IFB B600201 _ Clayton County Food Giveaway.pdf

Invitation for Bids (IFB) 600201,1

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

INVITATION FOR BIDS

FOR

CLAYTON COUNTY FOOD GIVEAWAY

People taking People where they want to go today and tomorrow.

Dear Potential Supplier:

Thank you for your interest in doing business with the Metropolitan Atlanta Rapid Transit Authority ("MARTA" or the "Authority").

The Department of Contracts, Procurement and Materials ("CPM") encourages all prospective suppliers to carefully review the solicitation instructions and all required submittal forms included in this package. It is essential that each form be completed accurately and in its entirety.

All suppliers must complete, sign, and submit the required forms as part of their response. Failure to include any required form, or submission of incomplete or insufficient information, may result in your solicitation being deemed non-responsive.

If the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the submittal deadline and before an award is made.

For information regarding this solicitation, please refer to the solicitation documents or submit any questions in writing to MARTA's designated contact person. If you need any technical assistance, please submit a request to MARTA's Procurement Project Support team at iSupplierinfo@itsmarta.com.

Thank you once again for your interest in doing business with the Authority. We look forward to receiving your solicitation response.

Sincerely, Jacqueline A. Holland

AGM, Contracts, Procurement & Materials

Submit your response to the following contact.

Company Metropolitan Atlanta Rapid Transit Authority

Buyer Reshaunna Austin Location 2424 Piedmont Road NE

Atlanta, GA

30324 Fulton United States

Phone Fax

E-mail raustin1@itsmarta.com

When submitting your response, include the following information.

Your Company Name

Company Site (Optional) Address

Contact Details Response Valid Until

(Optional)

This document has important legal consequences. The information contained in this document is proprietary of Metropolitan Atlanta Rapid Transit Authority. It shall not be used, reproduced, or disclosed to others without the express and written consent of Metropolitan Atlanta Rapid Transit Authority.

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Negotiation Controls

1.4 Terms

2 Requirements

2.1 Section 1. PART 1: INFORMATION AND INSTRUCTIONS TO BIDDERS

2.2 Section 2. PART 2: SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

2.3 Section 3. PART 3: SUBMITTAL FORMS

2.4 Section 4. SOLICITATION TERMS AND CONDITIONS

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

3.2.2 Line 2

3.2.3 Line 3

3.2.4 Line 4

3.2.5 Line 5

3.2.6 Line 6

3.2.7 Line 7

3.2.8 Line 8

3.2.9 Line 9

3.2.10 Line 10

4 Contract Terms

1 Overview

1.1 General Information

Title B600201: Clayton County Food Giveaway

Synopsis MARTA is seeking bids from Firms to plan, manage, and operate a market service program - which may include mobile markets, indoor markets, or a combination of both - to expand food access to underserved areas of Clayton County, Georgia.

Amendment Date 03/10/2026 11:50 AM Amendment Description B600201: Clayton County Food Giveaway - Amendment One (1)

Buyer Reshaunna Austin Outcome Purchase Order E-Mail raustin1@itsmarta.com

1.2 Schedule

Preview Date Open Date 03/10/2026 11:50 AM

Close Date 04/15/2026 2:00 PM Award Date Time Zone Eastern Standard Time

1.3 Negotiation Controls

Response Visibility Sealed

Lines Settings Rank Indicator 1,2,3...

Ranking Method Price only

1.4 Terms

Payment Terms NET Freight Terms Shipping Method FOB DESTINATION

Negotiation Currency USD (US Dollar) Price Precision 2

2 Requirements *Response is required

2.1 PART 1: INFORMATION AND INSTRUCTIONS TO BIDDERS

1. GENERAL AND BACKGROUND INFORMATION

The Metropolitan Atlanta Rapid Transit Authority ("MARTA") operates the ninth largest transit system in North America, providing bus, rail and paratransit services in the greater metropolitan Atlanta area. MARTA transports over 500,000 people in the City of Atlanta and counties of Clayton, DeKalb and Fulton daily.

MARTA has approximately 4,540 employees.

2. EQUIPMENT, SUPPLIES AND/OR SERVICES BEING PROCURED

MARTA is seeking bids from Firms to plan, manage, and operate a market service program - which may include mobile markets, indoor markets, or a combination of both - to expand food access to underserved areas of Clayton County, Georgia. MARTA's Office of Real Estate Development and Asset Management (REDAM) will administer the contract (if awarded) pursuant to the terms and conditions contained in that certain form of Clayton County Food Giveaway attached hereto at Part 4 ("Contract").

3. DEFINITIONS

The following terms shall have the following meanings when used throughout this Invitation for Bids ("IFB"):

Bid: A written response (i.e., bid form and other required submittals) to this IFB prepared by a Bidder and submitted to MARTA's Office of Contracts, Procurement and Materials ("CPM").

Bidder: Each Firm or aggregation of Firms (which may include a joint venture partnership, limited liability company or limited liability partnership) submitting a bid in response to this IFB with the intent of performing the services as the prime contractor.

