26-023 Purchase of Milk and Dairy Products

Muscogee County School District
Columbus, Georgia
Regina Courtney
Buyer
INVITATION TO BID (ITB)
Bid Number: 26-023
Bid Name: Purchase of Milk and Diary Products
The Muscogee County School District (MCSD) is soliciting sealed bids for the purchase and direct
delivery of milk and diary products to all schools in the Muscogee County School District (MCSD). Bid
terms, conditions, specifications, and price quote sheets are contained herein.
SCHEDULE OF EVENTS
April 30, 2026 Release of Invitation to Bid
May 11, 2026 Deadline for Written Questions
May 13, 2026 Answers to all Written Questions
Posted on the MCSD Website
May 29, 2026 Responses Due
11:00 AM EST
June 2026 Contract Awarded (at Board Meeting)
August 1, 2026 Contractor Begins Work
RETURN BID VIA: Bids and all required documents on the bid checklist are to be delivered via
Standard or Priority Mail or hand-delivered to the following address:
* Muscogee County School District
Attn: Purchasing Department
Bid #26-023 Purchase of Milk and Diary Products
2960 Macon Road, Room 3005
Columbus, GA 31906
Direct all questions concerning this ITB to:
Regina Courtney, Buyer
(706) 748-2351
courtney.regina.s@muscogee.k12.ga.us
Purchasing Department
2960 Macon Road Columbus, Georgia 31906
Phone (706) 748-2351
E-Mail: courtney.regina.s@muscogee.K12.ga.us

MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
BID CHECKLIST
This standardized checklist has been provided to assist the vendor with the submission of their Bid package.
This checklist cannot be construed as identifying all required submittal documents for this project. Vendors
remain responsible for reading the entire Bid document to ensure that they comply. Bids may be considered
subject to rejection if, in the sole opinion of the District, there is a serious omission, unauthorized alteration of
form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind.
Bid Signature and Certification Form - all information completed and signed
Debarred, Suspended, and Ineligible Status Form - signed
Anti-Collusion Affidavit - signed
Lobbying Certification Form - signed
Federal Work Authorization Contractor Affidavit (if awarded)
Federal Work Authorization Subcontractor Affidavit (if awarded)
Exceptions or Deviations to Specifications - signed and/or information completed
Disclosure of Subcontractors and Subconsultants - signed and/or information completed
Reference Request Form - list three (3) references of similar size and scope
Quote Form - signed
W-9 - completed and signed (if not a District registered vendor)
Copy of Business License
Copy of Required/Applicable Licenses or Certifications per Specifications
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
Muscogee County School District -Terms and Conditions
1. GENERAL
A. It is the purpose and intent of this Invitation to Bid (ITB) to award a contract for the purchase and
direct delivery of milk and diary products listed herein for the Muscogee County School District
(MCSD or the Board).
B. The undersigned agrees to quote only on the items that can be delivered to the Muscogee County
School District in accordance with the terms and conditions set forth in this bid document.
C. The laws of the State of Georgia shall prevail concerning all purchases and services under this ITB
and subsequent contract(s). Venue shall be in the court of competent jurisdiction in Columbus,
Muscogee County, Georgia. Several Georgia statutes proscribe jurisdiction and venue for different
types of cases that involve state agencies. Any provision that requires legal action that would require
travel by MCSD employees likely violates the Constitutional provisions noted above.
D. The undersigned agrees to abide by all Muscogee County School District Board policies to be found
at https://simbli.eboardsolutions.com/index.aspx?s=4121.
E. SPECIFICATIONS
Product Specifications
* Please refer to the attached Excel quote sheet for detailed product specifications.
General Specifications
* Orders will be placed on a weekly basis.
* Deliveries will be made weekly on specified delivery days.
* Deliveries will be made to the kitchen receiving area only.
* Orders must be placed in locations that will not obstruct aisles, doorways, or
passageways as designated by the School Nutrition Manager or staff.
* No deliveries will be made to the school's front office.
* All products must be delivered via company truck, not Less Than Truckload (LTL).
* Third-party deliveries are not permitted.
* The SNP Director, or their designee, will be informed of out-of-stock products prior to
delivery.
* Any changes to the order schedule due to holidays, inclement weather, or other factors
will be rescheduled for the following business day or, at the latest, within the same week
as the regular delivery day.
* Any changes to invoices should be addressed within 24 hours by issuing a corrected
invoice referencing the original invoice number or by issuing a credit referencing the
original invoice number.
