IFB021-22 Produce, Fruit & Veg

INVITATION FOR BIDS

IFB NO. 021-22

PRODUCE, FRUIT AND VEGETABLES

CLAYTON COUNTY PUBLIC SCHOOLS

Dr. MORCEASE J. BEASLEY EMMA BENTON Superintendent of Schools Chief Financial Officer

Debra B. Brewer, Esq., CPPO

Director Department of Purchasing

218 Stockbridge Road, Jonesboro, Georgia, 30236

Bid Submission Deadline:

April 18, 2022 3:00 p.m. Eastern Standard Time (EST)

DocuSign Envelope ID: E3D2BCFF-EC72-4DBB-8976-4466F525112A

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SCHEDULE OF EVENTS

EVENT DATE OR DEADLINE

Eastern Standard Time (EST)

IFB Release March 15, 2022

Non-Mandatory Pre-Bid Teleconference

March 22, 2022 @ 10:00 a.m.

(667) 770-1484 Access code: 222743 #

Deadline For Submission of Questions

March 29, 2022 @ 3:00 p.m.

Submit questions to:

purchasing@clayton.k12.ga.us

Answers Posted to Website by Addendum

April 11, 2022 @ 3:00 p.m.

IFB Submission Deadline

April 18, 2022 @ 3:00 p.m.

Bid Opening via Zoom ID 938 4408 5897

April 18, 2022 @ 3:00 p.m.

Purchasing Representative Rose Tookes

BID SUBMISSION FORM

This form must be completed in its entirety and signed by the authorized representative or official submitting the bid. This form must be returned with each bid. Failure to do so will render a bid non-responsive.

Company Name:

Mailing Address:

(Street, City, State, Zip Code)

Email Address:

Phone Number:

Fax Number:

Social Security or Tax ID#:

Name of Authorized Representative:(printed or typed only)

Title of Authorized Representative:

Signature of Authorized Representative:

Date of Signature:

mailto:purchasing@clayton.k12.ga.us

IFB 021-22 Produce, Fruit and Vegetables Page 3 of 76

TABLE OF CONTENTS

DESCRIPTION BEGINNING PAGE

Information and Instructions to Bidders 4

Submission of Bids 7

Introduction 10

Background 10

Intent to Award 10

Term of Agreement 11

Discounts 11

Scope of Services and Specifications 11

Minimum Qualifications 11

Additional Requirements 12

Requirements Contract Clause 17

Substitution Clause 17

Pricing Information 17

Contract Work Hours/Safety Standard Act 17

Code of Conduct 18

Required Form Submittals 18

Appendices A. Code of Ethics

B. General Terms and Conditions

C. General School and Holiday Schedule

D. Required Forms

Attachments A. Scope of Services and Specifications

B. Bid Cost Form

C. CCPS Standard Agreement

Exhibits

1. Clayton County Public Schools Locations

2. Food Recalls and Bio-Security

3. Certification Regarding Debarment

4. Lobbying Certification

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IFB 021-22

A. INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Services Required: This Invitation for Bids (“IFB”) is for produce, fruit and vegetables for Clayton County Public Schools (“CCPS”). A detailed Scope of

Services (“SOS”) is set forth in this IFB.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the CCPS Purchasing Policies and Procedures. By submitting a bid in reference to this solicitation, a Bidder acknowledges that it is familiar with CCPS Purchasing Policy and Procedures and all laws applicable to this solicitation, which policies, procedures and laws are incorporated into this IFB by reference.

3. Criminal Background Check: By submitting a bid in reference to this solicitation, Bidder acknowledges that a satisfactory criminal background check and history may be required for anyone coming into direct or indirect contact with CCPS students at no cost to CCPS.

4. Certificate of Authority to Transact Business in Georgia: Each Bidder must submit with its bid documentation that demonstrates it is duly authorized to conduct business in the State of Georgia. This requirement also applies to Joint Venture (JV) Team Members, Sub-Contractors and Sub-contractors.

5. Business License: Bidder is requested to submit a copy of its current, valid business license with its Bid. If the Bidder is a Georgia corporation, Bidder is requested to submit a valid CCPS or city business license. If Bidder is a joint venture, Bidder is requested to submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder is requested to submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

6. Professional License: Bidder must attach a copy of any professional license required by this IFB with its response. All required licenses must be maintained for the duration of any contract award period.

