RFP 006_25 Large Kitchen Equipment for School.pdf

REQUEST FOR PROPOSALS

RFP NO. 006-25

LARGE KITCHEN EQUIPMENT FOR SCHOOL NUTRITION

CLAYTON COUNTY PUBLIC SCHOOLS

DR. ANTHONY W. SMITH RAMONA BIVINS

Superintendent of Schools CFO/Chief of Business Services

& Strategic Improvement

Drexal Paul, MBA, CPM, CPPO, CPPB Director

Department of Purchasing 1098 Fifth Avenue, Jonesboro, Georgia, 30236

Response Submission Deadline:

February 12, 2025

3:00 p.m. Eastern Standard Time (EST)

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Initial Here “Proponent must return each and every page of the RFP.”

SCHEDULE OF EVENTS

EVENT DATE OR DEADLINE

Eastern Standard Time (EST)

RFP Release December 18, 2024

Pre-Proposal Conference Passcode ID # 640098

January 8, 2025 @ 10:30 a.m.

Non-Mandatory Site Visits

The week of January 13 - 17, 2025

Deadline for Submission of Questions January 23, 2025 @ 3:00 p.m.

Submit questions to:

purchasing@clayton.k12.ga.us

Answers Posted to Website by Addendum

February 5, 2025 @ 3:00 p.m.

RFP Submission Deadline February 12, 2025 @ 3:00 p.m.

Proposal Opening Passcode ID # 232676

February 12, 2025 @ 3:00 p.m.

Oral Presentations/Interviews or Demonstrations, if necessary

Week of March 11-13, 2025

Procurement Representative

Rose Tookes

RESPONSE SUBMISSION FORM

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

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Initial Here ___

“Proponent must return each and every page of the RFP.”

TABLE OF CONTENTS

DESCRIPTION BEGINNING PAGE

Information and Instructions to Proponents 4

Submission of Responses 6

General Information 10 Introduction 10

Background 10

Objectives 10 Intent to Award 10

Term of Agreement 10

Scope of Services 11

Minimum Requirements 11

Requirements Contract Clause 11 Evaluation Process 11

Response Preparation and Guidelines 12 Response Format 12

Contents of Technical Response 13

CCPS Standard Draft Agreement 17

Required Form Submittals 17 Additional Requirements 18

Appendices

A. Code of Ethics B. General Terms and Conditions C. Required Forms D. SLBE Program - Required Documents

E. General School Holiday Schedule

Attachments

A. Scope of Services 66 B. Cost Proposal Form 74

C. CCPS Standard Draft Agreement 83

Exhibit

1. List of Schools

2. Equipment Quantity for Each School Location

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RFP 006-25

A. INFORMATION AND INSTRUCTIONS TO PROPONENTS

1. Services Required: This Request for Proposals (“RFP”) is to solicit proposals from qualified firms to provide Large Kitchen Equipment for School Nutrition for Clayton

County Public Schools (“CCPS” or “District’). A detailed Scope of the Services

(“SOS”) is set forth in this RFP.

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

3. Minimum Qualification: Each Proponent shall have the minimum qualifications set forth in the RFP.

4. Criminal Background Check: By submitting a response in reference to this solicitation, the Proponent 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.

5. Certificate of Authority to Transact Business in Georgia: Each Proponent must submit with its response 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-Sub-Contractors.

6. Business License: The Proponent is requested to submit a copy of its current, valid business license with its submittal. If the Proponent is a Georgia corporation, Proponent is requested to submit a valid county or city business license. If Proponent is a joint venture, Proponent is requested to submit valid business licenses for each member of the joint venture. If the Proponent is not a Georgia corporation, Proponent 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.

7. Professional License: The Proponent must attach a copy of any professional license required by this RFP with its submittal. All required licenses must be maintained for the duration of any contract award period.

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 Respondent. All services, labor, and materials must comply with all

RFP 006-25 Large Kitchen Equipment for School Nutrition Page 5 of 102 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.

9. No Offer by CCPS and Firm Offer by Proponent: This solicitation does not constitute an offer by CCPS to enter into an agreement and cannot be accepted by any Proponent to form an Agreement. This solicitation is only an invitation for offers from interested Respondents and no offer shall bind CCPS. A Respondent’s offer is a firm offer and may not be withdrawn except as provided in this RFP, CCPS

Purchasing Policies and Procedures and other applicable law.

