Drew Produce RFP FY24_009.docx

Request for Proposal (RFP)

RFP # FY24-009

Nutrition Services- Produce

Drew Charter School Procurement Department 300 Eva Davis Way SE Atlanta, GA 30317

ISSUED

April 22, 2024

NOTICE TO BIDDERS

DREW CHARTER SCHOOL REQUEST FOR PROPOSAL RFP # FY24-009

FRESH PRODUCE

Drew Charter School is requesting bids for Fresh Produce for Drew Charter School’s SFA.

Submission Deadline:

Proposals must be received by the Procurement Department by 5:00 PM EST, on May 24, 2024 using the Bidnet Direct Platform for official submission at https://www.bidnetdirect.com/georgia/drewcharterschool. Proposals received after this date and time will not be considered and individual extensions to the due date will not be granted.

Drew Charter School reserves the right to accept or reject any or all proposals or any combination thereof and to waive any informality in the bidding process.

Refer any questions to Cenobia Hilton, e-mail: cenobia.hilton@drewcharterschool.org

Published: April 22, 2024

RFP/Bid Introduction: This solicitation is requesting electronic proposals submitted through Bidnet from qualified vendors in accordance with applicable state and federal laws governing federally funded child nutrition programs. It is the intent of the Drew Charter School, hereinafter referred to as the School Food Authorities (SFA), to award a contract to procure specified items listed in this document. Vendors are invited to submit a proposal to provide specified items to the SFAs. A vendor who submits a proposal in response to this solicitation will be hereinafter referred to as “Proposer”.

Schedule of Events:

April 22,2024 - RFP/Bid advertised on Bidnet and GA Procurement Registry

April 25, 2024 – RFP advertised in The Champion

May 14, 2024 - Deadline to Receive Questions, 5:00 PM deadline.

May 17, 2024 - Addendums, last day 5:00 PM

May 24, 2024 - Proposals due, 5:00 PM

May 28-30, 2024 - Evaluation

May 31, 2024 - Intent to award 5:00 PM

July 1, 2024 - June 30, 2025 - Year one Contract period

July 1, 2025 - June 30, 2026 - Year Two Contract Period (pending renewal)

July 1, 2026 - June 30, 2027 - Year Three Contract Period (pending renewal)

July 1, 2027 - June 30, 2028 - Year Four Contract Period (pending renewal)

July 1, 2028 - June 30, 2029 - Year Fine Contract Period (pending renewal)

Submission of Proposals Please submit your proposal to this Request for Proposal via the Bidnet Direct Platform at https://www.bidnetdirect.com/georgia/drewcharterschool. Proposals received in any another manner will be automatically rejected.

Regardless, it is the responsibility of the Proposer to confirm and ensure that the proposal was received by the submission deadline. Proposals will be accepted up to, and no proposals will be accepted after, the RFP/Bid submission deadline. Time is Eastern Standard Time as indicated on the designated clock at the SFA. Proposals that arrive after the submission deadline will not be considered.

Proposal Withdrawal: Proposals may be withdrawn by the Proposer prior to the time denoted for opening the submissions, but after the opening, submissions may not be withdrawn for a period of sixty (60) days. A successful Proposer shall not be relieved of the submitted proposal without the consent of the SFA.

Signatures: All proposals must show the firm name and must be signed by a responsible officer or employee fully authorized to bind the organization to the terms and conditions herein. Obligations assumed by such signature must be fulfilled. All signatures must be original.

Reservation of Rights: The SFA expressly reserves the following rights:

To reject any and all proposals.

To reject any part of a proposal not meeting the specifications set forth in the RFP/Bid documents.

To waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals.

To re-award the solicitation to another Proposer in the event the Proposer to whom an RFP/Bid is awarded defaults in executing the formal agreement; and in the best interests of the SFA, accept or reject any and all portions thereof, select the next most responsive proposal, or if necessary, issue a new solicitation or take other action as the SFA deems appropriate.