7. Tax Exemption Status: CCPS is exempt from Federal Excise Tax and Georgia

Sales Tax with regard to goods and services purchased directly by CCPS.

Exemption certificates are available upon request.

8. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful bidder. All services, labor, materials and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, which shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

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9. No Offer by CCPS and Firm Offer by Bidder: This solicitation does not constitute an offer by CCPS to enter into an agreement and cannot be accepted by any Bidder to form an Agreement. This solicitation is only an invitation for offers from interested

Bidders and no offer shall bind CCPS. A Bidder’s offer is a firm offer and may not be withdrawn except as provided in this IFB, CCPS Purchasing Policies and

Procedures and other applicable law.

10. Negotiations; Best and Final Offers: CCPS reserves the right to negotiate specifications, terms and conditions, which may be necessary or appropriate for the accomplishment of the intent of this IFB. CCPS may require the submission of Best and Final Offers. CCPS may require that this IFB and Bidder’s response be incorporated in full or in part as Contract Documents. The IFB and all responses, supplemental information, and other submissions provided by Bidder during discussions or negotiations may be held by the CCPS as contractually binding upon

Bidder. CCPS may seek clarification from a Bidder at any time during the procurement process, and failure of a Bidder to timely respond may be cause for rejection of Bidder’s bid.

11. Purchase Order: A properly signed and executed Purchase Order provided to the successful bidder by CCPS results in a binding contract without further action by either party. The contract documents shall consist of this Invitation for Bids and any addenda thereto, the offeror’s bid (as amended by any negotiations and best and final offers accepted by CCPS), Notice of Award and Notice to Proceed letters and establishing Purchase Order. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of Georgia.

12. Multiple Awards: CCPS reserves, in its sole discretion, the right to make one (1) award, no award, or award to multiple Bidders.

13. Georgia Open Records Act: Information provided to CCPS is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq. Pursuant to

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

[O.C.G.A. § 10-1-760 et seq.]”.

14. Illegal Immigration Reform and Enforcement Act: This IFB is subject to the Illegal

Immigration Reform and Enforcement Act of 2011 (“Act”), formerly known as the

Georgia Security and Immigration Compliance Act. Pursuant to Act, the Bidder must provide with its Bid proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms must be submitted with the Bid at the time of submission. Under State Law, the CCPS cannot consider any Bid which does not include the completed forms. Where the business structure of a Bidder is such that

Bidder is required to obtain an Employer Identification Number (EIN) from the

Internal Revenue Service, Bidder must complete the Contractor Affidavit on behalf

IFB 021-22 Produce, Fruit and Vegetables Page 6 of 76 of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself. Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising Bidder must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the

Act. All Bidders intending to do business with CCPS are responsible for independently apprising themselves of and complying with the requirements of the

Act and assessing its effect on CCPS solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

15. Sub-Contractors and Sub-Consultants: Bidder shall ensure the responsibility standards for each of its Sub-Contractors and Sub-Contractors as listed below and in each and every part of this IFB. Verification must include documentation that each

Sub-Contractor or Sub-Contractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this IFB, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work or requirements. Bidder shall not furnish any statement, representation, or certification in connection with Sub-

Contractors or Sub-Contractors that is materially false, deceptive, incorrect or incomplete. Failure of the Bidder to provide information concerning the responsibility of any Sub-Contractor or Sub-Contractor may result in a finding that the Bidder is not responsible. All proposed Sub-Contractors and Sub-Contractors shall be listed in the Bidder’s response. Bidder shall ensure that all proposed Sub-Contractors have adequate personnel, past experience, adequate facilities, finances and business systems to perform the scope of services. CCPS reserves the right to approve all Sub-Contractors and Sub-Contractors.

16. Responsiveness: The determination of the Bidder’s responsiveness will be made by the CCPS based on a consideration of whether the Bidder has submitted complete bid documents meeting bid requirements without irregularities, exclusions, special conditions, or alternative bids for any item unless specifically requested in the solicitation.

17. Sub-contractors and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Sub-contractor or equipment manufacturers listed in the Bid and may be required to submit other material information relative to proposed Sub-contractor. CCPS reserves the right to disapprove any proposed Sub-contractor whose technical or financial ability, or resources, or experience are deemed inadequate.