10. 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.]”.

11. Illegal Immigration Reform and Enforcement Act: This RFP 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

Proponent must provide with its submittal 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

Response at the time of submission. Under State Law, the CCPS cannot consider any Response which does not include the completed forms. Where the business structure of a Proponent is such that Proponent is required to obtain an Employer

Identification Number (EIN) from the Internal Revenue Service, Proponent must complete the Contractor Affidavit on behalf of, and provide a Federal Work

Authorization User ID Number issued to, the Proponent itself. Where the business structure of a Proponent does not require it to obtain an EIN, each entity comprising

Proponent 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

Respondents 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.

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

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

13. Inclusivity in Purchasing Policy: Proponents are required to comply with the

CCPS Inclusivity in Purchasing Policy (DJEAB) and Small Local Business Enterprise

Program.

14. 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. Proponents are encouraged to use said MBE, WBE and L/SBE’s whenever possible in the execution of any contract, however, CCPS does not provide a contracting preference and it is not the intent of CCPS to violate any local, state or federal laws.

15. Cooperative Agreement: CCPS may permit piggybacking or cooperative use of any contract resulting from this RFP by other city, county, local authority, agency, or board of education if the bidder/proponent will extend the same prices, terms, and conditions. This provision shall not apply to any contract where piggybacking or cooperative use is prohibited by law.

16. Reasonable Accommodation: CCPS will provide reasonable accommodations for Proponents with a disability. Proponents should request reasonable accommodations by contacting the Purchasing Department by email with the RFP name and number in the subject line to purchasing@clayton.k12.ga.us. If accommodations at the pre-proposal conference are needed, please notify the Purchasing Department by email no later than forty-eight (48) hours in advance.

17. Conflict of Interest: Proponents are advised to read and familiarize themselves with the conflict of interest provisions of this RFP contained in Appendix B, General

Terms and Conditions, and Required Form Submittals.

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

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

mailto:purchasing@clayton.k12.ga.us

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B. SUBMISSION OF RESPONSE

1. Ownership of Responses: Each Response submitted to CCPS shall become the property of CCPS, without compensation to a Proponent, for use by CCPS, at its discretion. CCPS shall not be liable for any response preparation costs incurred by

Proponents, or for any subsequent work on the response or additional documentation required by CCPS.

2. Duration: Responses submitted in to this RFP must be valid for a period of one hundred-eighty (180) calendar days from the Response Submission Deadline and must be marked as such.

3. Submission Deadline and Proposal Opening: Sealed Responses to this RFP will be received by the CCPS Purchasing Department until 3:00 P.M., Eastern Standard Time

(EST) on Wednesday, February 12, 2025. The proposal opening will be held via Zoom at: RFP 006-25 Large Kitchen Equipment for School Nutrition Public Proposal

Opening. Zoom Meeting ID # 947 3916 4977, and the Passcode ID # 232676.

Attendance during the proposal opening is voluntary for Proponents responding to this

RFP; however, Proponents are encouraged to attend.

3.1 Proponents must register in Bonfire as a vendor at:

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

3.2 Proposals and all required forms must be fully completed, signed in ink and uploaded in Bonfire under the correct solicitation (RFP No. 006-25

Large Kitchen Equipment for School Nutrition).

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

3.4 For any technical questions or difficulties, contact Bonfire Support at https://support.gobonfire.com/hc/en-us.

4. Late Responses: Late Responses received will not be considered. Time will be determined using the Purchasing Department clock. Responses delivered to other locations within CCPS will not be considered. CCPS is not responsible for misdirected mail or items delivered late by carriers.

5. Pre-Proposal Conference: A Non-Mandatory Pre-Proposal Conference has been scheduled for Wednesday, January 8, 2025 at 10:30 a.m., EST. The Pre-Proposal

Conference will be via Zoom Meeting ID # 958 7158 2968 and the Passcode ID #

640098. During the Pre-Proposal Conference, the general requirements of the project will be discussed. Any questions raised by potential Proponents will be discussed.

