Cirrus Academy Charter School_IFB for Ice Cre.pdf

Cirrus Academy Charter School

1870 Pio Nono Avenue Macon, Georgia 31204

(478) 250-1376

FAX (478) 259-1220

WENDY BRINSON GRIMES

DIRECTOR of SCHOOL NUTRITION

School Nutrition Program

INVITATION FOR BID

ICE CREAM PRODUCTS

SY2026-2027

SNP BID #2026-1

Issued on: August 6, 2026

Final Date for Written Questions: August1 14, 2026

Bid Due Date: August 24, 2026, by 4:30 pm

Bid Opening Date: August 26, 2026, 9:30 am Room 300 at Cirrus Academy Charter School

BOARD MEMBERS

Latrell Taylor, Chairperson Tosin Olagunjus, Vice Chairperson Shirlynn Kelly Nathan Lewis Lisa Golphin Rhonda Finley

HEAD OF SCHOOL

Barry Williams

TABLE OF CONTENTS

DEFINITIONS…………………………………………………………………………….……...3

SECTION 1 - TRANSMITTAL PAGE……………………………………………....……….…4

SECTION 2 - STANDARD TERMS AND CONDITIONS

SECTION 3 - SPECIAL TERMS AND CONDITIONS

SECTION 4 - ATTACHMENTS

ATTACHMENT A - CONTRACT SIGNATURE PAGE

ATTACHMENT B – PRODUCT SPECIFICATIONS

ATTACHMENT C – VENDOR BID FORM

ATTACHMENT D - LOBBYING CERTIFICATE AND DISCLOSURE

ATTACHMENT E – SCHOOL CALENDAR/HOLIDAY SCHEDULE

ATTACHMENT F – LIST OF SCHOOLS AND CONTACT INFORMATION

ATTACHMENT G – CERTIFICATION REGARDING DEBARMENT

ATTACHMENT H - BID EXCEPTION FORM

ATTACHMENT I - ANTI-COLLUSION AFFIDAVIT

ATTACHMENT J - VENDOR AFFIDAVIT

ATTACHMENT K - VENDOR REFERENCE FORM

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.

Contract Documents: Consist of the Agreement between the School Nutrition Program and the Vendor, terms and conditions, schedule, specifications, drawings, 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 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.

SECTION 1

TRANSMITTAL PAGE

Cirrus Academy Charter School Nutrition Program (Board/SNP) is requesting sealed bids for Ice Cream Products for Cirrus Academy Charter School. Bids are due on August 24, 2026, by 4:30 pm. Bids will be opened on August 26, 2026, at 9:30am, Eastern Standard Time.

Bids shall be mailed, or delivered to Cirrus Academy Charter, School Nutrition Program, 1870 Pio Nono Avenue, Macon GA 31204. Bids must be enclosed in a sealed envelope, if mailed and marked “IFB for Ice Cream Products SY2026-2027”.

Questions regarding this Invitation for Bid and electronic bid submission shall be directed to Wendy Brinson Grimes, 478-250-1376, Ext 100 or wendy.brinson@cirrusacademy.org

I. 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 for supplying and deliver products to Cirrus Academy Charter, School Nutrition Program 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 Board/SNP is seeking to identify and select one (1) or more vendors to provide the items as listed in the attached product list (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 Board/SNP 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 Board/SNP.

II. CONTRACT TIME PERIOD

a) Initial Term - The initial term of this contract, which results from the award of this IFB, shall commence on September 1, 2026, and terminate on June 30, 2027.

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. This extension will be utilized only to prevent a lapse of contract coverage and only for the time necessary to issue and award a new Invitation to Bid, but not to exceed three months.

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.)

III. BID SUBMISSION PROCEDURES

The Board/SNP 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 Board/SNP.

a) Bids must be enclosed in a sealed envelope, if mailed. The outside of the envelope shall be clearly marked, “IFB for Ice Cream Products SY2026-2027.”

b) Bids must be received by the Board/SNP no later than 4:30 PM on August 24, 2026.

c) Late bids shall not be accepted. The County/City 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.

