1701 MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GA 30083
https://dekalbschoolsga.ionwave.net/Login.aspx
INVITATION TO BID
ITB NO. 24-397 DATE: January 12, 2023
FOR: School Nutrition Grocery Products
ALL PRICES TO BE F.O.B. DESTINATION WITH FREIGHT PREPAID TO:
School Nutrition
Sam A. Moss Service Center
1780 Montreal Rd, Tucker GA 30084
BID RESPONSES MUST BE RECEIVED IN THE PURCHASING DEPARTMENT:
- DEADLINE TIME: 2:00 PM, Tuesday, February 14, 2023
- VIRTUAL PUBLIC BID OPENING: 3:00 PM, Tuesday, February 14, 2023
BIDS TO BE OPENED: 3:00 PM, Tuesday, February 14, 2023
DeKalb County School District - Purchasing Department
1701 Mountain Industrial Boulevard
Stone Mountain, GA 30083-1027
BIDS RECEIVED AFTER DEADLINE TIME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED
DeKalb County School District Bid Contact Person:
Lakesia Watkins for questions at (678) 676-0315 or email at solicitationquestions@dekalbschoolsga.org
_______________________________________________________________________________________
THE PERSON SIGNING THIS BID MUST BE LEGALLY AUTHORIZED TO BIND THE SUPPLIER.
SUPPLIER NAME ______________________________________________ _________________________________________________________
PRINT CERTIFYING SUPPLIER OFFICIAL’S NAME
ADDRESS ____________________________________________________
_________________________________________________________
_____________________________________________________________ CERTIFYING SUPPLIER OFFICIAL’S SIGNATURE
_____________________________________________________________ _________________________________________________________
TITLE OF CERTIFYING SUPPLIER OFFICIAL
_____________________________________________________________
AREA CODE, TELEPHONE NO., AND EXTENSION _____ _____ - _____ _____ ____ ____ ____ ____ ____
SUPPLIER FEDERAL I.D. NUMBER
_____________________________________________________________
SUPPLIER FAX NUMBER DATE ____________________________________________________
SUPPLIER OFFICIAL’S EMAIL ADDRESS__________________________ SUPPLIER WEB PAGE URL__________________________________
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 2
DeKalb County School District (DCSD) extends this offer to submit a bid for the possible purchase or lease of goods
and/or services conforming to the enclosed specifications, terms, and conditions.
Bidders are required to submit one (1) original, one (1) duplicate copy and one (1) flash drive of the
proposal. One (1) duplicate copy and one (1) flash drive are required to be submitted with the original
in a sealed package. It is recommended that the copy and the flash drive be made after the original is
complete and fully executed (signed and initialed) by the bidder’s authorized representative.
Bidders must label each bid document set as "ORIGINAL” or "DUPLICATE" at the top of the first page. Bidder must
label the flash drive with the ITB number and Supplier name.
Sealed Bid Response Submission Format and Procedures
Sealed bid responses must be in compliance with the stated specifications and instructions; signed by the certifying
official/supplier official, and delivered to the DCSD Purchasing Department in accordance with this bid.
SEE REQUIRED SUBMITTALS/DOCUMENT CHECKLIST – PAGE 49.
Bid responses must be sealed and clearly labeled and addressed as shown below. See the Sealed Bid
Identification Label posted to the website for printable labels –
https://dekalbschoolsga.ionwave.net/Login.aspx
SAMPLE SEALED BID IDENTIFICATION LABEL: SAMPLE SEALED BID ‘ADDRESS TO’ LABEL:
This information must appear in the lower LEFT This information must appear in the mailing
corner of your sealed bid container (whether address area of your sealed bid container (whether
envelope, box, express carrier package, etc.) envelope, box, express carrier package, etc.)