Non-Collusion: By submission of the proposal, the Proposer certifies that the proposal has been arrived at independently and submitted without collusion with any other Proposer and that the contents of the proposal have not been communicated, nor to the best of its knowledge and belief, by any one of its employees or agents, to any person not an employee or agent of the Proposer and will not be communicated to any person prior to the official opening of the proposal.

Prices: Proposers are encouraged to submit the most competitive pricing possible because the SFA will be soliciting multiple bids from Bidders to achieve the lowest possible price for the specifications and requirements outlined in this solicitation. Prices should be stated and shown as instructed on the Proposer Pricing Sheet for each item, in the amount of quantity specified. Taxes shall not be included. If during the contract period there should be a decrease in the prices of the items included in the RFP/Bid, a corresponding decrease in prices on the balance of deliveries shall be made to the member schools for as long as the lower prices are in effect. At no time shall the prices charged the member schools exceed the prices in the RFP/Bid. Drew Charter School shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school member schools or any other state, county, municipal or local governmental agency in Metro-Atlanta for products listed herein.

Estimated Usage: Usage given is estimated based on member schools use or projected use over approximately six (6) months. These quantities are not guaranteed by the member schools but are included for information and planning purposes only. The member school reserves the right to purchase more or less of the units specified. The SFA will not guarantee minimum compensation to be paid to Selected Proposer.

Product Specifications: Manufacturer/brand name and numbers that reflect the level of quality expected may be referenced. The Proposer may submit quotations on that or a proposed equal product provided they are equivalent and substantiated to be so by submitted specifications. The SFA may require samples to determine product acceptance. The SFA reserves the right to make sole judgment as to acceptability of proposed equal products to referenced products without qualification or explanation.

Samples: If requested, Provider shall furnish samples free of cost to Drew Charter School. They are to be sent within seven (7) days to Drew Charter School Nutrition Services, c/o Drew Charter School, 300 Eva Davis Way, Atlanta, GA 30317. Drew Charter School reserve the right to reject the RFP of any Proposer failing to submit samples as requested. Samples must be plainly marked with name of responder and RFP/ Bid#. Drew Charter School shall be the sole judge of whether a product meets or exceeds product specifications.

All products specified herein must be delivered in vehicles which are maintained in a sanitary condition and properly refrigerated (33-38 degrees F). Drew Charter School reserves the right to reject the use of any equipment by the vendor if it is not in a clean, sanitary condition suitable for the transport of food items.

Participating departments follow the principals of HACCP (Hazard Analysis Critical Control Point) in accepting all deliveries. Therefore, upon delivery temperatures of products may be taken and recorded and overall product condition will be inspected in accordance with the departments’ Safety Plan. Vendors must be aware of the sanitation standards employed by their food suppliers. Vendor’s warehouses must be routinely inspected by State Officials. Warehouse facilities and warehousing practices must be continuously in compliance with the U.S. Food, Drug and Cosmetics Act, the State of Georgia and local laws and regulations.

Delivery/Freight On Board (FOB Destination Pricing: Time and manner of delivery are essential factors in proper performance under the contract. Proposer must quote prices FOB Destination to the delivery location(s) designated by the member schools or all transactions under the contract. The member schools will not pay shipping and handling charges, nor shall the member schools pay for any fuel surcharges. If the material is not received within the time specified for delivery, it will be received at the discretion of the member schools. Should it be necessary to refuse delivery of any material contained in the RFP/Bid document, the vendor shall be responsible for all associated costs. Each item shall be securely and properly packed and clearly marked as to contents. All shipments shall be accompanied by an invoice.

Experience and Service: Proposers are advised they must demonstrate the ability to provide the necessary products and services required under the contract. Proposers are required to submit three references listing currently serviced school districts. The list shall include member schools name, food service director’s name and phone number. Proposers may be required to verify that they have been in the business called for in this Request for Proposal/Bid for at least twelve (12) months. Experience and service are factors in the award of this contract.