* The delivery date should be clearly stated on the invoice for payment processing.
* Two copies of the invoice must be provided to the cafeteria staff at the time of delivery.
* Orders will be sent to the vendors via email in a PDF format.
* After the contract is awarded, a meeting will be scheduled with the vendor before
services begin.
2. QUOTATIONS
A. Muscogee County School District reserves the right to:
1. Waive formalities and technicalities in any quotation
2. Reject any and/or all quotations wherein its judgment, it will be in the best interest of the
school district
3. Accept the quotation that in its judgment will be in its best interest
4. Purchase from any source, in part or whole, any desired supplies, equipment, or services
5. At its option, award on individual items/services or a lump sum basis
6. Award this bid to the vendor who in the school district's opinion is most responsive and
responsible, and will perform in the best interest of the Muscogee County School District
B. Price alone will not be the sole base in the award of this bid but will be the primary factor.
C. Bids shall be firm for at least 60 days after bid opening.
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
D. The vendor may give quotations on any one or more items and may offer alternates where indicated.
No substitutes will be accepted once the order is placed.
3. PRICES Unit and total prices quoted shall include all charges to include, but not limited to,
purchasing, packing, and delivery of the milk and diary products to the destination(s). The District is
exempt from state sales tax. Bid prices shall exclude Federal or State taxes that can be eliminated in
sales to public school systems in the State of Georgia.
4. OTHER GOVERNMENT ENTITIES Other government entities, including Chattahoochee,
Marion, Harris, and Webster Counties will be allowed to piggyback off this annual contract to the extent
allowed by their local policies. Please note that the projected quantities provided are for Muscogee
County only.
5. BID AWARD The contract will be awarded to the vendor with the largest number of lowest delivered
prices.
6. TRADE NAME Suppliers are required to indicate the brand name and model of merchandise quote.
Brand names and models listed in the specifications are used as a standard of quality and are not meant
to limit competition.
7. NO ASSIGNMENT, DELEGATION, OR SUBCONTRACT WITHOUT DISTRICT CONSENT
Except as may be specifically permitted, vendor shall not delegate, subcontract, assign, or otherwise
permit anyone other than vendor personnel to perform any of the work and/or provide any of the
services required of vendor under this contract, or assign any of its rights or obligations hereunder,
without the prior written consent of the Muscogee County School District, which consent may be
withheld by the Muscogee County School District in its sole discretion.
8. CONTRACT PERIOD The contract period shall cover the period August 01, 2026 through July
31, 2027. Prices shall remain firm and fixed throughout the contract period. In compliance with State of
Georgia law, O.C.G.A. 20-2-506, the contract shall terminate absolutely and without further obligation
at the close of the calendar year. The Board may renew the contract in one-year increments, not to
exceed a total of three years.
Georgia law at OCGA s 20-2-506 contains very specific provisions regarding the limited authority of
school boards to enter into contracts whose terms could financially obligate future boards of education.
Boilerplate or standard termination clauses, therefore, are often problematic for the MCSD. A board of
education cannot unreasonably financially obligate a future board of education. The terms of the law
will
be summarized below, as a thorough discussion of the requirements is outside of the scope of this
document.
Under certain conditions, school systems may enter into multi-year lease, purchase, or lease-purchase
contracts, and these contracts may be used to acquire construction project sites or buildings, or for other
purposes. Each such contract must terminate at the end of the calendar year in which the contract was
entered into, and at the end of each succeeding calendar year. The contract may provide that it shall be
automatically renewed for each successive year unless the school system takes affirmative steps to
terminate the contract. The contract must contain a clear statement of the school system's total financial
obligation for the original and each succeeding calendar year. Except for guaranteed energy savings
contracts, the total value of all such contracts for any calendar year may not exceed 7.5 percent of the
total local revenue collected in the most recently completed fiscal year. Failure to comply with the
specific requirements of the code section can make the contract void.
9. RESPONSE, INTERPRETATION, AND COMMUNICATION
A. Response shall be on the bid forms provided only.
B. Bids received after the stated due date and time will not be accepted.
C. If you do not wish to bid, respond with "No Bid" and give a reason for this response.
D. If a bidder contemplating submitting a price quotation is in doubt as to the true meaning of any part
of these documents or knows of an error, submit a request for interpretation to the Purchasing
Manager at Arrighi.Aileen@muscogee.k12.ga.us.