18. Minority, Female Business and Local Enterprises: It is the intent of CCPS that

Minority Business Enterprises (MBE), Woman Business Enterprises (WBE), and

Local and Small Business Enterprises (L/SBE) have an equal opportunity to participate in CCPS procurement opportunities. Bidders are encouraged to use said vendors whenever possible in the execution of any contract.

https://e-verify.uscis.gov/enroll

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19. Conflict of Interest: Bidders are advised to read and familiarize themselves with the conflict of interest provisions of this IFB contained in Appendix B, General Terms and

Conditions, and Required Form Submittals.

19.1 CCPS reserves the right to issue solicitations for specific projects that are independent of this IFB. Except as stated in this IFB, successful Bidders under this IFB are not precluded from responding to such solicitations.

19.2 All interests of CCPS employees, officers or elected officials in Bidder’s firm should be listed and disclosed with Bidder’s response to this IFB.

B. SUBMISSION OF BIDS

1. Ownership of Bids: Each Bid submitted to CCPS shall become the property of the

CCPS, without compensation to a Bidder, for use by the CCPS, in its discretion.

CCPS shall not be liable for any bid preparation costs incurred by Bidders, or for any subsequent work on the Bid or additional documentation required by CCPS.

2. Bid Duration: Bids submitted in response to this IFB must be valid for a period of

One Hundred and Twenty (120) calendar days from the Bid Submission Deadline and must be marked as such.

3. Bid Submission Deadline: Responses to this IFB will be received by Clayton

County Public Schools (CCPS) e-Procurement Portal, at claytonk12ga.bonfirehub.com until 3:00 P.M., Eastern Standard Time (EST) on

Monday, April 18, 2022. The Bid Opening will be held via Zoom at: IFB 021-22

Produce, Fruit and Vegetables Public Bid Opening at 3:00 P.M. EST. Meeting ID:

938 4408 5897 and Passcode: 591470.

3.1 Bidders must register in Bonfire as a vendor at:

https://claytonk12ga.bonfirehub.com/portal/?tab=login in order to submit a bid prior to the submission deadline.

3.2 Bidders and all required forms must be fully completed, signed in ink and uploaded in Bonfire at https://claytonk12ga.bonfirehub.com/portal/?tab under the correct solicitation.

3.3 CCPS will only accept online submissions for this IFB. Oral, telephonic, facsimile, emailed and mailed bids will not be considered.

4. Late Bids. Late Bids received will not be considered. Time will be determined in

Bonfire (as determined by the time stamp clock when submitted online). Bids delivered to other locations within CCPS will not be considered. CCPS is not responsible for misdirected mail or items delivered late by carriers.

DocuSign Envelope ID: E3D2BCFF-EC72-4DBB-8976-4466F525112A https://clayton-k12-ga-us.zoom.us/j/93844085897?pwd=S2hpcnVqRTRmS2ViL2JKMG5QVDU2dz09 https://clayton-k12-ga-us.zoom.us/j/93844085897?pwd=S2hpcnVqRTRmS2ViL2JKMG5QVDU2dz09 https://claytonk12ga.bonfirehub.com/portal/?tab=login https://claytonk12ga.bonfirehub.com/portal/?tab

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5. Non-Mandatory Pre-Bid Conference: A Non-Mandatory Pre-Bid Conference Call has been scheduled for Tuesday, March 22, 2022, at 10:00 A.M., EST. The number for the Pre-Bid Conference Call number is (667) 770-1484, enter access code

222743 and the pound #. Attendance during the Pre-Bid Conference Call is voluntary for Bidders responding to this IFB; however, Bidders are encouraged to attend.

During the Pre-Bid Conference, the general requirements of the project will be discussed. Any questions raised by potential Bidders will be discussed. Verbal answers to questions during the Pre-Bid Conference will not be authoritative. Each

Bidder must be fully informed regarding all existing and expected conditions and matters which might affect the cost or performance of the required services. It should be emphasized, however, that nothing stated or discussed during the course of this conference shall be considered to modify, alter or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

6. Solicitation Questions: Any questions regarding this IFB should be submitted on or before Tuesday, March 29, 2022 at 3:00 P.M., EST. All questions must be submitted to Debra B. Brewer, Director, CCPS, Purchasing Department, by email with the IFB name and number in the subject line to purchasing@clayton.k12.ga.us.

