RFP_DATE_Academy_26_27_Final.docx

REQUEST FOR PROPOSAL (RFP)

FOOD SERVICE MANAGEMENT COMPANY (FSMC)

SCHOOL NUTRITION PROGRAM

RFP NO. SY26-27 FSMC

School Food Authority (SFA): Dekalb Agriculture, Technology & Environment Charter School (D.A.T.E.)

Address: 1492 Kelton Drive, Stone Mountain, GA 30083 Stone Mountain, GA Zip 30083

REQUEST FOR PROPOSAL TIMELINE

Google Meet meet.google.com/pcc-znho-htj Join by phone

Name of Awardee (completed after contract is awarded)

SFA will consider (Must choose one by marking with an X):

|_| Cost-reimbursable Proposal

|X| Fixed meal price Proposal

INTRODUCTION

This document contains a Request for Proposal (RFP) for providing food service management services for D.A.T.E. Academy. This RFP sets forth the terms and conditions applicable to the proposed procurement.

REQUEST FOR PROPOSAL

A. Legal Notice

Notice is hereby given that D.A.T.E. Academy, hereinafter referred to as the SFA, intends to examine alternatives to its present food service program. The offeror to this RFP will be referred to as the FSMC.

No intent should be construed from this legal notice that the SFA intends to enter into a contract with any party for alternative food service unless, in the sole opinion of the SFA, it is in the SFA’s best interest to do so.

All costs involved in submitting a response to this Request for Proposal (RFP) shall be borne in full by the party incurring said cost. Offerors or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the offeror’s own risk, and it cannot secure relief on plea of error. The SFA is not liable for any cost incurred by the offeror in submitting a proposal.

SFA reserves the right to accept any proposal which it determines most favorable to the interest of SFA and to reject any or all proposals or any portion of any proposal submitted which, in SFA’s opinion, is not in the best interest of SFA.

Any contract that may arise from this RFP will be between the FSMC and the SFA and upon acceptance, this document shall constitute the Contract between the offeror and the SFA. The Georgia Department of Education (GaDOE) is not and will not be a party to any contract between an SFA and a FSMC. The SFA has full responsibility for ensuring that the terms of the Contract are fulfilled. However, GaDOE can deny payment to the SFA if the SFA fails to ensure that all parts of the Contract are followed.

Any changes to the terms or conditions of this Contract, which are required by Federal or State law or rule, or changes to Federal or State laws, rules, or citations are automatically incorporated herein, effective as of the date specified in such law, rule, citation, and/or USDA Memo.

In accordance with Federal law and U.S. Department of Education policy, SFAs and FSMCs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

In the event of the FSMC’s nonperformance under this contract or the violation or breach of the terms of this contract, the SFA shall have the right to pursue all available administrative, contractual and legal remedies against the FSMC. 2 CFR Appendix II to Part 200 (A)

B. Procurement Method Procurement Method will be the Competitive Sealed Proposal method (commonly known as a Request for Proposals or RFP). The Competitive Sealed Proposals method differs from the traditional sealed bid method in the following ways:

· Competitive sealed proposals allow discussions with competing offerors and adjustments to the initial proposal.

· Comparative judgmental evaluations may be made when selecting among acceptable proposals for award of the Contract.

All procurement transactions shall be conducted in a manner that provides maximum full and open competition consistent with applicable regulations and compliance with program regulations in accordance with 7 CFR 210,215,220,245, and 250; and FNS instructions and policy, as well as 7 CFR 210.16, 210.21, 250 Sub D, 7 CFR 200.318-326, Appendix II Part 200.

Procurement must be conducted so that there is no apparent or real conflict of interest.

C. Pre-Proposal Meeting

A meeting with interested offerors to review the specifications, to clarify any questions, and for a walkthrough or a virtual walkthrough of the facilities with school officials will be on June 3, 2026 at 10:00 A.M. Location: 1492 Kelton Drive, Stone Mountain, GA 30083. Comment by Teresa Stevenson: Change this if you change the date on the timeline on the front page

The following link is provided for the virtual walkthrough, if applicable: Google Meet - meet.google.com/pcc-znho-htj. Join by phone (US) +1 443-671-8645 PIN:

Attendance is (optional). (Note: If SFA makes attendance by offerors mandatory, then SFA may not waive requirement).

The meeting will be documented with a sign-in sheet. A summary of all information shared, questions asked, and answers will be provided as a numbered addendum(s) to this RFP to all interested parties. The addendum(s) must be signed by FSMCs and returned as part of the RFP/Contract.

Vendor presentations will not be scheduled at this time.

D. Request for Proposal Submission

Proposals will be received until 12:00 P.M. on 06/18/2026 at 1492 Kelton Drive, Stone Mountain, GA 30083, for supplying the SFA with food service management services during the school year of (2026-2027). All proposals will be time-stamped and dated upon receipt. Any proposal submitted after the time specified for receipt will not be considered and will be returned unopened.

All proposals must be submitted in a sealed envelope marked as Food Service Management Proposal, SY26-27 FSMC and also marked on the envelope with the offeror’s complete return address.

