IFB Fresh Delivered Pizza _ WCSNP 1.pdf

White County School Board Of Education

School Nutrition Program

136 Warriors Path

Cleveland, GA 30528

Invitation for Bid for

Fresh Delivered Pizza Date: 05/13/2024

IFB 051324FDP, Fresh Delivered Pizza

To: All Vendors

TRANSMITTAL PAGE

The White County School Board of Education, School Nutrition Program (SNP), is soliciting bids for fresh delivered pizza for the bid period July 1, 2024 through June 30, 2025. Bids are due by May 30, 2024 at 10:00 a.m. B i d s shall be mailed or delivered to the White County School Board of Education, School Nutrition

Program, 136 Warriors Path, Cleveland, GA 30528. Facsimiles will not be accepted. B i d s must be enclosed in a sealed envelope and marked with the company name, date, and “IFB - Fresh Delivered Pizza”. Bids must be submitted on our original bid pricing sheet. Bids must be filled in completely to be considered.

Each manufacturer should include a list of all pizza products available for fresh delivery daily. Must be a nationally recognized brand of pizza. Each vendor is required to furnish all information requested in the

Invitation for Bid. The original and one copy of the bid must be submitted in a sealed envelope marked:

IFB - Fresh Delivered Pizza.

Questions regarding this Invitation for Bid shall be directed to Abby Rowland, Director of School

Nutrition, abby.rowland@white.k12.ga.us, Tel. 706-865-2315 ext. 1703.

All bids will be opened publicly in the office of the School Nutrition Director, on May 30, 2024, at

10:00 a.m., White County School Board of Education, School Nutrition Program, 136 Warriors Path, Cleveland, GA 30528. Bids will be awarded within 7 working days.

If any potential bidder is in doubt as to the true meaning of this invitation for bid, he or she may submit to Abby

Rowland, Director of White County SNP, 136 Warriors Path, Cleveland, GA 30528, a request for an interpretation thereof mailed or delivered to each person receiving an invitation for bid. The White County

School Nutrition Program will not be responsible for any other explanation of date set for receipt of bids.

Vendors shall not submit a bid for the contract if a conflict of interest, real or apparent, would be involved.

Conflicts of interest arise when any of the following has a financial or other interest in the firm:

a. An employee, officer or agent of the local school system.

b. Any member of the immediate family of the above named persons.

c. The partner of any of the above named persons.

The undersigned offers and agrees to furnish any and/or all of the items upon which prices are quoted at the price set opposite each item in the quantity and quality as stated on bid and be delivered to the point specified.

This contract shall be binding for the period stipulated. Termination of this contract will be immediate if the contractor fails to meet the requirements established herein. Any other termination shall be accepted only upon the written agreement of both parties.

Bid Submittals: Submit the Price Submission Sheet, Nutritional Analysis, and Ingredient Statements.

mailto:abby.rowland@white.k12.ga.us

Pizza Specifications:

Cheese Pizza 16” – 10 cut Whole Grain Crust

Crust/Dough: Made with 51% White Whole- Wheat Flour—16oz dough ball. Contains up to 4 gms of fiber plus vitamin A and E, magnesium and iron.

Cheese: 100% Real Lite Mozzarella Cheese; Reduced Fat; Reduced Sodium by 100 mg compared to standard lite mozzarella.

Pizza Sauce: made from Domestic (California Pack) tomato products

Meets 2 MMA; 2 Grain equivalent—meeting the USDA Meal Pattern regulations as part of a reimbursable meal.

Pepperoni Pizza 16” -- 10 cut Whole Grain Crust

Crust/Dough: Made with 51% White Whole- Wheat Flour—16oz dough ball. Contains up to 4 gms of fiber plus vitamin A and E, magnesium and iron.

Cheese: 100% Real Lite Mozzarella Cheese; Reduced Fat; Reduced Sodium by 100 mg compared to standard lite mozzarella.

Pizza Sauce: made from Domestic (California Pack) tomato products

Meets 2 MMA; 2 Grain equivalent—meeting the USDA Meal Pattern regulations as part of a reimbursable meal.

Pepperoni: Reduced Fat/Reduced Sodium Pepperoni—33% less fat and 50% less sodium than regular pepperoni.

