Georgia Education Cooperative Bread Bid SY25.pdf

GEC Fresh Bread Bid 2024 - 2025

Georgia Education Cooperative (GEC)

Food and Nutrition Service Programs

Social Circle City Board of Education

147 Alcova Drive

Social Circle, GA 30025

Invitation for Bid for Fresh Bread Products

School Year 2024 -2025

IFB # GEC Fresh Bread 2024-2025

Issued on: March 25, 2024

Bid Due Date: April 22, 2024

Table of Contents

Section I – Invitation for Bid

Section II – General Terms and Conditions

Section III – Special Terms and Conditions

Section IV – Attachments

Attachment A – Contract Agreement

Attachment B1 > B13 – Specifications and Quote

Attachment C – Lobbying Form and Disclosure

Attachment D - Debarment and Suspension Form

Attachment E – Anti-Collusion Affidavit

Attachment F – Vendor Reference

Attachment G – District/School Contact Information

Attachment H – Vendor Affidavit

Attachment I – USDA requirements

Section I

INVITATION TO BID FRESH BREAD FOR THE GEORGIA EDUCATION COOPERATIVE

A. DATE: March 25, 2024

B. BID NUMBER AND TITLE: GEC Fresh Bread 2024 - 2025

C. TO: All Vendors

D. ANNOUNCEMENT: The GEC is soliciting bids for Fresh Bread

E. GEC MEMBER SCHOOL DISTRICTS PARTICIPATING: 30 districts listed

1. Bartow County, Betsy Roam betsy.roam@bartow.k12.ga.us

2. Calhoun City, Kim Kiker kim.kiker@calhounschools.org

3. Cartersville City, Christina Nichols cnichols@cartersvilleschools.org

4. Catoosa County, Michael Brown mdbrown@catoosa.k12.ga.us

5. Chattooga County, Brandie Wooten bwooten@chattooga.k12.ga.us

6. Chickamauga City, Amy Blesch amy.blesch@glschools.org

7. Commerce City, Rich Friedman rich.friedman@commercecityschools.org

8. Dade County, Jenn Bowden jenniferbowden@dadecs.org

9. Dawson County, Scott Richardson scott.richardson@dawson.k12.ga.us

10. Douglas County, Danielle Freeman Danielle.Freeman@dcssga.org

11. Fannin County, Martha Williams mwilliams@fannin.k12.ga.us

12. Floyd County, Debra Williams dwilliams@floydboe.net

13. Gilmer County, Patricia Partin patricia.partin@gilmerschools.com

14. Greene County, Shanita Wright Shanita.wright@greene.k12.ga.us

15. Hart County, Courtney Hart chart@hart.k12.ga.us

16. Jackson County, Taylor Blake tblake@jcss.us

17. Jefferson City, Savannah Hix savannah.hix@jeffcityschools.org

18. Lumpkin County, Julie Knight Brown Julie.knightbrown@lumpkinschools.com

19. Madison County, Barbara Adair badair@madison.k12.ga.us

20. Marietta City, Cindy Culver cculver@marietta-city.k12.ga.us

21. Morgan County, Kim Johnson kim.johnson@morgan.k12.ga.us

22. Murray County, Amanda Ridley Amanda.ridley@murray.k12.ga.us

23. Newton County, Abdul Lindsay Lindsay.abdul@newton.k12.ga.us

24. Oglethorpe County, Melissa Mattox mmattox@oglethorpe.k12.ga.us

25. Pickens County, Beth Thompson beththompson@pickenscountyschools.org

26. Social Circle City, Melinda Marshall Melinda.marshall@socialcircleschools.org

27. Stephens County, Kim Caudell kim.caudell@stephenscountyschools.org

28. Trion City, Ericka Young Ericka.young@trionschools.org

29. Walker County, Michell Coker michellcoker@walkerschools.org

30. Wilkes County, Elizabeth Bohler bohlere@wilkes.k12.ga.us

F. CONTRACT TERM: This contract term will be twelve (12) months from July 1, 2024 to June 30, 2025 with the possibility of 4 annual renewals if mutually agreeable to both parties and compliant with the terms of renewal within the contract. (See Terms & Conditions)

