RFP Dairy and Non Dairy.pdf

Document provided by the Georgia Department of Education School Nutrition Program Page 1 of 42

White County School Nutrition Program

REQUEST FOR PROPOSAL (RFP)

RFP#: _020124NGC

Request For Proposal Timeline

Proposal Issue Date 02/01/24

Final Date for Written Questions 02/15/24

Proposal Due Date and Time 03/01/24

Proposal Due Location White County School Nutrition 136 Warriors Path Cleveland, GA 30528

Proposal Opening Date and Time 03/01/24

Proposal Opening Location

White County School Nutrition 136 Warriors Path Cleveland, GA 30528 PROPOSAL OPENING WILL NOT BE

PUBLIC

Award Date (per award letter)

Contract Start Date and End Date 07/01/24---6/30/25

Name of Awardee (completed after contract is awarded)

NOTE: This is a standardized sample document, which contains basic contract requirements, however depending on the proposal item, some items may not be applicable. If the bidder is in doubt or has questions regarding the language, its meaning, or intent, PROPOSAL

FOR

NAME OF PRODUCT LABEL SEALED ENVELOPE AS FOLLOWS:

Food “RFP FOOD”

Equipment “RFP EQUIPMENT- SCHOOL NUTRITION”

Paper, Chemical “RFP PAPER AND CHEMICAL PRODUCTS”

Bread “RFP BREAD”

X Milk “RFP MILK AND DAIRY PRODUCTS”

Kitchen Supplies “RFP KITCHEN SUPPLIES”

Décor “RFP CAFETERIA DECOR”

Cafeteria Furniture “RFP CAFETERIA FURNITURE”

Ice Cream “RFP ICE CREAM”

Document provided by the Georgia Department of Education School Nutrition Program Page 2 of 42 it is the responsibility of the bidder to seek clarification prior to submission of the proposal.

DEFINITIONS

Addendum: A change, addition, alteration, correction or revision to a proposal or contract document.

Bidder: A firm, individual, or corporation submitting a proposal in response to this RFP.

Proposal Unit: The unit designation which shall be applicable to all pricing offered for proposal evaluation purposes. Unit cost, freight, fixed fee, estimated usage, and the extended cost shall be stated in terms of the designated proposal unit. In some instances, the proposal unit and the package unit may be the same.

Contract Documents: Consist of the Agreement between the School Nutrition Program and the Vendor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

Damaged Item: Refers to an item that has sustained damage that would allow spillage from the original container, a loss or disfigurement of a label that would hinder identification, contaminated package that would affect the content of that package or any other happening that would affect the quality and/or quantity of the original item.

Dry Food Product: A dry product that does NOT require freezing or refrigeration.

NSLP: National School Lunch Program

Pack size: With some items the proposal unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Bidder will be required to proposal according to the designated proposal unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit: The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold.

This shall also mean packaging being referred to when the term "case price" is applicable.

Request for Proposal (RFP) In awarding a competitive proposal (RFP), a set of award criterion in the form of a weighted evaluation sheet will be provided to each bidder in the initial bid materials. Price alone is not the sole basis for award but remains the primary consideration when awarding a contract. Following evaluation and negotiations (if applicable) a firm fixed price, or a cost reimbursable contract will be awarded. If a cost reimbursable contract is awarded, the contractor must comply with all provisions required in 7 CFR 210.21(f).

SBP: School Breakfast Program

SFA: School Food Authority

Solicitation: A document used by the School Nutrition Program to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all the requirements which the Offerors or Bidders must fulfill and all other factors to be used in evaluating the proposals or proposals.

Vendor: The provider of the goods and/or services under the Contract.

Document provided by the Georgia Department of Education School Nutrition Program Page 3 of 42

SECTION 1

TRANSMITTAL PAGE

The White County School Food Authority (SFA) is requesting sealed proposals for School Nutrition for Milk and Dairy Products. Proposals are due by the date, time and location shown on the Request for Proposal Timeline. Proposals will be opened at the date, time and location shown on the Request for Proposal Timeline.

