Liberty County Board of Education School Nutrition Program

INVITATION FOR BID

FOOD PRODUCTS ON AN ANNUAL FIXED PRICE

CONTRACT WITH PROSPECTIVE PRICE

REDETERMINATION

Issued on: March 30, 2026 Final Date for Written Questions: April 3, 2026

Bid Due Date: April 29, 2026

Bid Period: Effective July 1, 2026 through June 30, 2027

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………………………………………………………………………………….....................…3

SECTION 1 - TRANSMITTAL PAGE

SECTION 2 - STANDARD TERMS AND CONDITIONS

SECTION 3 - SPECIAL TERMS AND CONDITIONS

SECTION 4 - ATTACHMENTS

ATTACHMENT A - CONTRACT SIGNATURE PAGE

ATTACHMENT B – PRODUCE SPECIFICATIONS……

ATTACHMENT C – VENDOR BID FORM……

ATTACHMENT D - LOBBYING CERTIFICATE AND DISCLOSURE………….…………………..……...……37

ATTACHMENT E – SCHOOL DELIVERY POINTS……….………………………….…………………….…….38

ATTACHMENT F – SCHOOL CALENDAR…………………………………………….….…..……………..…

ATTACHMENT G – DEBARRED, SUSPENDED, AND INELIGIBLE STATUS …………..……. ………….….40

ATTACHMENT H – ANTI-COLLUSION AFFIDAVIT…………………………………………………………... 42

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

TRANSMITTAL PAGE

The Liberty County Board of Education, School Nutrition Program (Board/SNP) is requesting sealed bids for Purchase and Distribution of Food Products on an Annual Fixed Price Contract with Perspective Price Redetermination.

Bids are due by April 29, 2026 at 9:00 AM. Bids will be opened at 10:00 AM local time in the Liberty County School Nutrition Department located at 200 Bradwell Street, Hinesville, GA 31313.

Bids shall be sealed and mailed or delivered to the Liberty County School Board of Education, School Nutrition Program, located at 200 Bradwell Street, Hinesville, GA 31313. Bids must be enclosed in a sealed envelope and marked “IFB for Food P roducts on an Annual Contract”. Bids delivered after that time will not be considered. Post marks or dating of documents will be given no consideration in case of late bids. The Liberty County Board of Education reserves the right to reject any and all bids and to waive any informality.

Questions regarding this Invitation for Bid shall be directed in writing to Margaret Floyd, floydm@liberty.k12.ga.us Fax: 912-876-6097. All written questions should be received no later than April 3, 2026. No telephone requests will be answered. No questions other than written will be accepted (fax may be used). The Board/SNP will respond to the request, by letter, in the form of a written addendum if it is determined that all perspective bidders should have a benefit of the clarification. No addendum will be issued within the (5) five-day period prior to the date of the bid opening. No response other than written will be binding upon the Liberty County School System. Any non-compliant bid offered as a result of a verbal response will be rejected. Any protest based on such a rejection will not be heard.

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 Food Products to the Liberty County Board of Education, School Nutrition Program through sealed bids.

b) The Board/SNP is seeking to identify and select vendors to provide the items as listed in the attached food list (Attachment B) based on individual price per line item. 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.

mailto:floydm@liberty.k12.ga.us

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, 2020 and terminate on June 30, 2021 with a prospective price redetermination in January 2021.

b) Extension Option -The contract may be extended up to three (3) months at the same bid pricing, provided mutual agreement by both parties in written form. This extension will be utilized only to prevent a lapse of contract coverage and only for the time necessary to issue and award a new Invitation to Bid, but not to exceed three months.

c) Renewal Option - 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. The Board/SNP will ONLY consider individual product price changes as part of the renewal contract. Product price changes may not exceed the U.S. Department of Labor Bureau of Labor Statistics Southeast BLS region not seasonally adjusted consumer price index percentage change annual average for the previous 12 months.

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.

Bids shall be submitted in compliance with the following criteria:

a) Bids must be enclosed in a sealed envelope. The outside of the envelope shall be clearly marked, “IFB for Food Products on an Annual Contract” and submitted to the location specified on Bid Form.

b) No-Bid – If you do not wish to submit a quote please return this bid and state your reason. We will then remove your name form the potential vendor listing that is maintained in the School Nutrition office.

c) Bids must be received by the Board/SNP no later than April 29, 2026 at 9:00 AM local time.

d) 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. Bids must be mailed or delivered to:

School Nutrition Department Attn: Margaret Floyd 200 Bradwell Street Hinesville, GA 31313

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

IV. BID OPENING DATE/TIME/PLACE

Issue Date March 30, 2026 Final Date for written questions April 3, 2026 by 9:00 AM Deadline for submitting bids April 29, 2026 by 9:00 AM Bid Opening April 29, 2026 at 11:00 AM