G. SUBMISSION PROCEDURES: Sealed bids will be received subject to the terms of the solicitation, at the office of: Melinda Marshall, School Nutrition Director for the Social Circle City Board of Education located at

147 Alcova, Social Circle, GA 30025. The solicitation can be found at:

http://www.socialcirclecityschools.com or you may request that a paper copy be emailed to you by contacting: Melinda Marshall 770-464-4833 or melinda.marshall@socialcircleschools.org. Bids must be on the Price Quote Form(s) furnished with this document. Price quote form(s) must be completed in their entirety. Any corrections made on the quote form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid. Each vendor is required to furnish all information requested in the Invitation for Bid. The original and one copy of the bid must be submitted in a sealed envelope marked: GEC Fresh Bread 2024 – 2025.

H. BID DUE AND OPENING: GEC Fresh Bread 2024-2025 bids are due April 22, 2024 at 12 noon Eastern

Time and will be opened on April 22, 2024 at 1:00 PM Eastern Time. Bids will be opened at Social Circle

City Board of Education Office, 147 Alcova Drive, Social Circle, GA 30025. Please allow ample time for delivery. Faxed bids will not be accepted. Bids received late will not be considered.

I. CONTACT INFORMATION: Melinda Marshall, Nutrition Director, Social Circle City Schools, 147 Alcova

Drive, Social Circle, GA 30025. Email: melinda.marshall@socialcirlceschools.org, Phone: 770-464-4833

J. AWARD DETERMINATION: Award for this Fixed-Firm Contract shall be made to lowest-priced responsible and responsive Bidder meeting all GEC Terms and Conditions based on the award criteria set forth in the

Special Terms and Conditions as consideration will be given to student preference and acceptance, compatibility with menus and foodservice operations, and acceptable service. GEC reserves the right to accept or reject any and all bids with a sound, documented reason and to waive any informality, which may mailto:bohlere@wilkes.k12.ga.us http://www.social/ mailto:melinda.marshall@socialcircleschools.org result in awards to other than the lowest bidder, if such action would result in the “best value” for GEC systems and students. The GEC reserves the right to request proposals on any or all items not assigned in the contract. The GEC reserve the right to award by line items to more that one vendor.

K. AWARD DATE, PER AWARD LETTER: April 23, 2024

Section II

General Terms and Conditions

1. ESCALATION/DE-ESCALATIONCLAUSE

Economic Price Adjustment: All prices offered shall be firm against any increase for twelve, (12) months from the effective date of the contract. Thirty (30) days prior to renewal, the GEC may entertain a request for escalation in accordance with the most recently published consumer price index for bread. Each successive option will be treated in the same manner. The GEC reserves the right to accept, reject, or negotiate the request for a price increase. If the price increase is approved, the price will remain firm for one year from the date of the increase. This clause also enables the GEC to seek de-escalation on the same terms.

2. CONTRACT TERM CLAUSES, RENEWAL AND EXTENSION

(a) CONTRACT TERM

The contract between GEC and the Vendor shall begin and end on the dates specified in the Invitation for Bid, unless terminated earlier in accordance with the applicable terms and conditions. Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the State for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.

(b) CONTRACT RENEWAL

The GEC shall have the option, in its sole discretion, to renew the Contract for additional renewals as defined in the Standard Contract on a year-to -year basis for up to 4 additional twelve-month periods by giving the Vendor written notice of the renewal decision at least (30) days prior to the expiration of the initial term or renewal term. Renewal will depend upon the best interests of the GEC, funding, and Vendor’s performance. Renewal will be accomplished through the issuance of a written notice or Notice of Award Amendment.

(c) CONTRACT EXTENSION

In the event that this Standard Contract shall terminate or likely to terminate prior to the making of an award for a new contract for the identified goods and services, the GEC may, with the written consent of Vendor, extend this Contract for such period as may be necessary to afford the GEC a continuous supply of the identified goods and services.

