RFP Document

Georgia Education Cooperative (GEC)—2023

Georgia Education Cooperative

Food and Nutrition Service Programs

Gordon County Schools

Director of School Nutrition, Nicole Head

7300 Fairmount Hwy SE, Calhoun GA 30701

Request for Proposal 2023-3.5

PROCESSED CHEESE PRODUCTS

110242 American Barrel

Issued on: April 28, 2023 Bid Due Date: May 19, 2023

Section I

REQUEST FOR PROPOSAL

PROCESSED CHEESE PRODUCTS FOR THE GEORGIA EDUCATION COOPERATIVE (GEC)

GEC MEMBER SCHOOL DISTRICTS PARTICIPATING INCLUDE: Bremen City, Calhoun City, Cartersville City, Catoosa County, Chattooga County, Chickamauga City, Commerce City, Dade County, Dalton City, Dawson County, Douglas County, Fannin County, Floyd County, Franklin County, Gainesville City, Gilmer County, Gordon County, Haralson County, Hart County, Jackson County, Jefferson City, Lumpkin County, Madison County, Marietta City, Murray County, Gordon County, Oglethorpe County, Paulding County, Pickens County, Social Circle, Stephens County, Walton County, Whitfield County and Polk County.

Date: April 28, 2023

RFP Number and Title: RFP 2023-3.5, GEC CHEESE Processing, To All Vendors

Announcement: The Georgia Education Cooperative (GEC) invites proposals on the Processing of USDA Cheese into products approved by Georgia DOE Food Distribution.

Contract Term: This contract term will be Twelve (12) months from July 1, 2023 to June 30, 2024 with possibility of 4 annual renewals if mutually agreeable to both parties and compliant with the terms of renewal within the contract. (See Terms & Conditions)

Submission Procedures: Sealed proposals will be received subject to the terms of the solicitation, at the office of: Nicole Head Gordon County School Nutrition Program; 7300 Fairmount Hwy SE, Calhoun, GA 30701

Price quote form(s) must be completed in their entirety and submitted in the form of the USDA SEPDS. Any corrections made on the quote form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid. Each vendor is required to furnish all information requested in the RFP. The original proposal must be submitted in a sealed envelope marked: RFP 2023-3.5 Cheese Processing, 110242 cheese. Five (5) copies are requested (1 original, 4 copies).

Proposal Opening: Sealed proposals received by mail will be opened on May 19, 2023 at 1:00 pm.

Proposals will be opened at Gordon County School Nutrition Program 7300 Fairmount Hwy SE, Calhoun, GA 30701. Please allow ample time for delivery. Proposals received late will not be considered.

Contact Info: Nicole Head, 706-625-0786, nhead@gcbe.org

Award Determination: This RFP is intended to be awarded to multiple vendors and to result in a firm fixed price contract. ALL bid prices shall remain firm for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable. Award for this RFP shall be made based on the following: Price 45 points, Taste Test Results 25 points, Quality 15 Points, Nutritional Value 15 Points for 100 total possible points awarded. Bidder(s) meeting all GEC Terms and Conditions based on the award criteria set forth in the Special Terms and Conditions as consideration will be given to student preference and acceptance, compatibility with menus and foodservice operations, and acceptable service. Multiple proposals may be accepted. GEC reserves the right to accept or reject any and all proposals with a sound, documented reason and to waive any informality, if such action would result in the “best value” for the GEC.

A condition of the proposal award is the vendor’s agreement to extend all pricing, terms and conditions quoted to all GEC members joining the proposal initially or at a later date. The GEC reserves the right to re-bid any or all items not assigned in contract. The GEC reserves the right to award by line item to more than one vendor.

Your interest and participation are solicited and appreciated.