Email or facsimile (fax) submissions are not allowed.

Two copies of Competitive Sealed Proposals are to be submitted by US Postal Service (USPS), in person or by courier service to:

Name of SFA School Nutrition Director: Deva Hamilton Mailing Address: 1492 Kelton Drive City: Stone Mountain State/Zip: GA 30083

To be considered, each offeror must submit a complete response to this solicitation using the forms provided, along with any other documents submitted as a part of the Proposal and considered responsive to this RFP. No other documents submitted with the RFP and Contract will affect the Contract provisions, and there may be no modifications to the RFP and Contract language. If the offeror modifies, revises, or changes the RFP and/or Contract in any manner, SFA may reject the offer as non-responsive.

Qualification data shall be submitted by each offeror along with the sealed Proposal. Failure to furnish such records and evidence, or the inclusion of any false or misleading information therein, shall be sufficient cause for rejection of the Proposal or termination of any subsequent Contract. Include the following data:

· Offeror must be incorporated or licensed to do business in the State of Georgia and must be on or willing to be on the utilized list of FSMC vendors with the School Nutrition Division of the Georgia Department of Education (GaDOE). Provide any documents that indicate this listing.

· Annual reports or financial statements for the past fiscal year in the format of an accountant’s review including notes to the financial statements and provided by a certified public accountant.

· Information that the offeror is doing business with like SFAs and is familiar with the regulations pertaining to operations in such environments, must be provided.

· Information that the offeror is presently operating a comparable, successful National School Lunch Program (NSLP) and School Breakfast Program (SBP) in a school setting, must be provided.

· Offeror shall submit for consideration such records of work and further evidence that may be required and requested by the SFA’s Board of Education.

· Sample monthly menu for breakfast and lunch, including nutritional analysis.

· Outline of delivery plan, including descriptions of backup plan in case of emergency

· A list of K-12 NSLP contracts over the last 3 years, noting which have been renewed, cancelled, or

· non-renewed.

As provided herein, under state law and, or regulations and the SFA’s local policy, discussions may be conducted with responsible offerors who submit proposals determined to be considered for award selection. Discussions will be for the purpose of clarification, to assure full understanding of all terms and conditions of the response to this RFP and the Contract’s requirements. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

If additional information is requested to adequately respond to this RFP, please contact Deva Hamilton in writing at dhamilton@dateacademy.org and Shevika B. Mitchell at shevika@chosenschoolops.com. Any additional information provided to one offeror will be available to all.

Competitive sealed proposals are subject to all conditions and specifications attached hereto.

D.1-Opening of Proposal:

Opening will be at 12:30 P.M. on 06/19/2026 at 1492 Kelton Drive, Stone Mountain, GA 30083. This proposal will not be opened publicly. Proposals will not be accepted after the date and time as indicated in the RFP Timeline as the proposal due date. A State Agency (SA) representative shall accompany the opening of the proposals by means of virtual or in person avenues. No proposal may be altered, amended, or withdrawn after the specified time for opening proposals. Comment by Teresa Stevenson: Added this sentence here.

E. Proposal Award Criteria

Award will be made only to a qualified and responsible offeror whose Proposal is responsive to this solicitation. A responsible offeror is one whose financial, technical, and other resources indicate an ability to perform the services required. All proposals are to be safeguarded by the SFA. Proposals will be evaluated by an SFA committee based on the offer per meal/meal equivalent and the criteria, categories and assigned weights as stated below (to the extent applicable). Each SFA committee member will score the proposals independently before the committee identifies the most advantageous response. Committee members must consist of SFA employees familiar with the regulations and requirements of the child nutrition programs, parents, teachers and/or administrators. If a committee member is an agent for, employee of or in any manner associated with a FSMC, that FSMC may not participate in the RFP and subsequent contract. Once a potential awardee is selected, after negotiations, the SFA will notify the SA for approval before the Contract is awarded.

The offerors will be notified after all responses have been scored as to the status of their proposals. No information is released until after the award is made.

Weighted Evaluation Criteria

The SFA must determine in advance of issuing the RFP what percentage each category below will be given when comparing proposals. SFA may amend, delete or add additional categories if needed with an overall 100 points total. However, SFA may not include a category of prior experience with an SFA as it would violate USDA’s free and open competition regulation for procurement. A cut-off score must be pre-set by the SFA. Proposals that score under the cut-off score will not be considered for a contract and will be notified in writing. Only offerors that meet or exceed the cut-off score will enter into negotiations for a contract. The RFP must establish a level playing field for all offerors that submit proposals. Review the Criteria Award Table for the weighted percentages.

