IFB Fresh Bread

Dougherty County Board of Education

School Nutrition Program

INVITATION FOR BID

Solicitation ID: 003-SNS-2024

Fresh Bread for School Nutrition Program

Issued on: May 19, 2023

Bid Due Date: June 13, 2023

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 and disability.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400

Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and TDD).

USDA is an equal opportunity provider and employer.

TABLE OF CONTENTS

DEFINITIONS

SECTION 1 – INVITATION TO BID........................................................................................4-6

SECTION 2 - STANDARD TERMS AND CONDITIONS.....................................................7-12

SECTION 3 - SPECIAL TERMS AND CONDITIONS.........................................................12-18

SECTION 4 – CONTRACT TERMS AND SIGNATURES...................................................19-20

ATTACHMENT A - BID SPECIFICATIONS

ATTACHMENT B – VENDOR BID FORM…….........................................22-23

ATTACHMENT C - LOBBYING CERTIFICATE AND DISCLOSURE

ATTACHMENT D – SITE LOCATIONS

ATTACHMENT E – DJEA POLICY / STATEMENT OF ASSURANCE...26-28

ATTACHMENT F – SUSPENSION & DEBARMENT CERTIFICATION.29-30

ATTACHMENT G – REFERENCE FORM……………………………………31

DEFINITIONS

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

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

Bid Unit - The unit designation which shall be applicable to all pricing offered for bid evaluation purposes. Unit cost, freight, fixed fee, estimated usage and the extended cost shall be stated in terms of the designated bid unit. In some instances, the bid unit and the package unit may be the same.

Contractor - The provider of the goods and/ or services under the Contract.

Contract Documents - Consist of the Agreement between the Board/SNP and the Contractor, 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.

Damaged Item- Refers to an item that has sustained damage that would allow spillage from the original container, a loss or disfigurement of a label that would hinder identification, contaminated package that would affect the content of that package or any other happening that would affect the quality and/or quantity of the original item.

Dry Food Product- A dry product that does NOT require freezing or refrigeration.

Invitation for Bid (IFB) - A type of solicitation document used in competitive sealed bidding, where the primary consideration is cost and the expectation is that competitive bids will be received and an acceptance (award) will be made to the responsive and responsible Bidder whose bid is lowest in price.

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.

Pack size - With some items the bid unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Bidder will be required to bid according to the designated bid unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit - The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold. This shall also mean packaging being referred to when the term "case price" is applicable.

Solicitation - A document used by the Board/SNP 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.

NSLP - National School Lunch Program

SBP - School Breakfast Program

SECTION 1

Bid Invitation

The Dougherty County Board of Education School Nutrition Program (Board/SNP) is requesting sealed bids for Fresh Bread. Bids are due by and will be opened at 11:00am on

June 13, 2023 at 601 Flint Avenue, Albany, Georgia 31701. The bid opening will also be streamed on the Zoom platform. To attend the bid opening virtually, please follow the URL below to join the meeting or copy and paste it into your browser.

https://zoom.us/j/8995235446

Meeting ID: 8995235446

Meeting Password: 652309

Bids shall be mailed or hand-delivered to the Dougherty County School System Logistical Services department - 601 Flint Avenue, Albany, Georgia 31701. Bids must be enclosed in a sealed envelope and marked “003-SNS-2024 IFB for Fresh Bread”.

Questions regarding this Invitation for Bid shall be directed to Ms. Sharonda Thompson, Director of

Logistical Services via email – Purchasing@docoschools.org. You must include the subject “Q&A for

003-SNS-2024”.

Bidders may download solicitations by going to the following web site:

https://www.docoschools.org/Page/102

I. INTENT

a) It shall be the intent and purpose of this Invitation for Bid (IFB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver fresh product and services to the Dougherty County Board of Education through sealed bids.

b) The Board/SNP is seeking to identify and select one (1) or more vendors to provide the items outlined in the bid specifications (Attachment A). The selected vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and

Conditions, the IFB and any applicable Addenda.

c) The Board/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the Board/SNP.

