CCSD USDA Pizza Processing SN_04_25_24C.pdf

Invitation for bid # SNP-04-25-24C Processing USDA Foods Pizza

The Columbia County School District Food Authority (SFA) is requesting sealed bids for School Nutrition for Processing USDA Foods from USDA during the 2024-2025 school year.

The purpose of this bid request to cover the terms and conditions under which the selected vendor(s) shall be responsible to supply and deliver the processed USDA items to our USDA warehouse, which is Williams Institutional Foods. Orders will be tracked and billed from the Columbia County School Nutrition Program (CCNP). Deliveries will be coming from and coordinated by the USDA distribution warehouse, Williams Institutional Foods. CCSD is accepting Manufacturer bids only.

This is a commodity bid using donated pounds and after the donated pounds are used items can then be purchased commercially.

Reporting will be tracked through commodity information systems such as Processor Link or k12 Food Service. Bidders are to state the commodity information system to be utilized.

The Columbia County School District will accept bids sent by email. Bidders are to consider emailed bids not received by Hudson.Chandler@CCBOE.net, until responding email accepting receipt. Email greater than 18 megabytes exceed our size limit and cannot be received. Electronic Signatures will be accepted on bids.

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

Sealed Bids shall be mailed or delivered to:

Columbia County School District School Nutrition Program 4781 Hereford Farm Road, Evans GA 30809

Questions regarding this Invitation for Bid shall be directed to: Dana Smith Dana.Smith@CCBOE.net.

Invitation for Bid Timeline Bid Issue Date 03/22/24 Final Date for Written Questions 04/18/23 (CCSD offices closed 4/8 – 4/12) Bid Due Date and Time 04/25/24, 2:00pm Bid Due Location CCSD, 4781 Hereford Farm Rd., Evans GA 30809 Estimated Award Date (per award letter or purchase order) 05/16/24 (after review and award by BOE) Contract start date and end date (CCSD reserves the right to extend this contract on an annual basis and at the same contract provisions, terms and conditions for up to an additional 4 years upon mutual written consent by both parties)

06/30/24

Columbia County School District School Nutrition USDA Processing Pizza

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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 IFB.

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.

Columbia County School District: CCSD.

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.

HUB: Historically Underutilized Business

Invitation for Bid (IFB): 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 IFB is a formal method of procurement that uses sealed bidding and results in a fixed price contract with or without adjustment factors. The IFB 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.

NSLP: National School Lunch Program

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.

SBP: School Breakfast Program

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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INTENT

a) It shall be the intent and purpose of this Invitation for Bid (IFB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver products to the CCSD SFA through sealed bids. School food authorities shall comply with the requirements of 7CFR 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.

b) The SFA is seeking to identify and select one (1) or more vendors to provide the items as listed in the attached list in Attachment

B. The selected vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, the IFB and any applicable Addenda.

c) The SFA reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting

d) the whole thereof, or to accept such bid as they deem to be in the best interest of the SFA.

I. CONTRACT TIME PERIOD

a) Initial Term: The initial term of this contract, which results from the award of this IFB, shall commence and terminate on the dates shown on the Invitation for Bid Timeline (found on cover page). The Contract shall be deemed to terminate absolutely and without further obligation on the part of CCSD at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. In the event of insufficient funding, the Contract shall terminate absolutely and without further obligation as of that moment.

b) Extension Option: The contract may be extended up to three (3) months at the same bid pricing, provided mutual agreement by both parties in written form.

c) Renewal Option: This contract may be renewed by mutual agreement of both parties in written form. (Usually 1-year term with the option to renew 4 additional 1-year terms based on vendor performance.)

