Solid Waste Disposal RFP 02242025.pdf

Evans County Charter School System

INVITATION FOR BID (IFB)

Invitation For Bid Timeline

Bid Issue/Posting Date January 24, 2025 8:00 a.m. - February 23, 2025 5:00 p.m.

Final Date for Written Questions February 13, 2025 by 12:00 noon

Bid Due Date and Time February 24, 2025 5:00 p.m.

Bid Due Location (deliver or mail to address)

ECCSS

705 West Main Street Claxton, Ga 30417

Bid Opening Date and Time Tuesday, February 24, 2025 @ 1:00 p.m

Bid Opening Location ECCSS Board Room 705 West Main Street Claxton, GA 30417

Contract Start Date and End Date (MM/DD/YYYY) March 11, 2025 through December 31, 2025

Awarded to (completed after awarded contract) Vendor Name:

NOTE: BID FOR BID TYPE LABEL SEALED ENVELOPE AS FOLLOWS:

☐ Food “IFB FOOD” ☐ Equipment “IFB EQUIPMENT- SCHOOL NUTRITION” ☐ Paper, Chemical “IFB PAPER AND CHEMICAL PRODUCTS” ☐ Bread “IFB BREAD” ☐ Milk “IFB MILK AND DAIRY PRODUCTS” ☐ Kitchen Supplies “IFB KITCHEN SUPPLIES” ☐ Cafeteria Furnishings “IFB CAFETERIA FURNISHINGS” ☐ Ice Cream “IFB ICE CREAM” ☒ Other (identify) “IFB Solid Waste Disposal”

DEFINITIONS

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

Bidder: A firm, individual, or corporation submitting a bid in response to this IFB.

CFR: Code of Federal Regulations

CN: Child Nutrition

Contract Documents : Consist of the Agreement between the Evans County Charter School System (ECCSS) and the Vendor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

ECCSS: Evans County Charter School System

EPA: Environmental Protection Agency

FNS: Food and Nutrition Services

F.O.B.: Freight on Board

HACCP: Hazard Analysis Critical Control Point

Invitation for Bid (IFB): A type of solicitation document used in competitive sealed bidding, where the primary consideration is cost, and the expectation is that competitive bids will be received, and an acceptance (award) will be made to the responsive and responsible Bidder whose bid is lowest in price and meets the specifications of the bid. An IFB is a formal method of procurement that uses sealed bidding and results in a fixed price contract with or without adjustment factors. The IFB must be publicly advertised, and bids shall be solicited from an adequate number of known suppliers, providing them with sufficient time to respond prior to the date set for opening the bids.

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

OMB: Office of Management and Budget

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

SECTION 1

PURPOSE AND PROCEDURES

The Evans County Charter School System hereafter referred to as the ECCSS, is issuing this Invitation for Bid (IFB) and is requesting sealed bids for Solid Waste Disposal .

INTENT

a) It shall be the intent and purpose of this Invitation for Bid (IFB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver products to the ECCSS, through sealed bids.

b) School food authorities shall comply with the requirements of 7CFR 210.21 and 2 CFR part 200 , subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds. 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 vendor performance and eliminate unfair competitive advantage, suppliers that develop or draft specifications, requirements, statement of work, or Invitation for Bids, must be excluded from competing for such procurements. (2 CFR 200.319)

c) 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 .

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

e) The ECCSS reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the ECCSS without restricting competition

I. CONTRACT TIME PERIOD

a) Initial Term : The initial term of this contract, which results from the award of this IFB, shall commence on March 11, 2025 and terminate on December 31, 2025.

The start date may not occur prior to the date on which the contract is signed, dated and awarded.

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

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

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

II. BID SUBMISSION PROCEDURES

The ECCSS is not liable for any costs incurred by Bidders prior to the issuance of or entering into a contract. Costs associated with developing the bid, preparing for oral presentations (if applicable), and any other expenses incurred by the Bidder in responding to this IFB are entirely the responsibility of the Bidder and shall not be reimbursed in any manner by the School Nutrition Program. If the Bidder is in doubt or has questions regarding the language, its meaning, or intent, it is the responsibility of the Bidder to seek clarification prior to submission of the bid.