Bids must be mailed or delivered to:

Cirrus Academy Charter School Nutrition Department 1870 Pio Nono Avenue

Email: wendy.brinson@cirrusacademy.org

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 fails to properly execute and seal the said documents the Bidder, in the Board/SNP’s sole discretion, may be given 72 hours from the time of the bid opening in which to provide such information to the Board/SNP.

e) The Board/SNP has the right to waive any and all informalities.

IV. BID OPENING DATE/TIME/PLACE

Issue Date August 6, 2026 Final Date for written questions August 17, 2026 Deadline for submitting bids August 24, 2026, by 4:30 pm Bid Opening August 26, 2026 @ 9:30 am

V. AWARD DETERMINATION STATEMENT

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 entire 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 Cirrus Academy Charter School.

c) The Board/SNP will award the contract(s) 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

Board/SNP 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 Board/SNP 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 Board/SNP 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 Board/SNP and the Bidder concerning the transactions. The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

VI. SYSTEM CONTACT INFORMATION

a) This Invitation for Bid (IFB) is issued by Cirrus Academy Charter, School Nutrition Program. All inquiries, clarifications, or interpretations regarding this IFB should be directed by email to Wendy Brinson Grimes, wendy.brinson@cirrusacademy.org or in writing to:

b) Cirrus Academy Charter School Nutrition Program 1870 Pio Nono Avenue

ATTN: Director of School Nutrition

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, 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.

VII. VENDOR CONTACT INFORMATION

Vendor Company Name Street Address City, State, Zip Contact Person Telephone Email address

SECTION 2

STANDARD TERMS AND CONDITIONS

This contract between Cirrus Academy Charter School 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.

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

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 3 day (s) in advance of delivery. The request must include:

(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 Cirrus Academy Charter School Nutrition Program determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the County/City SFA cannot fulfill its obligations under the Contract, which

(b) determination is at the County SFA’s sole discretion and shall be conclusive. Further, the County 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 County 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.

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the County 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 County 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 County SFA or the State to liability, as determined in the County SFA’s sole discretion; or

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

(c) Notice of Default- If there is a default event caused by the Vendor; Cirrus Academy Charter School Nutrition Program shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period specified in the County SFA’s written notice to the Vendor. If the breach or noncompliance is not remedied within the period specified in the written notice, Cirrus Academy Charter School Nutrition may:

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

(ii) Procure substitute goods or services from another source and charge the difference between the

Contract and the substitute contract to the defaulting Vendor, and/or, (iii)Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

(d) Termination upon Notice- Following thirty (30) days’ written notice, Cirrus Academy Charter School Nutrition Program 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 Cirrus Academy Charter School Nutrition Program up to and including date of termination.

(e) Termination Due to Change in Law- Cirrus Academy Charter School Nutrition Program shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Vendor because of the following:

(i) Cirrus Academy Charter School Nutrition Program’s authorization to operate is withdrawn or there is material alternation in the programs administered by Cirrus Academy Charter School Nutrition Program; and/or

(ii) Cirrus Academy Charter School Nutrition Program’s duties are substantially modified.

(f) Payment Limitation in Event of Termination- In the event of termination of the Contract for any reason by Cirrus Academy Charter School Nutrition Program, 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 Cirrus Academy Charter School Nutrition Program 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 Cirrus Academy Charter School Nutrition Program under the Contract in the event of termination. Cirrus Academy Charter School Nutrition Program shall not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

(g) The Vendor’s Termination Duties- Upon receipt of notice of termination or upon request of Cirrus Academy Charter School Nutrition Program, 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 Cirrus Academy Charter School Nutrition Program may require;

(ii) Immediately cease using and return to Cirrus Academy Charter School Nutrition Program, any personal property or materials, whether tangible or intangible, provided by Cirrus Academy Charter School Nutrition Program to the Vendor;

(iii) Comply with Cirrus Academy Charter School Nutrition Program’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 Cirrus Academy Charter School Nutrition Program, 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 Cirrus Academy Charter School Nutrition Program any payments made by Cirrus Academy Charter School Nutrition Program for goods and services that were not delivered or rendered by the Vendor.

(c) HUB (Historically Underutilized Business) STATEMENT

It is the intent of Cirrus Academy Charter School Nutrition Program 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 purchase procedures, sealed bids, competitive proposals, or noncompetitive proposals (2 CFR 200.321).