II. CONTRACT TIME PERIOD

a) Initial Term - The initial term of this contract, which results from the award of this IFB, shall commence on July 1, 2023 and terminate on June 30, 2024.

b) Renewal Option - This contract may be renewed for up to (2) two one-year terms with the same terms and conditions by mutual agreement of both parties in written form.

https://zoom.us/j/8995235446 mailto:Purchasing@docoschools.org https://www.docoschools.org/Page/102

III. BID SUBMISSION PROCEDURES

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

a) Bids must be enclosed in a sealed envelope. The outside of the envelope shall be clearly marked, “003-SNS-2024 Fresh Bread for School Nutrition Program”.

b) Bids must be received by the Board/SNP no later than June 13, 2023 @ 11:00am.

c) Late bids shall not be accepted. The Board/SNP shall not be responsible for late receipt of bids.

Bids must be mailed or delivered to the Board/SNP. Emailed and faxed bids are not acceptable and will not be considered. It is the bidder’s responsibility to ensure their proposal is delivered on time and to keep up with tracking information. Do not make any school district personnel the contact person for receiving tracking alerts on your mailing. Bids must be mailed or delivered to:

DCSS Logistical Services

601 Flint Avenue

Albany, Georgia 31701

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

Board/SNP.

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

IV. IMPORTANT DATES

Bid Issue Date May 19, 2023

Q&A Deadline May 31, 2023 @ 2:00pm

Deadline for submitting bids June 13, 2023 @ 11:00am

V. AWARD DETERMINATION STATEMENT

a) This IFB will be awarded to a single or to multiple vendors and to result in a firm fixed price contract. All bid prices shall remain firm for the entire contract period.

b) The award of this IFB is contingent upon available budget funds and approval of the Dougherty

County Board of Education.

c) The Board/SNP will award the contract(s) to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the IFB, within approximately sixty (60) days of the opening of the bids. Submitted bid pricing shall remain valid during this sixty-day period.

The Board/SNP reserves the right, in its sole discretion, to accept or reject any and all bids or parts thereof.

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

e) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the Board/SNP shall be formed from: (a) the IFB and addenda, (b) the selected bid response to the IFB by the

Bidder and any attachments thereto, and (c) all written communications between the Board/SNP and the Bidder concerning the transactions. The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

VI. SYSTEM CONTACT INFORMATION

a) This Invitation for Bid (IFB) is issued by Dougherty County Board of Education, School

Nutrition Program. All inquiries, clarifications, or interpretations regarding this IFB should be directed in writing to:

Ms. Sharonda Thompson, Director

DCSS Logistical Services

b) Responses to inquiries that affect the content of this IFB will be provided in writing to all recipients of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. Any information given to a prospective Bidder concerning an IFB will be furnished to all prospective

Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

VII. VENDOR CONTACT INFORMATION

Vendor Company Name

Street Address

City, State, Zip

Contact Person

Telephone

Email address

SECTION 2

Standard Term and Conditions

This contract between the Dougherty County Board of Education and the Vendor shall be governed in accordance with the laws of the State of Georgia and all applicable Federal regulations.

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

Per CFR 7.3018 - A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please 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 contractors 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 Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.

By signing this agreement, the bidder is testifying that they are not debarred, suspended or have any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other

Federal or State Agency. All responses will be verified.

Contractor certifies that the Contractor and/or any of its subcontractors 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 Federal Acquisition Regulation (FAR) 48

C.F.R. Ch.1 Subpart 9.4. Contractor will immediately notify the School Food Authority if

Contractor is debarred or placed on the Consolidated List of Debarred, Suspended, and

Ineligible Contractors by a federal entity.

III. BUY AMERICAN STATEMENT

Contractor must comply with the William F. Goodling Child Nutrition Reauthorization Act of

1998 (Buy American Act -7 CFR 210.21) 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 maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. Buy American - (1) Definition of domestic commodity or product. In this paragraph, the term ‘domestic commodity or product’ means—(i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States.