Criteria Award Table

(25) points Cost & Financial Proposal (must be the highest points)

(15) points Service Capability Plan (Identifies proposed food service team such as Food Service Director and demonstrates FSMC’s ability to provide services as stated in the RFP/Contract)

(10) points Experience, References

(10) points Doing business with like school systems and familiarity with regulations pertaining to such operations/References

(10) points Financial Condition/Stability, Business Practices

(10) points Accounting and Reporting Systems

(5) points Personnel Management

(5) points Innovation

(5) points Promotion of the School Food Service Program (Ex: Georgia Grown, Farm to School)

(5) points Involvement of Students, Staff, and Patrons

(N/A) Other (SFA may add additional categories such as taste-testing or samples)

100 points TOTAL

F. Proposal Protest Procedures

Any protest shall be in writing and shall be delivered to the SFA’s designated Protest official at the designated Protest official for D.A.T.E. Academy: Keidra Taylor. 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.

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

The D.A.T.E. Academy Board of Directors shall in all instances disclose information regarding protests to the State Agency.

G. Firm Offer

By submitting a response to this RFP, and if such response is not withdrawn prior to the time for opening of proposals, offeror understands and agrees that they are making a firm offer to enter into a Contract, which may be accepted by the SFA, and which will result in a binding Contract.

Such proposal is irrevocable for a period of ninety (90) days after the time for opening of proposal has passed. _______________.

(FSMC must initial and date here to show agreement)

H. Final Contract

The complete Contract includes all documents included by the SFA in the RFP, all documents submitted by the FSMC that have been mutually agreed upon in writing by both parties (i.e., worksheets, attachments, and operating cost sheets) and approved in writing by the State Agency (SA).

Paying the FSMC from School Nutrition Program funds is prohibited until the Contract is signed by the SFA, awarded vendor, and approved in writing by the SA. Also, any renewals, amendments or addendums to the Contract must receive SA written approval before executing these modifications. 2 CFR 200.324(a) states that the SFA must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold, including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the SFA must make independent estimates before receiving any modifications. After written approval is received, all signed renewals, amendments and addendums will be sent to the SA and maintained on file by the SFA and FSMC.

The approved, signed and dated contract by both parties will be sent to the SA and kept on file for five years plus the current year and a final copy sent to the FSMC to maintain on file.

DEFINITIONS AND TERMS

The following definitions shall apply within this document and its attachments:

1. Accounting Period: a specific period of time (e.g., each month)

2. Allowable Cost: costs that are allowable under 2 CFR Part 200 Subpart E Cost Principles.

All costs must be necessary and reasonable to be allowable.

3. Applicable Credit: the meaning established in 2 CFR Part 200 Subpart E Cost Principles and 2 CFR 200.406, respectively.

4. Calculation of Time: periods of time, stated as a “number of days”, shall be calendar days.

5. Charge: any charge for an Allowable Cost that is: (i) incurred by FSMC in providing the goods and services that are identified in SFA’s Food Service Budget (ii) not provided for in the General and Administrative Expense Fee; and (iii) established and reasonably allocated to SFA in accordance with the Methodology for Allocated Costs, which is attached under the cost reimbursable section, and fully incorporated herein by reference.

6. Contract: this approved RFP and Contract, the exhibits attached to this RFP and Contract, and FSMC’s Proposal, as accepted by SFA in its sole discretion.

7. Cost-reimbursable contract: a contract that provides for payment of incurred costs to the extent prescribed in the Contract, with or without a fixed fee.

8. Direct Cost: any Allowable Cost that is: (i) incurred by FSMC in providing the goods and services that are identified in SFA’s Food Service Budget; and (ii) reasonably necessary in order for FSMC to perform the Services hereunder. The term Direct Cost does not include any cost allocated to SFA as Charges, the General and Administrative Expense Fee, or any Management Fees.

9. Donated Foods: i.e. USDA Foods 7 CFR 210.16 (c)(4) and 7 CFR 250.2

10. Effective Date: July 1, 2026.

11. Fixed Meal Price: an agreed upon amount that is a fixed cost per meal or a fixed cost at the inception of the Contract and is guaranteed for a specific period of time.

Fixed Fee: an agreed upon amount that is fixed at the inception of the Contract. In a cost reimbursable contract, the fixed fee includes the contractor’s direct and indirect administrative costs and profit allocable to the Contract.

The fixed-price and fixed-fee contracts may include an economic price adjustment provision tied to a standard index.

12. FSMC’s Proposal: Food Service Management Company’s response to the RFP and Contract.

13. GaDOE: Georgia Department of Education

14. Meal Equivalent for a fixed -price contract: Used to determine payment to the FSMC for non program food such as adult meals, milk sales, a la carte, catering, etc., as well as other reimbursable (SBP, SFSP, ACS, SMP) meals when a separate price is not proposed for meals other than NSLP. The other meals and non-program sales are converted into Meal Equivalents using the meal equivalency formula. The meal equivalency factor and meal equivalency formula shall remain fixed for the term of the Contract and all renewals. A la carte revenue should include all sales to adults and a la carte sales to students. (FSMC Guidance for SFA’s, 2016 edition)

15 Non-profit School Food Service Account: the restricted account in which all of the revenue from all food service operations conducted by the SFA principally for the benefit of school children is retained and used only for the operation or improvement of the nonprofit school food service.