V. AWARD DETERMINATION STATEMENT

a) This IFB is intended to be awarded to a single or to multiple vendors based on line item pricing. All prices shall remain firm for the entire contract period. This will be a fixed price contract with prospective price redetermination to take place once during the contract period in the month of January.

b) The award of this IFB is contingent upon available budget funds and approval of the Liberty 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 if such action would result in the “best value” for the School Food Authority (SFA).

d) Upon Liberty County Board approval of the Board/SNP’s recommended lowest bidder(s) an official letter of acceptance will be forwarded by the Board/SNP to the contract for those items to that Bidder.

e) In case of a tie bid and subject to compliance with local, state and federal regulations and guidelines, the award will be made as follows:

a. The bid will be awarded to the in-county supplier.

b. The bid will be awarded to the in-state supplier.

c. If applicable, the bid will be awarded to the goods made in Georgia.

d. The bid will be awarded to the supplier with the lesser total dollar volume.

f) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the Board/SNP shall be drafted from (a) the IFB and addenda, (b) the selected bid response to the IFB by the Bidder and any attachments thereto, and (c) all written communications between the 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 Liberty County Board of Education, School Nutrition Program. All inquiries, clarifications, or interpretations regarding this IFB should be directed in writing to:

School Nutrition Department Attn: Margaret Floyd

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. The Board/SNP will accept only written inquiries regarding this IFB until Wednesday, April 29, 2026 at 9:00 AM local time in order to reply to reach all Bidders before the bid closes and to give bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an IFB 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 TERMS AND CONDITIONS

This contract between the Liberty 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

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

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 2 CFR 200.213.

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 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.” 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. CONTRACT TERM CLAUSES

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

Contract Renewal – The Board/SFA shall have the option, in its sole discretion, to renew the Contract for additional renewals as defined in the Standard Contract on a year-to-year basis by giving the Contractor written notice of the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal term. Renewal will depend upon the best interests of the SFA, funding, and Contractor’s performance. Renewal will be accomplished through the issuance of a written notice or Notice of Award Amendment. Upon the State Entity’s election, in its sole discretion, to renew any part of this Contract, Contractor shall remain obligated to perform in strict accordance with this Contract unless otherwise agreed by the SFA and the Contractor.

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

IV. BUY AMERICAN STATEMENT

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

Buy American:

1. Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:

a. An agricultural commodity that is produced in the United States; and

b. A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically.

c. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States.

2. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs and when considering limited exceptions to the Buy American provision-USDA Memo SP 38-2017; SP 23-2024. Exceptions to the Buy American provision are very limited;

however, an alternative or exception may be approved by the SFA upon request. To be considered for an alternative or exception, the request must be submitted in writing to the SFA, a minimum of ___day (s) in advance of delivery. The request must include:

a. Alternative substitute(s) that are domestic and meet the required specifications:

i. Price of the domestic food alternative substitute(s); and

ii. Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

b. Reason for exception: limited/lack of availability or price (include price):

i. Price of the domestic food product; and

ii. Price of the non-domestic product that meets the required specification of the domestic product.

iii. The product is listed on the Federal Acquisitions Regulations Unavailable articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality.

3. Notification of non-domestic food purchases provided by the vendor is necessary to assist the

SFA with ensuring that the annual cost of non-domestic food purchases acquired with School Nutrition Program funds does not exceed the caps established as applicable to the contract and optional renewals.

4. By signing this document, the vendor certifies that all domestically identified products listed within the response to the attached specifications were processed in the U.S. and contain over 51% of their agricultural food components, by weight or volume, from the U.S. Any response listing a non-domestic product will include a valid resource to verify that the non-domestic good is not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.

V. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

A. Immediate Termination This Contract will be terminated 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 SFA 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 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 or 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 SFA 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 Liberty 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 SFA 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, Liberty County Board of Education and State laws, rules, ordinances, regulations and orders when performing with the scope of the Contract;

(vi) The Contractor has engaged in conduct that has or may expose the SFA or the Liberty County Board of Education to liability, as determined in the SFA’s sole discretion; or

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

C. Notice of Default

If there is a default event caused by the Contractor, the SFA shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the SFA’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 for Convenience

Following thirty (30) day’s written notice, the SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the 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 SFA up to and including the date of termination.

E. Termination Due to Change of Law The SFA 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 SFA; and/or

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

F. Payment Limitation in Event of Termination In the event of termination of the Contract for any reason by the SFA, the SFA shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the Contract and for which the SFA is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim. This provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall not be liable for any costs incurred by the 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 SFA, 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 there from, and any other matters the SFA may require;

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

(iii) Comply with the SFA’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 SFA, 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 SFA any payments made by the SFA for goods and services that were not delivered or rendered by the Contractor.