II. BID SUBMISSION PROCEDURES

The CCSD SFA 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 IFB are entirely the responsibility of the Bidder and shall not be reimbursed in any manner by the SFA.

a) Bids must be enclosed in a sealed envelope. The outside of the envelope shall be clearly marked as shown on page #1 of this document.

b) Bids must be received by the SFA no later than the date shown on the Invitation for Bid Timeline.

c) Late bids shall not be accepted. The SFA shall not be responsible for late receipt of bids. Bids must be mailed or delivered to the location as stated above. Emailed and/or faxed bids are not acceptable and will not be considered for SEALED BIDS. An Excel electronic copy or paper copy of the bid Quote Sheet, along with any alternate or required information must be included inside the sealed bid package.

d) If the Bidder submits bid documents with informalities, errors, or omissions such as, but not limited to, non-conforming bid security, non-conforming non-collusion affidavit or samples, or fails to properly execute and seal the said documents the Bidder, in the SFA’s sole discretion, may be given 72 hours from the time of the bid opening in which to provide such information to the

SFA.

e) The SFA has the right to waive any and all informalities.

III. BID OPENING DATE/TIME/PLACE

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

IV. AWARD DETERMINATION STATEMENT

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a) This IFB 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 the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

b) The award of this IFB is contingent upon available budget funds and approval of the Board of Education.

c) The School Nutrition Program will award the contract to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the IFB, 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.

d) 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.

e) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the SFA shall be drafted from (a) the IFB and addenda, (b) the selected bid response to the IFB by the Bidder and any attachments thereto, and (c) all written communications between the SFA and the Bidder concerning the transactions.

f) The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

V. SYSTEM CONTACT INFORMATION

a) This Invitation for Bid (IFB) is issued by the CCSD SFA. All inquiries, clarifications, or interpretations regarding this IFB should be directed by email to:

Dana Smith, Dana.Smith@ccboe.net and carbon copy Hudson Chandler, Hudson.Chandler@ccboe.net

b) Responses to inquiries that affect the content of this IFB will be provided in writing to all recipients of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. The SFA will accept only written inquiries regarding this IFB 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 IFB will be furnished to all prospective Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

VI. VENDOR CONTACT INFORMATION

Vendor Company Name

Street Address

City, State, Zip

Contact Person

Telephone

Email address

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SECTION 2

STANDARD TERMS AND CONDITIONS

This contract between the CCSD SFA and the Vendor shall be governed in accordance with the laws of the State of Georgia and all applicable Federal regulations.

I. LOBBYING CERTIFICATE (for bids over $100k)

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

II. DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200.213.

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

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.

III. BUY AMERICAN STATEMENT (Food only) (7 CFR Part 210.21(d))

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

Buy American:

(1) Definition of domestic commodity or product. 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 grow domestically.

Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved by the SFA upon request. To be considered for an alternative or exception, the request must be submitted in writing to the SFA, a minimum of 5 day (s) in advance of delivery. The request must include:

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(1) Alternative substitute(s) that are domestic and meet the required specifications:

(a) Price of the domestic food alternative substitute(s); and

(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited/lack of availability or price (include price):

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

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.

IV. REMEDY FOR NON-PERFORMANCE / TERMINATION OF CONTRACT

a) Immediate Termination. This contract will terminate immediately and absolutely if the CCSD School Nutrition Program determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the CCSD SFA cannot fulfill its obligations under the Contract, which

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

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

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

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

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

c) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-

Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the CCSD SFA to declare the Vendor in default of its obligation under the Contract:

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

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

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

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

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

vi. The Vendor has engaged in conduct that has or may expose the CCSD SFA or the State to liability, as determined in the CCSD SFA’s sole discretion; or

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

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

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

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

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

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

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

i. The CCSD SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the CCSD SFA; and/or

ii. The CCSD SFA’s duties are substantially modified.

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

h) The Vendor’s Termination Duties. Upon receipt of notice of termination or upon request of the CCSD SFA, the Vendor shall:

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

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

iii. Comply with the CCSD SFA’s instructions for the timely transfer of any active files and work product by the Vendor under the Contract;

iv. Cooperate in good faith with the CCSD SFA, its employees, agents, and vendors during the transition period between the notification of termination and the substitution of any replacement vendor; and

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

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the CCSD SFA to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms. Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or noncompetitive procurement

(2 CFR 200.321). Positive efforts include:

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

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

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

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

5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority

Business Development Agency of the Department of Commerce; and

6) Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $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.

