Pierce RFP for Cafeteria Seating.pdf

PIERCE COUNTY BOARD OF EDUCATION

REQUEST FOR PROPOSALS

For

Pierce County Schools:

Patterson Elementary (Seating) Midway Elementary (Seating)

Cafeteria Seating

RFP NUMBER #5.6.25

For all questions about this RFP contact via email:

Becky Swain, Pierce County School Nutrition Director EMAIL – beckyswain@pierce.k12.ga.us

RELEASED ON:

May 6, 2025

DUE ON:

JUNE 4, 2025 AT 2:30 PM

DATES

5-6-25 Release of RFP

On or before 5-22-25 Site Visit Required by Appt. Only 5-23-25 Deadline for written questions @ 3:00 PM 6-4-25 Proposals due at 2:30 P.M.

6-5-25 Proposal Opening 8:00 AM PCBOE 6-9-25 Award RFP @ 6:30 PM PCBOE

1.0 INTRODUCTION

1.1 Purpose of Procurement

The Pierce County School System (hereinafter referred to as “System”) is seeking proposals from vendors qualified and experienced in providing cafeteria seating for select Pierce County Schools.

1.2 Objective

To transform the cafeteria into an attractive, modern day food court atmosphere. School mascot and school colors should be included. A meeting with the SNP Director and school principal at the school sites is required and should be arranged before submitting the design.

1.3 Proposal Certification

The Pierce County Board of Education (PCBOE) certifies that the use of competitive sealed bidding will not be practical or advantageous to the Board in completing the acquisition described in this RFP. Competitive sealed proposals will be submitted in response to this RFP. All proposals submitted pursuant to this request will be made in accordance with the provisions of this RFP.

1.4 Schedule of Events

This Request for Proposals will be governed by the following schedule: See cover page.

1.5 Restrictions on Communications with Staff/Questions

All questions about this RFP must be submitted in the following format:

Company Name

1. Question Citation of relevant section of the RFP

2. Question

Citation of relevant section of the RFP

Questions must be directed in writing only to the Issuing Officer:

Becky Swain beckyswain@pierce.k12.ga.us

From the issue date of this RFP until a contractor is selected and the selection is announced, Offerors are not allowed to communicate for any reason with any Board staff except through the Issuing Officer named herein, or during the Offeror's conference, or as provided by existing work agreement(s). The Board reserves the right to reject the proposal of any Offeror violating this provision.

All questions concerning this RFP must be submitted in writing (email may be used) to the Issuing Officer. No questions other than written will be accepted. No response other than written will be binding upon the Board. Questions and answers will be emailed to all vendors as they are received.

1.6 Definition of Terms

Board – Pierce County Board of Education

Pierce County School Nutrition Program mailto:beckyswain@pierce.k12.ga.us

District – Pierce County Board of Education PBOE – Pierce County Board of Education OCGA – Official Code of Georgia Annotated (State Statute) Offeror – Respondent to this Request for Proposal RFP – Request for Proposal

1.7 Background

For information on the Pierce County School System, visit the Pierce County School System Web page.

1.8 Right to Purchase

PCBOE reserves the right to purchase from any source to include existing or future state or federal contracts or from any submitted proposals.

1.9 Delivery of Proposals

All proposals must be delivered to Pierce County Board of Education at the designated time and date. The date will be set by the bidder that is awarded the contract and the school nutrition department. The installation must take place before the deadline set forth in this

RFP.

1.10 Required Site Visit

All Vendors submitting proposals should schedule a site visit for each school before May 22, 2025. Vendors who submit bids and do not complete the site visit will be disqualified.

1.11 Non-Performance

The school system reserves the right to discontinue service of all and any portion of any contract resulting from this bid for reason of unsatisfactory product or service or any reason determined to be detrimental to the health and welfare of students and school personnel and to hold the Vendor in default. Failure to furnish all items per the contract, in a timely manner, as specified, shall constitute unsatisfactory service. Please stay in contact with the SNP Director should lead times change. We are aware of supply chain issues and will take that into consideration.

Upon completion of the project and before acceptance and final payment will be made, the successful vendor shall clean and remove from the work site, all surplus and discarded materials, temporary structures and debris.

2.0 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements, which must be addressed in the proposal before further consideration will be given. Each response must reference the item number to which it is in reference.

Seating shall include but not limited to Design, Planning, Development, Project Management, Production, Delivery, and Installation of all proposed products. Seatin by AmTab or Pre-Approved Equal. Substitute or alternate brand requests should be submitted through email by 5-23-25.

Proposals will be evaluated on the Vendor’s ability to utilize age appropriate graphics, use of color, and creativity in achieving the main objective.