A vendor’s recent delivery and performance under any previous or existing agreement or contract may be examined. Poor performance or references of current or past customers may be used in the evaluation.

Proposers, therefore, release the organizations and individuals listed from any claim or liability, because of responses given to requests for information by the member schools regarding the Proposer and/or the Proposer’s performance of work.

Method of Award: Proposals that are submitted timely and are not subject to disqualification will be reviewed in accordance with the evaluation criteria set forth in this solicitation. In addition, the SFA may conduct a pre-award audit. A contract will be awarded to the responsive and responsible Proposer with the highest total score based on the criteria set forth in this solicitation. Winning Proposer will be herein referred to as the “Selected Vendor.”

A “responsive Proposer” will be able to meet the requirements described in this solicitation.

A “responsible Proposer” is willing and capable of furnishing the goods or services described in this solicitation.

RFP/Bid Protest Procedures: If any Proposer who submitted a proposal has an objection to the award of the contract to the apparent Selected Vendor, the objecting Proposer shall furnish that protest, in writing, to the SFA within five (5) business days of the date of the Proposer notification of the awarded contract. The protest shall describe in detail the basis for the protest, and shall request a determination under this section. If a protest is filed in a timely fashion, the SFA will review the basis for the protest and relevant facts under such terms and conditions as the SFA considers proper. Upon completion of the review, the SFA shall submit its findings and recommendations to the Drew Charter School's Governing Board, which shall then review the matter under such terms and conditions as deemed proper. Upon receipt of authority to act from the Governing Board, the SFA will notify those Proposers involved of its decision. The decision shall be final and binding on the objecting Proposer.

Debarment and Suspension: To ensure that the SFA does not enter into a contract with a debarred or suspended company or individual, each vendor must include a certification statement with each bid on each contract. By signing the certification statement, the Vendor certifies that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred or suspended by any State or Federal Agency. It is the responsibility of each Vendor to sign the attached certification statement and submit it with the bid. Failure to comply with this requirement will cause your bid to be disqualified, and declared non responsive.

Risk of Loss: The Selected Vendor assumes the following risks: (1) all risks of loss or damage to all goods, work in process, materials, and equipment until the delivery thereof as herein provided; (2) all risks of loss or damage to third persons and their property until delivery of all goods as herein provided; (3) all risks of loss or damage to any property received by the Selected Vendor or held by the Selected Vendor or its suppliers for the account of the SFA, until such property has been delivered to the SFA; (4) all risks of loss or damage to any of the goods or part thereof rejected by the SFA, from the time of shipment thereof to Selected Vendor until redelivery thereof to the SFA.

Insurance: The Selected Vendor shall maintain, during the entire term of this contract, adequate insurance to protect itself from claims under Workmen's Compensation Acts and from claims for damages or personal injury, including death and damage to property that may arise from operations under the order. The following outline the minimum insurance requirements and other required documentation:

Comprehensive General Liability Insurance for Combined Single Limit Bodily Injury and/or Property Damage of not less than $1,000,000 per occurrence and $5,000,000 aggregate.

Workers’ Compensation Insurance in such amounts as required by law Motor vehicle liability insurance - minimum limits of $250,000 per person and $500,000 per occurrence for bodily injury liability and $100,000 for property damage liability is required on each vehicle owned, non-owned, or hired to be used in conjunction with the awarded contract. The Selected Vendor may be required to provide proof of such insurance, naming Drew Charter School as additionally insured by separate endorsement.

Hazardous Material: The vendor represents that each product furnished is safe for normal use, is nontoxic, presents no abnormal hazards to persons or the environment, and may be disposed of as normal refuse. All materials, supplies, and equipment furnished or services performed under the terms of the purchase order or contract issued in response to this RFP/Bid shall comply with the requirements and standards specified in the Occupational Safety and Health Act of 1970, 29 U.S.C. SS 651 et seq., and regulations. If applicable, Safety Data Sheets must be sent with the proposal.