Firm(s): A person or entity that has or will obtain, prior to the execution of any contract awarded hereunder, all necessary licenses required by the State of Georgia to perform the Services and is authorized to do business in the State of Georgia.

4. MINIMUM QUALIFICATIONS

To participate in this procurement, Bidder must satisfy the qualifications required by this IFB. Where the Bidder is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Bidder (i.e., over 50% ownership) must meet the minimum requirements set forth in this IFB. Additionally, prior to execution of the Contract, the successful Bidder will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia. Bidder(s) (or an entity comprising Bidder) must not submit more than one bid under the same or different names or as part of multiple organizations. Any bidder or entity comprising bidder that submits more than one (1) bid in response to this solicitation shall be deemed non-responsive.

NOTE: This restriction set forth in this paragraph is not applicable to subcontractors.

By submitting a bid in response to this IFB, the Bidder represents and warrants to MARTA that Bidder has or will acquire all of the licenses, certifications, permits, bonding capacity and insurance. By submitting a bid concerning this procurement, Bidder acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, all of MARTA's policies and procedures (as the same may change from time to time), all of which are incorporated into this IFB by this reference.

5. NO OFFER BY MARTA; FIRM OFFER BY BIDDER

This procurement does not constitute an offer by MARTA to enter into an agreement and cannot be accepted by any Bidder to form an agreement. This procurement is only an invitation for offers from interested Bidders and no offer, bid or proposal shall bind MARTA. However, Bidder's offer is a firm offer to MARTA for a period of 150 calendar days from the bid opening date and may not be withdrawn during such 150-day time period.

6. PRE-BID CONFERENCE

a. A pre-bid conference is scheduled for March 23, 2026, at 10:00 a.m. (local time) via a virtual webinar stream at the following link: https://events.gcc.teams.microsoft.com/event/87749c9e-22de-4b19-97b2- 78ddbb57836a@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a. Bidders are advised that notwithstanding the address, MARTA's headquarters building is located west of Piedmont Road on Morosgo Drive across from the Lindbergh Rail Station. Attendance at the pre-bid conference is not required but is strongly encouraged.

b. Each Bidder is responsible for being fully informed regarding all existing and expected conditions and matters that may affect the cost or the performance of the Contract (including, without limitation, local labor, wage scales, means of transportation, laws, codes, regulations, licensing requirements, local tax structure, insurance requirements and all other conditions that may affect the work under the Contract). The successful Bidder, if any, will not be entitled to extra compensation or relieved of any obligation because of any conditions that could be ascertained by examining the Bid documents or any inquiry into local conditions. Bidders are likewise responsible for consulting all standards referred to in the Bid documents.

Any failure to fully investigate the requirements of this IFB shall not relieve any Bidder from the responsibility to properly estimate the difficulty or cost of successfully performing the Services being sought under this IFB.

7. ADDITIONAL DOCUMENTATION

Each Bidder, if successful, acknowledges and agrees to submit such additional documentation (e.g., insurance/bonds, permits, certifications, etc.) promptly after an award pursuant to any notice provided by MARTA and as required by the terms of this IFB and the Contract.

8. PROCUREMENT QUESTIONS; PROHIBITED CONTRACTS

Any questions regarding this procurement must be submitted in writing to MARTA's contact person, Reshaunna Austin via electronic mail raustin1@itsmarta.com, on or before March 13, 2026, at 11:59 p.m.

Questions submitted after the designated period may not be considered by MARTA. Any response made by MARTA will be provided in writing to all Bidders by posting the same to MARTA's website at www.

itsmarta.com. It is the responsibility of each Bidder to obtain a copy of all responses and/or any addenda issued for this procurement by monitoring MARTA's website. No Bidder may rely on any verbal response to any question concerning this procurement. All Bidders (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement. All communications by any Bidder must be made with MARTA's contact person or any other MARTA employees or representatives designated by the head of MARTA's Contracts, Procurement and Materials Department.

9. BID DEADLINE

To be considered responsive, a Bidder must complete and submit its Bid and all required submittals and attachments in accordance with the instructions contained or referenced in this IFB. All responses to this IFB must be received electronically via the Oracle Portal by MARTA's Department of Contracts, Procurement & Materials, on or before April 15, 2026, at 2:00 p.m. Any Bid received after this time will not be considered/reviewed and will be rejected. Bids will be opened publicly on April 16, 2026, at 10:00 a.m.

(local time) via a virtual webinar stream at the following link: https://events.gcc.teams.microsoft.

com/event/9ee1eb18-dd81-405e-933b-1a988ae92dca@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a.

10. OWNERSHIP OF BIDS

Each bid submitted to MARTA will become the property of MARTA, without compensation to Bidders, for MARTA's use, in MARTA's sole discretion.