2.0.1 Total Expenditure

Successful bidders must provide a “turn key job.” Dealer must be present during delivery and must return to the site no more than one week after installation is complete to discuss any concerns the school district may have. Price offered should include all labor and materials to complete project. See approximate seating needs for each school site below. Price offered should include all shipping and handling charges, F.O.B. destination, delivery, uncrating of products and installation at school site. All pricing shall be in accordance with all applicable city, state, and federal codes. Bidders should complete Appendix A for pricing. This entire bid will be awarded to one vendor.

School Site Approximate Seating Needs Patterson Elementary min. of 180 seats Midway Elementary min. of 192 seats

2.0.2 Presentation of Design

Vendors will provide catalogs/literature demonstrating layouts of different seating arrangements, and art design. Custom design artwork for tables must be included in the cost of work. Presentation book and or design boards must be included in the design process and must be included as a part of your technical proposal. Materials used must be included in Presentation Book or Design Board. All design books/design boards must not include the submitting vendor’s identifying company logo/name. All design books or display boards must include a visual layout of all cafeteria seating.

2.0.3 Time Line

Vendors shall include an estimated timeline of events including deliveries, beginning installations, and completion date.

2.0.4 Experience/References

The System requires a high level of service and support from the successful vendor. Vendors must have worked in a K-12 education environment and include examples including photos of work completed in other school districts, a list of three references from current projects. Each reference must contain the reference’s name, address, telephone number, and point of contact.

2.0.5 Warranty/Quality

Bidders are to provide a statement of warranty, minimum three (3) year parts, and labor, for all applicable items. Vendors shall guarantee all furniture and décor to be free of defects in workmanship for a minimum period of (7) seven years from the actual delivery date. Should any issue develop during the warranty period due to defective materials or faulty workmanship, vendor shall furnish all labor, materials, time, and transportation to correct the issue. Issues will be corrected at the expense of the successful vendor with no cost to the

PCBOE.

2.0.6 Independent Contractor

The successful Offeror shall function as an independent contractor and shall hold administer and be solely responsible for all subcontracts for this project.

2.0.7 OSHA Safety Regulations

The successful vendor shall ensure that design, seating, and installation all meet all OSHA safety regulations.

2.0.8 Site Management

The successful vendor will be responsible for managing the site and coordinating all construction activities.

2.0.9 Changes/Issues

The successful vendor shall report to the Director of School Nutrition during the execution of this project and shall update and submit to the Director of any proposed changes or issues concerning the original design plan.

2.0.10 Removal of Packaging and Debris

The successful vendor shall keep the work site and surrounding area free from accumulation of waste materials and debris during this project. Once project is complete, all debris and garbage must be removed from the building.

2.0.11 Insurance

All vendors must be properly insured. The Pierce County Board of Education is not responsible for vendor or vendor employee accidents that happen on school property while this project is in progress.

2.012 Project Completion Date

The complete project including décor and seating shall be completed and installed no later than October 31, 2025 unless the vendor can provide information on material delays from the factory.

2.0.13 Company Background and Experience

Offeror will describe their background, experience, and qualifications relevant to the design and installation of School Cafeteria design projects.

2.0.14 Company Structure

The Offeror will include in the technical proposal the legal form of their business organization, the state in which incorporated (if a corporation), the types of business ventures in which the organization is involved and the office location that will be the point of contact during the term of any resulting contract.

2.0.15 Business Litigation

The Offeror will disclose any involvement by the organization or any officer or principal in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the status and/or disposition.

2.1 PROPOSAL FORMAT

2.1.1 Technical proposal shall include the following:

1. Full name and address of the Vendor.

2. A brief, concise summary of two (2) pages or less of the proposal.

3. Response to each item listed in the Mandatory Requirements Section (2.0) of this RFP numbered and labeled.

4. Special Payment Requests (i.e. separate purchase orders). If none requested, only one PO will be issued by PCBOE (i.e. removal of furniture, electrical work, painting, sound panel removal).

2.1.2 Financial proposal:

Cost proposal shall be completed on Appendix A. All Federal, State and local taxes should be excluded.

3.0 PROPOSAL SUBMISSION AND EVALUATION

3.1 Process for Submitting Proposals

3.1.1 Preparation of Proposal

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Offeror should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed. The Offeror is solely responsible for the cost of responding to this RFP. Reimbursement for cost of preparation of response will not be made.

3.1.2 Packaging of Proposal

The Offeror’s proposal in response to this RFP shall include a Technical Submission and a Cost Proposal.

The contents of the package will include:

One original and three copies of the Proposal

● Technical Proposal as specified in 2.1.1.