E. Communication about this active bid should not be made with any employee of the MCSD except
the Senior Buyer or the Purchasing Manager.
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
F. Procedures for formal protests of bids are available at www.muscogee.k12.ga.us > Vendors >
Additional Information.
G. Any addenda will be posted to www.muscogee.k12.ga.us.
10. DELIVERY
A. Delivery of all materials from this quotation shall be FOB destination to the address specified on the
order. Delivery shall be made within the vendor's quoted days after receipt of the order. Any item(s)
not delivered within the time limit may be canceled by the school district at no expense to the same.
All products must be delivered on a company truck, not Less than Truckload (LTL) or a third-
party delivery company
11. INSPECTION All articles shall be subject to inspection after arrival at destination. If any item is found
to be defective or otherwise not conforming to the specifications, the school district shall have the right
to reject the product and return it at the sellers' expense.
12. SAFETY Material Safety Data Sheets shall be provided for all applicable items.
13. PAYMENT The payment terms for the District are Net 30. Payment shall be approved upon receipt,
inspection, and acceptance of the materials at destination and receipt of proper itemized invoices. The
District has determined issuing payments electronically is the preferred method of payment. The District
reserves the right to remit payments using an electronic method in lieu of issuing a check at no
additional cost to the District. Payment of interest / late fees is prohibited by the gratuities clause of the
Georgia constitution. Similarly, MCSD cannot enter into an agreement that requires it to pay attorney's
fees or goods/services not priced in the contract or authorizes the payment of unknown/unspecified cost
increases that cannot be calculated.
14. BID RECAP A bid summary shall be sent to all participating vendors.
15. EQUAL OPPORTUNITY POLICY Vendors shall abide by the school district's non-discrimination
policy (DJED). The vendor/contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, handicap, or national origin. The vendor/contractor
shall take appropriate action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, sex, handicap, or national origin. Such
action shall include, but shall not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, and training. It is
the further policy of the Board to ensure equal opportunity for minority-owned businesses and minority
professionals with regard to all work, services, and supplies purchased by the Board and all construction
projects undertaken by the Board which are competitively bid by the Board.
16. Bond Requirements. A bond is not required for this bid.
17. FACILITIES The vendor shall be responsible and liable for damage to the storage, building, and
grounds areas if the vendor's employees or agents cause damage during delivery.
18. CERTIFICATION REGARDING NON-COLLUSION The undersigned hereby certifies that the
price(s) and amounts of this bid have been arrived at independently and without consultation,
communication, or agreement with any other contractor, bidder, or potential bidder. Neither the price(s)
nor the amount of this bid, and neither the approximate price(s) nor the approximate amount of this bid,
have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be
disclosed before bid opening. No attempt has been made or will be made to induce any firm or person
to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any
intentionally high or noncompetitive bid or other form of complementary bid. The bid is made in good
faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to
submit a complementary or other noncompetitive bid. The bidder, its affiliates, subsidiaries, officers,
directors, and employees are not currently under investigation by any government agency and have not
in the last three years been convicted or found liable for any act prohibited by State or Federal law in
any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. The
bidder understands that collusive bidding is a violation of state and federal law and can result in fines,
prison sentences, and civil damage awards.
19. CERTIFICATION REGARDING DEBARMENT The undersigned hereby certifies and swears that
neither this vendor nor its principals are presently debarred, suspended, proposed for debarment,
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State
department or agency.
20. CERTIFICATION REGARDING GEORGIA SECURITY AND IMMIGRATION COMPLIANCE
ACT OF 2006 The undersigned hereby certifies that the bidder and any subsequent subcontractors have
registered with and are participating in a federal work authorization program as outlined in the O.C.G.A.
13-10-91.
21. INSURANCE The successful bidder shall supply to the school district proof of insurance for
automobiles, workers' compensation, and general liability. The awarded contractor shall furnish to
MCSD a current Certificate of Insurance. Insurance certificates will be reviewed by the MCSD
Department of Risk Management. MCSD is a member of an interlocal risk management agency, the
Georgia School Board Association (GSBA). GSBA Risk Management Services (RMS) offers protection
through its group-self-insurance plans for workers' compensation, property, and liability risks.
Provisions mandating the MCSD to purchase insurance, increase policy limits, or name the vendor or
other third party as an additional insured party cannot be included in contracts with the MCSD.
Muscogee County School District must be shown as Additional Insured with respect to liability.
