bidder whose bid is lowest in price and meets the specifications of the bid. An ITB is a formal method of procurement that uses sealed bidding and results in a fixed price contract with or without adjustment factors. The ITB must be publicly advertised, and bids shall be solicited from an adequate number of known suppliers, providing them with sufficient time to respond prior to the date set for opening the bids.

Pack size: With some items the bid unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Bidder will be required to bid according to the designated bid unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit: The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold. This shall also mean packaging being referred to when the term "case price" is applicable.

SFA: School Food Authority

Solicitation: A document used by the School Nutrition Program to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all the requirements which the Offerors or Bidders must fulfill and all other factors to be used in evaluating the bids or proposals.

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

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I. BID REQUIREMENTS

A. Intent

1. It shall be the intent and purpose of this Invitation for Bid (ITB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver products to the SCCPSS, School Nutrition Program through sealed bids. School food authorities shall comply with the requirements of 7 CFR § 210.21 and 2 CFR Part 200, subpart D and USDA implementing regulations 2 CFR Part 400 and Part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective vendor performance and eliminate unfair competitive advantage, suppliers that develop or draft specifications, requirements, statement of work, or Invitation for Bids, must be excluded from competing for such procurements. (2 CFR 200.319)

2. The District is seeking to identify and select one or more vendors to provide the items as listed in the attached list in Attachment A for the locations listed in Attachment B. The selected vendor shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, the ITB and any applicable Addenda.

3. The District reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the District, without restricting competition.

B. Contract Time Period

1. Initial Term: The initial term of this contract, which results from the award of this ITB, shall commence and terminate on the dates shown on the Invitation for Bid Timeline (found on cover page).

2. Extension Option: Vendor shall agree to maintain the same terms and pricing of this Agreement for a period of ninety (90) days after the stated period of performance if this Agreement is not renewed as a transition period between contracts for the same or similar goods and/or services. If Vendor is not the successful bidder on the subsequent solicitation for the same or similar goods and/or services, Vendor shall agree to provide the same level of goods and services provided in this Agreement to the District for a period not to exceed ninety (90) days following the end of the stated performance period, allowing for an orderly transition to a new vendor.

3. Renewal Option: The District reserves the right to renew this Agreement for two additional one-year terms, if recommended by the Director of the School Nutrition Program and the Superintendent and approved by the District’s governing body, the elected School Board, to the extent such renewals are allowed by Georgia law.

C. Bid Submission Procedures

1. Bidders shall timely deliver Bid Packages by uploading to the e-Procurement portal, https://sccpss.bonfirehub.com BEFORE the “Bid Closing Date and Time” listed on the Invitation to Bid Timeline on the first page of solicitation, unless the “Bid Closing Date and Time” is extended by the District by an addendum to this solicitation. Bid Packages shall be uploaded to the portal as PDF documents.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1df897ac0ee53456d33c34fae017b4c8&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d0379c91b8e8c6172c6b2c6215434f62&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21

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2. The Bonfire Hub is a procurement portal provided to the District by Bonfire Interactive.

The Bonfire Hub is offered at no charge to Bidders, but Bidders will be required to register with Bonfire to submit their Bid Packages. It is recommended that Bidders register with Bonfire before the date of bid submission to help ensure that they are not delayed in submitting a Bid Package by the registration process. It will not be sufficient for a Bidder to have started the registration process before the “Bid Closing Date and Time.” The Bid Package must be fully uploaded and received by the Bonfire Hub System before the “Bid Closing Date and Time.”

3. Please include with your Bid Package all documents requested by this solicitation, including, but not limited to, copies of any requested licenses and your certificate of insurance.

Failure to include all of the information and/or documents requested by this solicitation could result in the Bidders’ Bid Package not being considered by SCCPSS

4. If a required form has a signature block for a notary, please sign that form in the presence of a notary and have the form notarized.

5. Time is of the essence. Bidders are responsible for ensuring that their bids are submitted in a timely manner through the e-Procurement portal. If a Bidder does not receive confirmation that its Bid Package has been received after submission, then the Bidder should contact the Bonfire Support Team at support.bonfire@eunasolutions.com.