BIDDER CONTACT INFORMATION

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

Bidder Company Name

Street Address

City, State, Zip

Contact Person Name & Email address

Telephone Number

QUESTIONS CONCERNING BID:

Questions regarding this Invitation for Bid shall be directed to:

Dr. Bobby Costlow, Asst. Superintendent of Operations 705 West Main Street Claxton, GA 30417 Tel: 912-739-3544 Fax: 912-739-2492 Email: bcostlow @evanscountyschools.org

All technical questions regarding this RFP should be directed in writing, preferably by email, to Dr. Costlow. Questions shall be submitted no later than 12:00 p.m. on February 13, 20 25 . Questions submitted after that date and time will not be answered. If applicable, answers citing the question asked, but no t identifying the questioner, will be distributed to all known prospective vendors. Failure to submit requests in writing by the specified time shall not be grounds for a protest.

Responses to inquiries that affect the content of this IFB will be provided in writing to all recipients of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. The ECCSS will accept only written inquiries regarding this IFB until the date shown on the Invitation for Bid Timeline, in order for a reply to reach all Bidders before the bid closes and to give Bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an IFB, either during the pre-bid meeting or through written inquiries, will be furnished to all prospective Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

BID PROCESS:

Bids must be enclosed in a sealed envelope. Emailed bids are not acceptable and will not be considered for sealed bids and when allowed will remain sealed/unopened until opening time and date. This option may be subject to change during unprecedented circumstances. Sealed bids or allowable email submissions must be received by The ECCSS no later than the date and time shown on the Invitation for Bid Timeline. Bids will be time and date stamped to confirm receipt of the bid and documented.

● The outside of the envelope shall be clearly marked as shown on the timeline of this document and titled “ IFB for Solid Waste Disposal .” The return address on the envelope should include the vendor’s complete mailing address.

● Sealed Bids shall be mailed or delivered to:

Waste Disposal Bid 02242025 mailto:tjordan@evanscountyschools.org

Attention: Dr. Bobby Costlow Evans County Charter School System 705 West Main Street Claxton, GA 30417

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

● Late bids shall not be accepted. The ECCSS shall not be responsible for late receipt of bids. Late bids will be returned unopened to the address provided.

● If the Bidder submits bid documents with informalities, errors, or omissions such as, but not limited to, non-conforming bid security, non-conforming non-collusion affidavit or fails to properly execute and seal the said documents the Bidder, in the ECCSS’s sole discretion, may be given 72 hours from the time of the bid opening in which to provide such information to the ECCSS. The ECCSS has the right to waive any and all informalities.

III. BID OPENING DATE/TIME/PLACE

Bids will be opened at the date, time and location shown on the Invitation for Bid Timeline.

IV. AWARD DETERMINATION STATEMENT

a) This IFB is intended to be awarded to a single or to multiple vendors and 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, located under Section 3: Method of Payment and Pricing Information.

b) The award of this IFB is contingent upon available budget funds and approval of the ECCSS Board of Education.

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

d) An official letter/email of acceptance will be forwarded by the ECCSS to the successful Bidder after bid selection and prior to contract award.

e) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the ECCSS shall be drafted from (a) the IFB and addenda, (b) the selected bid response to the IFB by the Bidder and any attachments thereto, and

(c) all written communications between the ECCSS and the Bidder.

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

V. ADDITIONAL BID INSTRUCTIONS

a) Bid modifications : Bids cannot be modified after receipt of bids. Care should be taken to ensure that the information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The ECCSS reserves the right to request information or respond to inquiries for clarification purposes only.

b) Bid withdrawal : Bidders may withdraw bids at any time up to the scheduled time for receipt of bids. Bidders desiring to withdraw their bid must submit the purpose for withdrawal in writing to the ECCSS before the bid opening deadline (bid close date). Bidders may resubmit bids provided it is prior to the scheduled time for receipt of bids.

c) Bid examination:

i) Bidders 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 Bidder 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.

ii) Bids will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the bid documents including the specifications and all requirements thereof of the IFB.