● Financial Proposal- Attachment A

● Proposal Certification Attachment B

● Contractor Affidavit Attachment C

● Debarment and Suspension Attachment D

● Sample Contract Attachment E

● Lobbying and Debarment form and Disclosure Attachment F

● Anti-Collusion Affidavit Attachment G

● Vendor Affidavit Attachment H

● Vendor Reference Form Attachment I

Cost Proposal The Offeror must use the Financial Proposal form (Attachment A) and must include all expenses to complete work as specified herein.

Outside of package must include the following:

RFP Pierce CountySchools Cafeteria Seating Due Date: June 4, 2025 at 2:30 P.M.

Delivery to Pierce County Board of Education Attn: Becky Swain, School Nutrition Director 834 E. Main Street, Blackshear, GA 31516

3.1.3 Submission of Proposals

Proposals must be delivered in person or by mail on or before the due date. Designs must be in a sealed envelope marked Pierce County: Cafeteria Seating. Proposals may or may not be reviewed at the bid opening. Vendors will be notified in advance if they need to attend the opening or if they need to come on a future date to review their proposal.

Proposals must be submitted to:

Mail or Delivery to Pierce County Board of Education Attn: Becky Swain, School Nutrition Director 834 E. Main Street, Blackshear, GA 31516

Any proposal received after the due date and time will not be evaluated.

3.2 Evaluation Process

The evaluation of proposals received on or before the due date and time will be conducted in the following phases.

3.2.1 Administrative Review

The proposals will be reviewed by the Issuing Officer for the following administrative requirements:

1. Submitted by deadline

2. Sealed Technical Submission and Financial Proposal

3. All required documents have been submitted

4. All documents requiring an original signature have been signed and are included

5. Actual design should not have the company name or logo on it.

3.2.2 Mandatory Requirements Review

Proposals, which pass the administrative review, will then be reviewed by the Evaluation Team to ensure all requirements identified in Section 2.0 are addressed satisfactorily.

3.2.3 Proposal Evaluation

Proposals, which pass the Mandatory Requirements Review, will be reviewed by the Evaluation Team for quality and completeness.

The following are the maximum possible points of each category:

Technical Proposal: Experience: Experience in education (K-12) environment. Proposals will receive 5 points for each year of K-12 experience, with three or more receiving all 15 points. Must have been operating under the same company name.

15 Points

Design: Ability of the vendor to utilize age appropriated graphics, use of color, and creativity in achieving the main objective.

55 points

Financial Proposal: Fees for providing product or services.

30 Points

Total Possible Points 100 Points

3.2.4 Oral Presentations

The Board reserves the right to choose and invite Offerors to present their technical solution to the Evaluation Team. The Financial Proposal must not be discussed during the oral presentation.

All Offerors submitting proposals may not be asked to make a presentation.

3.2.5 Financial Proposal Evaluation

Offerors will use only the Financial Proposal Forms provided with the RFP (Appendix A).

3.2.6 Identification of Apparent Successful Offeror

The resulting Financial Proposal scores will be combined with the Technical Proposal score.

The Offeror with the highest combined technical and financial score will be identified as the apparent successful Offeror.

3.3 Rejection of Proposals/Cancellation of RFP

The Board reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the Board. It is also within the right of the Board to reject proposals that do not contain all elements and information requested in this document. The Board reserves the right to cancel this RFP at any time. The Board will not be liable for any cost/losses incurred by the Offerors throughout this process.

4.0 TERMS AND CONDITIONS

4.1 RFP Amendments

The Board reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be emailed promptly to the potential vendors.

4.2 Proposal Withdrawal

A submitted proposal may be withdrawn prior to the due date by a written request to the Issuing Officer. A request to withdraw a proposal must be signed by an authorized individual.

4.3 Cost for Preparing Proposals

The cost for developing the proposal is the sole responsibility of the Offeror. The Board will not provide reimbursement for such costs.

4.4 Sample Contract

The Sample Contract, which the Board intends to use with the successful Offeror, is attached to this RFP and identified as Appendix E. Exceptions to the Contract should be identified and submitted with the Offeror's proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in Section 2.0.

Prior to award, the apparent winning Offeror will be required to enter into discussions with the Pierce County School Nutrition Director to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification. Failure to resolve contractual differences will lead to rejection of the Offeror's proposal.

The Board reserves the right to modify the Contract to be consistent with the successful offer and to negotiate with the successful Offeror other modifications, provided that no such modifications affect the evaluation criteria set forth herein or give the successful Offeror a competitive advantage.