16. Program(s) or Child Nutrition Program(s): the USDA Child Nutrition Programs in which the SFA participates.

17. Program Funds: all funds that are required to be deposited into the Non-profit School Food Service Account.

18. Proposal: Food Service Management Company’s response to the RFP and Contract.

19. RFP: SFA’s Request for Proposal and Contract, and all of its attachments.

20. SA: State Agency of the Georgia Department of Education School Nutrition Division

21. Services: the services and responsibilities of FSMC as described in this Contract, including any additional services described in Section O of this Contract.

22. SFA or School Food Authority: the school food authority as defined in 7 CFR § 210.2. as the governing body which is responsible for the administration of one or more schools; and has the legal authority to operate the Program therein or be otherwise approved by FNS to operate the Program.

23. SFA’s Food Service Budget: the Food Service Budget for the Current School Year, which is attached to this Contract as Exhibit C and fully incorporated herein.

24. SFA’s Food Service Facilities: the areas, improvements, personal property and facilities made available by SFA to FSMC for the provision of the food services as more fully described herein.

25. SFA’s Food Service Program: the preparation and service of food to the SFA’s students, staff, employees and authorized visitors, for the following programs as identified in the SFA’s RFP and Contract, which may include the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the After School Care Program, the Fresh Fruit and Vegetable Program (FFVP), Seamless Summer Option (SSO),Summer Food Service Program (SFSP) and a la carte food service.

26. SFA’s Food Service Location(s): the schools or other locations where Program meals are served to SFA’s schoolchildren.

27. Summer Program: either the Summer Food Service Program (SFSP) or the Seamless Summer Option (SSO) identified herein below, and in which SFA participates.

28. USDA FNS: United States Department of Agriculture, Food and Nutrition Service

29. USDA Foods: i.e. donated foods 7 CFR 210.16 (c)(4) and 7 CFR 250.2

STANDARD TERMS AND CONDITIONS

A. Scope and Purpose

1. Duration of Contract. Unless it is terminated, this Contract will be in effect for a period of one year commencing on July 1, 2026, and terminating on June 30, 2027and may be renewed for four (4) additional terms of one year each upon mutual written agreement between SFA and FSMC.

Extension Option -The Contract may be extended up to three (3) months at the same proposed pricing provided mutual written agreement by both parties and only due to an unprecedented natural disaster or occurrence or other waivers issued by USDA regarding an extension for FSMC contracts.

2. During the term of this Contract, FSMC shall operate SFA’s Food Service Program in conformance with SFA’s agreement with the Georgia Department of Education’s (GaDOE) School Nutrition Division (SND). Both SFA and FSMC will follow Federal regulations in 7 CFR 210.16, 210.21, 250 and 2 CFR 200.

3. FSMC shall have the exclusive right to operate the programs checked below at the sites specified by SFA in the Schedule of Food Service Locations and Services Provided, which is attached to this Contract as Exhibit A and fully incorporated herein. (Check only the programs SFA operates. If SFA anticipates operating any other programs in the foreseeable future, SFA should check the box marked other and identify the programs and year in which SFA reasonably foresees it may operate the program). If a program is added later (i.e., a breakfast program) which is beyond the scope or original intent of this RFP/Contract, or if a material change is made to the RFP/Contract, the appropriate procurement procedures must be followed. (Reference 97SP-30, FNS Policy Memo, July 2005 Procurement Questions; and 2016 FSMC Manual; SP 28-2009; SP 02-2010; and SP 17-2012.) Any change to the scope of services to be provided by FSMC that is beyond the scope or original intent of this RFP/Contract, including the addition of a program such as breakfast (SBP) or summer food (SFSP), may be considered a material change. The SFA must evaluate the total cost and scope of the change to the existing contract and determine if a material change would occur. A key factor in determining whether a change is material is whether other offerors knowing of the change would have offered differently The SA must be notified of the determination, provided documentation, and give final written approval before the change may be implemented. If the change to the contract is considered a material change, a new solicitation must be issued. (Reference, FNS policy memo: July 2005 Procurement Questions)

SFA Programs: (mark each applicable one with X)

|X| National School Lunch Program (NSLP)

|X| School Breakfast Program (SBP)

|X| After-School Care Program (snack service) (ASCP—NSLP)

|X| Seamless Summer Option (SSO-NSLP)

|_| Special Milk Program (SMP)

|X| Fresh Fruit and Vegetable Program (FFVP)

|_| À la Carte

|_| Adult Meals

|_| Catering

|_| Contract Meals

|_| Vending (applies only to FSMC supplied vending machines)

|_| Concessions (applies only to concessions operated by FSMC)

|_| Other: __________________________________________________________________________

4. FSMC shall

a. be an independent contractor and not an employee of the SFA. The employees of the FSMC are not employees of the SFA.

b. implement an accurate point of service count using the counting system provided by SFA in its application to participate in the Child Nutrition Programs and approved by GaDOE for the sites listed in Exhibit A: Site Information and the programs listed above, herein, as required under USDA regulations. Counting system must eliminate the potential for the overt identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8. Take reasonable cybersecurity and other measures to safeguard information, including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.