11. REQUIRED SUBMITTALS

a. Form 1: Illegal Immigration Reform and Enforcement Act.Each Bidder mustcomplete, sign and submit a Contractor's Affidavit with its bid. This IFB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 ("Act"), as amended. Pursuant to the Act, the Bidder must provide with its bid proof of its registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. Under state law, MARTA cannot consider any bid which does not include a completed Contractor's Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with MARTA are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on MARTA procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to https://www.e-verify.

gov/employers/enrolling-in-e-verify.

b. Form 2: Acknowledgement of Addenda. Each Bidder must complete, sign and submit an acknowledgement with its Bid that it has received all Addenda issued by MARTA for this IFB. This form is provided and may be used to satisfy this requirement.

c. Form 3: No Conflict of Interest. Each Bidder must complete, sign and submit with their bid the information called for by the form.

d. Form 4: List of Proposed Subcontractors. Each Bidder is requested to furnish with their bid the information called for by the form. The purpose of this information is to facilitate the evaluation of proposed subcontractors' technical ability. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the Bid Deadline and before an award is made. Bidders will not, by naming subcontractors in their Bid, be precluded from contracting with other or additional subcontractors in the event of an award, except that Bidders will be required to contract with subcontractors approved in advance by MARTA and deemed by MARTA to be technically and otherwise responsible to perform work under the Contract. If the bidder will not be using subcontractors, they should mark the form as not applicable and submit it.

e. Form 5: Qualifications and Business References. Each Bidder is requested to furnish with their bid the https://events.gcc.teams.microsoft.com/event/9ee1eb18-dd81-405e-933b-1a988ae92dca@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a https://events.gcc.teams.microsoft.com/event/9ee1eb18-dd81-405e-933b-1a988ae92dca@d5b52ccb-1bf9-4a3e-a010-0f3b332bc26a https://www.e-verify.gov/employers/enrolling-in-e-verify information called for by the form. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the bid deadline and before an award is made.

If the Bidder is a joint venture, each joint venture must prepare and submit a separate form. Extra form, if needed, may be obtained from MARTA by contacting MARTA's contact person for this IFB.

12. BID EVALUATION, AWARD AND MULTIPLE AWARDS; TRADE NAMES AND ALTERNATIVES

a. Upon the timely receipt of the Bids, MARTA shall determine which Bidders are responsive and responsible. Each responsive and responsible Bid received by MARTA constitutes an offer to perform the Contract upon the terms and conditions contained in the Contract for the prices contained on the Bid Form, which may be accepted by MARTA giving the successful Bidder notice of award during the period set forth in Section 5 hereinabove.

b. After Bids have been opened and before any award is made, MARTA will evaluate the Bid Form and all of the information supplied by Bidder in response to this IFB. To be considered for award, a Bidder must be technically and financially qualified to perform the Contract as determined by MARTA. As part of the pre‑award survey, MARTA may require Bidder to provide technical information about its products. Such information, if required, will be solely for the purpose of determining the Bidder's qualifications. In the event of an award, the Technical Provisions of the Contract shall control over any such information submitted and any opinions with respect thereto that may be expressed, and any evaluations thereof that may be made, by personnel of the Authority during the pre‑award survey.

c. The Contract will be awarded, if at all, to a responsive and responsible Bidder and who are technically, financially and otherwise qualified to satisfactorily perform and meet all conditions in the Contract. MARTA reserves the right to accept a Bid other than the lowest, if it determines that MARTA's interests will be best served by doing so, or to reject all Bids or parts of Bids received.

d. If only one (1) acceptable bid is received, MARTA will determine whether a price or cost analysis of the bid is required. If MARTA decides to conduct a price or cost analysis, the Bidder will provide all information needed and requested by MARTA to do so, and shall otherwise cooperate as necessary for the purpose.

e. Trade Names and Alternatives. Equipment, supplies, goods, or materials may be described or specified, either in the Technical Specifications or on the Bid Form, by trade names or the name of manufacturers and their catalogue information, or may be similarly listed as being known to be acceptable to MARTA. In such cases, the Bidder shall state in its bid the trade name, the manufacturer and the model number or other catalogue information, or other description of the equipment, supplies, goods, or materials that it will, if awarded the Contract, supply or use. The product so designated in the Bid may be one of those named in the specifications. Alternatively, unless the contrary is expressly specified, but subject to MARTA's approval as hereinafter provided, the Bidder may designate an alternative that is at least equal in quality and has the characteristics required for the purpose intended. The Bidder shall be required to show that any such alternative it proposes is in fact equal with respect to quality, reliability, suitability, safety, and ease of use, and shall provide MARTA with all information reasonably needed to do so. If a classification, rating, or other certification by an independent testing laboratory is a part of the specifications, the Bidder shall provide reports or certifications by such agency, or by an equivalent independent testing laboratory, showing that any proposed alternative complies. Bidders who propose alternatives should submit appropriate information with their Bids, but may explain, clarify, or supplement such information if necessary.

13. SUBMISSION OF BIDS

a. Bids must be submitted according to the requirements of this IFB. All blank spaces must be typed or hand-written in blue or black ink. All corrections to any entry should be lined out and initialed by the Bidder prior to Bid submission.