It is understood that submission of a bid indicates full acceptance of the same by the parties submitting the bid. Furthermore, by submitting a bid the Bidder 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 Bidder through examination of all documents or raising a question regarding requirements prior to submitting a bid.

d) Rejection or Disqualification of bids

i) A bid 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.

ii) The ECCSS reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the School Nutrition Program’s issuance of a written notice of such irregularities.

iii) The ECCSS reserves the right to disqualify bids upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

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

v) Any Bidder who has demonstrated and documented poor performance during a current or previous agreement, within the last 3 years with the ECCSS may be considered a non-responsible Bidder and their bid may be rejected.

The ECCSS reserves the right to exercise this option as is deemed proper and/or necessary.

e) Evidence of Financial Capabilities: After the bid opening, Bidders must be prepared to present suitable evidence of their financial standing within three (3) business days after a written request by the ECCSS. 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.

f) Proposal Contents: To standardize responses and simplify the comparison and evaluation of responses, all proposals must be organized and submitted in the format listed below.

COMPANY BACKGROUND:

1. Provide information on company background to include the following:

o Firm local name, address, and phone number.

o Contact person, phone number, and e-mail address.

o Number of years in business.

o Size of firm.

o Names, training/education, titles, and duties, of all staff the proposer will be engaging in the services, as well as a list of all parent, subsidiary or affiliated, organizations. Include herbicide and pesticide licenses approved by the State of Georgia, if applicable.

o All appropriate and current business licenses to operate as a Solid Waste Disposal business in the State of Georgia, Evans County, and the City of Claxton.

o Form W-9 and E-Verify Identification Number and Authorization Date. If your company does not participate in E-verify, please provide a statement. An affidavit can be completed upon award of the bid.

2. All proposals submitted must be accompanied by a Certificate of Insurance in compliance with the minimum requirements of the State of Georgia to include worker's compensation. Upon Bid Award, Vendor shall present a Certificate naming the ECCSS as “Additional Insured.” Vendor shall be responsible for all injuries or damages of any kind resulting from his work to persons or property. The minimum insurance requirements are as follows:

o Commercial General Liability Coverage for personal injury and/or property damage with a minimum limit of $1,000,000 per occurrence.

o Commercial Excess Umbrella for liability for bodily injury and/or property: damage and in excess over other coverage in an amount of at least $1,000,000 combined single limit.

o Worker's Compensation and Employers Liability - Statutory coverage at a minimum per accident.

o Each policy shall contain an endorsement that, in the event of change or cancellation, a thirty (30) days prior written notice must be sent by mail to the ECCSS.

RELEVANT EXPERIENCE:

3. Provide information on experience relative to providing Solid Waste Disposal services similar in size and scope to the services specified in this Request for Proposals.

4. Include a list of names and addresses and a contact person from five (5) accounts having similar facilities during the last five (5) years. Include contact person, email address, and telephone number for each account.

See Attachment H.

TOTAL COST:

5. The Proposer must set forth a statement of the total fee and/or fee schedule/structure in the proposal. The Proposer should break out costs in as much detail as reasonably possible using the Bid Form, in order to assist the ECCSS in determining the value to be received.

OTHER:

6. Proposers should also submit any additional information that she/he/it believes would distinguish the Proposer in her/his/its service to the ECCSS.

SECTION 2

STANDARD TERMS AND CONDITIONS

The signed and dated contract between the ECCSS and the Vendor shall be governed in accordance with the laws of the State of

Georgia and all applicable Federal regulations.

I. LOBBYING CERTIFICATE (for bids over $100k)

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

See and complete Attachment C .

II. DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k)

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

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “ Non-federal entities are subject to the nonprocurement 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 Vendor will immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors by a federal entity.

By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency.

All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the 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 D.

III. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a) Immediate Termination . This contract will terminate immediately and absolutely if the ECCSS determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the ECCSS cannot fulfill its obligations under the Contract, which determination is at the ECCSS’s sole discretion and shall be conclusive. Further, the ECCSS 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 ECCSS 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;

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

(iii) The Vendor fails to comply with confidentiality laws or provisions; and/or

(iv) The Vendor furnished any statement, representation, or certification in connection with the Contract or the bidding process, which is materially false, deceptive, incorrect, or incomplete.

