RFP - Food Bid Dawson County Schools

Dawson County - Lumpkin County

School Nutrition Programs

REQUEST FOR PROPOSAL (RFP)

RFP #:_1002-DCLC___

Request for Proposal Timeline

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(S) and the Proposer, terms and conditions, schedule, specifications, drawings, 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(S): School Food Authority(s)

SNP: School Nutrition Program

Solicitation: A document used by the SFA(S) 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 Dawson County and Lumpkin County School Food Authorities), (hereafter referred to as SFA(S)) is requesting and issuing this RFP (Request for Proposal) for the School Nutrition Program (SNP) for the distribution of groceries, both dry, refrigerated and frozen. 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(S) through proposal.

b) The SFA(S) are 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(S) 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(S) 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. 7 CFR 210,215,220,245, and 250; and FNS instructions and policy.7 CFR 210.16, 210.21, 250 Sub D, 7 CFR 200.318-326, Appendix II Part 200.

e) 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

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.

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.

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.

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(S) 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

QUESTIONS CONCERNING PROPOSAL

Questions regarding this Request for Proposal shall be directed to:

SFA(S) Director Name or designee: _Scott Richardson for Dawson & Julie Knight-Brown for Lumpkin__

E-mail address ,

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(S) 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 # 1002 DCLC for Dawson & Lumpkin County School Nutrition." Return address on envelope should include the Proposer's complete mailing address.

Proposals shall be mailed or delivered to:

_Dawson County School Nutrition_________(SFA(S)) School Nutrition Department

_________28 Main Street_______________(Street Address)

_________Dawsonville, GA. _________ (City/State) __30534___(Zip)

Email submission is acceptable. Subject line of email must indicate RFP# 1002-DCLC FOR Food/Groceries FOR Dawson & Lumpkin Counties' SCHOOL NUTRITION. Email address: scott.richardson@dawsoncountyschools.org

Sealed proposals or acceptable email submissions must be received by the SFA(S) 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 or with email submission (if acceptable as noted above). All proposals will be stamped and documented to validate time and date of receipt.

Late proposals shall not be accepted. The SFA(S) shall not be responsible for late receipt of proposals. Late proposals will be returned unopened to the address provided on envelope or email (if accepted).

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)'s sole discretion, may be given 72 hours from the time of the proposal opening in which to provide such information to the SFA(S).

The SFA(S) has the right to waive any, and all informalities.

AWARD DETERMINATION STATEMENT

This RFP is intended to be awarded to Single or multiple proposers and result in a cost reimbursable or a fixed price contract. All prices shall remain firm for 3-month intervals for the entire contract period unless otherwise noted in the Pricing and Method of Payment section.

The award of this RFP is contingent upon available budget funds and approval of the Dawson & Lumpkin County Boards of Education.

c) The SFA(S) 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(S) 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(S) 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(S) 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(S) 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

Proposals will be evaluated in accordance with the required specifications as listed in this RFP. At the SFA(S)'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)'s opinion, the best overall solution to meet the SFA(S)'s specifications.

The SFA(S) reserve 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(S).

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(S) shall analyze each proposal received. The SFA(S) and a committee will evaluate the proposal and use the following rubric. SFA(S) will use the categories listed below. (Additional categories may be inserted and/or others deleted to meet the specific needs of the SFA(S).)

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(S) 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(S) reserve 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(S) 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(S) reserve the right to waive a proposal's minor irregularities if rectified by Proposer within three business days of the SFA(S)'s issuance of a written notice of such irregularities.

3) The SFA(S) reserve 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(S) to award a contract. The SFA(S) reserve 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(S).

5) Any Proposer who has a documented and demonstrated poor performance during a current or previous agreement with the SFA(S) may be considered a non-responsible Proposer and their proposal may be rejected. The SFA(S) reserve the right to exercise this option as is deemed proper and/or necessary. Proposer may be deemed non-responsible for up to 3 years.

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(S). 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(S) 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 () - 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 . 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 SFA(S)s 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(S) upon request. To be considered for an alternative or exception, the request must be submitted in writing to the SFA(S), a minimum of _10_day (s) in advance of delivery. The request must include:

(1) Alternative substitute(s) that are domestic and meet the required specifications:

(a) Price of the domestic food alternative substitute(s); and

(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited/lack of availability or price (include price):

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

By signing this document, the 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.

DOMESTIC PREFERENCE FOR GOODS AND MATERIALS (Applicable to non-food only) 2 CFR 200.322

As appropriate and to the extent consistent with law, the recipient and/or subrecipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

(1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy American preferences set forth in 2 CFR part 184.

REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT- 2 CFR Appendix 2 to Part 200 (B)

Immediate Termination - This contract will terminate immediately and absolutely if the SFA(S) determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the SFA(S) cannot fulfill its obligations under the Contract, which determination is at the SFA(S)'s sole discretion and shall be conclusive. Further, the SFA(S) 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(S) determine 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(S) 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)'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(S) 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(S) 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(S) to liability, as determined in the SFA(S)'s sole discretion and/or

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

Notice of Default- If there is a default event caused by the Proposer; the SFA(S) shall provide written notice to the Proposer requesting

the breach or noncompliance be remedied within the time-period specified in the SFA(S)'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(S) 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(S) 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(S) up to and including date of termination.

Termination Due to Change in Law- The SFA(S) 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)'s authorization to operate is withdrawn or there is a material alternation in the programs administered by the SFA(S); and/or

The SFA(S)'s duties are substantially modified.

Payment Limitation in Event of Termination- In the event of termination of the Contract for any reason the SFA(S) 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(S) are 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(S)under

the Contract in the event of termination. The SFA(S) 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(S), 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(S) may require;

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

Comply with the SFA(S)'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(S), 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(S) any payments made by the SFA(S) 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(S) to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises, veteran-owned businesses, and labor surplus area firms. Small businesses, women and minority-owned business, veteran-owned businesses, 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).

Such consideration means:

(1) These business types are included on solicitation lists;

(2) These business types are solicited whenever they are deemed eligible as potential sources;

(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types;

(5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring a contractor under a Federal award to apply this section to subcontracts (2 CFR 200.321)

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 , all contracts

that meet the definition of "federally assisted construction contract" in .3 must

include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with

, "Equal Employment Opportunity" (, 12935, 3 CFR Part, 1964-

1965 Comp., p. 339), as amended by , "Amending

Relating to Equal Employment Opportunity," and implementing regulations at , "Office

of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.")

2 CFR Appendix 2 to Part 200 (C)

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(S) 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 Dawson 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 Superintendent of Schools, Nicole LeCave at the designated SFA''s location. 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(S) 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(S) funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the SFA(S) shall participate in selection or in award or administration of a contract supported by the SFA(S) 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 for both Dawson and Lumpkin County 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(S) 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(S) 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

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 for both Dawson and Lumpkin County. 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

Prices: All prices offered shall be firm against any increase for 90 days from the date of the contract award. Subsequently, the SFA(S) may entertain a request for escalation/de-escalation on a quarterly 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. Acceptable 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

Request for price increases and/or decreases must be submitted to the SFA(S) 30 days prior to taking effect. The aforementioned third-party publication/documentation must accompany requested price increases. The SFA(S) 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 7 % per the awarded price of each product, the SFA(S) 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.

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(S) 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(S). 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:

Delivery location and date of delivery

Item description and cost

Extended cost for total quantity purchased

Total cost of all products purchased

Signature of acceptance

Monthly statements will be broken down by school invoice and mailed to: __Dawson County Board of Education School Nutrition Director

Address: _28 Main Street, Dawsonville, GA 30534_

Lumpkin County Board of Education School Nutrition Director

Address: _56 Indian Drive, Dahlonega, GA 30533_

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(S) require delivery in less than 2 days and the Proposer cannot provide the goods within the emergency delivery period, the SFA(S) have 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(S) will call Proposer to report contract violation. The SFA(S) 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 will result in termination of the contract for cause. If the offense is providing sub-par product, then the Proposer agrees to pay the SFA(S) to purchase quality product at the Proposer's expense.

3. After the Proposer's third and final offense, the SFA(S) will terminate the contract for cause in writing via email and regular mail, copying the District Purchasing Compliance Officer.

Emergency orders - In an emergency situation in which the Proposer cannot provide the supplies within the emergency delivery

period, the SFA(S) have the option to purchase those supplies from another source with no penalty to either party.

AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the SFA(S) and the Proposer shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed by both parties.

ASSIGNMENT

The Proposer shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements with the School Nutrition Program, 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 School Nutrition Program.

INDEPENDENT PROPOSER AND INDEMNITY

The Proposer shall act as an independent Proposer and not as an employee of the School Nutrition Program. Proposer agrees to indemnify and hold harmless the School Nutrition Program, 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 Proposer, its sub Proposers or its respective agents, servants, or employees or such parties' failure to perform in accordance with the provisions of the contract resulting from this RFP.

