RFP RFP 24_007 T for CCHS Serving Lines 2023_.docx

Camden County School Nutrition Program

REQUEST FOR PROPOSAL (RFP)

RFP # 24-007

Request for Proposal Timeline

Pre-Proposal Meeting- Date, Time and Location (if applicable)

311 South East Street Kingsland, GA 31548

311 South East Street Kingsland, GA 31548

Proposal Identification

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 Proposer is in doubt or has questions regarding the language, its meaning, or intent, it is the responsibility of the Proposer to seek clarification prior to submission of the proposal.

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 and/or USDA Memo.

DEFINITIONS

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

CFR: Code of Federal Regulations

CN: Child Nutrition

Contract Documents: Consist of the Agreement between the SFA and the Proposer, 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.

Cost Reimbursable Contract: A formal, legally enforceable contract that reimburses the awarded Proposer for costs incurred under the contract but does not provide for any other payment to the awarded Proposer, with or without a fixed fee. In a cost reimbursable contract, allowable costs will be paid from the nonprofit school food service account to the awarded Proposer net of all discounts, rebates, and other applicable credits accruing to or received by the awarded Proposer.

FNS: Food and Nutrition Services

F.O.B. : Freight on Board

HACCP: Hazard Analysis Critical Control Point

NSLP: National School Lunch Program

O.C.G.A. : Official Code of Georgia Annotated

OMB: Office of Management and Budget

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

Request For Proposal (RFP): A type of solicitation document used in competitive proposal, where the primary consideration is cost, and the expectation is that competitive proposals will be received, and an acceptance (award) will be made to the responsive and responsible Proposer whose proposal is lowest in price and meets the specifications of the proposal. An RFP is a formal method of procurement that uses proposals and results in a fixed price or cost reimbursable contract with or without adjustment factors. The RFP must be publicly advertised, and proposals shall be solicited from an adequate number of known Proposers, providing them with sufficient time to respond prior to the date set for opening the proposals.

SBP - School Breakfast Program

SFA: School Food Authority

SNP: School Nutrition Program

Solicitation: A document used by the SFA 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 Proposers must fulfill and all other factors to be used in evaluating the proposals.

USDA: United States Department of Agriculture

U.S.C. : United States Code

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

TRANSMITTAL PAGE

The Camden County School Nutrition Program, (hereafter referred to as SFA) is requesting and issuing this RFP (Request for Proposal) for the School Nutrition Program (SNP) for CCHS Serving Lines. Sealed proposals are due by the date, time and location shown on the RFP Timeline. Sealed proposals will be opened at the date, time and location shown on the RFP Timeline.

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 Proposer shall be responsible to supply and deliver products to the SFA through proposal.

b) The SFA is seeking to identify and select a Proposer to provide the items/services as listed in Attachment A. The selected Proposer shall provide products/services 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 proposal, 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 without restricting competition.

d) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective Proposer performance and eliminate unfair competitive advantage, Proposers that develop or draft specifications, requirements, statement of work, or requests for proposals must be excluded from competing for such procurements. (2 CFR 200.319)

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 RFP Timeline. The effective date may not occur prior to the date on which the contract is signed.

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 for no more than 4 additional 1-year terms based on Proposer performance. N/A at this time.

PRE-PROPOSAL MEETING

If a pre-proposal meeting will be scheduled under this solicitation, the date, time, and location is outlined in RFP Timeline. Proposer should raise any questions it may have about the solicitation or the procurement at that time. A Proposer may not rely on any verbal responses to questions at the meeting. Material issues raised at the meeting that result in changes to the solicitation shall be answered solely through a solicitation addendum.