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

a) Termination -The Dougherty County Board of Education reserves the right, at any time and for its convenience, to terminate the contract in whole or in any separable part by written notice to vendor. Such notice shall be provided at least thirty (30) days prior to the intended termination date. Vendor shall be compensated for Goods accepted and for Services performed in accordance with the provisions of the contract up to the effective date of termination, less any payments previously made by the Board/SNP for such Goods or Services, but in no event shall vendor be entitled to recover loss of profits.

b) In the event that either the vendor or the Board/SNP defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice or if the other party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party.

V. HUB STATEMENT (7CFR3016.36(e))

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

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.

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 $100k)

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. Contractor certifies that none of the facilities it uses to produce goods provided under the Contract are on the

Environmental Protection Authority (EPA) List of Violating Facilities. Contractor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Contractor’s facilities are under consideration to be listed on the EPA List of

Violating Facilities.

IX. CIVIL RIGHTS STATEMENT

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 and disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-

9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

X. RECORD RETENTION AND ACCESS CLAUSE

The Contractor 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 Dougherty County Board of Education, School Nutrition

Program throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The Contractor 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 Contractor 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 Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Dougherty

County Board of Education reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

XI. BID PROTEST PROCEDURES

Filing Formal Protests

i. Protests that concern a recommended award must be filed no later than ten (10) calendar days following the issuance of the notice of the recommendation.

ii. Protests based on, pertaining to, or arising out of events or facts arising during the solicitation process, including but not limited to specifications, must be filed no later than two (2) business days prior to the public bid closing or proposal due date.

iii. Vendors who do not submit a timely proposal may not protest the contract award.

iv. A protest is deemed filed when it is in writing, is signed by a company officer authorized to sign contracts on behalf of the bidder/proposer, and on the date that it is received by the Dougherty County School System Purchasing Department. Protests sent by mail, fax or email will be accepted.

Mail: Dougherty County School System

Sharonda Thompson, Director of Logistical Services

601 Flint Avenue

Albany, GA 31701

Fax: 229-431-1814

Email: sharonda.thompson@docoschools.org mailto:sharonda.thompson@docoschools.org

v. If a bidder/proposer fails to file a protest by the time required, the DCSS may, at its discretion, deem the failure to file as a waiver with prejudice of any grounds the bidder/proposer may have for a protest.

vi. The DCSS may, at its discretion, deem issues not raised in the initial protest as waived with prejudice by the Protestor.

Form of Protest

At a minimum, the protest must include the following:

i. The name and address of the Protestor (signed by a company officer authorized to contract on behalf of the vendor).

ii. Appropriate identification of the solicitation, to include Bid/RFP number, and, if a contract has been awarded, its number.

iii. A statement of reasons for the protest.

iv. Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated.

v. The relief sought.

Stay of Procurement during Formal Protests for Solicitations $15,000 or more

i. When a protest pertaining to events or facts arising during the solicitation process, such as protests concerning specifications and evaluation criteria, has been timely filed, no award of a contract shall be made until a final decision has been issued, unless the

Superintendent makes a written determination that the award of the contract without delay is recommended in the best interests of the school district.

ii. When a protest has been filed within five (5) business days following the issuance of a recommended award, the Superintendent shall determine if performance of the contract without delay is recommended to protect the interests of the school district. If it is determined that it is recommended to proceed with the issuance of the contract and contract performance without delay, the bidder/proposer may proceed with performance and receive payment for work performed in strict accordance with the terms of the contract. The provisions of the paragraph are not applicable to a protest pertaining to events or facts arising during the solicitation process.

Decision by DCSS Superintendent

The DCSS Superintendent shall make a decision on the protest as expeditiously as possible, after receiving all relevant requested information. If the protest is sustained, the available remedies include:

i. If a protest is sustained prior to the bid closing or proposal due date, the remedy is modification of the solicitation document, including but not limited to specifications, terms and conditions and evaluation criteria; and extension of the opening date if appropriate.

ii. If a protest is sustained after the relevant bid has been awarded, the remedies include, but are not limited to, suspension or cancellation of the award, re-evaluation and re-award, or re-solicitation with appropriate changes to the new solicitation document.