Verbal answers to questions during the Pre-Proposal Conference will not be authoritative. It should be emphasized, however, that nothing stated or discussed during the course of this conference call shall be considered to modify, alter or https://clayton-k12-ga-us.zoom.us/j/94739164977?pwd=i6aIFYOJ0yodTcwiElIZsbEGIVtSaz.1 https://clayton-k12-ga-us.zoom.us/j/94739164977?pwd=i6aIFYOJ0yodTcwiElIZsbEGIVtSaz.1 https://clayton-k12-ga-us.zoom.us/j/94739164977?pwd=i6aIFYOJ0yodTcwiElIZsbEGIVtSaz.1 https://claytonk12ga.bonfirehub.com/portal/?tab=login https://support.gobonfire.com/hc/en-us

RFP 006-25 Large Kitchen Equipment for School Nutrition Page 8 of 102 change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

6. Non-Mandatory Site Visits: The week of January 13 - 17, 2025. Please contact Seth Springer, School Nutrition Warehouse Supervisor, via email at:

seth.springer@clayton.k12.ga.us, before Monday, January 13, 2024, to schedule the school site visit if needed.

7. Solicitation Questions: Any questions regarding this RFP should be submitted on or before Thursday, January 23, 2025 at 3:00 p.m., EST. All questions must be submitted in writing to the Director, CCPS Purchasing Department by email with the

RFP 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 no later than 3:00 p.m., EST on Wednesday, February 5, 2025. It is the responsibility of each Proponent to obtain a copy of any

Addendum issued for this solicitation by monitoring the CCPS website at http://www.clayton.k12.ga.us/cms/One.aspx?portalId=54515&pageId=95198 .

8. Prohibited Contacts: All Proponents and representatives of Proponents 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 RFP.

All communications by any Proponent concerning this RFP must be made in writing to the CCPS Purchasing Department.

9. Oral Presentations/Interviews: Responsive Proponents may be required to make an oral presentation of their proposed solution to a CCPS Evaluation Committee.

Technically competent representatives from the Proponent’s team with the ability to respond to questions posed by CCPS must be active participants in the oral presentation. If required, oral presentations and interviews will be held during the week of March 11 – 13, 2025. CCPS will notify responsive Proponents of the date, time and location for the presentation and interview, and will supply an agenda or topics for discussion.

10. Examination of Response Documents:

10.1 Each Proponent is responsible for examining with appropriate care the complete RFP and all Addenda and for informing itself with respect to all conditions.

10.2 Each Proponent shall promptly notify CCPS in writing should the Proponent find discrepancies, errors, ambiguities or omissions in their Response

Documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the RFP. Replies to such notices may be made in the form of an addendum to the RFP, which will be posted to the CCPS website.

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

mailto:%20seth.springer@clayton.k12.ga.us mailto:%20seth.springer@clayton.k12.ga.us mailto:purchasing@clayton.k12.ga.us http://www.clayton.k12.ga.us/cms/One.aspx?portalId=54515&pageId=95198 http://www.clayton.k12.ga.us/cms/One.aspx?portalId=54515&pageId=95198

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10.4 Each Proponent must confirm Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

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

11. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Agreement that may be awarded pursuant to this RFP are set forth in Appendix B, General Terms and Conditions. Proponent must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Proponent, if any. For purposes of this section, “Proponent” shall mean an individual, corporation or other corporate entity submitting a response in connection with this solicitation, including each Joint Venture partner if Proponent is a Joint Venture.

12. Protests: Protests dealing with specifications or the solicitation shall be filed not later than three (3) working days prior to the response due date. Other protests shall be filed no later than three (3) working days after the response 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.

Proponent 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.

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GENERAL INFORMATION

1. INTRODUCTION

Clayton County Public Schools (”CCPS” or “District”) is soliciting proposals from firms

(“Proponent”) to provide Large Kitchen Equipment for CCPS as needed. A detailed

Scope of Services (“SOS”) is set forth in this RFP.

2. BACKGROUND

Clayton County Public Schools (CCPS) is fully accredited through Cognia. The district offers a focused world-class program based on a challenging curriculum which is taught from pre-kindergarten through 12th grade. Serving over 52,000 students, Clayton County Public Schools is ranked among the 100 largest school districts in the U.S. Made up of 67 schools and a variety of programs, the school system has over 6,200 employees.

3. OBJECTIVE

CCPS is seeking proposals from firms with proven experience to provide commercial kitchen equipment for the school kitchens. The awarded vendor is expected to conduct an area assessment where the new equipment will be installed, including the removal and discarding all of the old equipment after the Nutrition Maintenance Supervisor has performed and completed an assessment of the current kitchen equipment to be discarded.