PROPOSAL SUBMISSION PROCEDURES

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

PROPOSER CONTACT INFORMATION

Company Name

Street Address

City, State, Zip

Telephone

Email address

QUESTIONS CONCERNING PROPOSAL

Questions regarding this Request for Proposal shall be directed to:

SFA Director Name or designee: Katrina Millan Flannery E-mail address: kflannery@camden.k12.ga.us 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 Proposer 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 Proposers before the proposal closes and to give Proposers ample time to respond to any Addenda. Any information given to a prospective Proposer concerning an RFP, either during the pre-proposal meeting or through written inquiries, will be furnished to all prospective Proposers as an Addendum to the RFP if such information is necessary or if the lack of such information would be prejudicial to uninformed Proposers.

PROPOSAL PROCESS

Proposals must be enclosed in an envelope and sealed. Emailed proposals are not acceptable and will not be considered for sealed proposals unless due to unprecedented circumstances and otherwise noted.

· The outside of the envelope shall be clearly marked and labeled as shown on the RFP Identification Chart and include “RFP # 24-007 for CCHS SERVING LINES CAMDEN COUNTY SCHOOL NUTRITION.” Return address on envelope should include the Proposer’s complete mailing address.

· Proposals shall be mailed or delivered to:

Camden County School Nutrition Department 311 South East Street Kingsland, GA 31548

· Sealed proposals must be received by the SFA no later than the date and time shown on RFP Timeline.

· An Excel electronic copy or paper copy of the Quote Sheet along with any alternate or required information must be included inside the proposal package. All proposals will be stamped and documented to validate time and date of receipt.

· Late proposals shall not be accepted. The SFA shall not be responsible for late receipt of proposals. Late proposals will be returned unopened to address provided on envelope.

· If the Proposer submits documents with informalities, errors, or omissions such as, but not limited to, non-conforming security, non-conforming non-collusion affidavit or samples, or fails to properly execute and seal the said documents, the Proposer, 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.

· The SFA has the right to waive any, and all informalities.

AWARD DETERMINATION STATEMENT

a) This RFP is intended to be awarded to a single Proposer and result in a cost reimbursable or a fixed price contract. All prices shall remain firm for the entire contract period unless otherwise noted in the Pricing and Method of Payment section.

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

c) The SFA will award the contract to the lowest responsive and responsible Proposer meeting all terms, conditions, and specifications of the RFP, within approximately sixty (60) days of the opening of the proposals. Proposals received are an irrevocable offer for 60 days after the opening time and date. The SFA reserves the right, in its sole discretion, to accept or reject any, and all proposals or parts thereof.

d) An official letter/email of acceptance will be forwarded by the SFA to the successful Proposer after proposal selection and prior to contract award.

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

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

EVALUATION FACTORS

a) Proposals will be evaluated in accordance with the required specifications as listed in this RFP. At the SFA’s discretion, a proposal may be eliminated from consideration for failure to comply with any required specifications, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, proposals will be evaluated for the ability of the Proposer to provide, in the SFA’s opinion, the best overall solution to meet the SFA’s specifications.

b) The SFA reserves the right to award a single contract for the total requirement of the RFP or award multiple contracts on a group or line item basis in any combination that best serves the interest of the SFA.

c) Required references will be used in the evaluation of the proposal. Please complete Attachment J.

Evaluation Criteria and Award Process After determining a proposal satisfies the mandatory requirements stated in the RFP, the SFA shall analyze each proposal received. The SFA and a committee will evaluate the proposal and use the following rubric. SFA will use the categories listed below. (Additional categories may be inserted to meet the specific needs of the SFA.)

While price alone is not the sole basis for award, price remains the primary consideration when awarding a contract under the competitive proposal method. The SFA shall maintain complete documentation of the award process including the score sheets for each proposal received and from each evaluator.

ADDITIONAL INSTRUCTIONS

a) Modifications – Original proposals cannot be modified after receipt. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Proposer to disqualification. The SFA reserves the right to request information or respond to inquiries for clarification purposes only.

b) Withdrawal - Proposers may withdraw proposals at any time up to the scheduled time for receipt of proposals. Proposers desiring to withdraw their proposal must submit the purpose for withdrawal in writing to the School Nutrition SFA before the proposal opening deadline (date and time).Proposers may resubmit proposals provided it is prior to the scheduled time for receipt of proposals.

c) Examination - It is the responsibility of each Proposer 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.