Do not use correction tape or liquid paper. Any conditions placed upon a Bid or exceptions to the terms of this IFB (or the Contract) may result in MARTA deeming the Bid non-responsible.

b. Bids shall be signed by hand by a principal of the Bidder with the authority to bind the Bidder and enter into an agreement with MARTA. Joint ventures or partnerships must designate one joint venture member/partner to represent the joint venture or partnership, respectively, with the authority to submit and execute a Bid, bind the entity as well as enter into an agreement with MARTA. Each Bidder is responsible for the preparation of its Bid and for the costs associated therewith.

c. Each Bidder must submit a complete bid in accordance with the requirements of this IFB. The format for the submission of a bid mandated by this IFB is not negotiable. The name and number of this solicitation is B600201:

Clayton County Food Giveaway. Bids must be submitted electronically, and clearly identify the name of the solicitation, Bid Number, Bidder's Name and address, and Bidder's Federal Work Authorization User Identification Number.

d. Bids will not be reviewed on the following days: New Year's Day, Martin Luther King, Jr's birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day.

e. Each Bidder shall promptly notify MARTA in writing, prior to the Bid Deadline, should the Bidder find discrepancies, errors, ambiguities or omissions in any of Bidder's bid documents or should the intent or meaning set forth in Bidder's bid documents appear unclear or ambiguous.

f. A Bidder must submit one (1) original complete bid.

g. Each Bidder shall promptly notify MARTA in writing should the Bidder find discrepancies, errors, ambiguities or omissions in any of the IFB documents prior to the end of the question/comment period set forth herein. MARTA will reply to such notices, if necessary, by issuing an addendum to the IFB. It is the responsibility of each Bidder to obtain a copy of any addendum issued for this IFB by monitoring MARTA's website at

14. REJECTION OF BIDS; CANCELLATION OF IFB; WAIVER OF TECHNICALITIES

MARTA reserves the right to reject any bid or all bids or to waive any technical defect in a bid before or after the Bid Deadline. MARTA also reserves the right to (a) reject any bid that contains prices that appear to be unbalanced if MARTA determines, in its sole discretion, that such rejection is in MARTA's best interests or

(b) cancel this IFB at any time for any reason or no reason. Additionally, MARTA may, by addendum, modify any provision or part of this IFB at any time prior to the Bid Deadline. The Bidder shall not rely on oral clarifications to the IFB unless they are confirmed, in writing, by MARTA in an issued addendum. MARTA also reserves the right to award based upon a Bidder's original submission without discussion.

15. GEORGIA OPEN RECORDS ACT

Information provided to MARTA is subject to disclosure under the Georgia Open Records Act ("GORA").

Pursuant to O.C.G.A. § 50-18-72(a)(34), "[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].

16. REPRESENTATION

By submitting a bid in response to this IFB, Bidder acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the Bidder an affiliate of a high cost lender or a predatory lender, as described in Chapter 6A of Title 7 of the Official Code of Georgia Annotated ("Code"); (b) it has read all of the IFB documents (including, without limitation, the Contract) and acknowledges that, if successful, Bidder shall be bound by the requirements stated therein; (c) the signatory to the Bid is the Bidder (or Bidder's duly authorized agent or employee of the Bidder with the authority to bind Bidder hereto); (d) any information or disclosure provided in response to this IFB are fully restated herein and remain truthful and accurate representations up to and including the date Bidder submits its Bid to MARTA; (e) MARTA will not agree to make any substantive revisions to the Contract; (f) it will be bound by MARTA's Code of Ethics available at:

https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf

Uploaded as the same may be amended from time to time in MARTA's sole discretion; and (g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

17. CONFLICT OF INTEREST

By submitting a bid in response to this IFB, Bidder is representing and warranting to MARTA that none of the following, during the term of the Contract or for six (6) months thereafter, have or will have any interest, direct or indirect, in the Contract or in any part of the proceeds, therefor: (a) members of the MARTA Board of Directors; (b) officers or employees or former employees of MARTA, or of any representative of MARTA in the administration of this Contract, pursuant to MARTA's Code of Ethics and Standards of Conduct. This Section also applies to members of or delegates to the United States Congress or the Georgia legislature;

and members of the governing body, and all other officers and employees, of the City of Atlanta or the counties of Clayton, DeKalb or Fulton.

18. PROTESTS

Any protest or objection to this IFB or the solicitation process related to this IFB must be submitted, in a timely manner, in accordance with the protest procedures set forth on MARTA's website at https://itsmarta.

com/uploadedfiles/Bid%20Protest%20Procedure.pdf.

19. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED BUSINESS UTILIZATION

All Bidders are strongly encouraged to consider the use of Small Business Enterprises in all aspects of the Contract that will be awarded pursuant to this solicitation process. MARTA has assigned a 0% goal for Disadvantaged/Small Business Enterprise participation in this project. The Bidder agrees and warrants that Bidder:

(a) does not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin; and (b) complies with all the rules, regulations and other relevant orders of the US Secretary of Labor, and Bidder will furnish all information and reports required by Title VI of the Civil Rights Act of 1964, as well as, the Age Discrimination in Employment Act effective June 12, 1968, and will permit access to books, records and accounts by the Authority, the Secretary of Labor and/or the Secretary of Transportation, for purposes of investigation to ascertain Bidder's compliance with such rules, regulations, and orders.

https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf

20. ENVIRONMENTAL PURCHASING

MARTA desires to use Environmentally Preferable Purchasing (EPP) criteria when making purchases for commodities and services. Environmentally Preferable Purchasing refers to securing products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. These products minimize the consumption of resources, energy and water; prevent the creation of solid waste, air pollution or water pollution; minimize the use of materials or processes which compromise the environment; and/or promote the use of non-toxic substances and avoid toxic materials or processes.

a. Twelve basic categories are used to provide guidance as to what constitutes an environmentally preferable product.