c. operate SFA’s Food Service Program and shall include performance by FSMC of all the Services, described in this Contract, for the benefit of SFA’s students, faculty and staff.

d. maintain all records necessary, in accordance with applicable regulations, for SFA, GaDOE and USDA to complete required monitoring activities and must make said records available to SFA, GaDOE, and USDA upon request for the purpose of auditing, examination and review. 7 CFR § 210.16(c)(1).

e. cooperate with SFA in promoting nutrition education, health and wellness policies and coordinating SFA's Food Service Program with classroom instruction and must comply with SFA’s local wellness policy.

f. comply with applicable federal, state and local laws, rules and regulations, policies, and instructions of GaDOE and USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Parts 210, 220, 245, 250, 7 CFR 200.317-200.326; 7 CFR Part 215 (SMP), if applicable; and 7 CFR Part 225 (SFSP), if applicable; Section 19 of the NSLP Act (FFVP); and OMB Circulars, and the other laws described in the “Schedule of Applicable Laws,” and fully incorporated herein by reference.

g. comply with all SFA building rules and regulations.

h. provide additional food service such as banquets, parties, and refreshments for meetings as requested by SFA. SFA or requesting organization will be billed for the actual cost of food, supplies, labor, and FSMC’s overhead and administrative expenses if applicable for providing such service.

USDA commodities shall not be used for these special functions unless SFA’s students will be primary beneficiaries. (Reference All State Directors’ Memo 99-SNP-14).

i. agree to operate the Program according to federal, state, and local regulations in the event that the RFP requires FSMC to provide management services for SFA’s SFSP or Seamless Summer option

(SSO).

j. agree to operate the FFVP in accordance with the requirements of Section 19 of the National School Lunch Act, all applicable regulations and policies, and the FFVP Handbook for Schools, as well as USDA guidance issued via memorandum and the Administrative Review Manual (ARM) in the event that FSMC provides management services for the Fresh Fruit and Vegetable Program (FFVP).

FSMC further agree that no more than 10% of the total funds awarded to the school and/or schools for operation of the FFVP may be used for administrative expenses.

k. obtain and post all licenses and permits that are required to be held under federal, state, or local law.

l. agree that this Contract is neither a cost-plus-a-percentage-of-income nor a cost-plus-a-percentage of-cost contract as required under United States Department of Agriculture (USDA) Regulations 7 CFR §210.16(c) and 2 CFR 200.324(c).

m. agree that no child who participates in the NSLP, SBP, SMP, ASCP, CACFP, SSO, or SFSP will be discriminated against on the basis of race, color, national origin, sex, age, or disability.

5. SFA shall be responsible for

a. signature authority for the application/contract, free and reduced-price policy statement, and programs, herein, and the monthly claim for reimbursement. 7 CFR §210.9(a) and (b) and 7 CFR §210.16(a)(5).

b. development and distribution of the parent letter and Application for Free and Reduced Price Meals and/or Free Milk and participating in Direct Certification.

c. implementation of eligibility for free or reduced-price policy for meals and free milk, as applicable, in accordance with 7 CFR Part 245.

d. conducting any hearings related to determinations.

e. verification of applications for Free and Reduced-Price Meals as required by USDA regulations.

f. establishment and maintenance of the free and reduced-price meals’ eligibility roster. 7 CFR § 210.7(c), 7 CFR § 210.9(b) (18) and 7 CFR § 245.6(e).

g. ensuring the FSMC conducts the SFA’s Child Nutrition Programs’ operations in accordance with regulations.

h. supervision of the food service operations in such manner as will ensure compliance with all applicable statutes, regulations, rules and policies including regulations, rules, and policies of Ga DOE and USDA regarding the Child Nutrition Programs.

i. establishing all selling prices, including price adjustments, for all reimbursable and non-reimbursable meals/milk and a la carte (including vending, adult meals, contract meals, and catering) prices.

(Exception: Non-pricing programs need not establish a selling price for reimbursable meals/milk.)

j. control of the Non-profit School Food Service Account and overall financial responsibility for SFA’s Food Service Program.

k. ensuring the resolution of Program reviews and audit findings. FSMC shall fully cooperate with SFA in resolving review and audit issues. FSMC shall indemnify SFA for any fiscal action, claims, losses or damages, fault, fraud, required repayment or restoration of funds, including reasonable attorney’s fees incurred in defending or resolving such issues, that results from FSMC’s intentional or negligent acts.

l. monitoring the food service operation of FSMC through periodic on-site visits to ensure that the food service is in conformance with USDA program regulations. 7 CFR § 210.16(a)(3).

m. conducting an on-site review of the counting and claiming system at each SFA Food Service location no later than February 1 of each year if there is more than one SFA Food Service location.

n. the counting and claiming system. 7 CFR § 210.8(a)(1).

o. retaining control of the quality, extent, and general nature of the food service.

p. requesting additional food service programs of the FSMC; however, the SFA reserves the right, at its sole discretion, to sell or dispense food or beverages, provided such use does not interfere with the operation of the Child Nutrition Programs. Any food and beverages must meet the USDA Smart Snacks.