Sealed Proposals shall be mailed or delivered to:

136 Warriors Path

Cleveland, GA 30528

Questions regarding this Request for Proposal shall be directed to: Abby Rowland; abby.rowland@white.k12.ga.us; 706- 865-2315 ext 1703

INTENT

a) It shall be the intent and purpose of this Request for Proposal (RFP) to cover the terms and conditions under which a successful Vendor shall be responsible to supply and deliver products to the White County Board of Education, School Nutrition Program through sealed proposals. School food authorities shall comply with the requirements of 7CFR 210.21 and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds.

b) The SFA is seeking to identify and select one (1) or more vendors to provide the items as listed in the attached list in Attachment B. The selected vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, the RFP and any applicable Addenda.

c) The SFA reserves the right to accept or reject any or all proposals, or to accept any part of a proposal without accepting the whole thereof, or to accept such proposal as they deem to be in the best interest of the SFA.

I. CONTRACT TIME PERIOD

a) Initial Term: The initial term of this contract, which results from the award of this RFP, shall commence and terminate on the dates shown on the Request for Proposal Timeline (found on cover page).

b) Extension Option: The contract may be extended up to three (3) months at the same proposal pricing, provided mutual agreement by both parties in written form.

c) Renewal Option: This contract may be renewed by mutual agreement of both parties in written form.

(Usually 1-year term with the option to renew 4 additional 1-year terms based on vendor performance.)

mailto:abby.rowland@white.k12.ga.us https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1df897ac0ee53456d33c34fae017b4c8&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d0379c91b8e8c6172c6b2c6215434f62&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21

Document provided by the Georgia Department of Education School Nutrition Program Page 4 of 42

II. PROPOSAL SUBMISSION PROCEDURES

The White County SFA is not liable for any costs incurred by Vendors prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Vendor in responding to this RFP are entirely the responsibility of the Vendor and shall not be reimbursed in any manner by the School Nutrition Program.

a) Proposals must be enclosed in a sealed envelope. The outside of the envelope shall be clearly marked as shown on page #1 of this document entitled “RFP # 020124NGC for WHITE COUNTY SCHOOL NUTRITION”.

b) Proposals must be received by the SFA no later than the date shown on the Request for Proposal Timeline.

c) Late proposals shall not be accepted. The White County SFA shall not be responsible for late receipt of proposals. Proposals must be mailed or delivered to the location as stated above.

Emailed and/or faxed proposals are not acceptable and will not be considered for SEALED PROPOSALS.

An Excel electronic copy or paper copy of the proposal Quote Sheet, along with any alternate or required information must be included inside the sealed proposal package.

d) If the Vendor submits proposal documents with informalities, errors, or omissions such as, but not limited to, non-conforming proposal security, non-conforming non-collusion affidavit or samples, or fails to properly execute and seal the said documents the Vendor, in the SFA’s sole discretion, may be given 72 hours from the time of the proposal opening in which to provide such information to the SFA.

e) The SFA has the right to waive any and all informalities.

III. PROPOSAL OPENING DATE/TIME/PLACE

Proposals will be opened at the date, time and location shown on the Request for Proposal Timeline. Due to the use of an RFP, the bid opening will not be attended by vendors.

IV. AWARD DETERMINATION STATEMENT

a) This RFP is intended to be awarded to a single or to multiple vendors and to result in a firm fixed price contract. All proposal prices shall remain firm for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

b) The award of this RFP is contingent upon available budget funds and approval of the White County Board of Education.

c) The School Nutrition Program will award the contract to the lowest responsive and responsible Vendor(s) meeting all terms, conditions, and specifications of the RFP, within approximately sixty (60) days of the opening of the proposals. Submitted proposal pricing shall remain valid during this sixty-day period. The School Nutrition Program reserves the right, in its sole discretion, to accept or reject any and all proposals or parts thereof.

d) An official letter of acceptance will be forwarded by the School Nutrition Program to the successful Vendor after proposal selection and prior to contract award.

Document provided by the Georgia Department of Education School Nutrition Program Page 5 of 42

e) Upon acceptance and award of a vendor's proposal, the contract between the Vendor and the SFA shall be drafted from (a) the RFP and addenda, (b) the selected proposal response to the RFP by the Vendor and any attachments thereto, and (c) all written communications between the SFA and the

Vendor concerning the transactions.