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

SBP.

Buy American: (1) Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:

(i) An agricultural commodity that is produced in the United States; and

(ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grow domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

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

(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.

4. NON-PERFORMANCE OR/AND TERMINATION CLAUSES

(a) IMMEDIATE TERMINATION

This Contract will terminate immediately and absolutely if the GEC determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the GEC cannot fulfill its obligations under the Contract, which determination is the GEC’s sole discretion and shall be conclusive. Further, the GEC 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 GEC 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 connections with the Contract or the bidding process which is materially false, deceptive, incorrect or incomplete.

(b) TERMINATION FOR CAUSE The occurrence of any one or more of the following events shall constitute cause for the GEC to declare the Vendor in default of its obligations under the Contract:

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

(ii) The GEC 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 county or state law including bankruptcy laws; the

Vendor terminates or suspends its business; or the GEC 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, Local laws, rules, ordinances, The GEC regulations and orders when performing within the scope of the Contract;

(vi) The Vendor has engaged in conduct that has or may expose the GEC to liability, as determined in the The GEC’s sole discretion; or

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

(c) NOTICE OF DEFAULT If there is a default event caused by the Vendor, the GEC shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the GEC’s written notice to the Vendor. If the breach or noncompliance is remedied within the period of time specified in the written notice, the GEC 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;

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

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

(e) TERMINATION DUE TO CHANGE IN LAW The County/City SFA shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Vendor as a result of the following:

(i) The County/City SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the County/City SFA; and/or

(ii) The County/City SFA’s duties are substantially modified.

(f) PAYMENT LIMITATION IN EVENT OF TERMINATION In the event of termination of the Contract for any reason by the GEC, they shall pay only those amount, if any, due and owing to the Vendor for goods and services actually rendered up to and including the date of termination of the Contract and for which the School Food Authority is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s Claim. This provision in no way limits the remedies available to the GEC under the Contract in event of termination. The School Food Authority 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 the School Food Authority, 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 from, and any other matters the School Food Authority may require;

(ii) Immediately cease using and return to the School Food Authority, any personal property or Materials, whether tangible or intangible, provided by the School Food Authority to the Vendor;

(iii) Comply with the School Food Authority’s instructions for the timely transfer of any active Files and work product produced by the Vendor under the Contract;

(iv) Cooperate in good faith with the School Food Authority, its employees, agents and Vendors during the transition period between the notification of termination and the substitution of any replacement vendor; and

(v) Immediately return to the School Food Authority any payments made by the School Food Authority for goods and services that were not delivered or rendered by the Vendor.

5. CLEAN AIR/CLEAN WATER STATEMENT

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 if 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).

(a) PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)

An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

https://word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&wopisrc=https%3A%2F%2Fshealy-my.sharepoint.com%2Fpersonal%2Ftheresa_latta_doe_k12_ga_us%2F_vti_bin%2Fwopi.ashx%2Ffiles%2Fbec010d17c724c4e87ece608c427288c&wdenableroaming=1&mscc=1&wdodb=1&hid=8A04FE9E-9078-9000-F0E7-C0736E5CDF51&wdorigin=Other&jsapi=1&newsession=1&corrid=11953eec-d420-4a88-907b-7316107da6ca&usid=11953eec-d420-4a88-907b-7316107da6ca&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlushFallback https://www.law.cornell.edu/topn/solid_waste_disposal_act https://www.law.cornell.edu/cfr/text/40/part-247

6. CIVIL RIGHTS STATEMENT AND ASSURANCE

The SOCIAL CIRCLE CITY SCHOOL DISTRICT hereby agrees that it will comply with:

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

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

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

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

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

Amendment Act of 2008 (42 U.S.C. 12131-12189);

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

(August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA)

(7 CFR Part 15 et seq.);

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

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

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

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

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

By accepting this assurance, the SOCIAL CIRCLE CITY SCHOOL DISTRICT agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the SOCIAL CIRCLE CITY SCHOOL DISTRICT, 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 the SOCIAL CIRCLE CITY SCHOOL DISTRICT.