Positive efforts include:

(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(iii)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(v) 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

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

(d) 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.”)

(e) 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).

(f) 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).

(g) CIVIL RIGHTS STATEMENT

The entire Civil Rights Assurance Statement must be included on all contracts, agreements, solicitations. Modify the assurance to specify your school district. The full assurance statement is as follows:

Cirrus Academy Charter School hereby agrees that it will comply with:

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

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

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

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

v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency."

(August 11, 2000);

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

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

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

x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S.

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

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

By accepting this assurance, Cirrus Academy Charter School 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 Cirrus Academy Charter School, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of Cirrus Academy Charter School.

Signature(s) Date

Printed Name:__Wendy Brinson Grimes_____________________

Title:___Director of School Nutrition____________________

(h) 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 Cirrus Academy Charter, 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 Cirrus Academy Charter School 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.

(i) BID PROTEST PROCEDURES

Protests: A protest shall comply with and be resolved according to (Insert the appropriate state or local code or administrative procedures. Not all states or purchasing agencies have a protest rule; this should be modified if no such law or rule exists for your use.) All protest shall be in writing and shall be delivered to the address of the individual listed in the “if you have questions” on the Invitation to bid. A protest of a solicitation shall be received by the named individual before the offer due date. A protest of a proposed award or of an award shall be filed within ten days after the protestor knows or should have known the basis of the protest.

A protest shall include:

_ the name, address, and telephone number of the protestor;

_ the signature of the protestor or an authorized representative of the protestor;

_ Identification of the purchasing agency and the solicitation or contract number;

_ a detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

_ The form of relief requested

Cirrus Academy Charter School shall in all instances disclose information regarding protests to State Agency.

(j) NON-COLLUSION STATEMENT

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and

Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder per O.C.G.A.50-5-

67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect." See Attachment I

XIII. CODE OF CONDUCT

Cirrus Academy Charter School Code of Conduct/Code of Ethics https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:d5205da8-e07f-48e6-8577-36a13e9c0c44

The Code of Ethics for Educators defines the professional behavior of educators in Georgia and serves as a guide to ethical conduct. The Professional Standards Commission has adopted standards which represent the conduct generally accepted by the education profession. The code protects the health, safety and general welfare of students and educators, ensures the citizens of Georgia a degree of accountability within the education profession, and defines unethical conduct justifying disciplinary sanction.

All employees of Cirrus Academy Charter School are bound by the Standards established by this Code of Ethics. Violation of any portion of this Code of Ethics may subject an educator, as defined by this Code, to investigation and disciplinary action by the Professional Standards Commission and Cirrus Academy Charter School Board of Education. Violation of any portion of this Code of Ethics may subject all other school district personnel to investigation and disciplinary action by Cirrus Academy Charter School.

Cirrus Academy Charter School Date Effective: 7/1/2025

(k) 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 shall not give rise to any contract claim.

XV. BOARD POLICY GOVERNING BIDS & QUOTATIONS

Policy Descriptor Code: DJEA

Bids and Quotations

Cirrus Academy Charter School System shall always strive for honest and fair business relationships in purchasing. Quality services and products based on competition shall be the guiding philosophy of purchasing. Purchasing authority shall be vested in the Superintendent of Schools. All purchases shall conform to the Official Code of Georgia, board policies, and accounting standards.

No board member or employee should accept gifts from any person, agency, or firm doing business with Cirrus Academy Charter School System.

When quality of service or product is equal and competitive in price, preference should be given to local firms. Cirrus Academy Charter School System shall select local vendor on basis of price, quality of https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:d5205da8-e07f-48e6-8577-36a13e9c0c44 product and service. Cirrus Academy Charter School System shall strive to distribute the purchases among local vendors using the selection criteria.

All purchase orders/requisitions shall be approved by principal/immediate supervisor.

Purchase orders/requisitions from the school/department shall contain:

a. Signature of principal/supervisor

b. Listing of item(s) to be purchased

c. Quantity of item(s) to be purchased

d. Price of item(s) to be purchased

e. Name of vendor, complete mailing address, complete phone and fax number

f. Name of person completing request

Blank purchase orders shall not be approved.