These categories include:

1. Alternative Energy Source

2. Bio-Based

3. Biodegradable

4. Compostable

5. High Recycled Content

6. Low Toxicity

7. Low Volatile Organic Compound (VOC)

8. Pollution (air, water, solid waste) Reduction

9. Recyclable

10. Repairable

11. Resource Efficient (water conserving and/or energy efficient)

12. Reusable

b. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Bids submitted should comply with the following guidelines:

1. All copies should be printed double-sided.

2. All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). All Bids should note the level of recycled content contained in the paper being used.

3. Unless absolutely necessary, all Bids and copies should minimize or eliminate the use of non-recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three-ringed binders, glued materials, paper clips and staples are acceptable.

4. Bidders should submit materials in a format that allows for easy removal and recycling of paper materials.

5. Bidders are encouraged to use other products that contain recycled content in their Bid documents. Such products may include, but are not limited to, folders, binders, paper clips, discs, envelopes, boxes, etc. Where appropriate, Bidders may wish to note which products in their Bids are made with recycled materials.

6. Unnecessary samples, attachments or documents not specifically asked for should not be submitted with the Bids.

21. ELECTRONIC SOLICITATION DOCUMENTS

This IFB is being made available to all Bidders by electronic means. By responding to this IFB, Bidder acknowledges and accepts full responsibility to ensure that it is responding to the correct form of IFB, including any addenda issued by MARTA's Department of Contracts, Procurement and Materials. Bidder acknowledges and agrees that in the event of a conflict between the IFB in the Bidder's possession and the version maintained by MARTA's Department of Contracts, Procurement and Materials, the version maintained by MARTA's Department of Contracts, Procurement and Materials shall govern. The IFB document is available at www.itsmarta.com.

22. AWARD OF CONTRACT; EXECUTION

If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Bidder a Contract for execution substantially in the form included in the solicitation document.

2.2 PART 2: SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1. SUPPLEMENTARY INSTRUCTIONS

The following supplementary instructions to Bidders for IFB B600201 adds to, modifies and/or amends the instructions set forth elsewhere in this solicitation document. In the event of a conflict between the instructions contained in this Part 2 and the balance of the IFB, the terms and conditions set forth in this Part 2 shall control.

1. RESERVED.

2.3 PART 3: SUBMITTAL FORMS

1. This Checklist is being provided for information purposes only.

(Please find the check list as below)

PART 3: REQUIRED SUBMITTAL FORMS

(Check List)

This Checklist is being provided for information purposes only. Bidders are responsible for reviewing the entire solicitation document and remitting all required and/or requested information and submittals. Please include the checklist with your Bid, however, failure to remit the Checklist will not result in the Bidder being deemed non-responsive.

Complete, sign, notarize (if applicable) and submit all forms listed below:

1. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

2. Contract Affidavit (Form 1a)

3. Subcontractor Affidavit (Form 1b)

4. Sub-Subcontractor Affidavit (Form 1c)

5. Acknowledgement of Addenda (Form 2)

6. No Conflict of Interest (Form 3)

7. List of Proposed Subcontractors (Form 4)

8. Qualifications and Business References (Form 5)

9. Appendix A: Department of Corporate Compliance and Engagement Requirement

*2. Please download the attached file containing the set of forms. Complete the forms as required and upload the completed file.

Select one of the following:-

a. Form Attached(Response attachments are required)

3. Please share the updated forms related to ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT AFFIDAVIT (Form1)

(Submittal forms format is provided as part of solicitation attachment)

Select one of the following:-

a. Form Attached

*4. Please share the updated forms related to Contractor Affidavit O.C.G.A. § 13-10-91(b)(1) (Form1a)

(Submittal forms format is provided as part of solicitation attachment)

Select one of the following:-

a. Form Attached

5. Please share the updated forms related to Subcontractor Affidavit O.C.G.A. § 13-10-91(b)(3) (Form1b).

(Submittal forms format is provided as part of solicitation attachment).

Select one of the following:-

a. Forms attached

6. Please share the updated forms related to Sub-subcontractor Affidavit O.C.G.A. § 13-10-91(b)(4) (Form 1c)

(Submittal forms format is provided as part of solicitation attachment).

Select one of the following:-

a. Forms Attached

*7. Please share the updated forms related to ACKNOWLEDGMENT OF ADDENDA (Form2).