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

VII. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

VIII. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $150k)

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

CIVIL RIGHTS STATEMENT AND ASSURANCE

The SCHOOL DISTRICT hereby agrees that it will comply with:

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

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

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

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

v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008

(42 U.S.C. 12131-12189);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);

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

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ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA;

and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the CCSD agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the SCHOOL DISTRICT, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA.

IX. RECORD RETENTION AND ACCESS CLAUSE

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

X. BID PROTEST PROCEDURES

a) Any protest shall be in writing and shall be delivered to the CCSD Board of Education designated Protest official Hudson Chandler at the designated CCSD Board of Education. A protest of a solicitation shall be received by the named individual before the offer due date. The protest shall be filed within ten (10) days from the award notice and shall include:

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

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

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

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

5) The form of relief requested.

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

c) The CCSD Board of Education shall in all instances disclose information regarding protests to State Agency.

XI. NON-COLLUSION STATEMENT

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

COLLUSION AFFIDAVIT.

XII. CODE OF CONDUCT

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

The employee, office, or agent;

Any member of his/her immediate family;

His or her partner;

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

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

XIII. DUTY TO EXAMINE

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

XIV. EXCEPTIONS TO TERMS AND CONDITIONS

A bid that takes exception to a material requirement of any part of this solicitation, including a material term and condition, shall be rejected.

XV. VELOCITY REPORT

Vendor shall supply a velocity report to the School Nutrition Director upon request. It must include Year to Date totals of individual items purchased.

XVl. VENDOR AFFIDAVIT (under O.C.G.A. § 13-10-91(b) (1))

Vendor verifies its compliance with O.C.G.A. § 13-10-91 and is authorized to use and uses the federal work authorization program commonly known as E-Verify, by completing Attachment J, VENDOR AFFIDAVIT.

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SECTION 3

SPECIAL TERMS AND CONDITIONS

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

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

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

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

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

Bidder(s) shall provide ability to District of conducting a mock recall for product once per year.

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

II. 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.

III. TRADE NAME, LABELS AND OTHER REQUESTS (Where applicable)

a) All items shall be properly labeled. No private labels will be accepted on commercial products.

b) Nutrition data must be provided on all fresh, frozen, and canned meats, grains, combination foods, fruits, and vegetables. Provide information on a flash drive or CD separate from the bid and marked “NUTRITIONAL INFORMATION”. Or website access must be provided, complete with login information and web address for access with bid documents.

c) FAILURE TO MEET CN LABEL/PRODUCT ANALYSIS REQUIREMENTS In the event of loss of state or federal funds due to bidder(s) failure to meet CN Label/Product Analysis Requirements, the bidder(s) shall reimburse losses to District.

EQUIVALENT/ALTERNATE PRODUCTS

Equivalent/alternate products must be bid on items where brand name or equal is specified, provided the quality, grade and/or performance of the proposed meets or exceeds the specifications as indicated within the bid specifications for each item. Samples of alternate/equivalent products shall be provided upon request as indicated below.

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

1. 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.

2. Manufacturer’s product literature/specifications, including but not limited to product description, ingredients, nutritional analysis, packaging wrap and/or product label.

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

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

IV. METHOD OF PAYMENT and PRICING INFORMATION

a) Prices: All prices offered shall be firm against any increase for 180 days from the date of the contract award. Subsequently, the SFA may entertain a request for escalation/de-escalation on an annual basis. These price adjustments must be based on changes

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in market conditions and verified in accordance with the most recent publication from a valid third party. Request for price increases and/or decreases must be submitted to the SFA 30 days prior to taking effect. The aforementioned third-party publication/documentation must accompany requested price increases. The SFA reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or denial. If price increases escalate above 15 % per the awarded price of each product, the SFA reserves the right to provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired, based on specifications. This clause also obligates vendor to provide price decreases from de-escalation on the same terms. If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented economic instability, that are beyond the control of either the SFA or the vendor, a fixed fee price adjustment can also be increased up to 15 % on an annual basis. This fixed fee price increase must be verified by the current applicable CPI, such as the monthly CPI motor fuel index for times when fuel prices unexpectedly increase rapidly.