ITB Number:24-397
ITB Name: School Nutrition Grocery Products (SEALED BID RESPONSE)
Due Date: Tuesday, February 14, 2023 @ 2PM DeKalb County School District
Purchasing Department
Company Name: _________________________ 1701 Mountain Industrial Blvd
Stone Mountain, GA 30083-1027
Company Mailing Address: ATTN: Carla L. Smith
_______________________________________
_______________________________________
Contact Person Name: __________________
Contact Telephone No:(___)_____________
Email Address: ________________________
Boxes, express carrier packages, and any other containers which contain sealed bid responses must be
clearly labeled as shown above and presented to the DCSD Purchasing Department.
Sealed bid responses are to be delivered to the DCSD Purchasing Department. DO NOT SEND SAMPLES TO THE
DCSD PURCHASING DEPARTMENT. When samples are required, they must be delivered to the user department
according to the instructions outlined in this bid under the heading “Samples.”
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 3
Sealed bids MUST be received by the DCSD Purchasing Department by the DEADLINE TIME stated on the cover
of this solicitation. Bidders submitting bids in person must have their sealed bids date and time stamped upon delivery
to the DCSD Purchasing Department by a Purchasing Department representative. Sealed bids must be placed in
the care of a Purchasing Department representative.
Failure to follow these sealed bid label and submission requirements may cause bids to be declared non-responsive
and rejected.
Time is of the Essence
Award criteria includes the most accommodating delivery dates as determined by DCSD. Specify your earliest
__________ and latest __________ delivery or service commencement delivery dates after receipt of the purchase
order.
Hand Delivery Submission of Bids
Prior to the submission deadline of Tuesday, February 14, 2023 at 2:00PM EST, an appointment must be
scheduled with the Purchasing Department by submitting an email request to
solicitationquestions@dekalbschoolsga.org. Please enter “Bid Submission Appointment – ITB 24-397 School
Nutrition Grocery Products” in the subject line of your email. All appointments must be scheduled on a Monday,
Tuesday, Thursday or Friday between 9:00AM-12:00PM Noon, before the February 14, 2023 submission deadline.
A confirmation of the appointment will be sent via email.
Virtual Public Bid Opening
The public bid opening will be held virtually through Microsoft Teams on Tuesday, February 14, 2023 at 3:00PM
EST. Those who would like to attend the acknowledgement, please register no later than Monday, February 13,
2023 by 4:00PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org. Please enter “Public Bid
Opening – ITB 24-397, School Nutrition Grocery Products” in the subject line of your email. An invitation will be
sent to those participants no later than Tuesday, February 14, 2023 by 10:00AM EST.
Bid Prices
I hereby certify that the cost(s) included in this bid are accurate and binding for ninety (90) days from the Invitation to
Bid opening date. If an award is not made within ninety (90) days, it shall be incumbent upon the bidder to notify
DCSD in writing if it does not want its bid submittal considered further. Failure to notify the district will mean that the
bid submitted remains valid until award, even if beyond ninety (90) days.
I further certify that the proposed cost(s) are accurate and reflect any applicable discounts and that the supplier which
I represent will deliver the goods and/or services for this amount. I also certify that no extra costs or payments to any
entity, including bidder, will be allowed for any miscalculation, deficiency, or difference discovered later.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Inside Delivery Required.
No Order(s) Guaranteed
There is no guarantee of any vendor receiving an order as a result of an open bid catalog discount award. Any/all
costs incurred by the vendor in fulfilling the requirements of this bid, including catalog mailing, are the sole
responsibility of the vendor. Expenses incurred by the vendor will not be reimbursed by DeKalb County School
District or become a reason for placing an order(s) with the vendor.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 4
Price Provision
This is a term contract from July 1, 2023 through June 30, 2024 with a price escalation/de-escalation provision at
renewal time. Bid prices will be firm from July 1, 2023 through June 30, 2024.
Actual bid price(s) must be based on current manufacturer’s price to the supplier plus supplier mark-up and must be
consistent with market indices. Price changes (up or down) by the supplier will be allowed only at the renewal
anniversary and shall be based on the percentage change of the manufacturer’s cost to the supplier. Only one (1)
price change will be allowed during any 12-month period and at the renewal anniversary, commencing with July 1,
2024 (the renewal date), on any individual product or service included in this bid.