Questions received after the designated period may not be considered. Verbal responses are not authoritative. Answers to questions will be made by addendum posted to the CCPS website not later than 3:00 p.m. EST on Monday, April 11, 2022.

It is the responsibility of each Bidder to obtain a copy of any Addendum issued for this solicitation.

7. Prohibited Contacts: All Bidders and representatives of Bidders are strictly prohibited from contacting CCPS employees, CCPS Officials, Elected Officials or any third party representatives of CCPS on any matter having to do with this IFB. All communications by any Bidder concerning this IFB must be made in writing to the CCPS Purchasing

Department.

8. Examination of Bid Documents:

8.1 Each Bidder is responsible for examining with appropriate care the complete

IFB and all Addenda and for informing itself with respect to all conditions which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Bidder, who is deemed to have included all costs for performance of the Services in its Bid.

8.2 Each Bidder shall promptly notify CCPS in writing should the Bidder find discrepancies, errors, ambiguities or omissions in the Bid Documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the IFB. Replies to such notices may be made in the form of an addendum to the IFB, which will be posted to the CCPS website.

mailto:purchasing@clayton.k12.ga.us

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8.3 CCPS may in accordance with applicable law, by Addendum, modify any provision or part of the IFB at any time prior to the Bid due date and time.

8.4 Each Bidder must confirm Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each

Addendum.

8.5 CCPS may waive any technicalities and formalities. CCPS reserves the right to cancel the IFB in its entirety.

9. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Agreement that may be awarded pursuant to this IFB are set forth in

Appendix B, General Terms and Conditions. Bidder must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Bidder, if any. For purposes of this section, “Bidder” shall mean an individual, corporation or other corporate entity submitting a bid in connection with this solicitation, including each Joint Venture partner if Bidder is a Joint Venture.

10. Protests: Protests dealing with specifications or the solicitation shall be filed not later than three (3) working days prior to the bid due date. Other protests shall be filed not later than three (3) working days after the bid due date, or if the protest is based on subsequent actions of CCPS, not later than three (3) working days after the aggrieved person knows or should have knowledge, of the facts given rise to the protest. All Protests should specify exactly what is being protested. Protests are considered filed when received by the Director of Purchasing. Protests which are not filed in a timely manner, as set forth above, will not be considered. Bidder agrees to pay for CCPS reasonable attorney’s fees and expenses of litigation for any protest arising out of this solicitation in which CCPS is a prevailing party. Only those who participated in the solicitation are eligible to protest.

--BALANCE OF PAGE INTENTIONALLY LEFT BLANK--

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IFB 021-22

Clayton County Public Schools (”CCPS”) is soliciting Bids from qualified Bidders to provide produce, fruit and vegetables for Clayton County Public Schools. A detailed

Scope of Services is set forth in this IFB.

1. INTRODUCTION

1.1 BACKGROUND

1.1.1 CCPS is committed to excellence and student achievement. CCPS is fully accredited through AdvanceED-Southern Association of Colleges and Schools Council on Accreditation and School Improvement. CCPS is a diverse K-12 system located in metropolitan Atlanta, Georgia, with 38 elementary schools, 16 middle schools, 10 comprehensive high schools, an alternative school, Open Campus, and two psycho-education facilities. CCPS is the fifth largest school system in the State of Georgia and is ranked amongst the 100 largest school districts in the U.S. Student enrollment is approximately 55,000.

1.2 INTENT TO AWARD

CCPS intends to make one (1) award to the lowest responsible, and responsive bidder; however, CCPS reserves the right to make multiple awards or no award for IFB No: 021-22 PRODUCE, FRUIT AND VEGETABLES and to result in a firm fixed price contract.

1.2.1 Responsibility. The determination of the Bidder’s responsibility will be made by C C P S based on whether the Bidder meets the following minimum standard requirements:

1.2.1.1 Has the appropriate and adequate experience required to provide produce, fruit and vegetables;

1.2.1.2 Has adequate personnel to fulfill the order;

1.2.1.3 Ability to comply with the required or proposed

schedule;

1.2.1.4 Has a satisfactory record of performance;

1.2.1.5 Bidder must have the ability to provide future services;

1.2.1.6 Has adequate financial means to meet obligations

incidental to the work; and

1.2.1.7 Such other factors as the CCPS determines to be

pertinent to either the bid or the contract.