Cheese Pizza 14” – 8 cut Whole Grain Crust

Crust/Dough: Made with 51% White Whole-Wheat Flour– 16 oz dough ball

Contains up to 4 grams of fiber plus Vitamin A and E, magnesium and iron

Cheese: 100% Real Lite Mozzarella Cheese; Reduced Fat; Reduced sodium by 100 mg compared to standard lite mozzarella

Pizza Sauce – made from Domestic (California Pack) tomato products

Meets 2 M/MA; 2 Grain Equivalent meeting the USDA Meal pattern regulations as part of reimbursable meal

Pepperoni Pizza 14” – 8 cut Whole Grain Crust

Crust/Dough – Made with 51% White Whole-Wheat Flour Crust – 16 oz dough ball

Contains up to 4 grams of fiber plus Vitamin A and E, magnesium and iron

Cheese - 100% Real Lite Mozzarella Cheese – Reduced Fat; Reduced sodium by 100 mg compared to standard lite mozzarella

*Pepperoni - Reduced Fat/Reduced Sodium Pepperoni – 33% less fat and 50% less sodium than regular pepperoni

Pizza Sauce – made from Domestic (California Pack) tomato products

Meets 2 M/MA; 2 Grain Equivalent meeting the USDA Meal pattern regulations as part of reimbursable meal

Marketing materials for cafeterias will be provided.

Rewards Program offered.

Customizable to meet any New Regulation Changes.

DEFINITIONS

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

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

c) 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.

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

e) Contract Documents - Consist of the Agreement between the 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.

f) 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.

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

h) 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.

i) 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.

j) 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.

k) Solicitation - A document used by the 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 offers’ or Bidders must fulfill and all other factors to be used in evaluating the bids or proposals.

l) NSLP - National School Lunch Program

m) SBP - School Breakfast Program

CONDITIONS AND INSTRUCTIONS:

The successful bidder will work with White County School Nutrition Director, Abby Rowland, on dates for processing and deliveries. Fresh delivered pizza must be delivered to each school listed on this bid at times agreed upon by the SNP and the vendor.

1. Vendors must provide a certified nutrient analysis for each product item on which they bid. If the analysis is not provided, the item will not be considered. Ingredient and serving size information is also required.

2. The vendor must have the ability to service each school district on this bid according to the bid contract. The vendor must furnish school districts with copies of up to date Health

Inspection Reports.

3. The White County School Nutrition Program reserves the right to reject any or all bids. The bid will be awarded to the bidder whose bid is judged to be most advantageous to White County School

Nutrition Program in the areas of price, service capabilities, nutrition information, location and any other factors specific to fresh delivered pizza.

4. Prices quoted shall be for 12 months for the period of July 1, 2024 through June 30, 2025, with an option to renew up to four years, each for an additional period of twelve months. Bids shall include all charges for packing and transporting to the schools. Prices quoted will be tax free. Tax exemption forms will be provided upon request. Note that where a specific brand (or brands) is listed, it is pre-approved and no other brand is acceptable unless an addendum is provided specifying another approved brand. Fuel surcharges will not be added to invoices.

5. White County School Nutrition Program is eliminating added trans fats and artificial sweeteners from our menus. All items submitted must meet dietary guidelines which reduce fat and reduce sodium.

6. Fee per case/pound, brand name and packer location must be stated for each item bid. Bids failing to indicate this information will not be considered. Shipment must be in agreement with the bid and purchase order. All cases must be labeled as to the contents and conform in every respect to the provisions of the Federal Food, Drug and Cosmetic Act. All items must meet the USDA Buy

American Requirement.

7. In case the successful bidder is unable to furnish the pre-approved brand, a lower quality product may not be substituted. A higher quality product may be given at bid price. Notification of the change must be made to the School Nutrition Director before delivery. The White County School

Nutrition Program reserves the right to terminate the bid if a lower quality product is supplied without prior approval.

8. All supplies shall be subject to inspection after arrival at destination. In any instance where the quality or condition of the item is questioned the White County School Nutrition Program reserves the right to return the product at the vendor’s expense.

9. Bidders are not restricted to these specifications but may bid products that meet or exceed these specifications. Samples of alternate bids must be provided, if requested.

10. The contractor, by submission of a bid or acceptance of a contract, agrees to provide the goods and services covered under the bid without discrimination in any way against any persons or refuse employment of any person or persons due to color, religion, national origin or sex.

11. After the bid has been awarded or extended with market increases, the prices and products are secure for a minimum of 90 days. No changes in prices or products will be accepted without approval from the

White County School Nutrition Program. If a company shows serious lack of ability to supply products, another company will be chosen with an expedient transition as possible. Should for any reason the market value dramatically escalate and a processor cannot maintain an original quote, the processor must provide the White County School Nutrition Program documentation in writing by a third party confirming the reason for a price increase, The processor must continue to supply the product at the awarded price for 30 days after written documentation is received, thus allowing time for confirmation.