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the ECCSS to declare the Vendor in default of its obligation under the Contract:

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

(ii) The ECCSS determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

(iii) The Vendor fails to make substantial and timely progress toward performance of the Contract;

(iv) The Vendor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Vendor terminates or suspends its business; or the ECCSS reasonably believes that the Vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

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

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

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

(c) Notice of Default . If there is a default event caused by the Vendor, the ECCSS shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the ECCSS’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 ECCSS may:

(i) Immediately terminate the Contract without additional written notice; and/or

(ii) Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Vendor, and/or,

(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

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

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

(ii) The 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 ECCSS, the ECCSS 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 ECCSS 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 ECCSS under the Contract in the event of termination.

The ECCSS 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.

(f) The Vendor’s Termination Duties . Upon receipt of notice of termination or upon request of the ECCSS, the Vendor shall:

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the ECCSS may require;

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

(iii) Comply with the ECCSS ‘s instructions for the timely transfer of any active files and work product by the Vendor under the Contract;

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

IV. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the ECCSS 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 and labor surplus area firms 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 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 vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs

(1) through (5) of this section.

V. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids 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 .”)

VI. 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).

VII. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $150k) https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60

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 Agency (EPA) List of Violating Facilities. Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

VIII. RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the ECCSS, throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Vendor shall permit the Auditor of the State of Georgia or any authorized representative of the ECCSS, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Vendor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Vendor shall not impose a charge for audit or examination of the Vendor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the ECCSS Board of Education reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

IX. BID PROTEST PROCEDURES

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

X. NON-COLLUSION STATEMENT

"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 F.

XII. CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses the ECCSS funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the ECCSS shall participate in selection or in award or administration of a contract supported by the ECCSS 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 stated code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the ECCSS. The ECCSS will not be responsible for any other explanation or interpretation which anyone presumes to make on behalf of the Board of Education.

XIII. DUTY TO EXAMINE

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

XIV. EXCEPTIONS TO TERMS AND CONDITIONS

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

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

Vendor verifies its compliance with O.C.G.A. § 13-10-91 and is authorized to use and uses the federal work authorization program commonly known as E-Verify, by completing Attachment G.

SECTION 3

SPECIAL TERMS AND CONDITIONS

I. PRICING INFORMATION AND METHOD OF PAYMENT

a. The ECCSS will not honor or consider any price increase, fuel surcharge, or add-on cost during the established performance period. Contractors must submit firm fixed pricing. Coast adjustments may be considered prior to contract extensions. b) The successful Bidder warrants that the bid price(s), terms, and conditions stated in the bid shall be firm through the bid 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.

b. Prices will not include Federal Excise Tax or State Sales Tax.

c. The ECCSS 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 ECCSS. Advance billings are not allowed. When partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under the conditions as above.

d. Invoicing

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

1. Delivery location and date of delivery

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

5. Signature of acceptance

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

Stacey Dees Accounts Payable Evans County Charter School System 705 W. Main Street Claxton, GA 30417 sdees@evanscountyschools.org

● Emailed is the preferred method of delivery

THE THREE STRIKES RULE: (if applicable and warranted)

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

(2) After vendor’s second offense of providing sub-par product, late delivery and/or poor customer service, the ECCSS will send a certified notice to the vendor documenting that this is the second offense, and a third offense will result in termination of the contract for cause. If the offense is providing sub-par product, then the vendor agrees to pay the ECCSS to purchase quality product at the vendor’s expense.

(3) After the vendor’s third and final offense of the aforementioned, the ECCSS will terminate the contract for cause in writing via email and regular mail, copying the District Purchasing Compliance Officer.

II. EVALUATION FACTORS

a) Bids will be evaluated in accordance with the required specifications as listed in this IFB. At ECCSS’s discretion, a bid may be eliminated from consideration for failure to comply with any required specifications, depending on the nature and mailto:sdees@evanscountyschools.org extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in ECCSS ‘s opinion, the best overall solution to meet the ECCSS‘s specifications.

Proposals will be evaluated based on the following criteria. Proposals will be ranked, and pending BOE Approval, the award made to the firm whose proposal has been determined to be most advantageous to the ECCSS.