1) Proposers shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Proposer of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

2) Proposals will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the proposal documents including the specifications and all requirements thereof in the RFP. It is understood that submission of a proposal indicates full acceptance of the same by the parties submitting the proposal. Furthermore, by submitting a proposal the Proposer waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Proposer through examination of all documents or raising a question regarding requirements prior to submitting a proposal.

d) Rejection or Disqualification of proposals

1) A proposal that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initialed and dated, may be rejected as non-conforming.

2) The SFA reserves the right to waive a proposal’s minor irregularities if rectified by Proposer within three business days of the SFA’s issuance of a written notice of such irregularities.

3) The SFA reserves the right to disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Proposer.

4) Issuance of this RFP in no way constitutes a commitment by the SFA to award a contract. The SFA reserves the right to accept or reject, in whole or part, all proposals submitted and/or to cancel this solicitation if it is determined to be in the best interest of the SFA.

5) Any Proposer who has a documented and demonstrated poor performance during a current or previous agreement with the SFA may be considered a non-responsible Proposer and their proposal may be rejected. The SFA reserves the right to exercise this option as is deemed proper and/or necessary. Proposer may be deemed non-responsible for up to 1 year.

e) Evidence of Financial Capabilities (not required - best practice) - After the proposal opening, Proposers must be prepared to present suitable evidence of their financial standing within three (3) business days after written request by the SFA. This evidence would include an income statement, balance sheet and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the financial statements.

TERMS AND CONDITIONS

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

LOBBYING CERTIFICATE (over $100k)

A Lobbying Certification and Disclosure must be completed for all proposals $100,000 and over. Please see and complete Attachment D. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Proposers that apply or submit a 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.

DEBARMENT AND SUSPENSION VERIFICATION (over $25k)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible Proposers 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 and 2 CFR Appendix II to Part 200, Section (H).

The Proposer certifies that the Proposer and/or any of its sub Proposers 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, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Proposer will immediately notify the School Food Authority if Proposer is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Proposers by a federal entity.

By signing this agreement, the Proposer 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 governmentwide 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. See Attachment E

BUY AMERICAN STATEMENT (Food only)

Proposer/Proposers 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 maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American:

Definition of domestic commodity or product. In this paragraph, 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 grown 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 10 days 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 Proposer 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.

REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

Immediate Termination - This contract will terminate immediately and absolutely if the SFA determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the SFA cannot fulfill its obligations under the Contract, which determination is at the SFA’s sole discretion and shall be conclusive. Further, the SFA may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

· In the event the Proposer 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;

· The SFA determines that the actions, or failure to act, of the Proposer, its agents, employees or sub Proposers have caused, or reasonably could cause, life, health or safety to be jeopardized;

· The Proposer fails to comply with confidentiality laws or provisions; and/or

· The Proposer furnished any statement, representation, or certification in connection with the Contract or the proposal process, which is materially false, deceptive, incorrect or incomplete.

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

· The Proposer 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 the Contract, including, but without limitation, the express warranties made by the Proposer;

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

· The Proposer fails to make substantial and timely progress toward performance of the Contract;

· The Proposer 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 Proposer terminates or suspends its business; or the SFA reasonably believes that the Proposer has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

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

· The Proposer has engaged in conduct that has or may expose the SFA to liability, as determined in the SFA’s sole discretion and/or

· The Proposer has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the SFA, the state, or a third party.

Notice of Default- If there is a default event caused by the Proposer; the SFA shall provide written notice to the Proposer requesting the breach or noncompliance be remedied within the time-period specified in the SFA’s written notice to the Proposer. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the SFA may:

· Immediately terminate the Contract without additional written notice; and/or

· Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Proposer, and/or,

· Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

Termination upon Notice- Following thirty (30) days’ written notice, the SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Proposer. Following termination upon notice, the Proposer shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the SFA up to and including date of termination.