q. agreeing to operate the Program according to federal, state, and local regulations, in the event that the RFP requires FSMC to provide management services for SFA’s SFSP or Seamless Summer option (SSO).

r. agreeing that in the event the FSMC provides management services for the Fresh Fruit and Vegetable Program (FFVP) at any of SFA’s Food Service Locations, the FSMC will operate the FFVP in accordance with the requirements of Section 19 of the National School Lunch Act, all applicable regulations and policies, and the FFVP Handbook for Schools, as well as USDA guidance issued via memorandum and the Administrative Review Manual (ARM). SFA and FSMC further agree that not more than 10% of the total funds awarded to the school and/or schools for operation of the FFVP may be used for administrative expenses.

s. obtaining and posting all licenses and permits that are required to be held under federal, state, or local law.

t. ensuring that its officers, employees, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from contractors nor potential contractors in accordance with all laws, regulations, and policies. To the extent permissible under federal, state, or local laws, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards. (See SP 09-2015; and 2 CFR Parts 200.112 & 318).

u. agreeing that this Contract is neither a cost-plus-a-percentage-of-income nor a cost-plus-a-percentage-of-cost contract as required under United States Department of Agriculture (USDA) Regulations 7 CFR §210.16(c) and 2 CFR 200.324(d).

v. ensuring that any additional payments to the SFA or any foundations or organizations associated with the SFA that are unrelated to food service, such as money or rebates for school improvements and student scholarships are not allowable.

w. ensuring that payments on any claim shall not prevent SFA from making a claim for adjustment on any item found not to have been in accordance with the provisions of this RFP and Contract and proposed specifications.

x. agreeing that no child who participates in the NSLP, SBP, SMP, ASCP, CACFP, SSO, or SFSP will be discriminated against on the basis of race, color, national origin, sex, age, or disability.

y. Take reasonable cybersecurity and other measures to safeguard information, including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.

B. Food Service

FSMC shall:

1. serve meals on such days and at such times as requested by SFA.

2. offer free, reduced-price, and full-price reimbursable meals to all eligible children participating in SFA’s Food Service Programs.

3. offer free, reduced-price, and paid reimbursable meals to all eligible children, in order to offer a la carte food service.

4. provide meals that meet the meal pattern set by USDA.

5. promote maximum participation in the Programs.

6. provide the specified types of service in the schools/sites listed in Exhibit A.

7. sell on the premises only those foods and beverages authorized by SFA and only at the times and places designated by SFA, and that meet School Nutrition Program requirements.

8. make substitutions in the food components of the meal pattern for students with disabilities when their disability restricts their diet as stated in the students’ Individual Educational Plans (IEPs) or 504 Plans and when the need for the substitution is certified by an appropriately licensed medical practitioner. Substitutions for disability reasons must be made on a case-by-case basis only when supported by a written statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Such statement must be signed by an appropriately licensed medical practitioner (reference: 7 CFR §210.10(g)(1); and SP 30-2015). The FSMC may make a substitution for those nondisabled students who are unable to consume regular breakfast or lunch because of medical or other special dietary needs. Substitutions for students without disabilities who cannot consume the regular lunch or afterschool snacks because of non-disabling medical or other special dietary needs must be made on a case-by-case basis only when supported by a statement from a licensed medical authority except in the case of fluid milk substitutions (reference: 7 CFR §210.10(g)(2)). There will be no additional charge to the student for such substitutions. (USDA, Accommodating Children with Special Dietary Needs in the School Nutrition Programs Guidance for School Food Service Staff.)

9. make substitutions for fluid milk for non-disabled students who cannot consume fluid milk due to medical or special dietary needs. Substitutions shall be made when a medical authority or student’s parent or legal guardian submits a written request for a fluid milk substitute identifying the medical or other special dietary need that restricts the student’s diet. Approval for fluid milk substitutions shall remain in effect until the medical authority or the student’s parent or legal guardian revokes such request in writing, or SFA changes its substitution policy for non-disabled students. Fluid milk substitutes shall provide nutrients as required by federal and state regulations. There will be no additional charge to the student for such substitutions. 7 CFR § 210.10(g) and 7 CFR § 220.8

10. not directly or indirectly restrict the sale or marketing of fluid milk at any time or in any place on school premises or at any school sponsored event. 7 CFR 210.21(e)

11. must comply with all state and local laws that affect school meal preparation and/or service.

C. Use of Advisory Group/ 21-day Cycle Menus

1. SFA shall establish, and the FSMC shall participate in the formation, establishment, and periodic meetings of SFA advisory board composed of students, teachers, and parents to assist in menu planning. 7 CFR § 210.16(a) (8)

2. SFAs with no capability to prepare a cycle menu may, with GaDOE approval, require that each FSMC include a 21-day cycle menu, developed in accordance with the provisions of 7 CFR 210.10, with its proposal. The FSMC must adhere to the cycle for the first 21 days of meal service. Source of cycle menu must be noted on the RFP cycle menu. 7 CFR 210.16(b)(1). After the first 21-day cycle, the FSMC must follow the outline steps in # 6 below.