1.2.2 Responsiveness. The determination of the Bidder’s responsiveness will be made by Clayton County Public Schools based on a consideration of whether the Bidder has submitted complete bid documents meeting bid requirements without irregularities, exclusions, special conditions, or alternative bids for any item unless specifically requested in the solicitation.

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1.3 TERM OF AGREEMENT

The Contract shall commence within ten (10) calendar days after receipt of award letter.

The initial term of the Agreement and any renewal terms are collectively referred to as the “Term”. The initial term of this Agreement shall be for one (1) year, and may not be automatically renewed for two (2) successive one (1) year terms upon the same terms and conditions. The services to be performed under this Agreement shall commence on the effective date of this agreement and terminate absolutely and without further obligation on the part of CCPS on June 30th of the year in which it was executed and on June 30th of each succeeding and renewed year, as required by O.C.G.A. § 20-2-506(b), as amended, unless terminated earlier in accordance with the termination provisions of this agreement. If needed, the annual contract will be extended 90 days or for such period beyond the contract expiration date as it may be necessary to afford CCPS a continuous supply of the items(s).

This contract shall not be deemed to create a debt of CCPS 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.

1.4 DISCOUNTS

Awards will be made on the basis of the net price of all items net price. When submitting bids or quotations, all discounts (any discounts, quantity discounts, combination of item discounts, all item discounts or any other form or combination of item discounts), must be calculated by the Bidder and reduced to a net unit price or, when requested, to an item net price. Discounts offered in any other form or time limit will not be considered in making the award.

2. SCOPE OF SERVICES AND SPECIFICATIONS

All services provided must comply with all federal, State of Georgia and local regulations and laws applicable. Bidder must provide produce, fruit and vegetables as specified in this IFB and in accordance with Attachment A, Scope of Services and Specifications, attached hereto and incorporated herein by reference.

3. MINIMUM QUALIFICATIONS

3.1 The Bidder must have three (3) years of experience providing produce, fruit and vegetables for a school district, college/university or any other governmental organization similar in size to CCPS.

3.2 The Bidder must be able to provide fresh produce, fruit and vegetables for the school fiscal year 2022-2023 and for each renewal option year.

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4. ADDITIONAL REQUIREMENTS

4.1 BUY AMERICAN REQUIREMENTS

The Bidder 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 maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American: Definition of domestic commodity or product. 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. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. Documentation must be received that requests (1) Consideration on the use of domestic alternative foods before approving an exception and (2) The use of a non-domestic food exception when competition reveals the cost of domestic food is significantly higher than non-domestic food and (3) The use of a non-domestic alternative food due to the domestic good not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality.

4.2 CLEAN AIR/CLEAN WATER STATEMENT

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

1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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4.3 ENERGY POLICY AND CONSERVATION ACT

The Bidder shall comply with all 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).

4.4 CIVIL RIGHTS STATEMENT AND ASSURANCE

4.4.1 CCPS 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 AD 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 give assurance that it will immediately take measures necessary to effectuate this Agreement; and

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), IFB 021-22 Produce, Fruit and Vegetables Page 14 of 76 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).

4.4.2 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.

4.4.3 By accepting this assurance, CCPS 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 CCPS, 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 CCPS.

4.5 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, 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

IFB 021-22 Produce, Fruit and Vegetables Page 15 of 76

(800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”)

4.6 HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP)

REQUIREMENTS

4.6.1 The School Nutrition Program 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 School Nutrition Program may require documentation verifying that a written HACCP plan is followed.