While SCCPSS will accept all bids received in the https://sccpss.bonfirehub.com portal before the Bid Closing Date and Time, bidders should not wait until the last minute to submit bids. It shall not be sufficient to show that the Bidder was in the Bonfire Portal and in the process of uploading a Bid Package at the “Bid Closing Date and Time.” The submission must be timely completed through the portal to be accepted. The prevailing time will be that which shows receipt by the District through its e-Procurement portal. The District will not accept any Bid Package not timely submitted through the e-Procurement Portal.

6. By way of example, if the Bid Closing Date and Time is 11:00 a.m. (ET), Bidders should plan to have their Bid Packages submitted by 10:59:59:99 a.m., because they will not be able to submit their Bid Package through the e-Procurement Portal once 11:00 a.m. (ET) arrives, as determined by the e-Procurement Portal’s time stamp.

7. Bidders may withdraw Bid Packages at any time prior to the “Due Date and Time” set forth in the Invitation to Bid Timeline on the first page of this solicitation or as may be amended by addendum. Bidders may resubmit a new Bid Package provided it seeks to do so prior to the “Due Date and Time” for Bid Package submission. To revise and withdraw a bid prior to the scheduled deadline, please submit your withdrawal request at https://sccpss.bonfirehub.com.

8. Except as allowed by law with the consent of the District, Bid Packages cannot be withdrawn or modified after the submission deadline. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The District reserves the right to request information or respond to inquiries for clarification purposes only, but it is not required to give bidders an opportunity to correct inaccurate or incomplete Bid Packages.

mailto:support.bonfire@eunasolutions.com

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D. Receipt and Registration of Bid Packages All Bid Packages will be received in the Bonfire portal where they will be kept confidential and will be made available to District staff (but not the general public) for review and evaluation after the “Bid Due Date” for this solicitation as set forth on Page 1 of this solicitation or by subsequent amendment, unless sooner withdrawn by an Offeror as allowed by this solicitation. Bid Packages formally withdrawn prior to the “Bid Due Date” will not be available to the District through the Bonfire portal for review or consideration. Except as required by law, Bid Packages will not be made available to the general public unless or until an award is made (if any) to protect the competitive process. If an award is made at the conclusion of the evaluation process, public and non-proprietary information about Bid Packages will be made available to the public pursuant to Section K below. If this solicitation is cancelled before an award is made, proposals will not be made available for public inspection, except as may be required by law, to prevent offerors from having an unfair advantage in future solicitations for the same goods or services

E. Bids Considered an Offer.

1. A Bidder’s timely-filed, signed bid shall be considered an offer on the part of the bidder which may become a binding contract on the Bidder if accepted by the District at the conclusion of the bid evaluation process. By submitting a bid in response to this ITB, Bidder agrees that its bid will remain open for acceptance by the District for at least ninety (90) days without any changes in terms or pricing.

2. In event that the Bidder refuses to perform its promises made in its offer after acceptance by the District, the District may take such action as it deems appropriate to redress the bidder’s failure to perform, including legal action for damages or equitable relief, including specific performance, for the Bidder’s lack of required performance. To the extent the Bidder provided a bid bond, the District may seek payment on the bid bond.

F. Duty To Examine

1. It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time nor shall it give rise to any contract claim. i) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

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

3. The District is not liable for any costs incurred by Bidders prior to issuance of or entering into a contract. Costs associated with developing the bid, preparing for oral presentations, and any other expenses incurred by the Bidder in responding to this ITB are entirely the responsibility of the Bidder and shall not be reimbursed in any manner by the School Nutrition Program.

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G. Exceptions To Terms And Conditions

1. A bid that takes exception to a material requirement of any part of this solicitation, including a material term and condition, shall be rejected. A Bid submitted in response to this ITB constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this ITB, except to the extent that a Bidder takes exception to such provisions.

2. To take exception to a provision of this ITB, the Bidder must clearly identify in the BID EXCEPTION FORM: (a) the number and title of each section of this ITB that the Bidder takes exception to; (b) the specific sentence within such section that the Bidder takes exception to; and

(c) any alternate provision proposed by the Bidder. See SNP Solicitation Form 2.

H. Equivalent/Alternate Products

1. Manufacturer’s name and product model numbers as listed in these specification in Attachment A shall be used to establish minimum quality and design features which are acceptable. Manufacturer’s name and product model numbers as listed in these specifications shall be used to establish minimum quality and design features which are acceptable. Unless so specified, similar products of other reputable manufacturers will be acceptable, provided it is determined to the satisfaction of the Director of Nutrition Services or her designated representative. This determination shall rest solely with the Director of School Nutrition or a designated representative, subject to review by the Board of Education. If technical specifications are not included, the alternate product will not be considered. Submission of specifications and warranties does not guarantee approval of acceptance of the product.