TIME OF PERFORMANCE

a) Notwithstanding any delay in the preparation and execution of the formal contract agreement, the Proposer shall be prepared, upon written notice of proposal award, to commence delivery of goods pursuant to the award as indicated on the RFP Timeline as the Start Date and End Date of the proposal.

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

FORCE MAJEURE

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

EVIDENCE OF INSURANCE

The successful Proposer, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this RFP the following coverage:

Prior to commencement of performance of this Agreement, Proposer shall furnish to the SFA(S) a certificate of liability insurance evidencing all required coverage in at least the limits required herein, naming the Dawson County and the Lumpkin County Board of Education, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be cancelled without ten (10) days advance written notice to the School Nutrition Program. Such certificate shall be issued to the Dawson County and the Lumpkin County Board of Education, School Nutrition Programs. 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 Proposer, whichever shall occur later.

EXCEPTIONS

A Proposal submitted in response to this RFP constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this RFP, except to the extent that a Proposer takes exception to such provisions. To take exception to a provision of this RFP, the Proposer must clearly identify in the Proposal Exception form: (a) the number and title of each section of this RFP that the Proposer takes exception to; (b) the specific sentence within such section that the Proposer takes exception to; and (c) any alternate provision proposed by the Proposer. See Attachment G

WARRANTY

Successful Proposer 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 Proposer shall replace any damaged or inferior product in a timely manner to minimize the disruption of the School Nutrition Program's operations.

GIFTS AND GRATUITIES Acceptance of gifts from Proposers and the offering of gifts by Proposers are prohibited. No employee of the school districts 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.

SAMPLES: The SFA(S) reserve the right to request samples of any/all items indicated on the proposal schedule. Samples shall be provided within five (5) business days upon request. It will be the responsibility of the Proposer to incur all costs associated with the request of samples. Each sample is to be labeled with the Proposer's name, the item number as indicated on the Quote Sheets, and the proposal number. Each sample must have a minimum of five (5) servings to be evaluated. Product labels on selected samples will be kept for verification when shipments are received. Products without such information may not be considered.

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.

WAIVER AND REJECTION RIGHTS Not withstanding 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.

RELEASE FROM CONTRACT In the event the market for a product covered by this request escalates to a point that the Proposer is delivering product at less than

cost, the Proposer may petition for release from the contract. The petition shall be supported by a third-party market bulletin. The

decision to release the Proposer from the contract will be based on the difference between the market at the time of the proposal

opening and the current market for this item(s).

PIGGYBACKING CLAUSE

The Proposer agrees to allow the Dawson County and the Lumpkin County Board School Nutrition Programs and the following school districts (see Attachment F and each SFA(S) piggybacking agreement form) to have the same terms, cost and conditions as this proposal, during the time that this proposal is in effect. SFA(S) may order items in quantities of one or more. Any liability created by purchase orders issued against this agreement shall be the sole responsibility of the SFA(S) placing the order. Prices and terms shall remain firm and in effect following the award of this proposal, unless otherwise specified.

FOOD RECALLS AND BIOSECURITY (required only for processing proposals at this time) 7 CFR 250

Proposer shall be expected to comply with all federal, state, and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Proposer shall have a process in place to effectively respond to a food recall. The process must include accurate and timely communications to the SFA(S) and assurance that unsafe products are identified and removed from SFA(S) sites in an expedient, effective, and efficient manner. Selected Proposer will be expected to maintain all paperwork required for immediate and proper notification of recalls for full and split cases. Proposer will define their policy and procedures for handling food recalls on a separate document to be submitted along with proposal. Proposer will provide the food recall contact person and the backup person's contact information to the school nutrition director or designee by completing the chart below. Food recall procedures can be found in 7 CFR 250.

Food Recall Contact Information: (Prospective Bidders Please Fill Out)

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

CONTRACT WORK HOURS/SAFETY STANDARDS ACT (40 U.S.C. 3701-3708) (where applicable) 2 CFR Appendix 2 to Part 200 (E)

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 Proposer 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 which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles.

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (if applicable) [Appendix II to 2 CFR 200(F)]

If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient

wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,

assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or

subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and

Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations

issued by the awarding agency.

PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323 and 2 CFR Appendix 2 to Part 200 (J)) (if applicable)

An SFA(S) and its must comply with section 6002 of the , as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

INTERNAL CONTROLS 2 CFR 200.303

Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable

information (PII) and other types of information. This also includes information the Federal agency or pass-through entity

designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable

Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.