Signature: Melinda Marshall Title: Director of Nutrition Printed Name: Melinda Marshall

7. RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the County/City Board of Education, School Nutrition Program throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later.

Records to be maintained include both financial records and service records. The Vendor shall permit the Auditor of the State of Georgia or any authorized representative of the School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Vendor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Vendor shall not impose a charge for audit or examination of the Vendor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the County/City Board of Education reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

8. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT ($10K+)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

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

9. 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).

10. HUB (HISTORICALLY UNDERUTILIZED BUSINESS) STATEMENT

It is the intent of the SOCIAL CIRCLE CITY Board of Education/SFA to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms.

Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or noncompetitive procurement (2 CFR 200.321). Positive efforts include:

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

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

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

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

• 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

• Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs

(1) through (5) of this section.

11. 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

12. CODE OF CONDUCT

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

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

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

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

13. DUTY TO EXAMINE

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

14. USDA AND STATE REQUIREMENTS

Vendor must comply with USDA Federal Regulations regarding procurement for Child Nutrition Programs – 7 CFR Part 3015 to CFR Parts 3016 and 3019. This contract shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the state of Georgia. State Sales and Use Tax Certification of Exemption forms will be issued upon request.

15. 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. 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.

16. PROTEST PROCEDURES

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

Any protests arising from this solicitation and award shall be made in writing and shall be delivered to the Superintendent as the acting protest official of the School Food Authority holding this bid the GEC. The protest shall be filed no later than ten (10) days from the award notice and shall include:

(i) The name, address, and telephone number of the protester;

(ii) The signature of the protester or an authorized representative of the protester, identification of the purchasing agency and the solicitation or contract number;

(iii) A detailed statement of the legal and factual grounds of the protest including copies of relevant documents

(iiii) The form of relief requested.

A written response to the protest will be made within 30 days from receipt of the protest.

17. FORCE MAJEURE (FORCE OF NATURE)

If the GEC, in its reasonable discretion, determines that the Force Majeure event is likely to delay Vendor’s performance for more than thirty (30) days, the GEC reserves the right to cancel the agreement between the parties. In that event, neither party shall have any further liability to the other, subject only to the GEC’s obligation to pay the Vendor for work already completed by the Vendor and the Vendor’s warranty for work already completed.

18. FOOD RECALLS

Vendor 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. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA and assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner.

Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a separate document to be submitted along with proposal. Vendor will provide the contact person and the backup person’s contact information, whom will handle food recalls, to the school nutrition director or designee.

19. BIOSECURITY

Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the USDA, Food Safety, and Inspection Service. Vendor will define their biosecurity policy and procedures on a separate document to be submitted along with proposal.

20. EVIDENCE OF INSURANCE

(a) The successful company, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this IFB the following insurance:

Coverage Limits of Liability

Workmen’s Compensation Statutory

General Liability/Property Damage $500,000 each occurrence $1,000,000 aggregate

Personal Injury $500,000 each occurrence $1,000,000 aggregate

Automobile Liability/Property Damage $500,000 each occurrence

Bodily Injury $500,000 each occurrence

$1,000,000 aggregate

(b) Prior to commencement of performance of this Agreement, Vendor shall furnish to the School Nutrition Program a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the GEC Member Districts County/City Board of Education, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be cancelled without ten (10) days advance written notice to the School Nutrition Program. Such certificate shall be issued to GEC Member Districts County/City Board of Education, School Nutrition Program.

(c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Vendor, whichever shall occur later.

21. CERTIFICATION FOR DEBARMENT AND SUSPENSION FORM ATTACHMENT

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

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.

Section III Special Terms and Conditions

1. NUTRIENT ANALYSIS AND CN LABELS MUST BE PROVIDED

A signed copy of the nutrient analysis for each item quoted must be provided with the quotation. Product labels should provide a Child Nutrition Label (CN) accurately stating contribution to the current USDA guidelines, where a product with 16 g of combined flour equals 1 Oz Grain Equivalent, as required for the National School Lunch and

School Breakfast meal pattern.