The bidder must supply the Purchasing Department of the DCSD with written proof from the manufacturer when (if)
price changes occur. The written notification from the manufacturer (for DCSD) may specify actual dollar changes
or may specify the change as a percentage.
The bidder must allow the Purchasing Department of DCSD a minimum of thirty (30) days’ notice before price
changes take effect.
DCSD is not obligated to accept price escalations/de-escalations and reserves the right to negotiate with the next
lowest bidder.
Renewal Options
DCSD reserves the right to extend this bid contract prior to the bid contract end date of June 30, 2024 for up to four
(4) years through June 30, 2028 with the consent and written confirmation of the awardee.
Audited Financial Statements
Bidder shall provide a copy of their company’s audited financial statements for the previous two (2) years - 2020 and
2021. Bidder shall provide a copy of their supplier’s annual report for the previous two (2) years – 2020 and 2021, if
it exists.
Compliance with Specifications
Bidder must indicate below whether or not this bid is in complete compliance with the stated specifications. If there
are any deviations from the specifications, bidder must indicate in writing what the deviations are and must submit
with the bid complete descriptive literature on the actual items bid. Attach and label additional sheets if necessary.
___ Bid is in complete compliance with bid specifications.
___ Bid deviates from stated specifications as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Alternatives
If bidding an equivalent, specify below the product being bid, and attach fully descriptive literature. FAILURE TO
PROVIDE THIS INFORMATION WITH THE BID RESPONSE WILL CAUSE THIS BID TO BE REJECTED.
BID WILL CAUSE THE ALTERNATE TO BE REJECTED.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 5
Business License
Bidders shall submit with their submission, a copy of their valid supplier business license. If the bidder is a Georgia
corporation, bidder shall submit a valid county or city business license. If the bidder is not a Georgia corporation,
bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid
business license issued by their home jurisdiction. If bidder holds a professional certification which is licensed by the
state of Georgia, bidder shall submit a copy of their valid professional license. Any license submitted in response to
this requirement shall be maintained by the bidder for the duration of the contract.
References
Bidder shall provide a minimum of four (4) references, including supplier name, contact person, supplier address,
telephone number, and email address. References shall be of a similar scope, complexity, and diversity. Submit
references using the form provided on page 48.
Brochures, Catalogs, Manuals, Websites, Literature
In addition to the formal response to this bid, all respondents are encouraged to submit brochures, catalogs, manuals,
website materials, industry literature, DVDs, and any other marketing and informational media which will support and
enhance their submission value.
Added Value
Respondents are encouraged to describe in detail all added value or additional services or benefits available and
offered at no cost to DCSD in their bid responses. Attach and label as “ADDED VALUE.”
Payment Options
Payment will be made by electronic transactions or paper check. Electronic payments in the form of ACH (Paymode)
or issued loadable credit cards (e-Payables) are the DCSD preferred methods of payment. Vendors will be issued
paper checks only under special circumstances.
Illegal Immigration Reform and Enforcement Act of 2011
The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County
School District solicitations for physical performance of services (i.e. public works contracts). The Illegal
Immigration Reform and Enforcement Act of 2011 does not apply to solicitations for items, commodities and
products.
Bidders must complete and/or have their subcontractors complete the following forms:
1) Immigration and Security Certification
2) Bidder E-Verify Affidavit
3) Contractor Affidavit (Contractor Only)
4) Subcontractor Affidavit (Subcontractor Only)
5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)
The Immigration and Security Certification, the Bidder E-Verify Affidavit, the Contractor Affidavit, the Subcontractor
Affidavit and the Sub-Subcontractor Affidavit of this solicitation document. The Immigration and Security Certification,
the Bidder E-Verify Affidavit, the Contractor Affidavit, Subcontractor Affidavit and the Sub-Subcontractor Affidavit
must be completed, notarized and submitted with your bid response.