1. COMPANY BACKGROUND (20 points)

2. RELEVANT EXPERIENCE (20 points)

3. PROPOSED CALENDAR OF WORK (30 points)

4. TOTAL COST (30 points)

III. AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the ECCSS and the Vendor shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed and agreed upon by both parties.

IV. ASSIGNMENT

The Vendor shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements with the ECCSS, or its rights, title, or interest herein, or its power to execute such agreement, to any other person, company, or corporation without the previous consent and written approval by the ECCSS.

V. INDEPENDENT VENDOR AND INDEMNITY

The Vendor shall act as an independent Vendor and not as an employee of the ECCSS. Vendor agrees to indemnify and hold harmless the ECCSS, its elected officials, employees and agents from and against any and all liability, damages, claims, suits, liens, and judgments (including reasonable attorney’s fees), of whatever nature, for injuries to or death of any person or persons, or loss of or damage to property, to the extent attributable to the negligent acts of vendor, its sub vendors or its respective agents, servants, or employees or such parties’ failure to perform in accordance with the provisions of the contract resulting from this IFB.

VI. TIME OF PERFORMANCE

a) Notwithstanding any delay in the preparation and execution of the formal contract agreement, the Vendor shall be prepared, upon written notice of bid award, to commence delivery of goods pursuant to the award on “Start Date” shown on the Invitation for Bid Timeline.

b) The Vendor must comply with the time of performance.

VII. FORCE MAJEURE

If the ECCSS, in its reasonable discretion, determines that the Force Majeure Event is likely to delay Vendor’s performance for more than thirty (30) days, the ECCSS 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 ECCSS's obligation to pay the Vendor for work already completed by the Vendor and the Vendor’s warranty for work already completed.

VIII. EVIDENCE OF INSURANCE

a) The successful Bidder, at its expense, shall always carry and maintain in full force during the term of the contract resulting from this IFB the following insurance: ( complete per your system’s requirements)

b) Prior to commencement of performance of this Agreement, Vendor shall furnish to the ECCSS a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the ECCSS, 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 ECCSS. Such a certificate shall be issued to the ECCSS.

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.

IX. EXCEPTIONS

A Bid submitted in response to this IFB constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this IFB, except to the extent that a Bidder takes exception to such provisions. To take exception to a provision of this IFB, the Bidder must clearly identify in the BID EXCEPTION FORM:

(a) the number and title of each section of this IFB that the Bidder takes exception to;

(b) the specific sentence within such section that the Bidder takes exception to; and

(c) any alternate provision proposed by the Bidder.

See Attachment E

Coverage Limits of Liability

Workmen’s Compensation Statutory

General Liability/Property Damage $1,000,000 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

X. WARRANTY

Successful Bidder shall fully warrant all products furnished under the terms of this contract, against poor and inferior quality.

Time is of the essence of this contract. While under warranty, successful Bidder shall replace any damaged or inferior product in a timely manner to minimize the disruption of the ECCSS 's operations.

XI. GIFTS AND GRATUITIES

Acceptance of gifts from vendors and the offering of gifts by vendors are prohibited. No employee of the school district purchasing products under provisions of the contract issued as a result of this invitation shall accept, solicit, or receive, either directly or indirectly, from any person, firm, or corporation any gift or gratuity.

XII. SEVERABILITY

The provisions of this contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the contract.

XIII. WAIVER AND REJECTION RIGHTS

Notwithstanding any other provisions of the solicitation, the school district reserves the right to:

• Waive any immaterial defect or informality;

• Reject any and all offers or portions thereof; or

• Cancel a solicitation.

XIV. RELEASE FROM CONTRACT

In the event the market for a product covered by this request escalates to a point that the vendor is delivering product at less than cost, the vendor may petition for release from the contract. The petition shall be supported by a third-party market bulletin.

The decision to release the vendor from the contract will be based on the difference between the market at the time of the bid opening and the current market for this item.

XV. CONTRACT WORK HOURS/SAFETY STANDARDS ACT (40 U.S.C. 3701-3708) (where applicable)

All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles.

XVI. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323) (if applicable)

The ECCSS 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 the 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…