4.5 Conflict of Interest

If an Offeror has any existing client relationship that involves the Pierce County Board of Education, the Offeror must disclose each relationship. No employee shall participate in the selection, award or administration of a contract supported by program funds if 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: The employee, officer or agent, any member of his/her immediate family / his/her partner/ an organization which employs or is about to employ one of the above.

4.6 Compliance with Laws

The Contractor will comply with all State and Federal laws, rules, and regulations.

STANDARD TERMS AND CONDITIONS

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

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

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 the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

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

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

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are subject to the nonprocurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180.

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

Debarred, Suspended, and Ineligible Vendors by a federal entity. See Attachment F

By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency.

All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive

Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and

Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

III. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a). Immediate Termination. This contract will terminate immediately and absolutely if the Pierce County Board of

Education School Nutrition Program determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the Pierce County Board of Education SFA cannot fulfill its obligations under the

Contract, which determination is at the Pierce County Board of Education SFA’s sole discretion and shall be conclusive. Further, the Pierce County Board of Education may terminate this contract at any time if deemed necessary.

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

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

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

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

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

Education SFA to declare the Vendor in default of its obligation under the Contract:

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

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

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

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

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

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

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

(c) Notice of Default. If there is a default event caused by the Vendor; the Pierce County Board of Education SFA shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the Pierce County Board of Education SFA’s written notice to the Vendor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the Pierce County Board of Education SFA may:

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

(ii) Procure substitute goods or services from another source and charge the difference between the

Contract and the substitute contract to the defaulting Vendor, and/or,

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

(d) Termination upon Notice. Following thirty (30) days’ written notice, the Pierce County Board of Education SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the

Vendor. Following termination upon notice, the Vendor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the Pierce County Board of Education SFA up to and including date of termination.

(e) Termination Due to Change in Law. The Pierce County Board of Education SFA shall have the right to terminate this

Contract without penalty by giving thirty (30) days’ written notice to the Vendor as a result of the following:

(i) The Pierce County Board of Education SFA’s authorization to operate is withdrawn or there is a material alteration in the programs administered by the Pierce County Board of Education SFA;

and/or

(ii) The Pierce County Board of Education 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 Pierce

County Board of Education SFA, the SFA shall pay only those amounts, if any, due and owing to the Vendor for goods and services actually rendered up to and including the date of termination of the Contract and for which the Pierce County Board of Education SFA is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s claim. This provision in no way limits the remedies available to the

Pierce County Board of Education SFA under the Contract in the event of termination. The Pierce County Board of

Education SFA shall not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

(g) The Vendor’s Termination Duties. Upon receipt of notice of termination or upon request of the Pierce County Board of

Education SFA, the Vendor shall:

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the Pierce County Board of Education SFA may require;

(ii) Immediately cease using and return to the Pierce County Board of Education SFA, any personal property or materials, whether tangible or intangible, provided by the Pierce County Board of Education SFA to the

Vendor;

(iii) Comply with the Pierce County Board of Education SFA’s instructions for the timely transfer of any active files and work product by the Vendor under the Contract;

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

(v) Immediately return to the Pierce County Board of Education SFA any payments made by the Pierce

County Board of Education SFA for goods and services that were not delivered or rendered by the Vendor.

IV. HUB (Historically Underutilized Business) STATEMENT

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

Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or noncompetitive procurement (2 CFR 200.321). Positive efforts include:

• Placing qualified small and minority businesses, women's business enterprises and labor surplus firms on solicitation lists;

• Assuring that small and minority businesses, women's business enterprises and labor surplus firms are solicited whenever they are potential sources;

• Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women’s business enterprises and labor surplus firms;

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

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

• Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs

(1) through (5) of this section.

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

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

20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).

USDA is an equal opportunity provider and employer.

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

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

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

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

VI. 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).

https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60

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

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act

(42 U.S.C. 1857(h)) Clean Air and Water Certification. Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection 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).

VIII. CIVIL RIGHTS STATEMENT AND ASSURANCE

The Pierce County Board of Education SFA hereby agrees that it will comply with:

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

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

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

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

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

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

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

(August 11, 2000);

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

(7 CFR Part 15 et seq.);

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

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

x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the

USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity

(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation 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 Pierce County Board of Education SFA agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized

USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Pierce COUNTY BOARD OF EDUCATION, 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 Pierce COUNTY BOARD OF

EDUCATION.