Costs

In no event shall a Protestor be entitled to recover any costs incurred in connection with the filing of a Protest, including bid/proposal preparation costs or attorneys’ fees.

Request for Formal Review and Time for Filing

If a Protestor disagrees with the decision of the Superintendent, the Protestor must request a formal review of the decision by the School Board within three (3) business days of the date of the Superintendent’s decision. Such a request must be mailed to Superintendent’s Office at 200

Pine Avenue, Albany, GA 31702 and will be deemed filed upon receipt by the Superintendent’s

Office. The request for formal review shall meet all the requirements for a Protest and shall also contain a detailed statement of the factual, legal and other grounds upon which reversal or modification is deemed warranted, specifying any errors in the Superintendent’s decision. The

School Board may, in its sole discretion, allow the Protestor to make an oral presentation, and may solicit, at its discretion, whatever other information it deems appropriate. However, issues not raised in the initial protest may at the discretion of the School Board be deemed waived with prejudice by the Protestor. Protestor will receive notice of the Board’s decision in a reasonable time.

Final Decision

The decision of the Dougherty County School System is final.

XII. 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."

XIII. CODE OF CONDUCT

Per regulation 7CFR3016.36 (3), please review the following Dougherty County School Policy

GAGC relating to employee code of conduct:

It is the policy of the Dougherty County Board of Education and the Dougherty County School

System to encourage its employees, community members and others to disclose activities that are illegal, or improper, or otherwise detrimental to the school system and/or its students, staff and personnel, and to address written complaints that allege acts or attempted acts of interference, reprisal, retaliation, threats, coercion or intimidation against employees or other persons who disclose such activities, and to protect those who come forward to report such activities.

If an employee or other person suspects another of engaging in illegal acts or in conduct involving the misuse, misapplication, or appropriation to non-school purposes, or other improper conduct which would reflect adversely on the school system or its personnel, he or she may report such conduct, anonymously if desired, and the reporting individual will be protected against any form of harassment, intimidation, discrimination, or retaliation for making such a report in good faith.

Reports shall be made in writing to the Superintendent, who shall promptly conduct an investigation into the matters reported, keeping the informant’s identity, if known, confidential to the extent permitted by law, and to the extent consistent with the obligation to conduct a full and fair investigation. Within a reasonable time, but not more than thirty days after receipt of the report, the Superintendent shall complete the investigation and shall make a written report of his or her findings, with recommendations, if appropriate, as to what action, if any, needs to be taken, and by whom. Such report shall be delivered to the Dougherty County

Board of Education, with a copy to the Superintendent.

An individual who has made such a report, and who subsequently believes that he or she has been or is being subjected to acts, attempted acts, or threats of interference, reprisal, retaliation, coercion, or intimidation of any kind is directed to report immediately such conduct to the

Superintendent, who shall investigate the complaints in a manner intended to protect confidentiality of all persons, to the extent practicable consistent with a full and fair investigation.

The Superintendent shall complete the investigation as quickly as possible, but in any event not more than thirty days, and shall file a written report of his or her findings, with recommendations, if appropriate, as to what action if any needs to be taken. Such report shall be delivered to the

Dougherty County Board of Education, with a copy to the Superintendent.

The school district and the Board strongly disapprove of and will not tolerate any form of intimidation or retaliation or other conduct designed to suppress or discourage reports of wrong doing. Any employee who engages in such conduct will be subject to discipline, including termination, subject to the policies of the system respecting disciplinary procedures.

XIV. DUTY TO EXAMINE

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time not shall it give rise to any contract claim.