“Buy American” Provision: Pursuant to Title 7, Code of Federal Regulations 210.21(d), a preference to U.S. grown processed foods, produce, etc. will be provided when economically feasible, shall be made by the purchasing agency or its designee. 51 percent of the final processed end product must consist of agricultural commodities that were grown domestically. All commercially-purchased food substitutes must be of the same generic identity as the USDA food received, of United States origin, and of equal or better quality than the USDA Foods as determined by Drew Charter School. Consideration must be given first to the use of domestic alternatives before a non-domestic exception will be approved. Produce distributor must maintain documentation to to support using non-domestic items based on costs being significantly higher and when domestic products are not being produced in sufficient and reasonable quantities of satisfactory quality.

Force Majeure Clause: The parties to the order shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss, shortage, transportation facilities, walkout, or commandeering of materials, products, plants, or facilities by the government, provided that the non-performance is not due to the fault or neglect of the supplier. In such cases, however, satisfactory evidence thereof must be presented.

Hold Harmless Clause: The awarded vendor shall hold harmless and indemnify the SFA/School member schools, its officers, and employees from every claim or demand which may be made by reason of:

Any injury to person or property sustained by the supplier or by a person, firm or corporation employed directly or indirectly by him, in connection with his performance under the order.

Any injury to person or property sustained by any person, firm or corporation caused by any act of neglect, default, or omission of the supplier or of any person, firm or corporation employed directly or indirectly employed by him in connection with his performance under the purchase order.

Any liability that may arise from the furnishing of the use of any copyrighted or uncopyrighted composition, secret process, or patented, or unpatented invention in connection with his performance under the order.

Food Recall: Food/beverage suppliers shall be expected to comply with all Federal, State, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace.

Food Safety: Food/beverage vendors shall be expected to comply with all federal, state, and local mandates regarding food safety and are expected to have adequate controls in place to ensure the safety of the food/beverages provided. Vendor will define their food safety policy and procedures on a separate document to be submitted along with the Proposal.

Equal Opportunity Employer / Federal Non-Discrimination Statement: In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g. Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form, (AD-3027), USDA Program Discrimination Complaint Form which can be found online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf , from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of the alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or fax:

(833) 256-1665 or (202) 690-7442; or email:

program.Intake@usda.gov

This institution is an equal opportunity provider.

Proposer Agreement: Drew Charter School will sign the proposal of the selected vendor which will serve as the awarded contract. The contract will include all terms and conditions as described in this RFP/ Bid, submission responses from the Selected Vendor and any other negotiated terms and conditions agreed to by both parties and will represent the complete contractual requirements for both the SFA and Selected Vendor.

Contract Maintenance: The SFA will monitor the awarded contract for vendor compliance of the contract and communicate with the Selected Vendor if/when necessary to discuss product shortages, delivery times, product quality including other options, billing issues, special orders, or other selected issues.

Contract Modification: The SFA reserves the right to modify the awarded contract by mutual agreement between the SFA and Selected Vendor, so long as such modification would not result in a material change to the solicitation and awarded contract. Such modifications will be evidenced by the issuance of a written authorized amendment by the SFA.

Contract Term: The initial awarded contract period shall be July 1, 2024 to June 30, 2025. This awarded contract may be renewed under the same prices, terms, and conditions for up to four (4) additional one-year terms by mutual agreement of the SFA and Selected Vendor after the SFA has conducted an annual Vendor Performance and Evaluation.

Vendor Performance and Evaluation: The SFA will evaluate the Selected Vendor’s performance status and product quality. The awarded contract will not automatically renew but will be based upon the SFA evaluating and analyzing Selected Vendor performance.

Mutual Agreement Termination: With mutual agreement of both parties to a contract, upon receipt and acceptance of not less than thirty (30) days written notice, the contract may be terminated on an agreed upon date before the end of the contract period without penalty to either party.