CIVIL RIGHTS STATEMENT AND ASSURANCE

The Dawson County and Lumpkin County School Districts hereby agree that it will comply with:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA

Amendment Act of 2008 (42 U.S.C. 12131-12189);

Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency."

(August 11, 2000);

All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7

CFR Part 15 et seq.);

Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the

grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability,

be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any

program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives

assurance that it will immediately take measures necessary to effectuate this Agreement.

The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S.

Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies,

offices, and employees, and institutions participating in or administering USDA programs are

prohibited from discriminating based on race, color, national origin, religion, sex, gender identity

(including gender expression), sexual orientation, disability, age, marital status, family/parental

status, income derived from a public assistance program, political beliefs, or reprisal or retaliation

for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases

apply to all programs).

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

By accepting this assurance, the Dawson County and Lumpkin County School districts agree to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the

Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Dawson County and Lumpkin County School Districts, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Dawson County and Lumpkin County School Districts.

Signature:___________________________________________________________________

Printed Name:______________________________________________________________

Title: ____________________________________________

Signature:___________________________________________________________________

Printed Name:______________________________________________________________

Title: ____________________________________________

ATTACHMENT A

Specifications & Quote Sheet Proposal

DEFINITIONS (if applicable) :

Proposed Unit: The unit designation which shall be applicable to all pricing offered for proposal evaluation purposes. Unit cost, freight, fixed fee, estimated usage, and the extended cost shall be stated in terms of the designated proposed unit. In some instances, the proposed unit and the package unit may be the same.

Pack size: With some items the proposed unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Proposer will be required to offer according to the designated proposed unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit: The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold. This shall also mean packaging being referred to when the term "case price" is applicable.

ATTACHMENT B

PROPOSAL FORM

Notice to Proposers:

It is essential that the submitted Proposal complies with all the requirements contained in this RFP. The undersigned Proposer agrees, if this proposal is accepted, to enter into an agreement with the SFA(S) to perform and furnish all products as specified or indicated in the contract documents.

This Proposal is submitted to: Dawson County and Lumpkin County School Districts

This Proposal is submitted on this date: _______________________________________ (MM/DD/YYYY)

This Proposal is valid for sixty (60) days from the date of the public opening of the proposals.

Communications and questions regarding this proposal are to be directed to:

_Scott Richardson for Dawson & Julie Knight-Brown for Lumpkin_

E-mail address ,

Receipt of Addenda: (if applicable)

In submitting this Proposal, Proposer represents that they have received and examined the following Addenda:

Addendum 1_____________________ Date__________________________

Addendum 2 ____________________ Date__________________________

Checklist for Proposer:

The following documents are attached to and made part of the Proposal (check all that apply):

Lobbying Certificate Specifications Debarment Status Form Anti-Collusion Affidavit

Proposer Proposal Form Contract Signature Page Proposal Exception Form References

Proposal Pricing

Unless items are specifically excluded in the Proposal, the SFA(S) shall deem the Proposal to be complete and shall not be charged any costs above and beyond the amount as set forth by the Proposer herein.

Total Proposal Price: $_____________________ (Pricing may be included on attachment for multiple items)

Authorized Signature of Proposer: (This proposal form must be signed by an individual with actual authority to bind the company.)

Company Type (check one):

Sole Proprietorship Partnership Corporation Joint Venture LLC

Proposer attests that:

They have thoroughly reviewed this RFP and that this response is submitted in accordance with the RFP requirements.

Company Name: ____________________________________________

Federal ID#1: ____________________________________________

Street Address: _____________________________________________

____________________________________________

_____________________________________________

Signature**: _____________________________________________

Signatory's Name: _____________________________________________

Signatory's Title: _____________________________________________

Witness's Signature**: ____________________________________________

Witness's Name: ____________________________________________

Witness's Title: ____________________________________________

**For Corporations: The proposal must be signed by the President or Vice President and the signature must be attested by the Corporate

Secretary or Treasurer.

If any employee other than the President or Vice President signs on behalf of the corporation, or if the

President's or Vice President's signature is not attested to by the Corporate Secretary or Treasurer, a copy of

the corporate resolution authorizing said signature(s) must be attached to this proposal. Failure to attach a

copy of the appropriate authorization, if required, may result in rejection of the proposal.