2. The following should be provided with the bid documents for all alternate/equivalent items bid:

a) Product identification, including manufacturer and/or distributor’s name and number, brand name, product code, product label, quantity per case, case weight and item number.

b) Manufacturer’s product literature/specifications, including but not limited to product description, technical specifications and warranties.

c) Product has been personally investigated and determined that it is equal or superior in all respects to that specified.

3. Supplier will provide the same guarantee for the equivalent/alternate item as they would for specified product indicated in the bid documents.

I. Minimum Order Clause.

Any minimum order requirements imposed by the Offeror shall be stated on bids prior to bid opening and contract award. Order limitations placed on the District after contract award will not be accepted. If the successful Offeror fails to honor orders placed by the District for the entire period of the contract, then the Offeror will be held responsible for any cost incurred by SCCPSS to resolicit for the item(s). The District reserves the right to negotiate minimum orders whether by total dollar amount and/or by volume in association with the total amount of award to the Offeror in terms of total dollar amount and/or volume. If mutual agreement cannot be reached as to the minimum order amount, the District reserves the right to find the Offeror non-responsive and to make the award to the next low bidder who is responsible and responsive or to resolicit for those items, whichever is deemed in the best interest of SCCPSS as determined by the Director of Purchasing. The decision of District shall be final and unappealable.

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J. Additional Bid Instructions

1. Conflict of Interest As part of the solicitation process, the Vendor is required to disclose the name of any officer, director, employee, agent, or consultant who is also an employee of District and the name of any District employee who owns, directly or indirectly, a stock interest in the Vendor's firm or any of its branches. The Vendor is required to disclose any other real or apparent conflict of interest with any of the District employees.

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

3. Evidence of Financial Capabilities After the bid opening, Bidders must be prepared to present suitable evidence of their financial standing within three (3) business days after request by the District. This evidence would include an income statement, balance sheet and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the financial statements.

4. Offer Acceptance Period – Bids received are an irrevocable offer for 90 days after the bid opening time and date.

K. Pre-Bid Conference

If a pre-bid conference has been scheduled under this solicitation, the date, time, phone number and location will be outlined in the chart below. Bidder should raise any questions it may have about the solicitation or the procurement at that time. A bidder may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the solicitation shall be answered solely through a solicitation addendum.

Date: N/A Time: N/A

Location: N/A Phone Number: N/A

L. Addendum If clarification of the specifications/instructions is required, the request shall be made in writing no later than the time and date specified on the Invitation for Bid Timeline. The school district will respond to the request in the form of an addendum issued to all potential bidders. No addendum will be issued within five working days of the date and time of bid opening, unless the due date is extended to provide at least five additional working days after the issuance of addendum. Responses to inquiries that affect the content of this ITB will be provided in writing to all recipients of the ITB. It is the responsibility of each Bidder to inquire about any aspect of the ITB that is not fully understood or is believed to be susceptible to more than one interpretation. The District will accept only written inquiries regarding this ITB until the date shown on the Invitation for Bid Timeline, in order for a reply to reach all Bidders before the bid closes and to give bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an ITB will be furnished to all prospective Bidders as an Addendum to the ITB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

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M. Bid Opening Date/Time/Place

Bids will be opened at the date, time and location shown on the Invitation for Bid Timeline.

N. Evaluation Factors

1. Bids will be evaluated in accordance with the required specifications as listed in this ITB.

At the School Nutrition Program’s discretion, a bid may be eliminated from consideration for failure to comply with any required specifications, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in the School Nutrition Program’s opinion, the best overall solution to meet the School Nutrition Program’s specifications.

2. The School Nutrition Program reserves the right to award a single contract for the total requirement of the ITB or award multiple contracts on a group or line-item basis in any combination that best serves the interest of the School Nutrition Program. For this solicitation, the District’s preference is to award a single contract to a single vendor who offers the lowest overall price for all items, rather than awarding each item on a line-item basis. If a single bidder cannot award all items, then the District may award the contract to the vendor who provides the lowest price for the largest combination of items and obtain the items that cannot be obtained from that vendor from other vendors in this solicitation or otherwise.