“Open purchase orders” shall not be approved.

Any purchase not complying with procedure shall not he approved for payment.

Purchase orders/requisitions from the maintenance or transportation departments shall contain:

a. Listing of item(s) to be purchased

b. Price of item(s)

c. Name of vendor

d. Person completing request

e. School/vehicle for which item purchased

f. Work order number assigned to maintenance, transportation or inventory

g. Cost center

Bids shall be obtained for any single purchase or multiple purchases of a single item or service during the fiscal year which is equal to or exceeds $50,000 and shall be approved by the Board.

Quotes shall be requested from at least three (3) vendors for any single item purchase equal to or greater than $10,000. Quote sheet listing vendors and bids shall be attached to the requisition.

Cirrus Academy Charter School System shall purchase single source items or items from the Georgia bid list without complying with the request for quotes or bids.

Purchases from reimbursable funds administered by state and/or federal agencies shall comply with the regulations of those agencies.

Purchase orders/requisitions shall be signed by the Superintendent or designated representative.

Purchase orders shall be prepared for all goods purchased.

Purchases shall not be made from vendors who do not participate in the system’s purchase order procedure.

Invoices shall bear signature of person receiving goods and approval of supervisor(s). Purchaser shall return invoice to immediate supervisor for attachment to purchase order.

Date Adopted: 07/13/2006/ Last Revised Date: 02/04/2020.

XVI. 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.

XVII. VELOCITY REPORT (where applicable)

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

XVllI. 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 use the federal work authorization program commonly known as E-Verify, by completing Attachment J.

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 proprietary in nature or is 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 after 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, CHILD NUTRITION (CN) LABELS AND GRADE

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. RELATED TERMS AND CONDITIONS

Inspection and testing: The contractor agrees to permit access to its facilities at reasonable times for inspection of the materials covered under this contract, and the contractor’s facilities. The school district shall also have the right to test at its own cost the materials supplied under this contract.

Net container quantity: The minimum net quantity of all products in cans and jars shall be in accord with the Federal Food, Drug and Cosmetic Act. The individual specifications for standard of fill for the products as prescribed in 21 CFR shall be applied.

Product protection guarantees: School districts have “automatic” product protection recourse against suppliers for product safety. According to Federal regulations, the supplier whose name and address appear on the package is the responsible party. Contractors are expected to take immediate action to correct any situation in which product integrity is violated.

Quantities: The quantities indicated on the product list are based on previous year’s purchases and are accurate to the best of our ability. However, Offerors must understand that the fact that a quantity is stated on an item does not constitute a guarantee to purchase any amount more than requirements.

Service Level: The contractor shall fill all original orders at a monthly average of 98% or above on the scheduled delivery day. The remaining 2% shall be delivered within 24 hours of the scheduled delivery day unless the school district agrees that the product will be reordered.

Brand identification: This is a qualified product specification. Bidders must bid on the specific name brand items requested. Deviations from this requirement will not be considered. When “Distributors Choice” is used in the approved brand column the distributor may offer a price on any brand. The brand on which the price is offered must be stated in the bid documents and cannot be changed during the effective period without the permission of the school district. When “Private Label” is used in the approved brand column the appropriate quality level of the private label included in the Corporate/Cooperative labeling chart in this document shall be bid. The vendor only needs to circle the word private label and the school district can be assured that the brand bid is the same as the chart.

Standards of identity: All products must conform to U.S. minimum standards of identity as authorized by the Food, Drug and Cosmetic Act and the supporting regulations in 21 CFR. Failure to comply places the contractor in violation of the contract with the school district as well as Federal law.

Unit price prevails: Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

Units of purchase: Whenever wholesale units of purchase are standardized, i.e., 6/#10, the bid unit is specified as case, box, etc. If case, bag or box is the bid unit, then the description will specify the exact pack. When a potential contractor wishes to quote a pack size which is different from the unit specified in the product description, a different size may be quoted, but the total quantity must be adjusted.

The potential contractor shall always mark out the pack specified and insert the pack being bid. The adjustment shall be made in the total quantity. A change in the bid unit or cost per unit is not acceptable.

On items where the bid unit is specified in other terms, a space will be provided for potential contractor to enter the pack of the item being quoted.