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.

VIV. CIVIL RIGHTS STATEMENT AND ASSURANCE

The Liberty County School Nutrition Program hereby agrees that it will comply with:

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

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

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

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

e) 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);

f) Executive Order 13166, "Improving Access to Services for Persons with Limited English

Proficiency." (August 11, 2000);

g) All provisions required by the implementing regulations of the Department of Agriculture

(USDA) (7 CFR Part 15 et seq.);

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

i) Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race color, national origin, sex (including gender identity and sexual orientation), 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.

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

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

By accepting this assurance, the Liberty County School Nutrition Program 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 Liberty County School Nutrition Program, 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 Liberty County School Nutrition Program.

IX. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the Liberty County Board of Education to provide maximum practicable opportunities in its solicitations to small businesses, minority firms, women's business enterprises and labor surplus area firms. Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e. small purchase procedures, sealed bids, competitive proposals or noncompetitive proposals (2 CFR 200.321).

Positive efforts include:

i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists:

ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

iv. Establishing delivery schedules, where the requirements permits, which encourage participation by small and minority businesses, and women's business enterprises;

v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this section.

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 Liberty 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 Liberty County Board of Education reserve 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

(a) Any protests arising from this solicitation and award shall be made in writing and shall be delivered to the Superintendent; Ms. Debra Frazier, at 200 Bradwell Street, Hinesville, GA 31313.

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.

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

a) The Liberty County Board of Education shall in all instances disclose information regarding protests to State Agency.

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

Liberty County Schools and all Contractors will maintain a written code of standards (conduct) governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the Liberty County Schools or contracted company shall participate in selection or in the award or administration of the contract supported by Federal funds if a conflict of interest, real or apparent would be involved. The conflict of interest may include: the employee, officer or agent; any member of his immediate family; 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.

The grantee’s or subgrantee’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.

The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

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 shall not 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.

XVI. FOOD RECALLS

Vendor shall be expected to voluntarily comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA and assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a separate document to be submitted along with bid. Vendor will provide the name of the person responsible for their recall notifications.

additionally, any and all recall notifications will be sent directly to the School Nutrition Director, Margaret Floyd at floydm@liberty.k12.ga.us and the School Nutrition Coordinator, Aaron Bennett at Abennett@liberty.k12.ga.us.

XVI. ESCALATION / DE-ESCALATION CLAUSE

Prices bid are to be for the week of April 6, 2026 – April 10, 2026 and subsequently may be adjusted throughout the school year due to the fresh fruit and produce bid pricing. Periodic reviews of all produce bidders will be performed to secure the best pricing and product available to the school system. If during the performance of this contract, the price of the product(s) significantly increases, through no fault of contractor, the price under this agreement will be reviewed and consideration of the equitable adjustment by an amount reasonably necessary to cover any such significant price increases. Vendor will be required to provide a Market Index Report from a reputable location to validate the price adjustments. As used herein, a significant price increase shall mean any increase in price exceeding ten percent (10%) experienced by contractor from the date of the contract signing. Such price increases shall be documented through quotes, invoices, or receipts. Where the delivery of the product(s) under this agreement is delayed, through no fault of contractor, as a result of the shortage or unavailability of the product, contractor shall not be liable for any additional costs or damages associated with such delay(s).

SECTION 3

SPECIAL TERMS AND CONDITIONS

I. GENERAL PRODUCT SPECIFICATIONS

The Board/SNP discourages the use of the following ingredients that contain: mono-sodium glutamate, high fructose corn syrup, and artificial sweeteners.

The Board/SNP prefers products to be natural and may not award item unless they are free of artificial colors, flavors, sweeteners, and preservatives; have minimal ingredients and processing.

The Board/SNP purchases only trans-fat free products except for naturally occurring small amounts of trans-fat that may be in an animal product.

It is the preference of the Board/SNP that all items should be lower in sodium per serving. The calories from “total fat” be at or below 35% (excluding nuts, seeds, nut butters and reduced-fat cheese), calories from “added sugar” be below 10% and calories from “saturated fat” be below 10%.

Reduced-fat cheese is exempt.

All grain products must meet the Whole Grain Rich requirements set by the USDA for the National School Lunch and Breakfast Programs. Products not in compliance that are for the general student population will be deemed non-responsive.

The Board/SNP reserves the right to remove items from this contract if product is no longer needed.

The information concerning the specifications, manufacturer’s name, product code number, or pack size is based on the latest available information that the Board/SNP has. If information listed concerning the specifications, manufacturer, product code number or pack size is incorrect, please note it on the item in question when quoting. The Board/SNP may decide that the item needs to be re-solicited if an error has occurred in the product specification.