12. The White County School Nutrition Program requires that the distributor extend proper insurance coverage over the products received to protest against loss or damage until possession of the product takes place. The coverage shall include loss of products at the full market value should a disaster occur.

13. Quotations must be verified before submission of the bid, as it cannot be withdrawn, corrected or altered in any way after submission.

14. Invoices must be originals. Computer generated invoices are required. Invoices (barring problems) will be paid within 30 days of receipt of invoice and delivery of products. Invoices must contain the following information: purchase order number, item number, item description, quantity, unit price and extended totals.

15. The White County School Nutrition Program may elect to terminate the order to buy for any reason or cause upon the issuance of a thirty-day written notice, without penalty or violating the rights of the successful proposal. The White County School Nutrition Program reserves the right to renew or extend this contract or any portion thereof, for up to four twelve month periods, upon mutual agreement.

16. Deliveries will begin with the first day of school and will continue throughout the school year until the last day of school. Deliveries for White County High School and White County Middle School will be required daily. Deliveries for Mossy Creek Elementary School, Jack P. Nix Elementary School, Tesnatee Gap Elementary School, and Mount Yonah Elementary School will be required one day per week. Other districts piggybacking on this bid will communicate delivery schedule to vendor prior to beginning of school year.

17. Deliveries must be made at least 10 minutes before the first scheduled serving period. Any delays in service must be communicated immediately to the School Nutrition Department.

18. Pizzas should arrive ready to serve and at 140 degrees or higher.

19. All products are subject to inspection by the cafeteria manager at each individual campus. Any product that does not meet the standards as set forth in the specifications shall be returned for credit at the expense of the vendor.

20. The successful bidder shall furnish a schedule designating delivery route days, and the name of the driver to each School.

21. The successful bidder shall furnish procedures for placing or changing orders and replacement of damaged products.

22. The White County School Nutrition Program will consider individual product price changes as part of an extension contract. Product price changes may not exceed the U.S. Department of Labor Bureau of

Labor Statistics Southeast LS region not seasonally adjusted consumer price index percentage change annual average for the previous 12 months.

LAWS

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

All edible grocery products furnished to the WCBOE shall comply with the latest standards and regulations established by Federal Laws, including the Federal Food, Drug and Cosmetic Act and the

United States Department of Agriculture for the grade specified; except for canned fish items which shall comply with the dates standards and regulations established by Federal Laws, including Federal

Food, Drug, and Cosmetic Act and the United States Department of the Interior.

Debarred, Suspended, and Ineligible Status: Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment.

Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200.213.

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2

CFR part 180.

These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.”

The Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the

Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity. See Attachment

C.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 government wide 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.

Contract Renewal: This contract may be renewed for up to (4) four one year terms at the same terms and conditions by mutual agreement of both parties in written form.

Buy American Act-7 CFR 210.21: The 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.

Termination Upon Notice: The White County School 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.

a. Immediate Termination. This Contract will terminate immediately and absolutely if the School Food Authority determines that adequate funds are not appropriated or granted or funds are de- appropriated such that the School

Food Authority cannot fulfill its obligations under the Contract, which determination is at the School Food

Authority's sole discretion and shall be conclusive. Further, the School Food Authority may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

(i) In the event the Contractor 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 School Food Authority determines that the actions, or failure to act, of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized;

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

(iv) The Contractor 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. The occurrence of any one or more of the following events shall constitute cause for the School Food Authority to declare the Contractor in default of its obligations under the Contract:

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

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

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

(iv) The Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or White

County Board of Education law or State law to the extent allowed by applicable federal or county or state law including bankruptcy laws; the Contractor terminates or suspends its business; or the School Food

Authority reasonably believes that the Contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

(v) The Contractor has failed to comply with applicable federal, White County Board of Education and

State laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

(vi) The Contractor has engaged in conduct that has or may expose the School Food Authority or the White

County Board of Education to liability, as determined in the School Food Authority’s sole discretion; or

(vii) The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the School Food Authority, the White County Board of Education, or a third party.

c. Notice of Default. If there is a default event caused by the Contractor, the School Food Authority shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the School Food Authority’s written notice to the Contractor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the School Food Authority 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 Contractor; 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 School Food Authority may terminate the

Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor.