Termination for Convenience or Non-Performance: The SFA may terminate the awarded contract prior to the expiration of the term without cause and without penalty, upon thirty (30) days’ written notice to the Selected Vendor. The SFA reserves the right to immediately terminate the awarded contract if the circumstances are detrimental to the health and welfare of the students and/or school personnel, the quality of services are seriously affected, or the vendor ceases operations. In the event of such a termination, the SFA may award the contract to the next-lowest bidder.

Invoices and Payments: Invoices are to be provided upon delivery of materials or services performed. Quantities, item descriptions, unit prices, date and delivery site name must be on all invoices. Payment terms shall be net thirty (30) days. The member schools shall make payment for materials, supplies, or services furnished under the contract within a reasonable and proper time after acceptance thereof and approval of the invoices by the authorized member schools representative. ACH payment may be an option for many member schools and may result in shorter payment terms for the vendor.

The vendor shall issue credits for products that do not meet the member school's standards such as:

Product shortage upon delivery Product quality Food Safety and/or Sanitation Specifications set forth in this RFP/Bid

Discount for Prompt Payment: Discounts/terms for prompt payment will not be considered in the evaluation of proposals. However, any offered discount will form a part of the awarded contract and will be taken if payment is made within the discount period indicated in the proposal by the Proposer. As an alternative to offering a prompt payment discount in conjunction with the proposal, Proposer may include prompt payment discounts on individual invoices, if awarded the contract.

Product Substitution/Manufacturer’s Brand Change/Product Reformulation: The Selected Vendor may not supply substitutions, brand changes, or reformulations of products without the written authorization by the member schools. If during the course of the contract there is a manufacturer’s brand change or reformulation of the product, the vendor shall not automatically substitute the product. The vendor shall submit a Child Nutrition Label and/or product specification sheet, Product Formulation Statement, Nutrition Facts, Ingredient Lists, and/or other pertinent product information as deemed by the member schools for approval prior to further shipment. The member schools shall be the sole judge of whether the product(s) are acceptable.

Quantity and Quality of Materials and Services: The Selected Vendor shall furnish and deliver the products/services designated by the contract. All materials, supplies or services furnished under the contract shall be in accordance with the member schools specifications, the member schools sample, or the sample furnished by the Proposer and accepted by the member schools . Materials or supplies which, in the opinion of the member schools , are not in accordance and conformity with the member schools 's specifications shall be rejected and removed from the member school’s premises at the vendor’s expense. All items of equipment and individual components, where applicable standards have been established, shall be listed by the Underwriter Laboratories, Inc., (UL) and bear the UL label.

Outside of the Nutrition Services Department: The Selected Vendor is prohibited from selling or providing items to member schools outside of this contract without the written consent of the Drew Charter School Nutrition Services Department. Drew Charter School Nutrition Services Department will evaluate requests based upon nutritional content to ensure compliance with United States Department of Agriculture (USDA) and Georgia Department of Agriculture and Consumer Services (FDACS)guidelines. Vendor shall charge the same price as agreed upon in this RFP/Bid.

Recordkeeping: Any and all documents, books, records, invoices, and/or quotations of SFAs’ purchases shall be made available, upon demand, in an easily accessible manner for a period of at least five (5) years from the end of the contract term (including renewals) to which they pertain and after all other pending matters are closed, for audit, examination, excerpts and transcriptions by the SFA, State, and Federal representatives and auditors in accordance with Federal regulations. Selected Vendor must ensure that any such records held by a subcontractor are likewise subject to these provisions.

Award Criteria:

The member schools intend to award to the responsible Proposer whose proposal is most advantageous to the member schools program(s) with price and other factors considered.

*Please note:

Price will be the primary factor when evaluating and awarding this RFP. Contracts will be awarded to the responsible offeror whose proposal is most advantageous to the sponsor, with price and other factors considered.