ATTACHMENT C

DELIVERY SITE(S)

Dawson County and Lumpkin County School Districts

All items will be delivered to the following Sites:

ATTACHMENT D

LOBBYING CERTIFICATION DISCLOSURE

(The Byrd-Anti-Lobbying Act) 2 CFR Appendix 2 to Part 200(I)

ATTACHMENT E

Instructions for Certification

By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.

Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

ATTACHMENT F

LIST OF SFA(S)s DESIRING TO PIGGYBACK

RFP # (Enter #)

The SFA(S) will provide this list of SFA(S)s desiring to "Piggyback" on a contract with the awarded Proposer (as applicable). Any SFA(S) wishing to piggyback must complete the following agreement (Attachment F-1) to be approved by the Proposer once awarded.

ATTACHMENT F-1

LIST OF SCHOOL SYSTEMS THAT DESIRE TO PIGGYBACK

SCHOOL DISTRICT PIGGYBACKING PARTICIPATION AGREEMENT

RFP FOR: (insert proposal type)__________________

RFP #:______________________

SCHOOL YEAR:______________

The Dawson County and Lumpkin County School Nutrition Programs agree to this piggybacking provision to enter into a contract with *(Insert the awarded Proposer) for the purchase of the items described herein in this proposal document based on the same terms, conditions, prices and products offered by the successful vendor to (______________________________) County/City School District.

Minor changes in delivery terms and conditions, number of schools and delivery frequencies may be discussed by participating SFA(S) for up to 30 days following the award of this contract. The following SFA(S) may participate in the final contract.

*Proposer name and signature will be warranted once contract is awarded.

NAME OF SCHOOL DISTRICT:______________________________________________________________________

ADDRESS: ____________________________________________________________________________________________________________________________________________________________________________________

SCHOOL NUTRITION DIRECTOR:____________________________________________________

PHONE:___________________________________ E-MAIL:_____________________________

NUMBER OF SCHOOLS:____________

DELIVERY FREQUENCY:____________________________________________________________

(Example: 1 x a week; 2 x a week; daily, etc.)

School District Authority Signature: * Awarded Vendor Signature:

________________________________ _____________________________

Name: (printed) Name of Company: (printed)

________________________________ _____________________________

ATTACHMENT G

PROPOSAL EXCEPTION FORM

ATTACHMENT H

ANTI-COLLUSION AFFIDAVIT

STATE OF:

COUNTY/CITY OF:

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

Signed

Subscribed and sworn before me this day of ______________ , 20____.

Notary Public (or Clerk or Judge) __________________________________________

My commission expires: ______________________(MM/DD/YYYY)

ATTACHMENT I

E-VERIFY

PROPOSER AFFIDAVIT

By executing this affidavit, the undersigned Proposer verifies its compliance with O.C.G.A. 13-10-91(b)(1), stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the Dawson County and Lumpkin County School Districts have registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91. Furthermore, the undersigned Proposer will continue to use the federal work authorization program throughout the contract period and the undersigned Proposer will contract for the physical performance of services in satisfaction of such contract only with sub Proposers who present an affidavit to the Proposer with the information required by O.C.G.A. 13-10-91(b). Proposer hereby attests that its federal work authorization user identification number and date of authorization are as follows:

_________________________________

E-Verify Number (4 to 6 digit number)

_________________________________

Date of Authorization

_________________________________ Name of Proposer

Dawson County and Lumpkin County School Districts

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 20___ in _____ (city), ______ (state).

_________________________________Signature of Authorized Officer or Agent

_______________________________Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE ______ DAY OF ______________, 20___.

NOTARY PUBLIC

My Commission Expires:_________________________________

ATTACHMENT J

Proposer Reference Form

As a part of the RFP process, the SFA(S) require Proposers to submit business references within this attachment. The purpose of these references is to document the experience relevant to the scope of work and aid in the evaluation process.

Reference Questions are included as a part of the evaluations process. Inability to contact references will result in the failure to earn points for this portion of scoring during the evaluation process.

Sample Reference Questions will be asked of provided references and will carry a weight of 2 points each within the evaluation scoresheet and will include the following:

How did you come across this Proposer, and what made you decide to go with them?

What are the top three strengths of this Proposer?

What are three areas where this Proposer can improve?

On a scale of 1-5, with 5 being very satisfied, how satisfied are you with the service and quality of products this Proposer has provided?

On a scale of 1-5 with 5 being very likely, what is the likelihood that you would choose to use this Proposer again in the future?

(On a scale of 1-5, 1-3 earns 1 point and 4-5 earns 2 points.)

VENDOR CONTRACT SIGNATURE PAGE

(signed and dated AFTER contract award)