O. Rejection or Disqualification of Bids

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

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

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

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

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

6. The School Nutrition Program reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the School Nutrition Program. The District also reserves the right to cancel a solicitation.

P. Award Determination Statement

1. This ITB is intended to be awarded to a single or to multiple vendors and to result in a firm fixed price contract. All bid prices shall remain firm for terms set forth below in Section III and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

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2. The award of this ITB is contingent upon available budget funds and approval of the Board of Public Education for the City of Savannah and the County of Chatham.

3. The School Nutrition Program will award the contract to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the ITB, within approximately sixty (60) days of the opening of the bids. Submitted bid pricing shall remain valid during this sixty-day period. The School Nutrition Program reserves the right, in its sole discretion, to accept or reject any and all bids or parts thereof.

4. An official letter of acceptance will be forwarded by the School Nutrition Program to the successful Bidder after bid selection and prior to contract award.

5. Upon acceptance and award of a vendor's bid, the contract between the Bidder and the District shall be drafted from (a) the ITB and addenda, (b) the selected bid response to the ITB by the Bidder and any attachments thereto, and (c) amendments that may be negotiated between the parties at the time of award. The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written. Any amendments to this Agreement after award of the contract must be in writing and signed by a District representative with authority under Board Policy.

Q. Bid Protest Procedures

1. Any actual Bidder or bona fide prospective Bidder who is aggrieved in connection with this ITB may protest to the Purchasing Director by email to purchasing@sccpss.com. Please include “PROTEST- [BIDDER NAME] BID NUMBER, BID NAME,” clearly marked in UPPER CASE in the subject line of the email. It is incumbent upon the Bidder to receive confirmation from the Purchasing Department that its protest has been received. Bidders who do not receive confirmation of the protest by email during normal business hours of 9:00:00 a.m. to 5:00:00 p.m, on the day the protest is sent should call the Purchasing Department to confirm receipt of the protest at (912) 395-5572.

2. By submitting a Bid in response to this ITB without filing a protest observing the deadlines set forth below, the Bidder waives any objection to the content of this ITB (including any attachment or addenda) issued prior to as well as any objection to any procedure outlined therein.

Protests filed after the deadline for submissions shall only concern the implementation of the ITB as applied to the Bidder or addenda issued after the submission date.

3. Any protest to the content of this ITB (including any attachment or addenda) as well as any objection to any procedure or evaluation criteria outlined therein shall be filed no later than five (5) business days prior to the deadline for submissions of bids, unless the objection concerns an addendum issued fewer than five (5) business days prior to the deadline for submissions of bids, in which case, an objection may be filed to that addenda only at any time before the submission deadline.

4. Any protest filed after the submission deadline shall be submitted within five business (5) days after the action by the District on which the grievance is based, but in no case later than five business (5) days after the date of the District’s notice of intent to award a contract for the provision of goods and/or services requested in his ITB, which will be transmitted by fax to all Bidders.

5. The District shall not intentionally withhold information that is stated in this ITB to be forthcoming at certain intervals, but failure of the District to notify a Bidder who might be aggrieved by the content of such notification shall not give rise to any claim or rights resulting from said mailto:purchasing@sccpss.com

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4907-9701-3806, v. 3 failure. Only formal protests will be considered, and in order for a protest to be considered as formal, it must be presented in written form, and must contain a minimum of the following:

a) A specific identification of the statutory or regulatory provision(s) that the District’s purchasing staff member or department is alleged to have violated,

b) A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified above,

c) A precise statement of the relevant facts that include timelines and all involved parties, and

d) An identification of the issue(s) that needs to be resolved that support the protest.

6. The letter of protest shall be taken under consideration by the Chief Financial Officer and/or the Superintendent, who shall respond to the protesting Bidder within ten (10) business days of receipt of the letter of protest. The initial written response may explain that the Chief Financial Officer and/or the Superintendent need additional time to review the Protest. In any event, a final decision will be issued on the Protest by the Chief Financial Officer and/or the Superintendent before the execution of a final contract with the successful Bidder. An unresolved protest will not preclude the School Board from approving an award at a public meeting, but the resulting contract will not be executed until a final decision on the protest is made by the Chief Financial Officer and/or the Superintendent. The written decision of the Chief Financial Officer or Superintendent shall be final and conclusive.