Table of Contents

Section I – Request for Proposal……………………………………………………………………………2

Section II – General Terms and Conditions……………………………………………………………….5

Section III – Special Terms and Conditions……………………………………………………………….15

Section IV – Attachments…………………………………………………………………………………………16

Attachment A – Contract Agreement……………………………………………………………….16

Attachment B – Lobbying Certificate………………………………………………………………..17

Attachment C – Debarment and Suspension Form………………………………………….18-19

Attachment D – Anti-Collusion Affidavit…………….…………………………………………..20

Section II

General Terms and Conditions

1. Escalation/De-escalation clause

Economic Price Adjustment: All prices offered shall be firm against any increase for 12 months from the effective date of the contract. Thirty days prior to renewal, GEC may entertain a request for escalation in accordance with the most recently published market index. Each successive option will be treated in the same manner. GEC reserves the right to accept, reject, or negotiate the request for a price increase.

If the price increase is approved, the price will remain firm for one year from the date of the increase.

This clause also enables GEC to seek de-escalation on the same terms.

2. Contract Term Clauses (Including Renewal and Extension)

Contract Term. The contract between GEC and the Vendor shall begin and end on the dates specified in the Request for Proposal, unless terminated earlier in accordance with the applicable terms and conditions. Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the State for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.

Contract Renewal. GEC shall have the option, in its sole discretion, to renew the Contract for additional renewals as defined in the Standard Contract on a year-to -year basis for up to 4 additional bid periods by giving the Vendor written notice of the renewal decision at least (30) days prior to the expiration of the initial term or renewal term. Renewal will depend upon the best interests of the GEC, funding, and

Vendor’s performance. Renewal will be accomplished through the issuance of a written notice or Notice of Award Amendment.

Contract Extension. In the event that this Standard Contract shall terminate or likely to terminate prior to the making of an award for a new contract for the identified goods and services, the GEC may, with the written consent of Vendor, extend this Contract for such period as may be necessary to afford the

GEC a continuous supply of the identified goods and services.

3. Buy American Statement

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 5 day (s) 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.

4. Remedy for Non-Performance/Termination of Contract

a. Immediate Termination. This Contract will terminate immediately and absolutely if the

GEC determines that adequate funds are not appropriated or granted, or funds are de-appropriated such that the GEC cannot or member cannot fulfill its obligations under the Contract, which determination is the GEC’s sole discretion and shall be conclusive. Further, the GEC 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 GEC 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 connections with the Contract or the bidding process, which is materially false, deceptive, incorrect or incomplete.

b. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for the GEC or GEC member to declare the Vendor in default of its obligations under the Contract:

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

(ii) The GEC 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 county or state law including bankruptcy laws; the

Vendor terminates or suspends its business; or the GEC 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, Local laws, rules, ordinances, GEC regulations and orders when performing within the scope of the Contract;

(vi) The Vendor has engaged in conduct that has or may expose GEC to liability, as determined in the GEC’s sole discretion; or

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

c. Notice of Default. If there is a default event caused by the Vendor, the GEC shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the GEC’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 GEC 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 of the Contract and seek any legal or equitable remedies.

d. Termination Upon Notice. Following thirty (30) days’ written notice, the GEC 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 GEC up to and including the date of termination.

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

(ii) The County/City 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 GEC, the GEC 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 School Food Authority 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 GEC under the Contract in event of termination. The School Food Authority 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 School Food Authority, 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 from, and any other matters the School Food Authority may require;

(ii) Immediately cease using and return to the School Food Authority, any personal property or Materials, whether tangible or intangible, provided by the School Food Authority to the Vendor;

(iii) Comply with the School Food Authority’s instructions for the timely transfer of any active Files and work product produced by the Vendor under the Contract;

(iv) Cooperate in good faith with the School Food Authority, 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 School Food Authority any payments made by the School Food Authority for goods and services that were not delivered or rendered by the Vendor.

5. Clean Air/Clean Water Statement

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 if 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).

● PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)

An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency

(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

6. Civil Rights Statement and Assurance

The GORDON COUNTY SCHOOL DISTRICT 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 https://word-edit.officeapps.live.com/we/wordeditorframe.aspx?ui=en%2DUS&rs=en%2DUS&wopisrc=https%3A%2F%2Fshealy-my.sharepoint.com%2Fpersonal%2Ftheresa_latta_doe_k12_ga_us%2F_vti_bin%2Fwopi.ashx%2Ffiles%2Fbec010d17c724c4e87ece608c427288c&wdenableroaming=1&mscc=1&wdodb=1&hid=8A04FE9E-9078-9000-F0E7-C0736E5CDF51&wdorigin=Other&jsapi=1&newsession=1&corrid=11953eec-d420-4a88-907b-7316107da6ca&usid=11953eec-d420-4a88-907b-7316107da6ca&instantedit=1&wopicomplete=1&wdredirectionreason=Unified_SingleFlushFallback https://www.law.cornell.edu/topn/solid_waste_disposal_act https://www.law.cornell.edu/cfr/text/40/part-247 program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