2. TAX

Quotations shall be free of all taxes. Quotations shall include all required services and materials specified in this document with all discounts included. Quotation must include all delivery charges. Tax Exemption Certificates will be furnished upon request.

3. DELIVERY

Prices quoted in this bid should be for the delivery of fresh bread products as specified, (2 deliveries per week) in units as specified to the individual school facilities.

All items ordered will require delivery to each school facility. Locations of schools will be provided by the

PARTICIPATING SCHOOL SYSTEM. Any and all charges and/or surcharges for delivery must be clearly indicated and included in the unit price.

All deliveries must be prescheduled and on time. Product may not be left outside, but must be delivered to a clean and secure area. Drivers should utilize the most advanced technology, be professional, keep accurate records, and exhibit friendly customer service. Drivers must be trained in the specific needs of school nutrition programs, lunch room workers, and school kitchens. Driver must remove empty bread racks in a timely manner; and remove all empty bread racks at the end of the school year. Trucks must be clean, free of pest and follow an approved cleaning procedure. Sanitation must be routine and documented. Documentation of cleaning must be posted in the delivery truck/trailer and copies made available upon request. Delivery trucks should not be used to transport non food items, contaminated products, or livestock. Drivers must be trained in the chain of custody of product to best understand food safety. Delivery vehicles, warehouses, and bakeries are subject to inspection by the GEC or participating counties’ nutrition personnel. Delivery personnel must wear vendor issued uniforms and/or ID badges.

Orders for the first week of school will be placed by each school at minimum one (1) weeks prior to the first day of school opening.

The successful contractor shall contact each school to establish orders and delivery schedules that are mutually satisfactory.

The successful vendor must be prepared for a company representative to visit each school facility prior to the first day of school, for the contract period, to meet the site manager and receive directions for delivery specific to that school.

Delivery times must be arranged with the site manager to prevent any delay in lunch and breakfast schedules for each school.

Products shall not be crushed or damaged when delivered.

All deliveries are to be to the storage area designated by each school Nutrition Service Manager INSIDE the school kitchen. FOR SECURITY PURPOSES: UNDER NO CIRCUMSTANCES SHOULD BREAD PRODUCTS BE

DELIVERED TO THE SCHOOL DOCK OR OTHER UNAUTHORIZED AREA.

In the event that a scheduled delivery day falls on a school holiday or closed day, the successful contractor will deliver to all school sites for that school system on another day in that week if bread products are needed.

If due to unforeseen circumstances, a scheduled delivery is going to be delivered late, the contractor shall notify the schools receiving delivery well in advance, notifying the school as to the day and the expected time of arrival.

Notification shall be ASAP.

If product cannot be delivered on the day scheduled the contractor will contact each unit, when delivery is expected, to determine the best delivery time on the preceding or following day. Notification shall be ASAP. (Notification should be prior to the scheduled delivery day)

Day deliveries will be made at hours convenient to the vendor and when an authorized receiving person is available, excluding the hours during meal service at each site. Morning deliveries must be made before 7:00 A.M.

in breakfast schools.

A school calendar will be provided by the school system to assist the vendor in planning delivery schedules.

4. SAFETY AND SECURITY REQUIREMENTS FOR NIGHT DELIVERIES

In order to facilitate timely deliveries, the following school system will provide to the successful vendor security access codes and keys to school kitchens.

Calhoun City Schools

Commerce City Schools

Floyd County Schools

Murray County Schools

Payment for night deliveries will be only for the amount of product delivered to the designated site, less the existing inventory at the school.

Safety and Security contact phone numbers for each school system allowing night deliveries will be provided and should be used by delivery people in case of emergency or request for assistance.

A Security Service Charge of $50.00 will be assessed when security alarms are triggered during bread delivery beginning with the third occurrence per school and $50.00 per alarm, per school, continually thereafter during the remainder of the contract.