I acknowledge the Illegal Immigration Reform and Enforcement Act of 2011 requirements for service providers and
confirm by my signature below that the Immigration and Security Certification, the Contractor Affidavit, the
Subcontractor Affidavit and the Sub-Subcontractor Affidavit are each completed, notarized and made a part of this
solicitation response package. I also acknowledge that all items or services furnished to DCSD must comply with
applicable federal and state immigration laws, and regulation.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 6
______Please check here if the Illegal Immigration and Reform Act of 2011 does not apply to your solicitation,
because it is one for items, commodities, or products. If this does not apply to any portion of the solicitation, then the
bidder is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-Subcontractor
Affidavit. Please be advised the Immigration and Security Certification and the Bidder E-Verify Affidavit must
be completed.
Signature of Engaging Official: ________________________________________ Date: _____________
(Supplier Name / Certifying Official Signature)
Questions and Inquiries
It is intended that this bid be adequate for any bidder to respond to the DCSD’s requirements. However, should
bidders have questions; all questions shall be submitted electronically via email to
solicitationquestions@dekalbschoolsga.org. Questions submitted to any other mail box, voice mail or e-mail
address will not be considered for response. The deadline for receipt of bidder questions is Monday, January 30,
2023, at 12:00 PM. Questions received after the deadline time will not be considered. Questions received by the
deadline time will be answered in writing and posted to the following website no later than Friday, February 3, 2023,
at 4:30 PM.
https://dekalbschoolsga.ionwave.net/Login.aspx
Bid Contact
The assigned contact person is Lakesia Watkins, Purchasing Auditor, telephone (678) 676-0315.
Except with the consent of the bid contact person, all bidders, including any persons affiliated with or in any way
related to bidders, are strictly prohibited from contacting DCSD employees or consultants for DCSD on any matter
having to do with any aspect of this bid, other than as provided herein. Any and all contacts with such persons
associated with DCSD shall be in writing, in appropriate circumstances or cases, as directed by the contact person
above. Except as expressly provided in, or permitted by, the bid documents, from the date of issuance of the Invitation
to Bid until final DeKalb County Board of Education approval of contract award, the bidder submitting a bid shall not
initiate any communication or discussion concerning this procurement with any employee, agent, representative, or
member of the DeKalb County Board of Education. Any violation of this restriction may result in the rejection of the
bid response.
Board Member Communication with Prospective Suppliers
Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between
the time a bid is formally released and a recommendation is made by the administration to the Board. If a vendor
violates this prohibition during this timeframe, consideration for the vendor for award shall be invalidated. Board
members shall be notified of possible violations and actions taken.
Merchantability and Quality
Seller warrants that the goods will be of merchantable quality, free from defects in materials and workmanship, and
will conform to the descriptions and specifications contained in this document and in seller’s catalogs; product
brochures; and other representations, depictions, or models of the goods.
Specify your warranty/guarantee beyond that stated above in definite terms. Add additional literature/sheets if
necessary. Provide a clear description of warranty/guaranty service offered, duration of service, and all stipulations
(i.e., service provided on-site, call tag return required, vendor on-site pick-up, parts and labor included, parts only,
number of years from purchase date warranty is valid, etc.):
_______________________________________________________________________________________
_______________________________________________________________________________________
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 7
_______________________________________________________________________________________
Quantities
Quantities to be purchased during the contract period may vary. The successful bidder will be required to supply all
items ordered throughout the contract period.
F.O.B. Destination
All prices are to be F.O.B. Destination with freight prepaid by the bidder. Bid prices must include all charges for
delivery and unloading as directed by the building authorities.
Conformity with Laws and Regulations
All items or services furnished must comply with applicable federal, state, and local laws, codes, and regulations.
Exclusion of Trade Usages
This document contains all the terms, conditions, and obligations to which the parties have agreed, and shall not be
modified, controlled, explained, supplemented, or affected in any way by any usage of trade not expressly included
in this agreement.