3. FSMC shall serve meals that follow the 21-day menu cycles that meet the food specifications contained in Food Specifications, which is attached to this Contract as Exhibit E and fully incorporated herein, and that meet School Nutrition Program requirements. Additionally, SFA and FSMC shall agree to detailed Meal Specifications for each meal included in the 21-day cycle menus in Program Cycle Menus, which are attached to this Contract as Exhibit B and fully incorporated herein. At a minimum, such Meal Specifications shall include: (i) a recipe for each menu item that includes the total yield, portion size, ingredients and all USDA-required nutrient information; (ii) the identity of all branded or equivalent items that may be used in the meal; and (iii) whenever possible, the grade, style and condition of each food item and other information that indicates the acceptable level of quality for each food item. FSMC shall provide a detailed recipe for each Meal Specification identified in the NSLP menu cycle. A hard copy of these recipes shall be kept on file with SFA.

4. FSMC must follow: (i) the 21-day menu cycle and Meal Specifications developed by SFA for the NSLP; (ii) the 21-day menu cycle and Meal Specifications developed by SFA for the SBP;

(iii) the 21-day menu cycle and Meal Specifications developed by SFA for the After School Snack Program; and (iv) the 21-day menu cycle and Meal Specifications developed by SFA for the Summer Program. 21-day menu cycle can be furnished by the FSMC as part of this proposal, if approved by the SFA and the menu meets all state and federal requirements.

5. FSMC shall serve a la carte items that follow a 21-day menu cycle contained in Exhibit B and that meet all state and federal School Nutrition Program requirements. Additionally, SFA and FSMC shall agree to detailed a la carte specifications for each a la carte item included in the 21-day cycle menu; at a minimum, such specifications shall include:

(i) a recipe for each menu item that includes the total yield, portion size, ingredients and all USDA required nutrient information;

(ii) the identity of all branded or equivalent items that may be used in the meal; and

(iii) whenever possible, the grade, style and condition of each food item and other information that indicates the acceptable level of quality for each food item. FSMC shall provide a detailed recipe for each Meal Specification identified in the a la Carte menu cycle. A hard copy of these recipes shall be kept on file with SFA.

6. FSMC may not change or vary the menus after the first menu cycle for the NSLP, SBP, ASCP, Summer Program or the a la carte items without written approval of SFA. SFA shall approve the menus no later than two weeks prior to service. (Reference 7 CFR §210.16 (b)(1) and 7 CFR §210.10) Any changes or variances requested by FSMC for substitutions to SFA menu of lower quality food items shall be justified and documented in writing by FSMC and approved by the SFA. FSMC must maintain documentation for substitutions and justification of lower quality food items for the records retention period that is applicable to food production records and shall make such documentation available to SFA, GaDOE and USDA for review upon request. (7 CFR 210.16(c) (1) and 7 CFR §210.23)

7. If the SFA participates in the FFVP (Fresh Fruit and Vegetable Program), the FSMC must submit a FFVP cycle menu, based on the information contained in the 2004 Resource, Fruits and Vegetables Galore: Helping Kids Eat More, available from the FNS website, and as described in current guidance from USDA and GaDOE.

D. Purchases

1. Whether SFA conducts its own procurement or whether FSMC procures products on behalf of SFA, FSMC may not require any additional liability coverage, regardless of dollar value, beyond that which SFA would require procurements not involving FSMC.

2. If the SFA participates in the FFVP, FSMC shall document and track all FFVP expenses separately and make this documentation easily accessible for SFA or GaDOE review. Cost should be broken into two categories, operational cost and administrative cost.

a. Operational cost should cover the primary cost to run the FFVP to include purchase of fruits and vegetables, including the cost of pre-cut produce and delivery of charges; non-food items or supplies that are used in serving and cleaning; and salaries and fringe benefits for employees engaged in preparing and distributing fresh fruits and vegetables, and in maintaining a sanitary environment.

b. Administrative costs are used principally to support planning and managing the program. Administrative costs cannot exceed ten (10%) percent of SFA’s FFVP costs. SFA is required to strictly scrutinize all requests for reimbursement of FFVP costs, to ensure that those costs are: (i) allowable; (ii) actual costs; (iii) fully documented; (iv) utilized to purchase fresh fruits and vegetables in accordance with applicable law and regulations; and (v) do not request reimbursement for more than 10% for administrative costs. GaDOE will monitor SFA and FSMC to ensure strict compliance with this provision.

3. SFA must check one of the purchasing options stated herein below:

(Note: SFA may not change the purchasing option once it has issued its RFP. Any change would be considered material and require SFA to either begin its procurement process again so that all offerors have the same opportunity or require SFA to pay FSMC using funds other than School Nutrition funds.):

a. SFA will do all purchasing for School Nutrition Program (SNP).

b. Except for Section P, Optional Requirements, Paragraph 2, SFA will do all purchasing for SNP.

c. |X|For Fixed-Price Per Meal Contracts: FSMC will buy the beginning inventory, exclusive of commodities, from SFA.

