IFB Commodity (Beef) 2025_2026 _pulled 11_22_.pdf

Fayette County School Nutrition Program

INVITATION FOR BID (IFB)

IFB #: 2025-4-2

Invitation For Bid Timeline

Bid Issue/Posting Date April 2, 2025

Final Date for Written Questions April 7, 2025

Bid Due Date and Time May 5, 2025 at 10:00 am (Per School Nutrition Clock)

Bid Due: Deliver or Mail to Address

Fayette County Board of Education

School Nutrition Program

205 LaFayette Avenue, Suite 604

Fayetteville, GA 30214

Bid Opening Date and Time May 5, 2025 at 11:00 am (Per School Nutrition Clock)

Bid Opening Location Fayette County Board of Education Building A

Award Date May 6, 2025

Contract Start Date and End Date July 1, 2025 through June 30, 2026

Awarded to Vendor Name:

BID FOR BID TYPE LABEL SEALED ENVELOPE AS FOLLOWS:

☐ Food “IFB FOOD”

☐ Equipment “IFB EQUIPMENT- SCHOOL NUTRITION”

☐ Paper, Chemical “IFB PAPER AND CHEMICAL PRODUCTS”

☐ Bread “IFB BREAD”

☐ Milk “IFB MILK AND DAIRY PRODUCTS”

☐ Kitchen Supplies “IFB KITCHEN SUPPLIES”

☐ Cafeteria Furnishings “IFB CAFETERIA FURNISHINGS”

☐ Ice Cream “IFB ICE CREAM”

☐ Other (identify) “IFB (name other bid type identified here)”

X COMMODITY FOODS “IFB COMMODITY FOOD” BEEF

DEFINITIONS

Addendum: A change, addition, alteration, correction or revision to a bid or contract document.

Bidder: A firm, individual, or corporation submitting a bid in response to this IFB.

CFR: Code of Federal Regulations

CN: Child Nutrition

Contract Documents: Consist of the Agreement between the School Nutrition Program and the Vendor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

EPA: Environmental Protection Agency

FNS: Food and Nutrition Services

F.O.B.: Freight on Board

HACCP: Hazard Analysis Critical Control Point

Invitation for Bid (IFB): A type of solicitation document used in competitive sealed bidding, where the primary consideration is cost, and the expectation is that competitive bids will be received, and an acceptance (award) will be made to the responsive and responsible Bidder whose bid is lowest in price and meets the specifications of the bid. An IFB is a formal method of procurement that uses sealed bidding and results in a fixed price contract with or without adjustment factors. The IFB must be publicly advertised, and bids shall be solicited from an adequate number of known suppliers, providing them with sufficient time to respond prior to the date set for opening the bids.

NSLP: National School Lunch Program

O.C.G.A.: Official Code of Georgia Annotated

OMB: Office of Management and Budget

SBP: School Breakfast Program

SFA: School Food Authority

SNP: School Nutrition Program

Solicitation: A document used by the School Nutrition Program to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all the requirements which the Offerors or Bidders must fulfill and all other factors to be used in evaluating the bids or proposals.

USDA: United States Department of Agriculture

U.S.C.: United States Code

Vendor: The provider of the goods and/or services under the Awarded Contract.

SECTION 1

PURPOSE AND PROCEDURES

The Fayette County School Food Authority, hereafter referred to as SFA, is issuing this Invitation for Bid (IFB) for the School

Nutrition Program (SNP) and is requesting sealed bids for COMMODITY FOODS - BEEF.

INTENT

a) It shall be the intent and purpose of this Invitation for Bid (IFB) to cover the terms and conditions under which a successful

Bidder shall be responsible to supply and deliver products to the SFA, through sealed bids.

b) School food authorities shall comply with the requirements of 7CFR 210.21 and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective vendor performance and eliminate unfair competitive advantage, suppliers that develop or draft specifications, requirements, statement of work, or Invitation for Bids, must be excluded from competing for such procurements. (2 CFR 200.319)

c) Any changes to the terms or conditions of this Contract, which are required by Federal or State law or rule, or changes to

Federal or State laws, rules, or citations are automatically incorporated herein, effective as of the date specified in such law, rule and/or USDA Memo.