Drew Charter School requests that the Contractor also provide quotes from local farmers during the specific season for an item. Local in this case means farms located within a 250 mile radius of Drew Charter School, located at 301 Eva Davis Way, Atlanta, GA 30317. Pricing must be quoted as per Attachment J and must be received in the 301 Eva Davis Way, Atlanta, GA 30317 via email. Bidders must state their willingness to participate in this program and scoring points will be allocated accordingly. It will be the Contractor’s responsibility to determine if the locally grown produce meets all federal, state and local standards as required by law.

Proposers will be considered responsible if they score 80 or more total points. The award will go to the responsible Proposer with the highest criteria score.

RFP/BID RESPONSE PACKET REQUIREMENTS

RFP/Bid Requirements: The SFA assumes no responsibility for errors or misinterpretations resulting in incomplete solicitation documents. It is the Proposer’s responsibility to use a complete set of RFP/Bid documents in the preparation and submission of its proposal. The forms furnished as part of this solicitation MUST be used for the proposal and must be signed by the proposer. No proposals will be considered unless made on the forms provided and must not be detached from the solicitation document of which it forms a part. Failure to follow these instructions may result in your proposal being disqualified.

Proposer will need to complete, sign, and return all attachments:

ATTACHMENT A: PROPOSER CHECKLIST

ATTACHMENT B: VENDOR CONTACT INFORMATION

ATTACHMENT C: NON COLLUSION AFFIDAVIT

ATTACHMENT D: SUSPENSION AND DEBARMENT CERTIFICATION

ATTACHMENT E: CERTIFICATION REGARDING LOBBYING

ATTACHMENT F: DISCLOSURE OF LOBBYING ACTIVITIES

ATTACHMENT G: BUY AMERICAN CERTIFICATION FORM

ATTACHMENT H: REFERENCES FORM

ATTACHMENT I: FOOD SAFETY PROCEDURES

ATTACHMENT J: PRODUCT SPECIFICATIONS AND CONDITIONS

ATTACHMENT K: REQUIRED CLAUSES

ATTACHMENT L: PROPOSER PRICE SHEET

ATTACHMENT A: PROPOSER CHECKLIST

Drew Charter School Request for Proposal FY24-009

This checklist is provided as a convenience to assist proposers in ensuring that a complete proposal is submitted. It is not represented as being comprehensive and compliance therewith does not relieve the proposer of responsibility of compliance with any requirements which may not be mentioned specifically in this checklist. Original documents with original signatures are required. Failure to comply with this requirement will constitute proposer disqualification due to non-responsiveness. Faxed or emailed documents will not be accepted under any circumstances. All of the items listed must be returned to constitute a complete response.

Please check the box and initial in the appropriate column to signify compliance.

Attachment A: Proposer Checklist (this form). All items are checked, initialed, signed, and included in the complete response package. Return completed hard copy with initials

Attachment B: Vendor Contact Information Return completed hard copy

Attachment C: Non Collusion Affidavit Return completed hard copy with original signature

Attachment D: Suspension and Debarment Certification Return completed hard copy with original signature

Attachment E: Certification Regarding Lobbying Return completed hard copy with original signature

Attachment F: Disclosure of Lobbying Activities Return completed hard copy with original signature

Attachment G: Buy American Certification Form Return completed hard copy with original signature

Attachment H: References Form Return completed hardcopy

Attachment I: Food Safety Plan/Procedures Return completed hard copy with original signature

Attachment J: Product Specifications and Conditions Return completed hard copy with original signature

Attachment K: Required Clauses Return completed hard copy with original signature

Attachment L: Proposer Pricing Sheet

ATTACHMENT B: VENDOR CONTACT INFORMATION

The following information is required when submitting a response to this solicitation.

Please complete ALL areas. Mark “N/A” for those which are not applicable. Type or print legibly.