Attach a copy of the policy "Additional Insured" endorsement or state on the certificate that the policy
has been specifically endorsed to provide coverage, including Defense Cost Coverage for Muscogee
County School District as an Additional Insured. Professional Liability is excluded.
A. COMPREHENSIVE GENERAL LIABILITY
Standard 1986 ISO (Insurance Services Office) Occurrence Form
Bodily Injury - $1,000,000 Each Occurrence
- $2,000,000 per location Aggregate
Property Damage - $1,000,000 Each Occurrence
- $2,000,000 Aggregate
Or
Bodily Injury/Property Damage - $2,000,000 CSL (Combined Single Limit) Each
Occurrence/per location Aggregate
* Endorsement granting additional insured status to MCSD for ongoing operations (CG
20 10 or equivalent to be reviewed by Risk Management)
* Endorsement granting additional insured status to MCSD for products and completed
operations (CG 20 37 or equivalent to be reviewed by Risk Management)
* Endorsement granting waiver of subrogation in favor of MCSD
* Endorsement showing coverage is Primary and Non-contributory to any coverage
afforded to MCSD
B. COMPREHENSIVE AUTOMOBILE LIABILITY
Including Owned, Non-Owned, and Hired Vehicles
Bodily Injury/Property Damage - $1,000,000 CSL per Accident
C. WORKERS' COMPENSATION
Georgia Statutory Coverage
Employer's Liability:
- $500,000 Each Accident
- $500,000 Disease Policy Limit
- $500,000 Disease Each Employee
* Endorsement granting waiver of subrogation to MCSD
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
D. UMBRELLA/EXCESS
$2,000,000 limit of liability for each occurrence and aggregate with any lesser amount
approved in advance in writing by the Chief, confirming the policy is following form
over General Liability, Auto Liability, and Employers Liability.
22. INDEMNIFICATION / HOLD HARMLESS CLAUSE: The MCSD cannot enter into an agreement
whereby it agrees to indemnify or hold harmless a vendor or other third party. This language typically
looks like "agrees to hold harmless from any liability, personal injury, or property damage arising out of
the performance..." There are three legal principles that come into play here. First, indemnification
provisions have been held by Georgia courts to be an unauthorized attempt to waive the State's
sovereign immunity. An opinion of the Georgia Attorney General (AG) counsels that an unauthorized
attempt to waive sovereign immunity through an indemnification agreement in a contract would be ultra
vires and void. 1980 Op. Atty. Gen. 80-67. The Georgia Supreme Court has held that an indemnification
clause is invalid where the governmental entity didn't have express statutory authority to waive its
sovereign immunity. CSX Transp., Inc. v. City of Garden City, 588 S.E.2d 688 (Ga. 2003). Second, an
indemnification violates Georgia's Constitutional ban on gratuities. The Georgia Constitution does not
allow any donation or gratuity or forgiving of any debt owed to the public. Ga. Const. Art. III, s VI,
Para VI (a). The Georgia AG has issued an opinion expressly stating that indemnification provisions are
gratuitous undertakings in violation of the gratuities clause. 1980 Op. Atty. Gen. 80-67. Third, the
Georgia Constitution does not allow the credit of the state to be pledged or loaned to any individual,
company, corporation, or association. Ga. Const. Art. VII s IV Para VIII. The AG has opined that the
constitutional debt restriction does not allow any state agency from contractually agreeing to any
indemnification or "hold harmless" clause. See 1980 Op., supra. An indemnification is open-ended in
nature because, at the time of contracting, neither party knows if nor when it will be triggered. As such,
it violates the debt restriction.
23. FORCE MAJEURE If the Muscogee County School District, in its reasonable discretion, determines
that the Force Majeure event is likely to delay the Contractor's performance for more than thirty (30)
days, the Muscogee County School District 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
Muscogee County School District's obligation to pay the Contractor for work already completed by the
Contractor and the Contractor's warranty for work already completed.
24. EXCEPTIONS To take exception to a provision of this Invitation to Bid, the Bidder must clearly
identify the BID EXCEPTION when submitting the bid.
25. CONFIDENTIALITY:
MCSD and its student records are subject to the terms of The Family Educational Rights and Privacy
Act (34 CFR 99.33). If the vendor becomes privy to certain personally identifiable student
information ("Student Information"), the vendor agrees to abide by the limitations on re-disclosure of
any such Student Information, which constitutes an education record as defined in FERPA (34 CFR
99.33 (a)(2)) and with the terms set forth below. 34 CFR 99.33 (a) (2) states that the officers, employees,
and agents of a party that receive education record information from the MCSD may use the
information, but only for the purposes for which the disclosure was made.