XV. 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.

SECTION 3

SPECIAL TERMS AND CONDITIONS

I. FOOD RELATED TERMS AND CONDITIONS

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

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

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

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

Brand identification: This is a qualified product specification. Bidders must bid on the specific name brand items requested. Deviations from this requirement will not be considered. When

“Distributors Choice” is used in the approved brand column the distributor may offer a price on any brand. The brand on which the price is offered must be stated in the bid documents and cannot be changed during the effective period without the permission of the school district. When

“Private Label” is used in the approved brand column the appropriate quality level of the private label included in the Corporate/Cooperative labeling chart in this document shall be bid. The vendor only needs to circle the word private label and the school district can be assured that the brand bid is the same as the chart.

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

Federal law.

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

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

The potential contractor shall always mark out the pack specified and insert the pack being bid.

The adjustment shall be made in the total quantity. A change in the bid unit or cost per unit is not acceptable. On items where the bid unit is specified in other terms, a space will be provided for potential contractor to enter the pack of the item being quoted. The potential contractor must complete this space when provided. If the pack size is followed by the word “only” the potential contractor must bid on the pack specified.

Drained weights: Drained weight of "wet pack" items shall conform to good industry practices and the minimum requirements of the Federal Food, Drug and Cosmetics Act. The individual products shall conform to drained weights as prescribed in the individual specifications of each product in 21CFR. Except for whole tomatoes drained weight is not a factor in USDA grades.

Substitutions: If a contractor is temporarily out of stock of a particular item, the contractor shall notify the district immediately. An equal or superior product at an equal or lower price may be delivered, with prior approval of the school district. If a contractor is unable to deliver a product or an approved substitute product, the school district shall, in good faith and in its sole discretion, purchase a product of equal or greater quality from another source. The contractor shall pay the difference in the amount paid for the substituted product and the amount of the contracted price.

II. METHOD OF PAYMENT and PRICING INFORMATION

a) Prices - Prices shall remain firm for the term of the contract, unless economic adjustments are agreed upon by both parties and based on the U.S. Department of Labor-Bureau of Labor statistics Southeast BLS region not seasonally adjusted consumer price index percentage.

Dougherty County School System will consider individual product price changes as part of an extension agreement. Product price changes may not exceed the change annual average for the previous 12 months.

b) The successful Bidder warrants that the bid price(s), terms and conditions stated in his/her 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 entire contract period.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet.

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

e) The Board/SNP 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 Board/SNP.

Advance billings are not allowed. Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under conditions as above.

I. METHOD OF SHIPMENT/DELIVERY

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.

b) All deliveries are to be F.O.B Destination to addresses as indicated on Attachment D.

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

d) Delivery schedules that fall on a holiday will be made the following business day.

e) Delivery of product must be made in a well-maintained refrigerated truck. 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.

II. EVALUATION FACTORS

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

Board/SNP’s discretion, a bid may be eliminated from consideration for failure to comply with any required specification, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in the Board/SNP’s opinion, the best overall solution to meet the Board/SNP's specifications.

b) The Board/SNP reserves the right to award a single contract for the total requirement of the IFB or award multiple contracts on a group or line item basis in any combination that best serves the interest of the Board/SNP.

III. ADDITIONAL BID INSTRUCTIONS

a) Bid modifications - Bids cannot be modified after receipt of bids. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The Board/SNP 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 Board/SNP 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) Addenda -If clarification of the specifications/instructions is required, the request shall be made in writing by the Q&A deadline. The school district will respond to material questions in the form of an addendum issued to all potential bidders. All efforts will be made to provide any required addenda on the DCSS web site located at www.docoschools.org, at least five days prior to bid opening. However, in some rare cases it may be necessary to issue an addendum as late as the bid opening date. It is a vendor’s responsibility to monitor the Dougherty County School

Purchasing Department web site for addenda to solicitations, to incorporate the necessary actions into their proposal, and to acknowledge in their submission the receipt of addenda. DCSS shall bear neither responsibility nor obligation for bidders’ failure to take into account a posted addendum. A proposal submitted without taking into account addenda that have been issued may be rejected as non-responsive. Should a question arise which requires clarification during this time period, the date and time of bid opening may be delayed to allow issuing an addendum.

d) 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.

e) 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, may be rejected as non-conforming.