The awarded vendor will also provide training to the School Nutrition Staff on all of the commercial kitchen equipment in accordance to the manufacturer instructions.

4. INTENT TO AWARD

CCPS intends to make one (1) award; however, CCPS reserves the right to make one

(1) award, multiple awards or no award for RFP No: 006-25 Large Kitchen Equipment for School Nutrition.

5. TERM OF AGREEMENT

The Contract shall commence within ten (10) calendar days after receipt of the Notice to Proceed.

RFP 006-25 Large Kitchen Equipment for School Nutrition

Initial Here

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 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 the 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.

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.

6. SCOPE OF SERVICES

Proponents must comply with all Federal, State of Georgia and local regulations and laws applicable to provide the Large Kitchen Equipment for School Nutrition.

Proponents must provide all services as requested in this RFP in accordance with Scope of Services attached hereto and incorporated herein by reference.

7. MINIMUM REQUIREMENTS

7.1 Proponent must have three (3) years of experience providing Large Kitchen

Equipment for School Nutrition for a school district or other organizations similar in size to CCPS .

7.2 Proponent must submit the required electrical and plumbing license with the RFP. Failure to not do so may cause the RFP to be considered non-responsive.

7.3 Proponent must apply the required boiler permit as needed for the RFP.

8. REQUIREMENTS CONTRACT CLAUSE

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

9. EVALUATION PROCESS

CCPS desires to select the Proponent(s) whose response(s) are determined to be the most advantageous considering the technical evaluation criteria listed below. All Responses will be evaluated in accordance with CCPS Policies and Procedures, and the criteria specified in this RFP. An Evaluation Committee will evaluate the

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Responses using the following:

Relative

Weight

ITEM FOR EVALUATION Maximum Points

5% Executive Summary 5

20% Training 20

20% Methodology, Service and Support 20

15% Experience and Performance on other Projects 15

15% Organizational and Financial Capability 15

20% Cost Proposal 20

5% Small Local Business Enterprise

(SLBE) Participation

100% TOTAL SCORE 100

Oral Presentations/Interviews

Oral presentations/interviews may be required before the final selection and award. Additional points for oral presentations, interviews or site visits will be added to the Proponent’s total score.

Scoring

Value

Maximum

Points

10. RESPONSE PREPARATION AND GUIDELINES

10.1 RESPONSE FORMAT:

Proponent must submit a response to Item Number 10.2, 10.3, 10.4, 10.5, and 10.6. If not, the proposal will be deemed non-responsive.

Proponents are required to submit the responses in the following format:

10.1.1 Technical Response. The technical response shall include responses to all of the information requested in the RFP and shall be tabbed to identify the specific components. The Proponent should include all strategies, solutions and services proposed in response to the requirements of the RFP. All forms required by CCPS or provided by the Proponent should be included. Any requests for clarification, exceptions or amendments to the RFP must be clearly identified and labeled and submitted with your technical response. CCPS is under no obligation to accept exceptions and any such exceptions may be a basis for disqualification. Please do not include any cost of any kind in this section. Inclusion of cost in the Technical Proposal may cause a proposal to be excluded for non-compliance.

10.2.1 Cost Proposal. The Cost Proposal Form affixed hereto as Attachment

B, must be completed in its entirety, signed and uploaded separately from the Proponent’s Technical proposal. The Cost Proposal Form will become a part of any contract resulting from this RFP. CCPS may solicit

Best and Final Offers, and discussions may be conducted with responsible proponents who submit proposals determined reasonably susceptible to being selected for award.

Please do not include exceptions to the RFP in the Cost Proposal.

Please do not include any exceptions, assumptions or clarifications to the RFP in the Cost Proposal. Inclusion of exceptions in the Cost

Proposal may cause a proposal to be excluded for non-compliance.

10.2 CONTENTS OF TECHNICAL RESPONSE

The Response shall include a reply to all of the information requested in this

RFP. Brevity and specificity are encouraged. Concise presentation of pertinent information and organization of the submittal will be part of the evaluation.

CCPS prefers a well-planned, straightforward business presentation with brief explanations. Responses with verbose or disorganized responses will be judged accordingly. The Response format described herein may not fully capture the particulars of all the information requested by the RFP. Should there be any doubt as to where to place any information, use best judgment.