The Board/SNP must be notified within 30 days of any ingredient or nutritional changes, or preparation process change in the awarded product.

Random sampling and testing of products received may be performed. Should any item fail to meet specifications, quality or condition as samples, the Board/SNP shall require the distributor to remove any such item from every school, and full credit shall be given to the Board/SNP for the total amount of product removed.

The Board/SNP reserves the right to determine whether or not the distributor has complied with product specifications and to choose which product best suits its needs.

The process of substituting one product for another is STRONGLY discouraged and prohibited.

Products are strategically menued to meet the components of the National School Lunch and Breakfast Programs.

All substitutions MUST be approved by the Board/SNP authorized representative before delivery can take place. Substitutions without prior approval will not receive payment. Payment for approved substitutions will be made per individual unit at unit bid price.

If reimbursement is lost due to failure to meet the terms of this contract or unauthorized substitutions of product, the Board/SNP will require supplier to pay a dollar amount equal to the cost of the product, the reimbursement lost, and any fines.

II. APPROXIMATE ANNUAL QUANTITIES

This is a “demand usage contract”, and the estimated quantities listed on the proposal pricing schedule are an approximate amount based on the current year’s usage. The quantities may change as menu needs change. In some instances, the Board/SNP will have under or overestimated, and the price quoted must be firm until the last order. Estimates in the IFB are not a commitment to purchase the same amount.

III. DEFINITION OF EQUIVALENT

The use of brand name(s) is not for restrictive purposes, but to establish an acceptable level of quality that the Board/SNP is seeking. Board/SNP will allow supplier to select the best product in their inventory that will meet Board/SNP’s product specification.

Five (5) days prior to the IFB submission, April 29, 2026 at 4:00 PM, the documentation outlined below on all alternate/comparable items must be furnished to the Board/SNP. All documentation should be submitted by email to Margaret Floyd at floydm@liberty.k12.ga.us or FAX: 912-876-6097. A sample may be required prior to the bid opening if deemed necessary by the Board/SNP to verify acceptability. In the event the Board/SNP requests a sample of the alternate/comparable sample, please be prepared to deliver the product prior to bid submission.

1. Product identification, including manufacturer and/or distributor’s name, brand name, product code, product label, quantity per case, case weight and item number.

2. Manufacturer’s product literature/specifications, including but not limited to product descriptions, ingredients, nutritional analysis, packaging wrap and/or product label.

3. Product has been personally investigated and determined that it is equal or superior in all respects to that specified.

4. Supplier will provide the same guarantee for the equivalent/alternate item as they would for specified product indicated in the proposal documents.

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.

Should the description state “no substitutes” or “only”, this is an indication that a standard has been chosen for the Board/SNP and the brand listed meets the nutritional requirement. Please note these items carefully, as only pricing on the specified label will be considered. If you have any questions, please email or fax Margaret Floyd, School Nutrition Director.

IV. REBATES & REPORTS

Commodity rebate requests require a distributor’s velocity report. The Board/SNP will need to receive a monthly “Liberty” system report that shows the totals purchased for each food product. Utilization reports shall be issued to the Board/SNP and shall be for a period corresponding to the contractor “business cycle”. This cycle shall normally not be more than five (5) weeks. Distributors are also expected to provide information on items that are not being purchased at levels commensurate with the estimated usage stated in the IFB. The preferred file format for these reports is Microsoft Excel. In order to meet the manufacturer rebate deadlines, the Board/SNP must receive reports via email or soft copy by the 15th of each month. If your system will not allow these reports to be run within the given time frame or file format, please document how your firm can meet this requirement for the Board/SNP.

USDA value is an expense to our program and will be taken into consideration with distributor’s quote when calculating the line cost. The Georgia Department of Education has approved the Value Pass through (Net Off Invoice) system and the awarded vendor must be capable of participating.

V. HACCP REQUIREMENTS

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

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

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

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

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

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

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

VI. PROPRIETARY INFORMATION:

If a bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing bidder asks to have access to the information. In such case, the school district will notify the affected bidder that a challenge has been made. If the affected bidder can produce a court issued restraining order within (10) ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the (10) ten working day period, the information will be released and the school district shall not be held liable.

VII. TRADE NAME, CHILD NUTRITION (CN) LABELS AND GRADE

a) Bidders are required to list packer, manufacturer, manufacturer’s code (item number) brand, where indicated on bid documents.

b) When bidding house labels, Bidder is required to indicate packer name, packer location and product number.

c) Grade must be listed for all food products.

d) Upon request, the vendor shall submit CN labels; nutritional analysis sheets; ingredient lists;

prep/cooking instructions; and reports indicating meat/meat alternates; breads; fruits; and…