Following termination upon notice, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the School Food Authority up to and including the date of termination.

e. Termination Due to Change in Law. The School Food Authority shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Contractor as a result of any of the following:

(i) The School Food Authority’s authorization to operate is withdrawn or there is a material alteration in the programs administered by the School Food Authority; and/or

(ii) The School Food Authority’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 School

Food Authority, the School Food Authority shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the Contract and for which the School Food

Authority is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim. This provision in no way limits the remedies available to the School Food Authority under the Contract in the event of termination. The School Food Authority shall not be liable for any costs incurred by the Contractor 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 Contractor’s Termination Duties. Upon receipt of notice of termination or upon request of the

School Food Authority, the Contractor 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 therefrom, and any other matters the School Food Authority may require;

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

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

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

(v) Immediately return to the School Food Authority any payments made by the School Food

Authority for goods and services that were not delivered or rendered by the Contractor.

Hub Statement: It is the intent of the White County School Board of Education to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms. (7CFR3016.36(e))

Clean Air and Water Act (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. 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 violation Facilities. The 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.

LOBBYING CERTIFICATE (for bids over $100k)

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment F. 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.

Civil Rights:

The White County SFA hereby agrees that it will comply with:

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

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

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

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

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

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

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

Proficiency."

(August 11, 2000);

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

(7 CFR Part 15 et seq.);

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

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

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

Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity

(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by

USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the White County SFA agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the White County SFA, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA.

The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the White

County SFA.

Signature: Abby Rowland

Title: School Nutrition Director_

Printed Name: Abby Rowland

Code of Conduct

The following conduct will be expected of all persons who are engaged in the award and administration of contracts supported by Child Nutrition Funds.

The school districts listed in this RFP will maintain a written code of standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent these SNP will participate in selection, or in the award or administration of a contract supported by Federal funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his immediate family or his or her partner, or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Any school nutrition employee associated in any administrative phase (sourcing, purchasing, receiving, payable etc) shall be governed by the highest ethical and moral standards associated with the stewardship of public funds.

Equal Employment Opportunity: 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 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.

Energy and Conservation Act: 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 64-163, 89 Stat.871).

Record Retention Requirement: 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 White County School 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 White County School 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.

Protest Procedures: Any protest arising from this solicitation and award shall be made in writing and shall be delivered to the White County Schools Superintendent, as the acting protest official of the SFA at 136

Warriors Path, Cleveland, GA 30501. The protest shall be filed no later than ten (10) days from the award notice and shall include:

The name, address, and telephone number of the protester.

The signature of the protester or an authorized representative of the protester.

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

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

The form of relief requested.

The White County School Board of Education shall in all instances disclose information regarding protests to

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

Award to Lowest Responsive, Responsible Bidder: The SFA reserves the right to award to the lowest responsive, responsible bidder. This may result in awards to other than the lowest bidder, or to the reject any and all bids, if such action would result in the “best value” for the SFA.

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."

Contractor must comply with USDA Federal Regulations regarding procurement for Child Nutrition

Programs– 7 CFR Part 3015 to CFR parts 3016 and 3019.

Copyrights and Patents: 48 CFR-Chapter1-Subchapter H-Part 52.227-2 Notice and Assistance

Regarding Patent and Copyright Infringement.

a) The Contractor shall report to the SFA promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Government, which requested the Contracting officer, all evidence and information in the Contractor’s possession pertaining to such claim or suit. Such evidence and information all be furnished at the expense of the

Government except where the Contractor has agreed to indemnify the Government.

c) The contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold.

Patent Indemnity 52.227-3:

a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy

Order under 35 U.S.C.181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property

(hereinafter referred to as “construction work”) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.

b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulation to participate in its defense. Further, this indemnity shall not apply to—

1. An infringement resulting from compliance with specific written instructions of the

Contracting officer directing a change in the supplies to be delivered or in the materials of equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor.

2. An infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or

3. A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction.

Originality and Title to Concepts, Material, and Goods Produced: The contractor represents and warrants that all the concepts, materials, goods and services produced, or provided to the State/SFA pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interest, rights, licenses, permits or other intellectual property rights in such concepts, materials and works. The Contractor represents and warrants that the concepts, materials, goods and services and the SFA’s use of same and the exercise by the SFA of the rights granted by the

Contract shall not infringe upon any other work, other than material provided by the Contract to the

Contractor to be used as a basis for such materials, or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm or corporation and that the concepts, materials and works will not infringe upon the copyright, trademark, trade name, trade dress patent, literary, dramatic, statutory, common law or any other rights of any person, firm or corporation or other entity. The

Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the goods and services contemplated by the Contract.