Legal Name of Business: _________________________________________________________ DBA or Business Name (if different) ________________________________________________

Address of Business: ____________________________________________________________ Street Address: _________________________________________________________________ City: ___________________________________ State: _________________ Zip: ____________

Pay or Remit Address Legal Name of Business: __________________________________________________________ Street Address: _________________________________________________________________ City: ___________________________________ State: _________________ Zip: ____________ Telephone Number: _____________________________________________________________ Toll Free Number: _______________________________________________________________ Fax Number: ___________________________________________________________________ Business Federal Tax ID Number: ___________________________________________________ Self-employed vendors are required to submit the Federal IRS W-9 Form

Account Manager: ______________________________________________________________ Telephone Number: _____________________________________________________________ Cell Phone Number: _____________________________________________________________ Fax Number: ___________________________________________________________________ Email Address: _________________________________________________________________

Customer Service Representative: _________________________________________________ Telephone Number: _____________________________________________________________ Cell Phone Number: _____________________________________________________________ Fax Number: ___________________________________________________________________ Email Address: _________________________________________________________________

Billing Contact Person:___________________________________________________________ Telephone Number: _____________________________________________________________ Cell Phone Number: _____________________________________________________________ Fax Number: ___________________________________________________________________ Email Address: _________________________________________________________________

Emergency Contact Information / After Hours: _______________________________________ Telephone Number: _____________________________________________________________ Cell Phone Number: _____________________________________________________________ Fax Number: ___________________________________________________________________ Email Address: _________________________________________________________________

ATTACHMENT C: NON COLLUSION AFFIDAVIT

TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH THE PROPOSAL

(Public Contract Code Section )

State of _________________________)

County of _______________________)

_________________________________________, being first duty sworn, deposes and says (name) that he or she is ___________________________________________________________ of (position title) (the proposer) the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead., profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Dated:____________________________

By:_______________________________ (Person signing for Proposer)

ATTACHMENT D: SUSPENSION AND DEBARMENT CERTIFICATION

U. S. DEPARTMENT OF AGRICULTURE

INSTRUCTIONS: SFA to obtain from any potential vendor or existing contractor for all contracts in excess of $100,000. This form is required each time a bid for goods/services over $100,000 is solicited or when renewing/extending an existing contract exceeding $100,000 per year. (Includes Food Service Management and Food Service Consulting Contracts.)

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722 – 4733. Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS

The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Drew Charter School

Name of School Food Authority Agreement Number Potential Vendor or Existing Contractor (Lower Tier Participant):

Printed Name Title

Signature Date

DO NOT SUBMIT THIS FORM TO THE CDE. RETAIN WITH THE APPLICABLE CONTRACT OR BID RESPONSES.

INSTRUCTIONS FOR CERTIFICATION (INSTRUCTIONS FOR ATTACHMENT D)

By signing and submitting this form, the prospective lower tier participant (one whose contract for goods or services exceeds the Federal procurement small purchase threshold fixed at $100,000) is providing the certification set out in accordance with these instructions.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

ATTACHMENT E: CERTIFICATION REGARDING LOBBYING

INSTRUCTIONS: To be completed and submitted ANNUALLY by any child nutrition entity receiving Federal reimbursement in excess of $100,000 per year and potential or existing contractors/vendors as part of an original bid, contract renewal or extension when the contract exceeds $100,000.

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds

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

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

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

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Name of School Food Authority Receiving Child Nutrition Reimbursement In Excess of $100,000:

Drew Charter School Agreement Number:

Address of School Food Authority: 301 Eva Davis Way, Atlanta, GA 30317

Printed Name and Title of Submitting Official:

Julie Koriakin

The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.

Name of Food Service Management or Food Service Consulting Company:

N/A

OR

ATTACHMENT F: DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See public burden disclosure)

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

1. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

1. Report Type:

a. initial filing

b. material change For material change only:

Year Quarter Date of last report

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

CFDA Number, if applicable:

10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No.10a) (last name, first name, MI):

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.