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The following is a more detailed description of the requirements of certain portions of the Technical Response. The Technical Response shall be tabbed and organized as follows, with a suggested total page limit of one-hundred (100)

(excluding the Required Form Submittals).

10.2.1 Letter of Transmittal. Letter transmitting the Response, identifying the team members and providing a designated point of contact, including name, title, address, email address, telephone and fax numbers of one (1) individual to whom all future correspondence and/or communications should be directed by CCPS concerning this solicitation. The letter should include a narrative statement of the

Proponent’s approach to providing the Goods and Services solicited in this RFP.

10.2.2 Executive Summary. The purpose of the Executive Summary is to provide an overview of the Proponent’s qualifications to accomplish the project. At a minimum, the Executive Summary must contain the following information:

10.2.2.1 Complete legal name of the Proponent and the name of the legal entities that comprise the Respondent. The Proponent must provide the domicile where each entity comprising it is organized, including entity name, brief history of the entity, contact name, address, phone number, email, and facsimile number, as well as the legal structure of the entity and a listing of major satellite offices;

10.2.2.2 A declarative statement as to whether;

10.2.2.2.1 Proponent or any member of the Proponent’s team

has an open dispute with CCPS or is involved in any litigation associated with work in progress or completed in both the private and public sector during the past five (5) years;

10.2.2.2.2 Proponent has within the past ten (10) years filed

(or had filed against it) any bankruptcy or insolvency proceedings, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee or assignee for the benefit of creditors. If so, please provide an explanation;

10.2.2.2.3 Proponent has failed to complete work or a

contract awarded to Proponents. If so, please provide an explanation;

10.2.2.2.4 Proponent or any of the Proponent’s personnel, agents, independent Proponents or Sub-

Proponents have been convicted of, or pled guilty or nolo contendere to any felony. If so, please provide an explanation and details.

10.2.2.2.5 Provide a summary of the other sections of the

Response. All sections should fit together into a well-organized highlight of the significant points of the Response.

10.3 Training. Describe how the proponent intends to train the CCPS School Nutrition staff on the large kitchen equipment after the installation has been completed:

10.3.1 Provide an organizational chart, and a short, narrative overview highlighting the roles of Proponent’s training team; and

10.3.2 Provide the names and education for individuals who will be assigned to train the CCPS School Nutrition staff.

10.4 Methodology, Service and Support. The Proponent should describe the procedures and methods that will use be used to assess the old commercial kitchen equipment before installing the new large kitchen equipment. Such information may include but not be limited to:

10.4.1 Provide a designated contact, on behalf of the firm, to serve as the single point of contact for delivering and installing the Large Kitchen Equipment for School Nutrition;

10.4.2 Provide billing contact information to address bills, invoices and process concerns. Please provide a contact name, email address and phone number;

10.4.3 Provide a description of Proponent’s proposed implementation plan and schedule for the Large Kitchen Equipment for School Nutrition;

RFP 006-25 Large Kitchen Equipment for School Nutrition Page 16 of 102

10.4.4 Provide a description of how the Proponent will coordinate with

School Nutrition Supervision about the installation for the Large

Kitchen Equipment for School Nutrition;

10.4.5 Provide a description of the responsibilities and requirements expected from CCPS in terms of staff time and other CCPS resources;

10.4.6 Provide a description of the Proponent’s Customer Service Plan and basis for measuring customer satisfaction; and

10.4.7 Provide any other information deemed important by Proponent.

10.5 Experience and Performance on Other Projects. Describe the Proponent’s experience and qualifications in providing services as described in the Scope of Services. Such Information may include, but not be limited to:

10.5.1 Description of previous experience providing large kitchen equipment for school districts or other organizations.

10.5.2 Provide four (4) references for which Proponent has provided services similar in size and scope. References are to be provided utilizing the References and Release Form provided in Appendix

D, Required Forms.