ii. The Board/SNP reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the Board/SNP’s issuance of a written notice of such irregularities.

iii. The Board/SNP 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 Board/SNP to award a contract. The Board/SNP 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

Board/SNP.

v. Any Bidder who has demonstrated poor performance during a current or previous Agreement with the Board/SNP may be considered a non-responsible Bidder and their bid may be rejected. The Board/SNP reserves the right to exercise this option as is deemed proper and/or necessary.

vi. The Board/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the Board/SNP.

f) Offer Acceptance Period - Bid proposals are an irrevocable offer for 60 days after the bid opening time and date.

g) Bid Copies – Bidder should supply one original document, one copy (also in print), and one digital copy (on flash drive) of the complete document when submitting.

h) Deliveries - DCSS Nutrition Department has 24 sites that will be submitting weekly orders for 40 weeks. Direct-to-site deliveries are expected.

i) Fuel Surcharge - This contract does not allow for a Fuel Surcharge. All cost for product and delivery must be included in the item price quote.

IV. ORDERING INFORMATION

a) Credit - A credit or replacement will be issued for damaged or unacceptable product. All such transactions are to be worked out with each designee. Replacement of damaged or unacceptable product shall be made no later than the next delivery date.

b) Inspection - Upon delivery of product, the items will be inspected by the facility, and if found to be defective or failing in any way to meet specifications as indicated, the items may be rejected or returned. Problems found with products due to concealed damage will be addressed on a case by case basis. Rejected product must be picked up no later than the next delivery date.

c) Emergency orders - In an emergency situation in which the Board/SNP requires delivery in less than two (2) days and the Contractor cannot provide the supplies within the emergency delivery period, the Board/SNP has the option to purchase those supplies from another source with no penalty to either party.

d) Estimated Quantities - The quantity is identified as “estimated” and it shall be understood and agreed that quantities listed are estimates only and may be increased or decreased. Therefore, if the amount ordered is less than that shown, that fact shall not constitute the basis for a price adjustment nor will the Board/SNP be responsible for ordering/paying for the resulting difference.

V. AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the Board/SNP and the vendor shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed by both parties.

VI. ASSIGNMENT

The vendor shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements with the Board/SNP, or its rights, title, or interest herein, or its power to execute such agreement, to any other person, company, or corporation without the previous consent and written approval by the Board/SNP.

VII. INDEMNIFICATION

The vendor shall act as an independent Contractor and not as an employee of the Board/SNP.

Vendor agrees to indemnify and hold harmless the Board/SNP, its elected officials, employees and agents from and against any and all liability, damages, claims, suits, liens, and judgments

(including reasonable attorney’s fees), of whatever nature, for injuries to or death of any person or persons, or loss of or damage to property, to the extent attributable to the negligent acts of vendor, its subcontractors or its respective agents, servants, or employees or such parties’ failure to perform in accordance with the provisions of the contract resulting from this IFB.

VIII. TIME OF PERFORMANCE

a) Notwithstanding any delay in the preparation and execution of the formal contract agreement, the Contractor shall be prepared, upon written notice of bid award, to commence delivery of goods pursuant to the award on July 1, 2023.

b) The Contractor must comply with the time of performance.

IX. FORCE MAJEURE

Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by reason of Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the forgoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor or the school district.

X. GIFTS AND GRATUITIES

Acceptance of gifts from contractors and the offering of gifts by contractors are prohibited. No employee of the school district purchasing products under provisions of the contract issued as a result of this invitation shall accept, solicit, or receive, either directly or indirectly, from any person, firm or corporation any gift or gratuity.

XI. PRE-BID CONFERENCE

If a pre-bid conference has been scheduled under this solicitation, the date, time, and location of it appear in the section for important dates of this solicitation document. An offeror should raise any questions about the solicitation or procurement at that time. An offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the solicitation shall be answered solely through a solicitation addendum.

XII. SEVERABILITY

The provisions of this contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the contract.