Conformity with UCC
Unless the context requires otherwise, all terms used in this document and which are defined in the Uniform
Commercial Code (“UCC”) as adopted by the State of Georgia shall have the same definition set forth in the UCC on
the date of this agreement.
Cancellation/Termination for Convenience
Awards, contracts, and renewals may be cancelled or terminated for convenience by DCSD at any time. In the event
of termination of contract by DCSD, DCSD will be responsible only for those items and/or services that have been
delivered and accepted according to the bid specifications.
Non-Performance and/or Termination
a. Immediate Termination. The award and contract will terminate immediately and absolutely if DCSD determines
that adequate funds are not appropriated or granted, or funds are de-appropriated such that DCSD cannot fulfill its
obligations under the contract, which determination is at DCSD’s sole discretion and shall be conclusive. Further,
DCSD may terminate the contract for any one or more of the following reasons effective immediately without advance
notice:
i. In the event the contractor is required to be licensed or certified as a condition precedent to providing goods
and services, the revocation or loss of such license or certification may result in immediate termination of
the contract effective as of the date on which the license or certification is no longer in effect;
ii. DCSD determines that the actions, or failure to act, of the contractor, its agents, employees, or
subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized;
iii. The contractor fails to comply with confidentiality laws or provisions; and/or
iv. The contractor furnished any statement, representation, or certification in connection with the contract or
the bidding process which is materially false, deceptive, incorrect, or incomplete.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 8
b. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for
DCSD to declare the contractor in default of its obligations under the contract:
i. The contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the
DCSD’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 contractor;
ii. DCSD determines that satisfactory performance of the contract is substantially endangered or that a default
is likely to occur;
iii. The contractor fails to make substantial and timely progress toward performance of the contract;
iv. The contractor becomes subject to any bankruptcy or insolvency proceeding under federal, county, or state
law to the extent allowed by applicable federal, county, or state law including bankruptcy laws; the contractor
terminates or suspends its business; or DCSD reasonably believes that the contractor has become insolvent
or unable to pay its obligations as they accrue consistent with applicable federal or state law;
v. The contractor has failed to comply with applicable federal, DeKalb County Board of Education and state
laws, rules, ordinances, regulations, and orders when performing within the scope of the contract;
vi. The contractor has engaged in conduct that has or may expose DCSD or the DeKalb County Board of
Education to liability, as determined at the DCSD’s sole discretion; or
vii. The contractor has infringed any patent, trademark, copyright, trade dress, or any other intellectual property
rights of DCSD, the DeKalb County Board of Education, or a third party.
c. Notice of Default. If there is a default event caused by the contractor, DCSD shall provide written notice to the
contractor requesting that the breach or non-compliance be remedied within the period of time specified in DCSD’s
written notice to the contractor. If the breach or non-compliance is not remedied within the period of time specified in
the written notice, DCSD may:
i. Immediately terminate the contract without additional written notice; and/or
ii. Procure substitute goods or services from another source and charge the difference between the contract
and the substitute contract to the defaulting contractor; and/or
iii. Enforce the terms and conditions of the contract and seek any legal or equitable remedies.
d. Termination Upon Notice. Following thirty (30) days written notice, DCSD may terminate the contract in whole
or in part without the payment of any penalty or incurring any further obligation to the contractor. Following termination
upon notice, the contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim,
for goods and services provided under the contract to DCSD up to and including the date of termination.
e. Termination Due to Change in Law. DCSD shall have the right to terminate this contract without penalty by giving
thirty (30) days written notice to the contractor as a result of any of the following:
i. DCSD’s authorization to operate is withdrawn or there is a material alteration in the programs administered
by DCSD; and/or
ii. DCSD’s duties are substantially modified.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 9
f. Payment Limitation in Event of Termination. In the event of termination of the contract for any reason by DCSD,
DCSD shall pay only those amounts, if any, due and owing to the contractor for goods and services actually rendered
up to and including the date of termination of the contract and for which DCSD is obligated to pay pursuant to the
contract. Payment will be made only upon submission of invoices and proper proof of the contractor’s claim. This
provision in no way limits the remedies available to DCSD under the contract in the event of termination. DCSD shall
not be liable for any costs incurred by the contractor in its performance of the contract, including, but not limited to,
startup costs, overhead, or other costs associated with the performance of the contract.