Termination Due to Change in Law- The SFA shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Proposer as a result of the following:

· The SFA’s authorization to operate is withdrawn or there is a material alternation in the programs administered by the SFA; and/or

· The SFA’s duties are substantially modified.

Payment Limitation in Event of Termination- In the event of termination of the Contract for any reason the SFA shall pay only those amounts, if any, due and owing to the Proposer for goods and services actually rendered up to and including the date of termination of the Contract and for which the 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 Proposer’s claim. This provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall not be liable for any costs incurred by the Proposer in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

The Proposer’s Termination Duties- Upon receipt of notice of termination or upon request of the SFA, the Proposer shall:

· 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 SFA may require;

· Immediately cease using and return to the SFA, any personal property or materials, whether tangible or intangible, provided by the SFA to the Proposer;

· Comply with the SFA’s instructions for the timely transfer of any active files and work product by the Proposer under the Contract;

· Cooperate in good faith with the SFA, its employees, agents, and Proposers during the transition period between the notification of termination and the substitution of any replacement Proposer; and

· Immediately return to the SFA any payments made by the SFA for goods and services that were not delivered or rendered by the Proposer.

HUB (Historically Underutilized Business) STATEMENT

It is the intent of the 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 and labor surplus area firm sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, proposals, or noncompetitive procurement (2 CFR 200.321).

Positive efforts include:

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

· Assuring that small and minority businesses, women's business enterprises and labor surplus area 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 area firms

· Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women's business enterprises and labor surplus area 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 Proposer, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (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.”)

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).

CLEAN AIR/ CLEAN WATER STATEMENT (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. Proposer 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. Proposer will immediately notify the School Food Authority of the receipt of any communication indicating that any of Proposer’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).

RECORD RETENTION AND ACCESS CLAUSE

The Proposer 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 SFA 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 Proposer 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 Proposer 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 Proposer shall not impose a charge for audit or examination of the Proposer’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Camden County Board of Education reserves the right to charge the Proposer for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

PROTEST PROCEDURES

a.) Any protest shall be in writing and shall be delivered to the SFA’s Dr. Steve Loden at 311 South East Street Kingsland, GA 31548. 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 SFA shall in all instances disclose information regarding protests to State Agency.

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 proposal is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to a proposal by all conditions of this proposal and certify that I am authorized to sign this proposal for the Proposer 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

CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses SFA funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the SFA shall participate in selection or in award or administration of a contract supported by the SFA 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 Proposers or parties to sub-agreements; and the purchase of any food or service from a Proposer 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 a proposal 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 Director.

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

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.

VELOCITY REPORT (where applicable)

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

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

Proposer 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 I.

HACCP REQUIREMENTS (Not Applicable to Equipment)

The SFA expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential Proposers and their manufacturers. Prior to awarding the contract, the SFA may require documentation verifying that a written HACCP plan is followed.

The successful Proposer(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 Proposer(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.

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

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

PROPRIETARY INFORMATION

If a Proposer submits any document with the proposal that is considered to be proprietary in nature or is considered to be a trade secret, the Proposer 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 Proposer asks to have access to the information. In such case, the school district will notify the affected Proposer that a challenge has been made. If the affected Proposer 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.

TRADE NAME, LABELS AND OTHER REQUESTS (Where applicable)

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

· 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.

FAILURE TO MEET CN LABEL/PRODUCT ANALYSIS REQUIREMENTS, if applicable

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

EQUIVALENT/ALTERNATE PRODUCTS

Equivalent/alternate products must be offered for items where brand name 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 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. Proposer will provide the same guarantee for the equivalent/alternate item as they would for specified product indicated in the proposal documents.

SUBSTITUTION CLAUSE

Shipments of items with brand name or specifications other than those listed on the proposal shall be rejected or returned to the Proposer at the Proposer’s expense unless prior arrangements have been made with the Director of School Nutrition. Substitutions may be made only with prior approval of the Director of School Nutrition. All substitutions must be of equal or greater quality. In no case will an item be accepted if the quality is lower than stated in the proposal. Substitutions are to be priced at the same cost as the original awarded item.