4.6.2 The successful vendor(s) must have Hazard Analysis Critical Control

Point (HACCP) plan on file for recall/hold control procedures including but not limited to:

4.6.2.1 Traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

4.6.2.2 Provision of 24/7 accessibility to successful bidder(s) staff in the event of a food/USDA Hold/Recall.

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

4.6.3 Vendor(s) shall have the ability to conduct a mock recall for products once per twelve (12) months upon request.

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

4.7 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

[Appendix II to 2 CFR200(f) (if applicable) If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of

DocuSign Envelope ID: E3D2BCFF-EC72-4DBB-8976-4466F525112A https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60

IFB 021-22 Produce, Fruit and Vegetables Page 16 of 76 parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

4.8 PROCUREMENT OF RECOVERED MATERIALS

(CFR 200.323) An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

4.9 RECORDS RETENTION

Until the later of: (a) six (6) years after expiration or termination of this Agreement; (b) the date that all pending matters relating to this Agreement (e.g., disputes) are closed or resolved by the Parties; or (c) the date such retention is no longer required to meet CCPS’s records retention policy or any record retention policy imposed by Applicable Law, if more stringent than CCPS’s policy, Contractor will maintain and provide access upon request to the records, data, documents and other information required to fully and completely enable CCPS to enforce its audit rights under this Agreement.

4.10 LOBBYING CERTIFICATE

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 E. 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.

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Such disclosures are forwarded from tier to tier up to the non-Federal award.

4.11 DOCUMENT REVIEW

The Bidder shall allow access by the Federal grantor agency, the comptroller General of the United States, or any of their duly authorized representatives of the School Nutrition Program to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

5. REQUIREMENTS CONTRACT CLAUSE

The quantities specified in the Bid Cost Form are estimates only. There are no guarantees as to the quantities CCPS will require over the time period stated, therefore, no liability for non-purchase of any goods and/or services. More or less of the estimated quantity may be purchased.

6. PRICING INFORMATION

The prices for this particular solicitation will be monitored periodically to see if the items are in line with the market prices. As a baseline figure, CCPS will use the price index for fresh fruits, vegetables, onions, potatoes, and eggs as listed on the Agricultural Marketing Service (AMS) USDA Market

News Report Services at http://www.ams.usda.gov/fv/mncs/ Atlanta

Terminal. CCPS will use the Southeast Processing or Fresh Express price indexed for processed and value-added fruits and/or vegetables.

6. SUBSTITUTION CLAUSE

Substitutions may be made only with prior approval of the Nutrition Buyer or designee. All substitutions must be of equal or greater quality. In no case will an item be accepted if the quality is lower than stated in the bid. Substitutions are to be priced at the same cost as the original awarded item.

7. CONTRACT WORK HOURS/SAFETY STANDARDS ACT (40 U.S.C. 3701-3708)

All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or http://www.ams.usda.gov/fv/mncs/

IFB 021-22 Produce, Fruit and Vegetables Page 18 of 76 dangerous. These requirements do not apply to the purchases of supplies or materials or articles.

8. CODE OF CONDUCT

The following conduct will be expected from all vendors who are engaged in the procurement process that uses School Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the CCPS shall participate in selection or in award or administration of a contract supported by the School Nutrition Program funds if there is a conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

1. The employee, office, or agent;

2. Any member of his/her immediate family;

3. His or her partner; and

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

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the CCPS and an outside agency. Individual sales by any school personnel to an outside agency or any other person is prohibited. If any employee, officer, or agent fail to abide by the above stated code could result in a fine, suspension, or both, and dismissal. The code of conduct will be provided to anyone upon request by the School Nutrition Department. CCPS/SFA will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the District.

9. REQUIRED FORM SUBMITTALS

The forms and documents contained in Appendix D, Required Forms, are mandatory forms required to be submitted with each bid. Failure to provide the information or documentation required may cause a bid to be declared non-responsive and rejected. Failure to an have authorized representative sign all documents at the signature line, or failure to have all documents properly notarized as requested, may cause a bid to be declared non-responsive and rejected.

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APPENDIX A

PURCHASING DEPARTMENT

CODE OF ETHICS

I. Give first consideration to the mission and policies of Clayton County Public Schools.

II. Strive to obtain maximum value for each dollar spent.

III. Decline personal favors, gifts, and gratuities. Grant all competitive Contractors fair and equal consideration.

IV. Conduct business with potential and current Contractors in an atmosphere of good faith.

V. Demand honesty in sales representations whether offered through the medium of a verbal or written statement, an advertisement, or a sample of the product.

VI. Receive consent from the originator for the use of proprietary ideals and designs.

VII. Make a reasonable effort to obtain equitable settlement of any controversy with a Contractor.

VIII. Accord a prompt and courteous reception insofar as conditions permit to all who call on legitimate business missions.