Signature: _Becky Swain_ Title: School Nutrition Director Printed Name: Becky Swain

IX. RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the

Pierce 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 Vendor shall permit the Auditor of the State of Georgia or any authorized representative of the School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Vendor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Vendor shall not impose a charge for audit or examination of the Vendor’s books and records. If an audit discloses incorrect billings or improprieties, the Pierce

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

X. BID PROTEST PROCEDURES

a.) Any protest shall be in writing and shall be delivered to the Pierce County Board of Education’s designated

Protest official, Melanie Helms, Financial Director Pierce County BOE, 834 E. Main Street, Blackshear, GA 31516.

A protest of a solicitation shall be received by the named individual before the offer due date. The protest shall be filed within ten (10) days from the award notice and shall include:

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

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

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

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

5. The form of relief requested.

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

c) The Pierce County Board of Education School Nutrition Director shall in all instances disclose information regarding protests to State Agency. Georgia Department of Education, School Nutrition Director.

XI. NON-COLLUSION AFFIDAVIT- ATTACHMENT G

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect." See Attachment G

XII. CODE OF CONDUCT

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

School Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the Pierce County Board of Education shall participate in selection or in award or administration of a contract supported by the School Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

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

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Pierce County Board of Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited. Failure of any employee, officer, or agent to abide by the above states code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department. The Pierce County Board of

Education SFA will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the Pierce County Board of Education.

XIII. DUTY TO EXAMINE

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check 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 nor shall it give rise to any contract claim.

XIV. EXCEPTIONS TO TERMS AND CONDITIONS

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

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

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

Please return ONLY pages 19-30 of this document with your presentation.

Attachment A

FINANCIAL PROPOSAL

RFP #5.6.25

Pierce County School Sites Cafeteria Seating

Patterson Elementary School Cafeteria Seating Total Cost $ Lead Time once PO is submitted

Midway Elementary School Cafeteria Seating Total Cost $ Lead Time once PO is submitted

Project Grand Total $

Company Name: ________________________________________________________

Company Address: ______________________________________________________

Company Phone/ Fax #: __________________________________________________

Signature of Offeror: ____________________________________________________

Printed Name of Above: ________________________________________________

Attachment B

Must be include with the proposal

PROPOSAL CERTIFICATION

I certify that I have read and understand the terms and conditions herein except as stated below. I further state that I am and/or my company is capable, able to, and will provide the requested products and/or service described herein. I am the owner or agent of the company stated below and am authorized and empowered to contract. By my signature on this RFP, I/we guarantee and certify that all items included in my bid meet or exceed specifications.

I certify that this quotation is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a quotation for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand 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 the quotation and certify that I am authorized to sign this quotation for the Contractor.

SUBMITTED BY____________________________________ DATE _______________

TITLE________________________________EMAIL: ____________________________

COMPANY NAME________________________________________________________

ADDRESS___________________________CITY______________ST_____ZIP_______

TELEPHONE NUMBER____________________FAX NUMBER___________________

COMPANY WEBSITE _________________________

SIGNATURE _____________________________________________________________

Attachment C

Must be included with this proposal

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Pierce County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 2023 in ____________________(city), ______(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________,202__.

NOTARY PUBLIC

My Commission Expires: _________________________________

Attachment D

ATTD

Attachment E

DISTRICT SAMPLE CONTRACT

CONTRACT

This writing shall constitute the entire agreement between the Pierce County School District, and

(VENDOR)_________________________________.

AGREEMENT: The Pierce County School District agrees to the services provided by (VENDOR)_____________________ as listed herein and as modified from time to time. This agreement supersedes any purchase order issued in the course of executing this agreement.

(VENDOR)___________________ agrees to provide the services and equipment listed herein in accordance with the terms and conditions herein and certifies that such services and equipment is as proposed in Pierce County School District RFP #6.6.25. This agreement may be modified only by written agreement and not by course of performance. This agreement becomes effective on ____________or on the day it is signed by all parties, whichever is later and will continue as indicated below.

DEFINITIONS: The meanings of the words below as used herein are defined as follows.

A. "District” as used herein means the Pierce County School District, a political subdivision of the State of Georgia.

B. “Vendor or Contractor” as used herein means the company that will be awarded the contract.

LAW: The laws of the State of Georgia shall prevail in all matters concerning this contract.

TERM: Code section 20-2-506 of the laws of the State of Georgia as of this date and as may be amended apply to this agreement. In addition to other requirements, the following are specifically enumerated.

A. This contract will terminate absolutely and without further obligation on the part of the School District at the close of each calendar year. Unless the Board votes to cancel or non-renew, the contract will automatically renew at the end of each calendar year for a successive calendar year. The total contract periods shall not exceed 60 months ending ____________, except as provided herein.

B. This contract may be extended for no more than 3 months immediately following the expiring contract year.

TERMINATION:

A. The Pierce County School District may terminate this contract in accordance with O.C.G.A.