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

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

e) The SFA reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the SFA without restricting competition

I. CONTRACT TIME PERIOD

a) Initial Term: The initial term of this contract, which results from the award of this IFB, shall commence and terminate on the dates shown on the Invitation for Bid Timeline for School Year (SY) 2025-2026.

The start date may not occur prior to the date on which the contract is signed, dated and awarded.

b) Extension Option: The contract may be extended up to six (6) months at the same bid pricing, provided mutual agreement by both parties in written form.

c) Renewal Option: This contract may be renewed by mutual agreement of both parties in written form.

(Usually 1-year term with the option to renew 4 additional 1-year terms based on vendor performance.)

PRE-BID MEETING (If applicable)

If a pre-bid meeting will be scheduled under this solicitation, the date, time, and location is outlined in IFB Timeline. The

Bidder should raise any questions it may have about the solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the meeting. Material issues raised at the meeting that result in changes to the solicitation shall be answered solely through a solicitation addendum.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1df897ac0ee53456d33c34fae017b4c8&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d0379c91b8e8c6172c6b2c6215434f62&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21

II. BID SUBMISSION PROCEDURES

The SFA is not liable for any costs incurred by Bidders prior to the issuance of or entering into a contract. Costs associated with developing the bid, preparing for oral presentations (if applicable), and any other expenses incurred by the Bidder in responding to this IFB are entirely the responsibility of the Bidder and shall not be reimbursed in any manner by the School

Nutrition Program. If the Bidder is in doubt or has questions regarding the language, its meaning, or intent, it is the responsibility of the Bidder to seek clarification prior to submission of the bid.

BIDDER CONTACT INFORMATION

Bidder Company Name

Street Address

City, State, Zip

Contact Person Name

& Email address

Telephone Number

QUESTIONS CONCERNING BID:

Questions regarding this Invitation for Bid shall be directed to:

Jerome Perrien, Lead Manager

E-mail address: Schoolmeals@fcboe.org

Responses to inquiries that affect the content of this IFB will be provided in writing to all recipients of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. The SFA will accept only written inquiries regarding this IFB until the date shown on the Invitation for Bid Timeline, in order for a reply to reach all Bidders before the bid closes and to give Bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an IFB, either during the pre-bid meeting or through written inquiries, will be furnished to all prospective Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

BID PROCESS:

Bids must be enclosed in a sealed envelope. Emailed bids are not acceptable and will not be considered for sealed bids and when allowed will remain sealed/unopened until opening time and date. This option may be subject to change during unprecedented circumstances. Sealed bids must be received by the SFA no later than the date and time shown on the invitation for Bid Timeline. Bids will be time and date stamped to confirm receipt of the bid and documented.

● The outside of the envelope shall be clearly marked as shown on the timeline of this document and titled “IFB #

2025-4-2 for COMMODITY FOODS - BEEF for FAYETTE COUNTY SCHOOL NUTRITION”. The return address on the envelope should include the vendor’s complete mailing address.

● Sealed Bids shall be mailed or delivered to:

Kokeeta S. Wilder

School Nutrition Program

205 LaFayette Avenue, Suite 604

Fayetteville, GA 30214

● An Excel electronic copy or paper copy of the bid Quote Sheet, along with any alternate or required information must be included inside the sealed bid package.

● Late bids shall not be accepted. The SFA shall not be responsible for late receipt of bids. Late bids will be returned unopened to the address provided.

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

III. BID OPENING DATE/TIME/PLACE

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

IV. AWARD DETERMINATION STATEMENT

a) This IFB is intended to be awarded to a single or to multiple vendors and result in a firm fixed price contract. All bid prices shall remain firm for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable, located under Section 3: Method of Payment and Pricing Information.

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

c) The SFA will award the contract to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the IFB, within approximately sixty (60) days of the opening of the bids. Submitted bid pricing shall remain valid during this sixty-day period. The SFA reserves the right, in its sole discretion, to accept or reject any and all bids or parts thereof.

d) An official letter/email of acceptance will be forwarded by the SFA to the successful Bidder after bid selection and prior to contract award.