g. The Contractor’s Termination Duties. Upon receipt of the notice of termination or upon request of DCSD, the
contractor shall:
i. Cease work under the contract and take all necessary or appropriate steps to limit disbursements and
minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing
the status of all work under the contract, including, without limitation, results accomplished, conclusions
resulting therefrom, and any other matters DCSD may require;
ii. Immediately cease using and return to DCSD, any personal property or materials, whether tangible or
intangible, provided by DCSD to the contractor;
iii. Comply with DCSD’s instructions for the timely transfer of any active files and work product produced by
the contractor under the contract;
iv. Cooperate in good faith with DCSD, its employees, agents, and contractors during the transition period
between the notification of termination and the substitution of any replacement contractor; and
v. Immediately return to DCSD any payments made by DCSD for goods and services that were not delivered
or rendered by the contractor.
Conditional Bids
Bids that are conditional (i.e., “Prices Subject To Change,” “Prices F.O.B. Shipping Point,” etc.) will not be considered.
Bids which in any way qualify or vary the terms of these instructions, conditions, and specifications shall be
considered non-responsive.
No Obligation/No Order(s) Guaranteed/Cost to Bid
Award will be made to the lowest responsive and responsible bidder meeting the specifications within appropriated
funds available. The acquisition of any program, product, or element for these requirements is subject to the approval
and funding by the DeKalb County Board of Education, and no obligation or commitment is incurred by the DeKalb
County Board of Education from the receipt of any bid documents, materials, or presentations. There is no guarantee
of any vendor receiving an order as a result of a bid or request for quotation. Any/all costs incurred, including sample
submission (if required) by the vendor in preparation and submission of this bid, including catalog mailing, are the
sole responsibility of the vendor. Expenses incurred by the vendor will not be reimbursed by DCSD or become a
reason for placing an order with the vendor.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Vendor Internal Coordination
DCSD will look to the bidder as having “one corporate face” and will expect the bidder to coordinate, bid, and deliver
those products and services best able to meet the identified needs of DCSD without DCSD’s involvement in
subcontractor arrangements. The terms and provisions in this bid and any subsequent contract shall bind the bidder.
Nothing contained herein shall create any contractual relationship between any subcontractor and DCSD. The
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 10
primary vendor (bidder) will be responsible for the supervision and conduct of any subcontractors assigned to this
project. Purchase order(s) will be issued to the successful bidder only.
Fiscal Year Funding Implications
The fiscal year for DCSD begins July 1 and ends June 30. This solicitation and any resulting contract(s) may contain
renewal and extension options. This solicitation, any resulting contract(s), and renewal and extension options are
subject to approval and funding by the DeKalb County Board of Education. This solicitation, any resulting contract(s),
and renewal and extension options shall terminate absolutely without further obligation on the part of DCSD at the
end of the fiscal year following the date of the solicitation and at each June 30 renewal anniversary date thereafter
unless the successful vendor is notified otherwise and agrees in writing to the exercise of renewal and extension
options.
Taxes
Purchases made by DCSD are not subject to state, federal, or local sales tax. A Sales Tax Exemption Certificate
will be furnished upon request.
News Release
Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD Executive
Director of Communications.
Non-Discrimination
DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of its
employment practices, education programs, services, or activities.
DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include
all responsible businesses and to provide ample opportunities for business growth and development. Minority
businesses are encouraged and given the opportunity to bid on various projects; however, all responses will be
evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to
increase the cost of the work.