The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

V. SYSTEM CONTACT INFORMATION

a) This Request for Proposal (RFP) is issued by the White County SFA. All inquiries, clarifications, or interpretations regarding this RFP should be directed by email to:

SFA Director Name: Abby Rowland E-mail address: abby.rowland@white.k12.ga.us

b) Responses to inquiries that affect the content of this RFP will be provided in writing to all recipients of the RFP. It is the responsibility of each Vendor to inquire about any aspect of the RFP that is not fully understood or is believed to be susceptible to more than one interpretation. The SFA will accept only written inquiries regarding this RFP until the date shown on the Request for Proposal Timeline, in order for a reply to reach all Vendors before the proposal closes and to give vendors ample time to respond to any Addenda. Any information given to a prospective Vendor concerning an RFP will be furnished to all prospective Vendors as an Addendum to the RFP if such information is necessary or if the lack of such information would be prejudicial to uninformed Vendors.

VI. VENDOR CONTACT INFORMATION

Vendor Company Name

Street Address

City, State, Zip

Contact Person

Telephone

Email address

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SECTION 2

STANDARD TERMS AND CONDITIONS

This contract between the White County 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 proposals over $100k)

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all proposals $100,000 and over. Please see and complete Attachment E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352):

Vendors that apply or proposal 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 proposals over $25k)

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

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

These regulations restrict awards, sub awards, 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

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III. BUY AMERICAN STATEMENT (Food only) (7 CFR Part 210.21(d))

Contractor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American

Act:7 CFR 210.21(d)) which requires schools and institutions participating in the National School Lunch Program

(NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American:

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

(i) An agricultural commodity that is produced in the United States; and

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

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

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved by the SFA upon request. To be considered for an alternative or exception, the request must be submitted in writing to the SFA, a minimum of

15days in advance of delivery. The request must include:

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

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

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

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

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

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

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IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a) Immediate Termination. This contract will terminate immediately and absolutely if the White County School Nutrition Program determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the White County SFA cannot fulfill its obligations under the Contract, which

(b) determination is at the White County SFA’s sole discretion and shall be conclusive. Further, the White County SFA may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

(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 White County 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 proposal 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 White County 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 White County 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 White County SFA or the State to liability, as determined in the White County SFA’s sole discretion; or

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

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(c) Notice of Default. If there is a default event caused by the Vendor; the White County SFA shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the White County 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 White County 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 White County 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 White County SFA up to and including date of termination.

(e) Termination Due to Change in Law. The White County 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 White County SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the White County SFA; and/or

(ii) The White County 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 White County 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 White County 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 White County SFA under the Contract in the event of termination. The White County 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 White County 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 White County SFA may require;

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

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

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(iv) Cooperate in good faith with the White County 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 White County SFA any payments made by the White County SFA for goods and services that were not delivered or rendered by the Vendor.

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the White 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 proposals, 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.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for proposals 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.”)

VII. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

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

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VIII. CLEAN AIR/ CLEAN WATER STATEMENT (for proposals 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).

CIVIL RIGHTS STATEMENT AND ASSURANCE

The White County School Nutrition Program 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).

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

By accepting this assurance, the White County School Nutrition program agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized

USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the White County School Nutrition Program, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the White County School Nutrition program.

Signature: Abby Rowland

Title: School Nutrition Director

Printed Name: Abby Rowland

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 White 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 State and/or the White 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.

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X. PROPOSAL PROTEST PROCEDURES

a.) Any protest shall be in writing and shall be delivered to the White County Board of Education designated Protest official (list name of person here) at the designated White County Board of Education. 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 White County Board of Education shall in all instances disclose information regarding protests to State Agency.

XI. NON-COLLUSION STATEMENT

"I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal 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 all conditions of this proposal and certify that I am authorized to sign this proposal for the Vendor 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 I

XIII. 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 White 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.

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

XIV. DUTY TO EXAMINE

It is the responsibility of each vendor 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.

XV. EXCEPTIONS TO TERMS AND CONDITIONS

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

XVI. VELOCITY REPORT (where applicable)

Vendor shall supply a velocity report to the School Nutrition Director upon request. It must include Year to Date totals of individual items purchased.

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

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 J.

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SECTION 3

SPECIAL TERMS AND CONDITIONS

I. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment) The School Nutrition Program expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the proposal, the School Nutrition Program may require documentation verifying that a written HACCP plan is followed.