ATTACHMENT A

CONTRACT SIGNATURE PAGE

This agreement is dated as of ________________ by and between the White County Board of Education, SFA and

________________________________ hereinafter called VENDOR.

The SFA and VENDOR, in consideration of the mutual covenants hereinafter set forth, agrees as follows:

ARTICLE 1. PRODUCTS

VENDOR shall provide all products as specified or indicated in the Contract Documents. Vendor shall supply and deliver speci f ied equ ipment to the School Nutrition Program’s school designated, if applicable to this solicitation.

ARTICLE 2. CONTRACT TIME

The food, equipment, supplies or goods shall be in accordance with this Agreement, and are to be completed as specified in

IFB.

ARTICLE 3. CONTRACT PRICE

The SFA shall pay VENDOR for delivery of specified goods in accordance with VENDOR’S bid, which is attached hereto.

The SFA shall pay VENDOR 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:

White County School Nutrition Program

Address:

City, State, Zip Code:

ARTICLE 5. VENDOR’S REPRESENTATIONS

In order to prompt the School Nutrition Program to enter into this Agreement, VENDOR makes the following representations:

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

5.2 VENDOR 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 the School Nutrition Program/SFA and VENDOR concerning the work, consist of the following:

• Transmittal Page

• Standard Terms and Conditions

• Special Terms and Conditions

• Attachment A: Contract Signature Page

• Attachment B: Specifications & Quote Sheet

• Attachment C: Debarment, Suspended and Ineligible Status

• Attachment D: Contract Affidavit

• Attachment E Delivery Site

• Attachment F: Lobbying Certificate Disclosure

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, School Nutrition Program and VENDOR have signed this Agreement. One counterpart each has been delivered to School Nutrition Program and VENDOR.

This Agreement will be effective _____________________, 20___

____________________________________ Board of Education

____________________________________ 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 ate

ATTACHMENT B

PRINT THIS PAGE AND COMPLETE THE PRICING SECTION AND RETURN

WITH BID DOCUMENTS

SECTION V: SPECIFICATIONS

PIZZA BRAND: Must be a nationally recognized brand of pizza.

MARKETING MATERIALS: Must be provided for cafeterias.

PIZZA CRUST: Must be made with 51% whole grain, to be “pan style” of medium thickness, and to be 14” in diameter finished size before baking. Each pizza must contain a minimum of 16 ounces whole grain dough and 16 grams whole grains per pizza. Pizza to be cut into 8 even slices. Each slice must provide 2 grain servings according to the

USDA National School Lunch Program.

PIZZA SAUCE: Must be made from domestic tomato products and flavor profiled for high school students. Each slice of pizza must contain enough sauce to supply 1/8 cup red/orange vegetables according to the USDA National School Lunch Program.

PIZZA TOPPINGS: Cheese must be 100% real cheese of any variety suitable for pizza.

Each slice of pizza must contain enough cheese or cheese and meat to supply 2 meat/meat alternatives according to the USDA National School Lunch Program.

FAT CONTENT: Each slice of pizza must contain 12 grams or less fat per serving and no trans-fat.

SODIUM CONTENT: Each slice of pizza must contain 600 milligrams or less sodium per serving.

Brand Description Serving size/CN

Credit per serving

Total Cost per Pizza

Total Cost per Serving

16”

WG,RF,RS

Pepperoni, 10 cut

16” WG,LM,

Cheese, 10 cut

16”

WG,RF,RS

Pepperoni, 8 cut

16” WG,LM,

Cheese, 8 cut

Estimated usage: White County—10,000 pizzas

WG = Whole Grain, RF = Reduced Fat, RS = Reduced Sodium, LM = Light Mozzarella

Pizzas shall be delivered via the rear receiving dock at each school cafeteria no later than

10 minutes prior to the start of each lunch period. Each district will provide lunch times and delivery requirements per school site at the beginning of the school year.

Attachment C

OMB No. 0505-0027 Expiration Date: 09/30/2025

Certification Regarding Debarment, Suspension, and Other

Responsibility Matters Primary

Covered Transactions

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR § 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided.

(Read instructions on page two before completing certification.)

A. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, or proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (A.2.) of this certification; and

4. Have not within a 3-year period preceding this…