(Submittal forms format is provided as part of solicitation attachment)

Select one of the following:-

a. Form Attached

*8. Please share the updated forms related to NO CONFLICT OF INTEREST (Form3)

(Submittal forms format is provided as part of solicitation attachment)

Select one of the following:-

a. Form Attached

9. Please share the updated forms related to LIST OF PROPOSED SUBCONTRACTORS (Form 4)

(Submittal forms format is provided as part of solicitation attachment).

Select one of the following:-

a. Forms Attached

*10. Please share the updated forms related to QUALIFICATIONS AND BUSINESS REFERENCES (Form 5).

(Submittal forms format is provided as part of solicitation attachment)

Select one of the following:-

a. Form Attached

11. Reserved.

2.4 SOLICITATION TERMS AND CONDITIONS

*1. Please review the terms and conditions provided as part of this solicitation and provide your confirmation.

Select one of the following:-

a. Accepted

b. Discussion Needed(Response attachments are optional)

Comments:

3 Lines

3.1 Line Information

Line Target Quantity

UOM Response Quantity

Response Price

Line Amount

Promised Date

1-Clayton County Food Giveaway - 1000 families - Event 1

1 EAC

H

2-Clayton County Food Giveaway - 1000 families - Event 2

1 EAC

H

3-Clayton County Food Giveaway - 1000 families - Event 3

1 EAC

H

4-Clayton County Food Giveaway - 1000 families - Event 4

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1 EAC

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7-Clayton County Food Giveaway - 1000 families - Event 7

1 EAC

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8-Clayton County Food Giveaway - 1000 families - Event 8

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10-Clayton County Food Giveaway - 1000 families - Event 10

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3.2 Line Details

3.2.1 Line 1 Clayton County Food Giveaway - 1000 families - Event 1

Category Name 96240 Item Revision

Allow Alternate Lines No Requested Date 02/16/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

Start Price (USD)

3.2.2 Line 2 Clayton County Food Giveaway - 1000 families - Event 2

Allow Alternate Lines No Requested Date 02/16/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.3 Line 3 Clayton County Food Giveaway - 1000 families - Event 3

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.4 Line 4 Clayton County Food Giveaway - 1000 families - Event 4

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.5 Line 5 Clayton County Food Giveaway - 1000 families - Event 5

Allow Alternate Lines No

Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.6 Line 6 Clayton County Food Giveaway - 1000 families - Event 6

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.7 Line 7 Clayton County Food Giveaway - 1000 families - Event 7

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.8 Line 8 Clayton County Food Giveaway - 1000 families - Event 8

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.9 Line 9 Clayton County Food Giveaway - 1000 families - Event 9

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

3.2.10 Line 10 Clayton County Food Giveaway - 1000 families - Event 10

Allow Alternate Lines No Requested Date 08/03/2027 Location 2424 Piedmont Road

NE

Atlanta, GA

30324 Fulton

4 Contract Terms

Contract Terms and Conditions PRC: EXHIBIT D- Additional Insurance and Bonding Requirements

B600201- CLAYTON COUNTY FOOD GIVEAWAY

FORM OF SERVICES CONTRACT

This Clayton County Food Giveaway Services Contract ("Contract") is entered into and effective on and as of _________________, ("Effective Date") by and between the Metropolitan Atlanta Rapid Transit Authority ("MARTA") and the ________________, a ___________________________ (" Contractor"). MARTA and Contractor are collectively referred to herein as the "Parties" and each, individually, as a "Party."

Contract Name: Clayton County Food Giveaway

Contract No: B600201

Contractor: ______________________

MARTA Department: ________________

Address:

Address:

MARTA

2424 Piedmont Road, NE

Atlanta, Georgia 30324-3330

Phone: _____________________________ Phone:_____________________________

Email:_____________________________ Email:_____________________________

Contractor's Authorized Representative:

MARTA's Authorized Representative:

___________________ (or his or her designee(s))

1. SERVICES.

(a) Service. Subject to the terms and conditions set forth herein, Contractor shall perform the services described in the statement of work attached hereto as Exhibit A ("Statement of Work," "Scope of Work," "Scope of Services" or "Services"). The Contractor shall perform the Services when ordered from time to time by MARTA or as stipulated in the Statement of Work. Contractor will be responsible for the cost of, obtaining, maintaining and complying with, and paying all fees and taxes associated with, all applicable licenses, authorizations, consents, approvals and permits required of Contractor in performing Servicesand complying with this Contract. Contractor acknowledges and agrees that MARTA is exempt from all State taxes, use taxes and federal excise taxes, and no provisions for such taxes should be included in any price proposal/quote and MARTA will not pay any such tax if included therein or otherwise invoiced.

(b) Contractor Costs.Unless otherwise expressly provided in this Contract, all materials, equipment, software, facilities and labor required for the proper performance of the Services shall be furnished by and be under the sole direction and control of Contractor and at Contractor's sole expense. Contractor shall be responsible, at its sole cost, for procuring and using such resources in a professional and workmanlike manner at no additional cost to MARTA.

(c) Removal of Employees Assigned to MARTA Contract. Within a reasonable period, but not later that seven (7) days after Contractor's receipt of notice from MARTA that the continued assignment to this Contract of any Contractor Employees is not in the best interests of MARTA or may create a conflict of interest (in MARTA's sole determination), Contractor shall remove such Contractor Employee(s) from providing services under this Contract. Contractor will not be required to terminate the employment of such individual.