IX. Create an environment of fair, ethical, and legal business practices.

X. Protect Clayton County Public Schools’ interest by ensuring that

Contractors honor all terms of their contracts.

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APPENDIX B

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions contained in this Invitation for Bids (IFB) apply to all solicitations. Where there are specific or special conditions contained herein that conflict with the General Information and Instructions, the more specific or special conditions will prevail. The terms Contractor, Bidder, Contractor, Supplier, Provider and Vendor may be used interchangeably herein.

I. Contract Renewal. Upon executing its option to renew, CCPS will notify the

Contractor of such renewal, at which time the Contractor shall be bound to provide Services during such renewal term, without the need for the Parties to execute any further documents evidencing such renewal, it being acknowledged by the Contractor that its initial execution of this Agreement is deemed its agreement to continue to provide Services during any renewal term.

II. Payment. A purchase order will be issued to authorize the purchase of the services/commodities. Delivery/release of services/commodities is not authorized until the receipt of a purchase order.

a. The Contractor shall invoice CCPS on a monthly basis. If payment is to be made by line item, when a single line item has been satisfactorily delivered, complete payment will be made within thirty (30) days from either the date of delivery or the receipt of a satisfactory invoice in triplicate, whichever occurs last.

b. Invoices should be sent to:

Clayton County Public Schools Attn: School Nutrition Department

218-B Stockbridge Road Jonesboro, Georgia 30236 Attn: Accounting Technician and Director of Nutrition

c. All invoices must show the contract number, work performed and period of work. Payment will be made via electronic payment or check. CCPS reserves the right to modify these terms should extenuating circumstances prevail.

III. Non-Appropriation. Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder are payable to the Contractor by CCPS solely from appropriations received by CCPS. In the event such appropriations are determined, in the sole discretion of the Chief Financial Officer of CCPS, no longer to exist or to be insufficient with respect to the charges payable hereunder, this agreement shall terminate without further obligation of CCPS at the end of any fiscal period (hereinafter referred to as “Event”). In such Event, the Chief Financial Officer for CCPS shall certify to the Contractor the occurrence thereof, and such certification shall be conclusive.

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IV. Scope of Services. Contractor shall provide produce, fruit and vegetables as requested by CCPS on an as needed basis in accordance with the IFB and Scope of Services.

V. Compliance With Laws, Licenses, Permits. Contractor shall comply with all local, state, and federal laws and regulations applicable to its responsibilities under this Agreement. During the term of this Agreement the Contractor shall maintain all licensing and permits required to provide Services. Failure to maintain such licensing shall be cause for termination of this Agreement.

Contractor shall obtain and maintain all permits, licenses, certifications and approvals as required by all regulatory agencies with jurisdiction over the assigned Services, including any regulatory agencies of CCPS.

VI. Insurance.

Proof of insurance shall be provided within 15 days of the date of written notification of award.

a. The following general requirements apply to any and all work under this contract by all Contractors and Sub-contractors, where applicable, of any tier.

1. Any and all insurance required by this contract shall be maintained during the entire length of this contract, including any extensions thereto, and until all work has been completed to the satisfaction of Clayton County Public

Schools. Any and all insurance must be on an occurrence basis.

No Contractor or Sub-contractor shall commence any work of any kind under a contract until all insurance requirements contained within the solicitation have been complied with and until evidence of all insurance requirements have been received demonstrating such compliance in each and every contract with each and every sub-contractor of any tier.

2. Clayton County Public Schools shall be covered as an

Additional Insured under any and all insurance required by the contract. Confirmation of this shall appear on all certificates of insurance and on any and all applicable policies.

3. Clayton County Public Schools shall be given no less than thirty (30) days notice of cancellation. Clayton County

Public Schools shall be given not less than thirty (30) days prior written notice of material changes of any insurance required under this contract.

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4. Each and every agent shall warrant when signing the certificate of insurance that he is acting as an authorized representative on behalf of the companies affording insurance coverage under the contract and that he is licensed by the State of Georgia to conduct insurance business in the State of Georgia and that the companies affording insurance coverage are currently licensed by the

State of Georgia and are currently in good standing with the

Commissioner of Insurance for the State of Georgia.

5. Any and all companies providing insurance required by a contract must meet…