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

(c) all written communications between the SFA and the Bidder.

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

V. ADDITIONAL BID INSTRUCTIONS

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

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

c) Bid examination:

i) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

ii) Bids will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the bid documents including the specifications and all requirements thereof of the IFB.

It is understood that submission of a bid indicates full acceptance of the same by the parties submitting the bid. Furthermore, by submitting a bid the Bidder waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Bidder through examination of all documents or raising a question regarding requirements prior to submitting a bid.

d) Rejection or Disqualification of bids

i) A bid that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initialed and dated, may be rejected as non-conforming.

ii) The SFA reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the School Nutrition Program’s issuance of a written notice of such irregularities.

iii) The SFA reserves the right to disqualify bids upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

iv) Issuance of this IFB in no way constitutes a commitment by the SFA to award a contract. The SFA reserves the right to accept or reject, in whole or part, all bids submitted and/or to cancel this solicitation if it is determined to be in the best interest of the SFA.

v) Any Bidder who has demonstrated and documented poor performance during a current or previous agreement, within the last 1 year, with the School Nutrition Program may be considered a non-responsible Bidder and their bid may be rejected. The SFA reserves the right to exercise this option as is deemed proper and/or necessary.

e) Evidence of Financial Capabilities: After the bid opening, Bidders may be required to present suitable evidence of their financial standing within three (3) business days after written request by the SFA. This evidence would include an income statement, balance sheet and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the financial statements.

SECTION 2

STANDARD TERMS AND CONDITIONS

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

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

A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. 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.

See and complete Attachment D.

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

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

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2

CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180.

These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity.

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. See Attachment E

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

Vendor 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:

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

(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 grown 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 30 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.

DOMESTIC PREFERENCE FOR GOODS AND MATERIALS (Applicable to non-food only)

As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a

Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the

United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

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

Contract, which determination is at the SFA’s sole discretion and shall be conclusive. Further, the SFA may terminate the

Contract for any one or more of the following reasons effective immediately without advance notice:

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

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

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

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

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the SFA to declare the Vendor in default of its obligation under the

Contract:

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

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

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

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

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

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

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

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

Vendor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the SFA may:

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

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

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

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

(e) Termination Due to Change in Law. The 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 SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the SFA; and/or

(ii) The 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 SFA, the SFA shall pay only those amounts, if any, due and owing to the Vendor for goods and services actually rendered up to and including the date of termination of the Contract and for which the SFA is obligated to pay pursuant to the Contract or

Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s claim. This provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

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

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the

Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the

SFA may require;

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

(iii) Comply with the SFA’s instructions for the timely transfer of any active files and work product by the Vendor under the

Contract;

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

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

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the 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 and labor surplus area firms 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 area firms on solicitation lists;

• Assuring that small and minority businesses, women's business enterprises and labor surplus area 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 area firms;

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

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992.

(Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay

Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with

Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-

1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246

Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”)

VII. ENERGY POLICY AND CONSERVATION ACT STATEMENT

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

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

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.

1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Agency (EPA) List of Violating Facilities. Vendor will immediately notify the

School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

IX. RECORD RETENTION AND ACCESS CLAUSE

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

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 SFA ,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

SFA’s Board of Education reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement.

Evidence of criminal conduct will be turned over to the proper authorities.

X. BID PROTEST PROCEDURES

a.) Any protest shall be in writing and shall be delivered to the SFA designated Protest official (list name of person here and contact information). A protest of a solicitation shall be received by the named individual before the offer due date. The protest shall be filed within ten (10) days from the award notice and shall include:

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

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

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

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

5. The form of relief requested.

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

c) The SFA may disclose information regarding protests to the State Agency.

XI. 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 H

XII. CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses School

Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the SFA shall participate in selection or in award or administration of a contract supported by the School

Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

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

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a vendor for individual use is prohibited;

and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Board of

Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited. Failure of any employee, officer, or agent to abide by the above states code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department.

The SFA will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the

Board of Education.