XIII. WAIVER AND REJECTION RIGHTS

Notwithstanding any other provisions of the solicitation, the school district reserves the right to:

a) Waive any immaterial defect or informality;

b) Reject any and all offers or portions thereof; or

c) Cancel a solicitation.

XIV. RELEASE FROM CONTRACT

In the event the market for a product covered by this request escalates to a point that the vendor is delivering product at less than cost, the vendor may petition for release from the contract. The petition shall be supported by a third party market bulletin. The decision to release the vendor from the contract will be based on the difference between the market at the time of the bid opening and the current market for this item.

SECTION 4

CONTRACT TERMS AND SIGNATURES

This agreement, dated ______________________________, is made by and between the Dougherty

County Board of Education, School Nutrition Dept., (hereinafter called Board/SNP) and

______________________________________________________ hereinafter called Contractor.

Board/SNP and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. PRODUCTS

Contractor shall provide all products/services as specified or indicated in the Bid/Contract Documents.

ARTICLE 2. CONTRACT TIME

Deliveries shall be in accordance with this Agreement, and are to be completed as specified in the IFB.

ARTICLE 3. CONTRACT PRICE

Board/SNP shall pay Contractor for delivery of paper supplies in accordance with Contractor’s bid, which is attached hereto. SNP shall pay Contractor net 30 days from date of delivery unless other terms of payment are agreed upon.

ARTICLE 4. INVOICE PROCEDURES

Invoices for payment with appropriate supporting documents shall be sent to the following address:

Attn: School Nutrition Director

P O Box 3170

Albany, Georgia 31706

ARTICLE 5. CONTRACTOR’S REPRESENTATIONS

In order to induce Board/SNP to enter into this Agreement, Contractor makes the following representations:

5.1) Contractor has examined and carefully studied the Contract Documents and all other related data identified in the Bidding Documents.

5.2) Contractor is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the products.

ARTICLE 6. CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire agreement between Board/SNP and Contractor concerning the work, consist of the following:

● Bid Invitation

● Standard Terms and Conditions

● Special Terms and Conditions

● Contract Terms and Signatures

● Attachment A – Bid Specifications

● Attachment B – Vendor Bid Form

● Attachment C – Lobbying Certificate Disclosure

● Attachment D – Site/Contact List

● Attachment E – Statement of Assurance

There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented by written agreement between both parties.

IN WITNESS WHEREOF, Board/SNP and Contractor have signed this Agreement. One counterpart each has been delivered to Board/SNP and CONTRACTOR.

This Agreement will be effective _____________________, 2023

____________________________________ Signature of Board member or designee

____________________________________ Name of Board member or designee

____________________________________ Date

____________________________________ Vendor Company Name

____________________________________ Signature of Company Representative

____________________________________ Name of Company Representative

_____________________________________ Date

ATTACHMENT A

BID SPECIFICATIONS

(SEE 003-SNS-2024_Exhibit 1.xlsx)

ATTACHMENT B

VENDOR BID FORM

Notice to Bidders:

It is essential that the submitted Bid complies with all the requirements contained in this IFB. The undersigned Bidder agrees, if this bid is accepted, to enter into an agreement with the Board/SNP on the form included in the Contract Documents to perform and furnish all products as specified or indicated in the contract documents.

This Bid is submitted to: Dougherty County Board of Education

Logistical Services

This Bid is submitted on this date: _______________________________________

This Bid is valid for sixty (60) days from the date of the public opening of the bids.

Communications and questions regarding this bid must be submitted in writing and are to be directed to:

Sharonda Thompson, Director – Logistical Services

Sharonda.thompson@docoschools.org

Receipt of Addenda:

In submitting this Bid, Bidder represents that they have received and examined the following Addenda

(please check all that apply):

Addendum 1___ Addendum 2 ___ Addendum 3___ Addendum 4___

Checklist for Bidder:

The following documents are attached to and made part of the Bid (check all that applies):

___ Lobbying Certificate

___ Specifications

___ Vendor Bid Form

___ Contract Signature Page

___ DJEA Policy/ Statement of…