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

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

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

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

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

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

II. PROPRIETARY INFORMATION

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

III. TRADE NAME, LABELS AND OTHER REQUESTS (Where applicable)

a) All items shall be properly labeled. No private labels will be accepted on commercial products.

b) Nutrition data must be provided on all fresh, frozen, and canned meats, grains, combination foods, fruits, and vegetables. Provide information on a flash drive or CD separate from the proposal and marked “NUTRITIONAL INFORMATION”. Or website access must be provided, complete with login information and web address for access with proposal documents.

c) FAILURE TO MEET CN LABEL/PRODUCT ANALYSIS REQUIREMENTS

In the event of loss of state or federal funds due to vendor(s) failure to meet CN Label/Product Analysis Requirements, the vendor(s) shall reimburse losses to District.

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EQUIVALENT/ALTERNATE PRODUCTS

Equivalent/alternate products must be proposal on items where brand name or equal is specified, provided the quality, grade and/or performance of the proposed meets or exceeds the specifications as indicated within the proposal specifications for each item. Samples of alternate/equivalent products shall be provided upon request as indicated below.

The following should be provided with the proposal documents for all alternate/equivalent items proposal:

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

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

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

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

IV. METHOD OF PAYMENT and PRICING INFORMATION

Prices – Prices are to be quoted on the half (1/2) pint cartons/bottles on the basis of per half (1/2) pint. Bid price should be as of the bid opening date.

Escalation Clause: In the event of an increase or decrease in the cost of raw milk prices per 1/2 pint will be increased or decreased .001 cents per 1/2 pint for each 15c CWT, as per the published monthly on the United States Department of Agriculture Marketing Service Federal

Order Number 7.

Prices quoted for juice items and other “dairy products” shall remain fixed for the duration of the contract without escalation or de-escalation.

The vendor is expected to pass market decreases on to the school district. The school district may petition for an invoice decrease based on third party market reports.

b) The successful Vendor warrants that the proposal price(s), terms, and conditions stated in the proposal shall be firm through the proposal process and until the time the award is made at which time prices shall remain firm and fixed for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

c) All proposal prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet. Separate fuel charges will not be added to invoices.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) The School Nutrition Program will make payment within thirty (30) days of receipt of the invoice for properly received goods and services after inspection and acceptance of the product by the SFA. Advance billings are not allowed. Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under conditions as above.

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f) Invoicing

i) Invoices, at minimum, shall consist of the following information:

1. Delivery location and date of delivery

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

ii) Monthly statements will be broken down by school invoice and mailed to the:

District bookkeeper information will be provided to awarded vendor.

V. METHOD OF SHIPMENT/DELIVERY (where applicable)

1) ORDERS:

a. The individual cafeteria manager shall place order daily based on needs to be conveyed as agreed up on by individual districts.

b. Daily deliveries must contain quantities of each type of milk order.

c. Orders shall be for those items “on the current bid only” unless prior approval has been given by the Director of

Food and Nutrition Services. Items without prior written approval will not be paid.

d. No personal orders can be taken and/or delivered.

e. Empty cases must be removed DAILY.

2) DELIVERY:

a. Delivery shall be made to all schools each day, Monday through Friday. Delivery times shall be arranged by the district.

b. Delivery person will be responsible for closing, locking, and securing cooler/milk box and school exterior door when delivery is made after hours

c. Holiday Deliveries: Holiday shall be defined as any week that has less than five (5) school days. If the holiday falls on a scheduled delivery day, the delivery shall be made on a day to be mutually agreed upon by the school district and the successful vendor.

d. Delivery schedules shall be submitted to the Food Service Director for prior approval and shall remain constant from delivery to delivery.

e. Drivers shall place product delivered in the cooler or milk box, whichever is designated by the manager. Driver shall rotate stock when placing milk in designated area. Do not mix milk with different dates within the same crate.

f. No cardboard or paper cases will be accepted.

g. No more than 50 half pints are to be placed in milk crate.

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h. The vendor shall pick up and credit milk on hand prior to school holidays and closings of longer than 5 days duration.

i. The vendor shall make arrangements with Food Service Director regarding return of keys. These should be labeled. Final payment being pending until keys are returned appropriately.

3) HANDLING OF UNUSED/DAMAGED MILK:

a. Unsatisfactory milk (off flavor, damaged…