Keys must be returned to each school system allowing night deliveries within five (5) working days from the last day of the contract period. Keys must be returned in the same condition as received. Charges to replace keys and/or locks due to missing/damaged keys and locks will be deducted from the final payment made at the end of each school year.

If keys are lost, the vendor shall be charged for replacement of the lock and two keys. The vendor shall be responsible for any theft, vandalism or damages that occur because of lost keys or doors left unlocked.

If during the course of the contract, school security access codes must be changed due to negligence on the part of any representative of the company, a $150.00 reprogramming fee will be charged.

All security charges and fees will be fully itemized and deducted from payment to the vendor.

5. QUOTATION AND DETAILS FOR ADDITIONAL DELIVERY CHARGES

Detail delivery information below, including the number of delivery days per week incorporated in bid pricing. If bid prices include delivery for more than two (2) days per week, list the number of planned delivery days as bid during a regular week. Also, list any charges for each additional delivery day per week beyond those included in bid pricing.

6. QUALITY OF PRODUCT AND DELIVERY

The successful vendor shall be the sole source of fresh bread products as specified for the GEC school systems actively participating in this bid. As such, the successful bidder is obligated to meet all terms and conditions as specified in the bid document for the GEC and other participating Counties through-out the contract period. Failure to do so may result in termination of the contract.

The GEC reserves the right to determine if the products delivered are the type and quality as specified and bid.

Product must be delivered fresh.

Vendors should be advised that random sampling and testing of products purchased under this bid contract will be performed. If at any time during the contract period a participation GEC school system does not receive product in the quality or condition as bid, sampled and accepted through this bid process, such items are to be removed at the vendor's expense from the premises of all GEC member schools requesting pickup. Any cost incurred will be borne by the vendor including full credit to GEC member schools for the total amount of product removed. Additionally, this may result in termination of the bid contract.

In the event the successful vendor fails to deliver all items on or before the required delivery dates and does not meet the terms of delivery as bid, the contract may be terminated.

7. INVOICING AND PAYMENTS

Each GEC participating School systems will provide detailed payment information upon award of the bid.

The successful vendor will provide two invoices as orders are delivered. All invoices must be fully itemized, showing unit and extended cost. Invoices must have an invoice number and show the date of delivery to the receiving school. If there is a shortage or error in goods received, as determined by the authorized receiving person, payment will be adjusted accordingly.

Payment will be made promptly by each participating school system after final acceptance of products as delivered is made by an authorized representative of each school site and receiving is complete.

Final inspection resulting in acceptance or rejection of the products by each school site will be made as soon as practicable, but failure to inspect during delivery shall not be construed as a waiver by the school to claim reimbursement or damages for such products, which are later found to be out of compliance with specifications or unwholesome.

No invoice will be processed for payment until such time as all contractual obligations have been met and products have been received and determined to be in good order.

The successful vendor shall give full credit for delivery of outdated product, and/or spoiled product as delivered.

The GEC and other participating school systems are held harmless in the event one or more participating school systems do not meet their financial obligations resulting from this contract.

All invoices and/or financial questions should be directed to each listed GEC member respectively. The contacts for financial correspondence with telephone numbers and mailing addresses for each participating school system may be found in the Participating School System Information section of this document.

After bid award, contact information will be provided to each school for: 1) route driver 2) route driver’s supervisor 3) billing issues

8. PIGGYBACKING CLAUSE

The vendor agrees to allow the Social Circle City School Nutrition Program and the following school districts (see attachment) to have the same terms, cost and conditions as this bid, during the time that this bid is in effect. SFAs may order items in quantities of one or more. Any liability created by purchase orders issued against this agreement shall be the sole responsibility of the SFA placing the order. Prices and terms shall remain firm and in effect from the award of this bid, unless otherwise specified.

9. SPECIAL CONDITIONS FOR BREAD BID

The successful company must ensure that all racks and trays used for delivery are clean and sanitary.