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

By accepting this assurance, the GORDON COUNTY SCHOOL DISTRICT 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 GORDON COUNTY SCHOOL DISTRICT, 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 GORDON COUNTY SCHOOL DISTRICT.

Signature(s) Date

Printed Name:_______________________________________

Title:______________________________________________

7. Record Retention and Access Clause

The contractor 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 GEC member districts 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 contractor shall permit the auditor of the GEC 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 GEC 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 materials pertaining to the contract, wherever such records may be located during normal business hours. The contractor shall not impose a charge for audit or examination of the contractor’s books and records. If an audit discloses incorrect billings or improprieties, the GEC reserves the right to charge the contractor for the cost of the audit and appropriate reimbursement.

Evidence of criminal conduct will be turned over to the proper authorities.

8. Equal Employment Opportunity Compliance Statement

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “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.”).

9. 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).

10. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the GEC Member Districts to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms.

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

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

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

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

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

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

• Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

11. Non Collusion

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

12. 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 GEC Member Districts shall participate in selection or in award or administration of a contract supported by the School Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

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

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited;

and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Board of Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited. Failure of any employee, officer, or agent to abide by the above states code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department. The 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/GEC Member Districts.

13. Vendor must comply with USDA Federal Regulations regarding procurement for Child Nutrition

Programs – 7 CFR Part 3015 to CFR Parts 3016 and 3019.

Duty To Examine

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time nor shall it give rise to any contract claim.

14. Lobbying Certificate

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment B. Byrd Anti-Lobbying Amendment

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

15. Protest Procedures

Any protests arising from this solicitation and award shall be made in writing and shall be delivered to Nicole Head GEC Cheese Processing Chair, Gordon County Public School System, 7300 Fairmount Hwy, Calhoun, GA 30701 as the acting protest official. The protest shall be filed no later than ten

(10) days from the award notice and shall include:

(i) The name, address, and telephone number of the protester;

(ii) The signature of the protester or an authorized representative of the protester;

(iii) Identification of the purchasing agency and the solicitation or contract number;

(iv) A detailed statement of the legal and factual grounds of the protest including copies of relevant documents;

(v) The form of relief requested.

A written response to the protest will be made within 30 days from receipt of the protest.

The County/City Board of Education shall in all instances disclose information regarding protests to State Agency.

16. Force Majeure (Force of Nature)

If the GEC, in its reasonable discretion, determines that the Force Majeure event is likely to delay Vendor’s performance for more than thirty (30) days, the GEC reserves the right to cancel the agreement between the parties. In that event, neither party shall have any further liability to the other, subject only to the GEC’s obligation to pay the Vendor for work already completed by the Vendor and the Vendor’s warranty for work already completed.

17. Food Recalls

Vendor shall be expected to comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA and assurance that unsafe products are identified and removed from SFA sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will define their policy and procedures for handling food recalls on a https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352 separate document to be submitted along with bid. Vendor will provide the contact person and the backup person’s contact information, whom will handle food recalls, to the school nutrition director or designee.

18. Biosecurity

Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the USDA, Food Safety, and Inspection Service. Vendor will define their biosecurity policy and procedures on a separate document to be submitted along with bid.

18. Evidence of Insurance

a) The successful company, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this IFB the following insurance:

Coverage Limits of Liability

Workmen’s Compensation Statutory

General Liability/Property Damage $500,000 each occurrence $1,000,000 aggregate

Personal Injury $500,000 each occurrence $1,000,000 aggregate

Automobile Liability/Property Damage $500,000 each occurrence

Bodily Injury $500,000 each occurrence $1,000,000 aggregate

b) Prior to commencement of performance of this Agreement, Vendor shall furnish to the School Nutrition Program a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the GEC Member Districts County/City Board of Education, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be cancelled without ten (10) days advance written notice to the School Nutrition Program. Such certificate shall be issued to GEC Member Districts County/City Board of Education, School Nutrition Program.

c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Vendor, whichever shall occur later.