Contractor will assume all costs associated with the replacement of any Contractor Employees. In addition, Contractor agrees to remove from this Contract any Contractor Employees who have engaged in willful misconduct or have committed a material breach of this Contract immediately after Contractor becomes aware of such misconduct or breach and notify MARTA of the same. For purposes of this Contract, the term "Contractor Employee(s)" shall mean all of Contractor's employees, contractors, subcontractors, agents, including, without limitation, the employees, contractors, subcontractors, agents of Contractor's partners or joint venture partners and any other individuals or entities providing any of the Services set forth in the Contract under the color of Contractor's authority.

(d) Contractor Authorized Representative. Contractor designates the person(s) named herein above as its Contractor Authorized Representative ("Contractor Authorized Representative") who shall: (a) be an employee within Contractor's organization, with the information, authority and resources available to properly coordinate Contractor's responsibilities under this Contract; (b) serve as primary interface and the single-point of communication for the provision of Services by Contractor; (c) have day-to-day responsibility and authority to address issues relating to the Services; and (d) devote adequate time and efforts to managing and coordinating the Services.

(e) MARTA Authorized Representative. MARTA designates the person(s) named herein above as its MARTA Authorized Representative(s) ("MARTA Authorized Representative") who shall: (a) serve as primary interface and the primary point(s) of communication for the provision of Services; (b) have day-to-day responsibility to address issues relating to this Contract; and (c) to the extent provided under applicable law (and the policies and procedures of MARTA) as the same may change from time to time, have the authority to execute any additional documents or changes on behalf of MARTA.

2. TERM: The term of this Contract shall commence on the Effective Date and expire twelve (12) months after MARTA provides Contractor with a written Notice to Proceed, unless earlier terminated in accordance with the terms of this Contract. The term 'Notice to Proceed' for purposes of this Contract means a written instruction from MARTA to Contractor instructing the Contractor to commence work under this Contract.

3. OPTIONS TO EXTEND TERM. Reserved.

4. SPECIAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that in the event of a conflict between the terms and conditions contained in Exhibit B and the balance of the Contract, the terms and conditions set forth in Exhibit B shall control.

5. COMPENSATION. MARTA shall only pay Contractor for the Services actually requested by MARTA's Authorized Representative, which are timely performed by Contractor in accordance with the terms of this Contract by Contractor and actually received by MARTA.

MARTA shall pay Contractor at the rate(s) set forth in Exhibit C or elsewhere in this

Contract. Contractor acknowledges and agrees that the total compensation payable to Contractor shall not exceed $___________________. Except as set forth in Exhibit C or elsewhere in this Contract, the Contractor may bill for the Services actually requested and rendered on a monthly basis. Notwithstanding anything to the contrary contained herein, Contractor acknowledges and agrees not to submit an invoice to MARTA if the amount due is less than $500.00, unless it is the final invoice. Each invoice must contain the following information in order to be processed by MARTA: (a) Contract Number; (b) contain a description of the Services rendered.

MARTA will pay each properly formatted, rendered and undisputed invoice, via MARTA's Self-Invoicing Portal, within thirty (30) days after the later of MARTA's receipt of the invoice (as noted above) or MARTA's receipt and acceptance of the goods, equipment and/or services. For instructions on submitting invoices via MARTA's Self-Invoicing Portal, please access the following link:

http://www.itsmarta.com/uploadedFiles/More/Procurement/Procedures%20for%20Submitting%20a% 20Vendor%20Invoice_Rev%2001.09.2018.pdf

Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that in the event of a conflict between the terms and conditions contained in this Section 5 and Exhibit C, the terms and conditions set forth in Exhibit C shall control.

6. EQUAL EMPLOYMENT AND OPPORTUNITY SMALL BUSINESS ENTERPRISES.

(a) Reserved.

(b) Contractor agrees that it will not discriminate against any business owner because of the owner's race, color, religion, national origin, sex or physical handicap/disability in connection with the award or performance of this Contract. Contractor agrees to include the above statements in any subcontracts or subsequent agreements that it enters into and cause those businesses to similarly include the statements in subsequent agreements related to this Contract.

(c) Contractors are required to submit their Equal Employment Opportunity statistical data ( EEO-1-report).

(d) Reserved.

(e) Reserved.