4. SFA and FSMC acknowledge that, to the extent required by 7 CFR § 210.21 (d) and 2 CFR Part 200.322, SFA must to the maximum extent practicable purchase only domestic foods and food products that are processed in the United States using over 51% domestic foods. FSMC must document, and SFA approve, the use of non-domestic food when competition reveals the cost of domestic food is significantly higher than non-domestic food and/or when food is not produced or manufactured in sufficient quantities domestically to be available in satisfactory quantities.

5. SFA and FSMC acknowledge that to the extent required by Georgia Education Code § 44.042(a), unless preempted by federal law or regulations, SFA or FSMC, if box c has been checked in paragraph 3 herein above, will use best efforts to purchase agricultural products produced, processed or grown in Georgia if the cost and quality are equal. The availability of Georgia products is expected by SFA. The Farm to School relationship should be enhanced, encouraged, and supported by any vendor supplying goods to SFA. Therefore, SFA will always give preference to items that can be delivered within 24 hours of harvest or production. It is encouraged that the FSMC submit a list of locally grown, processed, and manufactured items available through them for consideration on a regular basis. The products must be labeled, and a good faith effort put forward by FSMC to purchase local first when available. In keeping with our mission of establishing relationships, we advocate for a fair price be paid to farmers to help make this important segment of our business sustainable. The evaluation and scoring of how these preferences will be calculated will be outlined in the proposal award criteria table.

E. USDA Foods, i.e. Donated foods

SFA shall:

1. retain title to all USDA Foods.

2. ensure that FSMC has credited the SFA for the value of all USDA Foods received for use in SFA’s meal service in the school year. 7 CFR § 250.51(a) USDA Department of Defense (DoD) fresh fruit and vegetable program is considered USDA foods.

3. maintain responsibility for procuring processing agreements, private storage facilities, or any aspect of financial management relating to USDA Foods. 7 CFR 250.15

4. ensure that the maximum amount of USDA Foods is received and utilized by FSMC.

7 CFR § 210.9(b)(15)

5. consult with the FSMC in the selection of USDA Foods; however, the final determination as to the acceptance of USDA Foods must be made by the SFA.

FSMC:

1. will conduct all activities relating to USDA foods for which it is responsible in accordance with 7 CFR Parts 250, 210, 220, 225 and 226, as applicable. Shall ensure that all federally USDA foods received by SFA and made available to the FSMC accrue only to the benefit of the school food authority's nonprofit school food service and are fully utilized therein (7 CFR § 210.16(a)(6)).

2. shall accept and use all USDA Foods ground beef and ground pork products, and all processed end products, without substitution, in SFA’s Food Service Program. Upon termination of this Contract, or if this Contract is not extended or renewed, FSMC must return all unused USDA ground beef, pork and processed end products to SFA. 7 CFR § 250.53.

3. agrees to accept and use all other USDA foods in SFA’s food service. FSMC may not substitute commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA foods, in SFA’s Food Service Program. Upon termination of this Contract, FSMC must, at SFA’s discretion, return other unused USDA foods to SFA. The value of other unused USDA Foods shall be based on the market value based on the value in USDA’s WBSCM (Web Based Supply Chain Management or current system) at the time the USDA Foods were received by the SFA. 7 CFR 250.51(a). Comment by Teresa Stevenson: Choose one or the other here Comment by Teresa Stevenson: Choose one or the other here

4. is prohibited from entering into any processing contracts utilizing USDA foods on behalf of SFA. FSMC agrees that any procurement of end products by FSMC on behalf of SFA will be in compliance with the requirements in subpart C of 7 CFR Part 250 and with the provisions of SFA’s processing agreements. All refunds received from processors must be credited to SFA’s Nonprofit School Food Service Account. (7 CFR § 250.53). Will comply, as applicable, with 7 CFR 250.51 and 250.52 concerning payment of processing fees or submittal of refund requests to a processor on behalf of SFA, or remittance of refunds for the value of USDA foods in processed in products to SFA, in accordance with requirements in 7 CFR, part 250 subpart C.

5. shall accept liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA foods.

6. shall credit SFA for the value of all USDA foods received for the use in SFA's meal service in the school year, including both entitlement and bonus foods, and including the value of USDA foods contained in processed end products. The manner in which FSMC shall account for the value of USDA foods is as follows: (7 CFR § 250.51)

|X| Fixed-meal rate: FSMC must subtract from SFA’s monthly bill/invoice the market value of all USDA foods received for use in SFA’s food service. The market value is based on the allocated value provided to SFA through GaDOE’s food distribution program, and/or through the current data entry location, WBSCM (Web Based Supply Chain Management) at the time the USDA Foods are received by the SFA.

7. will comply with 7 CFR 250.14(b) and 250.52 concerning storage and inventory management of USDA foods in accordance with 7 CFR 250.52. FSMC will maintain accurate and complete records with respect to the receipt; use/disposition, storage, and inventory of USDA foods and ensure that its system of inventory management will not result in SFA…