19. Complete Certification for Debarment and Suspension Form Attachment C

Section III

Special Terms and Conditions

Orders

The GEC member shall order product as instructed by manufacturer or broker by online system or prepared spreadsheet/commodity calculator provided by vendor. Upon receipt of order, the GEC member requires an electronic acknowledgement and an estimated shipping date from the vendor.

Manufacturers must give each a list of monthly delivery dates as well as indicate monthly deadlines for any order modifications as deemed necessary by the district.

Invoices

Payment will be made by the ordering GEC member after completion and acceptance of all products as ordered.

The successful vendor will be required to supply an original and one copy of each invoice and to reference all invoices to the purchase order to which they pertain.

No invoice will be processed for payment until such time as all contractual obligations have been met and/or items ordered have been received and approved by the GEC member’s authorized representative.

All invoices and/or financial correspondence should be directed to the appropriate GEC member

Delivery

Delivery will be made to the specified District Warehouse and must be scheduled with the warehouse or director if system has a central warehouse on site.

Manufacturers must also give a minimum shipment in pounds required for a delivery

Attachment A

Georgia Education Cooperative (GEC) – Contract Agreement

THE CONTRACT AGREEMENT MUST BE COMPLETED BY THE VENDOR AND RETURNED WITH THE

PROPOSAL.

We have carefully examined and fully understand the General and Special terms and Conditions and related documents, in providing RFP 2023-3.5, GEC Cheese Processing, 110242 Barrel American to the Georgia Education Cooperative member school districts and do agree to all terms and conditions by so signing this document.

It is understood that all prices include delivery to the specified District Warehouse.

Withdrawals, cancellations, etc., will not be accepted unless authorization is given by GEC members.

In the event vendors fail to comply, they will be removed from the vendor list.

Company Name Representative’s signature

(Must be signed in ink)

Address Representative’s Name

(Please print or type)

City, State, and Zip Code Email Address

Date Telephone Number and Extension Fax Number

Signing the Contract Agreement affirms that the original Proposal has not been altered in any way and that the proposer agrees to all terms and conditions, both general and special, stated in this contract.

ATTACHMENT B - LOBBYING FORM & DISCLOSURE

Attachment C- Certificate of Debarment, Suspension & Ineligible

Attachment D- Anti Collusion Affidavit

ANTI-COLLUSION AFFIDAVIT

STATE OF:

COUNTY/CITY OF:

, of lawful age, being first sworn on oath say, that he/she is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any state official of employees to quantity, quality, or price in the prospective contract, or any other terms of said prospective official concerning exchange of money or other thing of value for special consideration in the letting of contract; that the bidder/vendor had not paid, given or donated, or agreed to pay, give or donate to any officer or employee either directly or indirectly in the procuring of the award of a contact pursuant to this bid.

Signed

Subscribed and sworn before me this day of , 20___.

Notary Public (or Clerk or Judge)

My commission expires:

PROPOSAL SELECTION EVALUATION

The services being sought under the RFP are considered professional in nature. Consequently, the evaluation of the proposals will be based upon consideration of the demonstrated qualifications and capabilities of the proposers, which will result in an award that is in the best interest of the GEC. Five (5) copies are requested (1 original, 4 copies).

1. Overall Cost (45 Points)

2. Taste Test Results (25 points)

3. Quality of Cheese (15 points)

4. Nutritional Value (15 points)

Evaluations will be performed by a committee appointed by the superintendent. Following completion of the initial evaluations, if deemed necessary by the committee, firms best qualified may be granted an opportunity to appear before the evaluation committee to make an oral presentation and submit to an interview. Committee evaluations will be reviewed by the Superintendent for her consideration of a recommendation. Recommendation for the award shall be presented to the board by the superintendent.

Areas to be evaluated are listed above. The committee reserves the right to follow-up with proposers, to get further clarification of items specifically mentioned in the proposal.