7. DEFAULT; REMEDIES.

(a) Contractor shall be in default under the terms of this Contract if Contractor:

(i) fails to make any payment within five (5) days of the date such payment is due to MARTA whether or not MARTA has provided the Contractor with an invoice or written notice of the amount due or overdue;

(ii) ceases to provide any of the Services without the written consent of MARTA's Authorized Representative or becomes permanently deprived of the rights, http://www.itsmarta.com/uploadedFiles/More/Procurement/Procedures%20for%20Submitting%20a%20Vendor%20Invoice_Rev%2001.09.2018.pdf http://www.itsmarta.com/uploadedFiles/More/Procurement/Procedures%20for%20Submitting%20a%20Vendor%20Invoice_Rev%2001.09.2018.pdf powers, or privileges necessary for the proper conduct thereof;

(iii) becomes insolvent or seeks the benefit of any present or future insolvency statute, makes an assignment for the benefit of any creditor, files a voluntary petition in bankruptcy, or consents to the appointment of a receiver, trustee or liquidator of any of its assets;

(iv) files a petition under any part of the federal bankruptcy laws, or an action under any present or future insolvency law or statute, or is involved in an involuntary bankruptcy filing that is not dismissed within sixty (60) days after filing

(v) fails to keep, perform or observe any term, covenant or condition set forth in this Contract;

(vi) intentionally or willfully misrepresents any material fact to MARTA;

(vii) makes any material misrepresentation (or failed to make a full and accurate disclosure) to MARTA in the documents, questionnaires, forms or materials submitted by Contractor in response to the Request for Qualifications, Request for Proposals, Request for Quotes, Invitation to Bid, any other solicitation document or any document pursuant to which this Contract was awarded, or failed to comply with all requirements, including, without limitation, MARTA's ethical standards and conflicts of interest policies; or

(viii) fails to pay any and all taxes and assessments required to be paid under this Contract or in the operation of MARTA's business.

(b) If Contractor is in default, MARTA will notify Contractor in writing of the nature of the default and the time period within which to cure, if any. If Contractor, (a) where a specific time period for the cure is provided in the applicable subsection of this Contract, does not cure the default within that period, or (b) where a time period for the cure is not specifically provided in the applicable section, does not cure the default within twenty (20) days from receipt of notice from MARTA, MARTA may, without further notice to Contractor and Contractor's sureties, if any, elect to exercise any of the following remedies:

(i) terminate all or any portion of this Contract or any of Contractor's rights under this Contract at any time thereafter and recover from Contractor all costs, expenses, losses and damages recoverable under this Contract (including, without limitation, all reasonable costs associated with the re-procurement of the Services) or applicable law as a result thereof.

(ii) cure any default at Contractor's cost. If MARTA at any time, by reason of Contractor's default, pays any sum to cure any default, the sum paid by MARTA shall be immediately due from Contractor to MARTA, and shall bear interest at the rate of one and one-half percent (1.5%) per month from (or such maximum rate permissible by applicable law, if lower) the date paid by MARTA until the date MARTA is fully reimbursed by Contractor.

(iii) the right to offset against and deduct from the fees payable to Contractor (if any), any amounts due MARTA from Contractor, including, but not limited to, unauthorized or disputed expenses and liquidated damages as described herein (if any). If MARTA pays any sum or incurs any obligations or expense because of the failure, inability, neglect or refusal of Contractor to perform or fulfill any of the terms or conditions of the Contract that it is obligated to perform or fulfill, then MARTA shall have the right to deduct said expenses from Contractors fees coming due under this Contract.

(iv) exercise any and all other rights or remedies available under this Contract or at law or in equity.

8. TERMINATION FOR CONVENIENCE.MARTA shall have the right to terminate this Contract without cause at any time during the term of this Contract by giving written notice to Contractor at least thirty (30) days prior to the date such termination is to be effective.

9. EFFECT OF TERMINATION. Unless otherwise provided herein, termination of this Contract, in whole or in part and for any reason, shall not affect: (a) any liabilities or obligations of either Party arising before such termination or out of the events causing such termination; or (b) any remedies to which a Party may be entitled under this Contract, at law or in equity. Upon termination of this Contract, Contractor shall immediately: (i) discontinue Services on the date and to the extent specified in the notice; (ii) inventory, maintain and turn over to MARTA all Work Product (hereinafter defined), licenses, equipment, materials, plant, tools, and property furnished by Contractor or provided by MARTA for performance of the terminated Services; (iii) comply with all other reasonable requests from MARTA regarding the terminated Services; and (iv) continue to perform in accordance with all of the terms and conditions of this Contract any portion of the Services that are not terminated.

10. SUSPENSION OF SERVICES. MARTA may suspend at any time, by written notice to Contractor, the performance of all or any portion of the Services for any amount of time.

Upon receipt of a suspension notice, Contractor must, unless the notice requires otherwise, immediately (a) discontinue suspended Services on the date and to the extent specified in the notice, (b) place no further orders or subcontracts for materials, services or facilities with respect to suspended Services, (c) cease advertising to the public as a provider of the suspended Service(s) and (d) take any other reasonable steps to minimize costs associated with the suspension.

11. MARTA'S RIGHT TO REVIEW AND REJECT. Any Service, Work Product or other document or item to be submitted or prepared by Contractor hereunder shall be subject to the review of MARTA Authorized Representative. The MARTA Authorized Representative may disapprove, if in MARTA Authorized Representative's sole opinion, the Work Product, Service, document, or item is not in accordance with the requirements of this Contract or sound professional service principles, or is impractical, uneconomical, or unsuited in any way for the purposes for which the Work Product, Service, document, or item is intended or is deemed unsuitable for MARTA purposes by MARTA Authorized Representative.