This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.:

Date:

Federal Use Only

Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97)

ATTACHMENT G: BUY AMERICAN CERTIFICATION FORM

Note: Complete this form if you are a food and/or beverage supplier only.

Drew Charter School member schools are to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the National School Lunch Act defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51% of the final processed product consists of agricultural commodities that were grown domestically.

I/we __________________________________________, certify vendor name that only domestic commodity or food/beverage products will be supplied to Drew Charter School member schools unless otherwise mutually agreed upon.

Signature Date

(If the member schools have agreed to purchase a non-domestic food or beverage item, justification documentation will be kept on file by the member schools.)

ATTACHMENT H: REFERENCES FORM

References

Proposers must submit three schools of similar size that are current customers. Proposers, therefore, release the organizations and individuals listed in this form from any claim or liability, because of responses given to requests for information by the member schools regarding the vendor and/or vendor’s performance of work.Name of School:

Address:

Telephone:

Contact Name:

Start Date / End Date of Contract

Name of School:

Address:

Telephone:

Contact Name:

Start Date / End Date of Contract

Name of School:

Address:

Telephone:

Contact Name:

Start Date / End Date of Contract

ATTACHMENT I: FOOD SAFETY PLAN/PROCEDURES

Note: Complete this form if you are a food and/or beverage supplier only.

Food Safety: Food/beverage vendors shall be expected to comply with all Federal, State, and local mandates regarding food safety and are expected to have adequate controls in place to ensure the safety of the food/beverages provided.

Please provide information about your company’s food safety policies and procedures. (If you would like to attach any supporting documentation, please do so.)

Vendor name:

ATTACHMENT J: PRODUCT SPECIFICATIONS AND CONDITIONS

Product Specifications and Conditions: Fresh fruits and vegetables must be U.S. Grade A or U.S. Fancy. The condition of the product at the time of delivery must meet the requirements of the grade specified.

Prices must be quoted as noted on the attached produce specification sheet. All pre-cut produce shall have a minimum of seven (7) day shelf life remaining upon receipt at the location. Produce must be well-trimmed and show no signs of discolor and/or wilt.

Fruit and vegetables which do not adhere to the general specifications that are refused within 24 hours of delivery must be picked up within 72 hours or the department has the right to destroy and write a credit. Rejected items are to be picked up at the vendor’s expense.

The vendor will accept the liability for the expense of goods delivered damaged, goods lost during delivery, goods damaged due to unscheduled deliveries, or any other damage to participating locations incurred by the vendor’s employees.

Stock is to be placed adjacent to the appropriate storage area or area designated by the department contact. Produce left on the loading dock will be rejected and vendor is liable for the product.

Pricing: The delivery fee charged per case by the bidder must remain in effect for one (1) year. If the vendor’s price is increased after the second term, Drew Charter School must be given a written notice to consider. Such a request shall include as a minimum: 1) the cause for the adjustment; 2) the amount of the change requested with required, written documentation being tied to the Consumer Price Index (CPI) as well as market reports, to support the requested adjustment; 3) notice to Drew Charter School must be given no less than 30 days before the Contract renewal period begins. Reports to support the requested price adjustments must be derived from the previous full calendar month prior to the request. Price adjustments will be assessed aggregately against CPI and individual line item increases must be supported by market reports. Price increases will only be considered at the renewal period(s). If the price increase is rejected, the vendor may:

Continue with the existing price Request a lower price increase Not accept the renewal offer

If a price increase is approved by Drew Charter School the approval notification will be done in writing and the Contractor will be notified of the new price schedule and effective date of increase. This documentation will become part of the bid file. No approvals will be authorized verbally.

Weekly Pricing- Contractor must provide pricing no later than 2:00 pm on the Thursday prior to the next week’s delivery. Pricing must include quotes from local farmers when applicable.

Ordering: The member…