The publication/documentation must accompany associated requested price increases.

b) The successful Bidder warrants that the bid price(s), terms, and conditions stated in the bid shall be firm through the bid process and until the time the award is made at which time prices shall remain firm and fixed for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet. Separate fuel charges will not be added to invoices.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) The School Nutrition Program will make payment within thirty (30) days of receipt of the invoice for properly received goods and services after inspection and acceptance of the product by the SFA. Advance billings are not allowed. Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under conditions as above.

f) Invoicing.

a. Invoices, at minimum, shall consist of the following information:

i. Delivery location and date of delivery

ii. Item description and cost

iii. Extended cost for total quantity purchased

iv. Total cost of all products purchased

b. Monthly statements will be broken down by school invoice and mailed to Dana Smith and Ginny Gamlen.

V. METHOD OF SHIPMENT/DELIVERY

Orders and Deliveries:

a) Orders and deliveries shall be supplied by the vendor as requested and specified except during an emergency and on holidays.

No partial deliveries will be accepted.

b) All orders are to be delivered Freight on Board (F.O.B) to addresses as indicated on Attachment D.

c) In an emergency situation in which the School Nutrition Program requires delivery in less than 2 days and the vendor cannot provide the goods within the emergency delivery period, the School Nutrition Program has the option to purchase those goods from another source with no penalty to either party.

d) Delivery schedules that fall on a holiday will be made the following business day unless other arrangements have been made and agreed upon by both parties.

e) Delivery of product(s) must be made in a well-maintained refrigerated truck. All deliveries shall be placed in the area designated by the designee. Under no circumstances may a delivery be left outside the building. Deliveries must be received as specified.

f) Two invoices are to be provided and must be reviewed and signed at the time of delivery and if any discrepancies are noted during delivery those will be initialed and dated by the driver and school nutrition employee receiving the order.

Three Strikes Rule:

a) After vendor’s first offense of providing sub-par quality product, late delivery and/or poor customer service, the School Nutrition Program will call vendor to report contract violation. The SFA will follow-up with a written letter to the vendor documenting occurrence and putting the vendor on notice that the documented occurrence is unacceptable.

b) After vendor’s second offense of providing sub-par product, late delivery and/or poor customer service, the SFA will send a certified notice to the vendor documenting that this is the second offense, and a third offense will result in termination of the contract for cause. If the offense is providing sub-par product, then the vendor agrees to pay the School Food Authority to purchase quality product at the vendor’s expense.

c) After the vendor’s third and final offense of the aforementioned, the SFA will terminate the contract for cause in writing via email and regular mail, copying the District Purchasing Compliance Officer.

VI. EVALUATION FACTORS

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a) Bids will be evaluated in accordance with the required specifications as listed in this IFB. 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.

a. 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.

b) The School Nutrition Program reserves the right to award a single contract for the total requirement of the IFB or award multiple contracts on a group or line item basis in any combination that best serves the interest of the School Nutrition Program.

Substitution Clause:

Shipments of items with brand name or specifications other than those listed on the bid shall be rejected or returned to the vendor at the vendor’s expense unless prior arrangements have been made with the Director of School Nutrition. Substitutions may be made only with prior approval of the Director of School Nutrition or designee. All substitutions must be of equal or greater quality. In no case will an item be accepted if the quality is lower than stated in the bid. Substitutions are to be priced at the same cost as the original awarded item.

VII. ADDITIONAL BID INSTRUCTIONS

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

b) Bid withdrawal: Bidders may withdraw bids at any time up to the scheduled time for receipt of bids. Bidders desiring to withdraw their bid must submit the purpose for withdrawal in writing to the School Nutrition SFA before the bid opening deadline (bid close date).