II. STANDARD TERMS AND CONDITIONS

This contract between the Board of Public Education for the City of Savannah and the County of Chatham, the body corporate responsible for public education in the City of Savannah and the County of Chatham commonly referred to as the Savannah Chatham County Public School System (“SCCPSS”) (hereinafter referred to as the “District”), which is headquartered at 208 Bull Street, Savannah, GA 31401 and the Vendor shall be governed in accordance with the laws of the State of Georgia and all applicable Federal regulations.

A. Regulatory Compliance District Required For All Bids

1. Lobbying Disclosure Certificate

(31 U.S.C. §1352)

A Lobbying Certification and Disclosure must be completed by vendors that apply or bid for an award exceeding $100,000. Please see and complete SNP Solicitation Form 3. If applicable, Vendor has also completed and submitted Standard Form-LLL, Disclosure Form to Report Lobbying, SNP Solicitation Form 3 herein, or will complete and submit as required in accordance with its instructions. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

2. Debarment and Suspension Verification

(2 CFR 200.13)

The District shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment.

Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200.213.

Vendor shall complete SNP Solicitation Form 4 and the Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180.These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity.

By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689):

A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

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3. Equal Employment Opportunity Compliance Statement

(2 CFR Appendix II to Part 200, Section (C)) (for contracts over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, the District 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.

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60.

4. Procurement Of Recovered Materials (2 CFR § 200.323) (for contracts over $10,000)

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

5. Clean Air/ Clean Water Statement (for contracts over $150,000)

For any contract in excess of $150,000.00, the Vendor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Vendor further certifies that none of the facilities it uses to produce goods provided under the Contract are on the EPA List of Violating Facilities. Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

6. Energy Policy and Conservation Act

The Vendor shall comply with all mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 STAT. 871) and any amendments.

7. Buy American Statement (7 CFR § 210.21(d) (Contracts for food products only)

a) The Vendor 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 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60

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4907-9701-3806, v. 3 institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. 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.

b) Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved by the District upon request. To be considered for an alternative or exception, the request must be submitted in writing to the District a minimum of five (5) days in advance of delivery. The request must include:

(1) Alternative substitute(s) that are domestic and meet the required specifications including the price of the domestic food alternative substitute(s);

and availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for the exception: limited/lack of availability or price (include prices of domestic and non-domestic alternatives if proposed); the product is listed on the Federal Acquisitions Regulations Nonavailable articles list found at 48 CFR 25.104, as amended, and/or is not produced or manufactured in the U.S.

in sufficient and reasonably available quantities of a satisfactory quality.

c) The District will also consider the use of domestic alternative foods before approving an exception. For example, the District may consider using domestic apples as a substitute for non-domestic pears.

d) By signing this document, the Vendor certifies that all domestically identified products listed within the response to the attached specifications were processed in the U.S. and contain over 51% of their agricultural food components, by weight or volume, from the U.S. Any response listing a non-domestic product will include a valid resource to verify that the non-domestic good is not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.

8. Domestic Preference For Procurement (2 CFR § 200.322) (Contracts for non-food products)

As appropriate and to the extent consistent with law, the Vendor, and any sub vendors, to the greatest extent practicable, shall 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). 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.

9. Contract Work Hours/Safety Standards Act (40 U.S.C. 3701-3708) (where applicable)

All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all

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4907-9701-3806, v. 3 hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles.

10. Davis Bacon Act (2 CRF Appendix II to Part 200, Section (D) (for construction contracts in excess of $2,000)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, vendors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, vendors must be required to pay wages not less than once a week. The 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. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Vendors and Sub vendors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).The Act provides that each vendor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. If applicable only.

11. Rights To Inventions Made Under A Contract Or Agreement (2 CRF Appendix II to Part 200, Section (F) Applicable only to “funding agreements” under 37 CFR § 401.2 (a)) (for contracts over $100,000)

If the contract resulting from this solicitation meets the definition of “funding agreement” under 37 CFR §

401.2 (a) and the District or a 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.

12. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR §. 200.216) (all bids concerning such equipment)

Vendors shall not:

a) Procure or obtain;

b) Extend or renew a contract to procure or obtain; or

c) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

https://www.law.cornell.edu/topn/bacon-davis…