PRICING INFORMATION and METHOD OF PAYMENT

a) Prices: All prices offered shall be firm against any increase for 365 days from the date of the contract award. Subsequently, the SFA may entertain a request for escalation/de-escalation on an annual basis. These price adjustments must be based on changes in market conditions and verified in accordance with the most recent publication from a valid third party.

See examples below:

· USDA Agricultural Marketing Service (AMS) Report,

· Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics,

· Class I raw milk prices based on monthly USDA Federal Milk Order announcements for the applicable geographical zone (may wish to include additional stipulations for milk within this clause),

· And/or other valid third party.)

Request for price increases and/or decreases must be submitted to the SFA 90 days prior to taking effect. The aforementioned third-party publication/documentation must accompany requested price increases.

The SFA reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or denial. If price increases escalate above 0% per the awarded price of each product, the SFA reserves the right to provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired, based on specifications. This clause also obligates Proposer to provide price decreases from de-escalation on the same terms.

If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented economic instability, that are beyond the control of either the SFA or the Proposer, a fixed fee price adjustment can also be increased up to 0 % on an annual basis. This fixed fee price increase must be verified by the current applicable CPI, such as the monthly CPI motor fuel index for times when fuel prices unexpectedly increase rapidly.

The publication/documentation must accompany associated requested price increases.

b) The successful Proposer warrants that the proposed price(s), terms, and conditions stated in the proposer 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 proposed 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.

Method of payment- The SFA 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.

Invoicing Invoices, at minimum, shall consist of the following information:

a. Delivery location and date of delivery

b. Item description and cost

c. Extended cost for total quantity purchased

d. Total cost of all products purchased

e. Signature of acceptance

· Monthly statements will be broken down by school invoice and mailed to:

Director of School Nutrition for Camden County Schools 311 South East Street Kingsland, GA 31548

METHOD OF SHIPMENT/DELIVERY (where applicable)

Orders and deliveries - Orders and deliveries shall be supplied by the Proposer as requested and specified except during an emergency and on holidays. No partial deliveries will be accepted unless approved in advance. Upon delivery of product(s), the item(s) will be inspected by the facility, and if found to be defective or failing in any way to meet specifications as indicated, the item(s) may be rejected or returned. Problems found with products due to concealed damage will be addressed on a case by case basis. Rejected product(s) must be picked up immediately or at a mutually agreed upon date and time.

Credit - A credit or replacement will be issued for damaged or unacceptable items. All such transactions are to be worked out with each school designee. Replacement of damaged or unacceptable items will be made upon a mutually agreed time and date.

All orders are to be delivered F.O.B. to the designated school sites.

In an emergency situation in which the SFA requires delivery and the Proposer cannot provide the goods within the emergency delivery period, the SFA has the option to purchase those goods from another source with no penalty to either party.

Delivery schedules that fall on a holiday will be made the following business day unless other arrangements have been agreed upon by both parties.

Delivery of product(s) must be made in a well-maintained refrigerated truck. All deliveries shall be placed in the area designated by the designee. Under no circumstances may a delivery be left outside the building. Deliveries must be received as specified.

Two invoices are to be provided and must be reviewed and signed at the time of delivery and if any discrepancies are noted during delivery those will be initialed and dated by the driver and school nutrition employee receiving the order.

The Three Strikes Rule: (if applicable and warranted)

1. After Proposer’s first offense of providing sub-par quality product, late delivery and/or poor customer service, the SFA will call Proposer to report contract violation. The SFA will follow-up with a written letter to the Proposer documenting occurrence and putting the Proposer on notice that the documented occurrence is unacceptable.

2. After Proposer’s second offense of providing sub-par product, late delivery and/or poor customer service, the SNP will send a certified notice to the Proposer documenting that this is the second offense, and a third offense…