10.6 Organizational and Financial Capability.

To facilitate the efforts of CCPS to evaluate, verify, and understand the Proponent’s financial capacity, capability and stability to undertake and perform the Services contemplated in this RFP, The Proponent must provide accurate and legible financial disclosures to CCPS as requested below. By definition, a “Proponent” is an individual, entity or partnership submitting a response to this RFP. The Proponent may present additional evidence of financial ability or financial surety it deems appropriate, but must first comply with the following:

10.6.1 Instructions: If the Proponent is an individual, financial disclosures for that individual must be provided. If the Proponent is an entity or partnership, financial disclosures for that entity or partnership must be provided. If the Proponent is a newly formed entity or partnership (formed within the last three years), financial disclosures for that entity or partnership must be provided together with full financial disclosure from the entity’s or partnership’s owners. Financial Disclosure includes a full response to all questions and requests for documentation listed below. The Proponent (and its owners, if applicable) must submit copies of all financial disclosures with its response.

10.6.2 Financial Information: The Proponent and its owners, if applicable, should demonstrate its financial capability and stability by selecting and providing documentation from one of the following three groups of requests below with the Response.

10.6.3 Financial statements for the three (3) most recent consecutive fiscal years, audited by a Certified Public Accountant (“CPA”), including: Income Statement; Balance Sheet; and Statement of Cash Flows.

10.6.4 Financial statements for the three (3) most recent consecutive fiscal years, either reviewed or compiled by a Certified Public Accountant (“CPA”), including: Income Statement; Balance Sheet; and Satisfactory proof of Proponent ’s ability to obtain a Performance Bond for the amount described in Appendix B, if applicable.

10.6.5 Unaudited, self-prepared financial statements for the three (3) most recent consecutive fiscal years, including: Income

Statement; Balance Sheet; Satisfactory proof of Proponent ’s ability to obtain a Performance Bond for the amount described in

Appendix B, if applicable; Letters of Reference; and Dunn and

Bradstreet reports for the last two (2) years.

10.6.6 CCPS will not accept financial statements submitted as a link and requires a password.

11. CCPS STANDARD AGREEMENT

The Draft Agreement included as Attachment C is a standard CCPS document which should be thoroughly reviewed by all Proponents prior to submitting a proposal. Any proposed revisions to the terms or language of this RFP must be submitted in writing with Proponent’s response. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to CCPS, Proponents should review any proposed revisions carefully. Refer to Information and Instructions to Proponents, Award and Execution of Agreement in this RFP. Modifications or additions to the CCPS Standard Contract will not be entertained after contract award.

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12. REQUIRED FORM SUBMITTALS

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

13. ADDITIONAL REQUIREMENTS

13.1 CLEAN AIR/CLEAN WATER STATEMENT

The Proponent/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 sub-grants 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).

13.2 ENERGY POLICY AND CONSERVATION ACT

The Proponent 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).

13.3 CIVIL RIGHTS STATEMENT AND ASSURANCE

13.3.1 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.);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);

V. Executive Order 13166, "Improving Access to Services for

Persons with Limited English Proficiency." (August 11, 2000);

VI. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);

VII. Department of Justice Enforcement Guidelines (28 CFR Parts

35, 42 and 50.3);

VIII. 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

IX. 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).

13.3.2 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

RFP 006-25 Large Kitchen Equipment for School Nutrition Page 20 of 102 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.

13.3.3 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.

13.4 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 (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, 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

“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.”)

13.5 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR 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 sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient 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.

13.6 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.

13.7 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 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 https://word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&wopisrc=https%3A%2F%2Fshealy-my.sharepoint.com%2Fpersonal%2Ftheresa_latta_doe_k12_ga_us%2F_vti_bin%2Fwopi.ashx%2Ffiles%2Fbec010d17c724c4e87ece608c427288c&wdenableroaming=1&mscc=1&wdodb=1&hid=8A04FE9E-9078-9000-F0E7-C0736E5CDF51&wdorigin=Other&jsapi=1&newsession=1&corrid=11953eec-d420-4a88-907b-7316107da6ca&usid=11953eec-d420-4a88-907b-7316107da6ca&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlushFallback https://www.law.cornell.edu/topn/solid_waste_disposal_act https://www.law.cornell.edu/cfr/text/40/part-247 https://www.law.cornell.edu/cfr/text/40/part-247

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13.8 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. 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.

13.9 DOCUMENT REVIEW

The Proponent 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.

14. 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 dangerous. These requirements do not apply to the purchases of supplies or materials or articles.

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

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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 Respondents fair and equal consideration.

IV. Conduct business with potential and current Respondents 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…