XIII. DUTY TO EXAMINE

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

XIV. EXCEPTIONS TO TERMS AND CONDITIONS

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

XV. VELOCITY REPORT (where applicable)

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

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

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

XVII. FFS (Fee for Service) and NOI (Net Off Invoice)

Vendor must be able to provide pricing and delivery options for Fee for Service and NOI. The delivery method will be determined by FSA. .

SECTION 3

SPECIAL TERMS AND CONDITIONS

I. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment)

The SFA expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the bid, the SFA may require documentation verifying that a written HACCP plan is followed.

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

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

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

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

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

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

II. PROPRIETARY INFORMATION

If a Bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the Bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing Bidder asks to have access to the information. In such case, the school district will notify the affected Bidder that a challenge has been made. If the affected Bidder can produce a court issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released, and the school district shall not be held liable.

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

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

b) Nutrition data must be provided on all fresh, frozen, and canned meats, grains, combination foods, fruits, and vegetables. Provide information on a flash drive separate from the bid and marked “NUTRITIONAL INFORMATION.”

Or website access must be provided, complete with login information and web address for access with bid documents.

c) In the event of loss of state or federal funds due to Bidder(s) failure to meet CN Label/Product Analysis requirements, the Bidder(s) shall reimburse losses to SFA.

IV. PRICING INFORMATION AND METHOD OF PAYMENT

a) Prices: All prices offered shall be firm against any increase for 1 year from the date of the contract award. Subsequently, the SFA may entertain a request for escalation/de-escalation on an annual basis. These price adjustments must be based on changes in market conditions and verified in accordance with the most recent publication from a valid third party.

(See examples below:

● USDA Agricultural Marketing Service (AMS) Report,

● Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, as published by the

U.S. Department of Labor, Bureau of Labor Statistics,

● Class I raw milk prices based on monthly USDA Federal Milk Order announcements for the applicable geographical zone (may wish to include additional stipulations for milk within this clause),

● And/or other valid third party.)

Requests for price increases and/or decreases must be submitted to the SFA prior to the renewal period in which the contract is extended for option years. No price increases will be accepted after the contract has been signed by the SFA and VENDOR.

The aforementioned third-party publication/documentation must accompany requested price increases.

The SFA reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or denial. If price increases escalate above 5% per the awarded price of each product, the SFA reserves the right to provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired, based on specifications. This clause also obligates vendors to provide price decreases from de-escalation on the same terms.

If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented economic instability, that are beyond the control of either the SFA or the vendor, a fixed fee price adjustment can also be increased up to 5% on an annual basis during the renewal period. This fixed fee price increase must be verified by the current applicable CPI, such as the monthly CPI motor fuel index for times when fuel prices unexpectedly increase rapidly.

The publication/documentation must accompany associated requested price increases.

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

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

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

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

f) Invoicing

i) Invoices, at minimum, shall consist of the following information:

1. Delivery location and date of delivery

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

5. Signature of acceptance

ii) Monthly statements will be broken down by school invoice and mailed or emailed to the:

SFA School Nutrition Director or designee

V. METHOD OF SHIPMENT/ORDERS & DELIVERY INFORMATION

a) Orders and deliveries: Orders and deliveries shall be supplied by the vendor as requested and specified except during an emergency and on holidays. No partial deliveries will be accepted. Inspection: Upon delivery of product(s), the item(s) will be inspected by the facility, and if found to be defective or failing in any way to meet specifications as indicated, the item(s) may be rejected or returned. Problems found with products due to concealed damage will be addressed on a case-by-case basis. Rejected product(s) must be picked up immediately.

b) Credit: Credit or replacement will be issued for damaged or unacceptable items. All such transactions are to be worked out with each designee. Replacement of damaged or unacceptable items will be made upon a mutually agreed time and date.

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

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

e) The SFA may have an occasional opportunity to purchase a limited amount of local fresh produce and reserves the right to do so for special occasions (such as Farm to School, Harvest of the Month, and other applicable School Nutrition educational opportunities).

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

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

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

The Three Strikes Rule: (if applicable and warranted)

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

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

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

VI. EVALUATION FACTORS

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