The parties acknowledge that such Student Information includes any paper and electronic Student
Information as may be supplied by MCSD, as well as any data provided by MCSD's students to the
vendor. The vendor agrees to hold any Student Information in strict confidence. The vendor shall not use
or disclose any Student Information received from or on behalf of MCSD (or its students) except as
permitted or required by the Sales Agreement, as required by law, or as otherwise authorized in writing
by MCSD. The vendor agrees not to use any Student Information for any purpose other than the purpose
for which the disclosure was made.
Upon termination, cancellation, expiration, or other conclusion of the Sales Agreement, the vendor shall
return all education records or, if the return is not feasible, destroy any and all Student Information. If
the vendor destroys the Student Information, the vendor shall provide MCSD with a certificate
confirming the date of the destruction of the data.
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
If MCSD reasonably determines in good faith that the vendor has materially breached any of its
obligations under this agreement, MCSD, in its sole discretion, shall have the right to require the vendor
to submit to a plan of monitoring and reporting; provide the vendor with a fifteen (15) day period to cure
the breach, or terminate the Sales Agreement immediately if cure is not possible. Before exercising any
of these options, MCSD shall provide written notice to the vendor describing the violation and the action
it intends to take. If the Family Policy Compliance Office of the U.S. Department of Education
determines that the vendor improperly disclosed personally identifiable information obtained from
MCSD's education records, MCSD may not allow the vendor access to education records for at least
five years.
The vendor shall develop, implement, maintain and use appropriate administrative, technical, and
physical security measures to preserve the confidentiality, integrity, and availability of all electronically
maintained or transmitted Student Information received from, or on behalf of MCSD or its students.
These measures will be extended by contract to all affiliates and subsidiaries of the vendor.
The vendor shall, within one day of discovery, report to MCSD any use or disclosure of Student
Information not authorized by this agreement or in writing by MCSD. The vendor's report shall identify:
(i) the nature of the unauthorized use or disclosure, (ii) the Student Information used or disclosed, (iii)
who made the unauthorized use or received the unauthorized disclosure, (iv) what the vendor has done
or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what
corrective action the vendor has taken or shall take to prevent future similar unauthorized use or
disclosure. The vendor shall provide such other information, including a written report, as reasonably
requested by MCSD.
The vendor shall defend and hold MCSD harmless from all claims, liabilities, damages, or judgments
involving a third party, including MCSD's costs and attorney fees, which arise as a result of the
vendor's failure to meet any of its obligations under this agreement.
26. OPEN RECORDS ACT: MCSD is subject to Georgia's Open Records Act at OCGA s 50-18-70, et.
seq. This law allows individuals to view MCSD records [whether maintained electronically or through
paper] and/or make copies unless the records are specifically exempted by the law. The law does contain
specific language addressing valid trade secrets but requires specific action from the vendor to ensure
confidentiality.
You are hereby notified by MCSD that it is the submitting party's obligation to indicate whether any of
the information submitted to MCSD constitutes a "trade secret" as defined by law and if so, what
specific information constitutes a "trade secret." The Georgia Open Records Act, as amended in April
2012, requires that any "trade secret" information be designated as such at the time it is provided to a
governmental agency. The Act further indicates that a failure to make such a designation may result in a
waiver of the right to subsequently claim that such information is confidential or otherwise protected
from public disclosure.
OCGA 50-18-72 (a) (34). Specifically, OCGA 50-18-72 (a) (34) states in material part:
"(a) Public disclosure shall not be required for records that are:
(34) Any trade secrets obtained from a person or business entity that are required by law, regulation, bid,
or request for proposal to be submitted to an agency. An entity submitting records containing trade
secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the
records an affidavit affirmatively declaring that specific information in the records constitutes trade
secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before
producing such records in response to a request under this article, the agency shall notify the entity of its
intention to produce such records as set forth in this paragraph. If the agency makes a determination that
the specifically identified information does not, in fact, constitute a trade secret, it shall notify the entity
submitting the affidavit of its intent to disclose the information within ten days unless prohibited from
doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the
requested records, the entity may file an action in a superior court to obtain an order that the requested
records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor
with a copy of its court filing. If the agency makes a determination that the specifically identified
information does constitute a trade secret, the agency shall withhold the records, and the requester may
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
file an action in a superior court to obtain an order that the requested records are not trade secrets and are
subject to disclosure;"
27. COMPLIANCE WITH LAWS The successful proposer shall procure all permits, bonds, and licenses,
pay all charges, taxes, and fees, and give all notices necessary and incidental to the due and lawful
prosecution of the work. All costs thereof shall be deemed to be included in the proposal price. The
successful proposer shall, at all times, observe and comply with all Federal, State, City, and other laws,
codes, ordinances, rules, and regulations in any manner affecting the conduct of the work.
28. MCSD REQUIREMENTS- Muscogee County School District intends to continue some school business
functions during the project.
A. The contractor must coordinate the service schedule with a representative from School Nutrition.
This project must not interfere with any school business function.
B. Proposers shall carefully examine the worksite to obtain first-hand knowledge of existing conditions.
C. School District Regulations - The contractor shall follow all applicable Muscogee County School
District regulations while on Muscogee County School District property, including the no alcohol,
no tobacco products, no weapons, no idling, and drug-free policies.
29. The vendor shall protect all buildings, trees, shrubs, lawns, and all landscape work from damage. Any
damaged property shall be repaired and replaced at the vendor's expense. Additionally, the vendor shall
protect all private roads, streets, and sidewalks, driveway aprons, driveways, and shall make all
necessary repairs at their own expense. The Vendor shall be responsible for any damage done while
operating on MCSD property. Damage must be reported within 24 hours to the School Nutrition
Department. Failure to do this may result in the termination of the contract/services. Damage must be
repaired or replaced within a reasonable time.
Muscogee County School District Terms and Conditions Specific to the School Nutrition Program
1. Debarred, Suspended, and Ineligible Status. The Muscogee County School District shall solicit
offers from, award contracts to, and consent to subcontracts with responsible vendors and/or principals
only. The serious nature of debarment and suspension requires that sanctions be imposed only in the
public interest for the Government's protection and not for purposes of punishment. Institutions shall
impose debarment or suspension to protect the Government's interest and only for the causes and in
accordance with the procedures set forth in 2 CFR 200.213.
The vendor certifies that the vendor and/or any of its sub-vendors or principals have not been debarred,
suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal
government or as defined in the 2 CFR 200.213 which states "Non-federal entities are subject to the
non-procurement debarment and suspension regulations implementing Executive Orders 12549 and
12689, 2 CFR part 180. These regulations restrict awards, 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 the
vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Vendors
by a federal entity. See Attachment A.
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.
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MUSCOGEE COUNTY SCHOOL DISTRICT
INVITATION TO BID #26-023
PURCHASE OF MILK AND DIARY PRODUCTS
2. Contract Extension. In the event that this Standard Contract shall terminate or be likely to terminate
prior to the making of an award for a new contract for the identified goods and services, the Muscogee
County School District may, with the written consent of the Contractor, extend this Contract for such
period as may be necessary to afford the Muscogee County School District a continuous supply of the
identified goods and services. Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed
to create a debt of the State for the payment of any sum beyond the fiscal year of execution or, in the
event of a renewal, beyond the fiscal year of such renewal.
3. Buy American Act - 7 CFR 210.21 (d)
The vendor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998
(Buy American Act:7 CFR 210.21(d)) which requires schools and institutions participating in the
National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United
States to purchase, to the maximum extent practicable, domestic commodities or products for use in
meals served under the NSLP and SBP.
Buy American:
(1) Definition of domestic commodity or product. The term 'domestic commodity or product' means:
(i) An agricultural commodity that is produced in the United States; and
(ii) A food product that is processed in the United States substantially using agricultural
commodities that are produced in the United States. Substantial means over 51% of the final
processed product consists of agricultural commodities that were grown domestically.
Products from Guam, American Samoa, the 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 24 hours 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 the Bid Certification document, the vendor certifies that all domestically identified products
listed within the response to the attached specifications were processed in the U.S. and contain over 51%
of their agricultural food components, by weight or volume, from the U.S. Any response listing a non-
domestic product will include a valid resource to verify that the non-domestic good is not produced or
manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.
If a non-domestic substitute product is offered that is not currently included in the contract, the School
Food Authority must be notified, and appropriate documentation must be provided within 24 hours. If
no documentation is received within this time frame, a credit will be issued for the product.
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