Small and Minority Businesses and Women’s Enterprises
It is the policy of DCSD that small and minority businesses and women’s enterprises have a fair and equal opportunity
to participate in the DCSD purchasing process. All vendors that voluntarily register via the DCSD website are placed
on a vendor list which is categorized into National Institute of Governmental Purchasing commodity/service codes
and accessed as (if) requirements arise in those commodity/service codes. DCSD hosts an annual “How to Pursue
Business Seminar” for all interested vendors. These seminars are advertised and are free of charge to attendees.
The seminar agenda includes a review of the DeKalb County Board of Education policies and procedures and
features representatives from various internal DCSD departments as well as special guests from the DeKalb County
Government and the State of Georgia.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Drug-free Workplace
By submission of a response to this bid, the bidder certifies that he/she and his/her employees will not engage in the
unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances or drugs on DCSD
property during the performance of the contract.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 11
Smoke-free Workplace
By submission of a response to this bid, the bidder certifies that he/she and his/her employees will not use tobacco
products on DCSD property at any time during the performance of this contract.
Rights Reserved
Award will be made to the lowest responsive and responsible bidder meeting the specifications within appropriated
funds available. DCSD reserves the right to accept or reject any and/or all parts of any bid response(s) submitted,
to accept the entire bid from a single bidder, to accept portions of bids from multiple bidders, and/or to reject all bids
submitted. This right is reserved to award items on this bid by any logical group combination or by individual item,
whichever is in the best interest of DCSD. DCSD reserves the right to waive any technicalities or minor irregularities
in responses received. The decision of DCSD shall be final.
Addenda
It is the responsibility of bidders to regularly and often check for any addenda posted on the DCSD website -
Purchasing Bulletin Board at the web address below. All posted addenda must be printed, signed by the Certifying
Supplier Official, and included with the bidder’s bid submission. Failure on the part of bidders to make themselves
aware of, and to comply with, all addenda requirements will not relieve them of this obligation. Click on the following
link to the Purchasing Bulletin Board:
https://dekalbschoolsga.ionwave.net/Login.aspx
Suspension and Debarment
By submitting this bid, the bidder certifies that the bidding supplier and/or any of its subcontractorsor principals have
not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction by any federal or state department or agency 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” and that the bidder complies with all
applicable orders, rules, and regulations related thereto.
Further, by submitting this bid, the bidder certifies that all lower tier participating individuals and/or supplier(ies) and
all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in any transaction by any
federal or state department or agency and that the bidder complies with all applicable orders, rules, and regulations
related thereto.
The certification placed herein is a material representation of fact upon which reliance will be placed as bid
submissions are evaluated and any transaction is entered into. If it is later determined that the prospective bidder
has knowingly rendered an erroneous certification, DCSD may pursue all available remedies including, but not limited
to, suspension and/or debarment.
The bidder shall provide immediate written notice to the Purchasing Department of DCSD if at any time the
prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances. The bidder shall immediately provide written notice to the Purchasing Department of DCSD
if bidder is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a
federal entity.
The bidder agrees by submitting this form that, should the proposed transaction be entered into, the prospective
bidder shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this transaction.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 12
By signing and submitting this form, the bidder is providing the certification set out above.
Signature of Engaging Official: ______________________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Further, the Purchasing Department of DCSD will check the EPLS website at https://www.sam.gov/SAM/ to
determine if the bidder is listed.
Bidder Performance
The successful bidder is required to perform and fulfill all the undertakings, covenants, terms, conditions, and
agreements of this bid document. Specifications contained herein and in the successful response will become
contractual obligations, if an award ensues. Failure of the bidder to fully perform these obligations may result in
cancellation of the award and contract.
Bidder Failure
In the event that a product, property, or service to be furnished by the successful bidder should for any reason fail to
conform to the specifications contained herein, DCSD may reject the product, property, or service and may terminate
the contract for default.
Failure of the successful bidder to perform on delivery of goods or services as specified may also result in the removal
of that bidder from doing business with DCSD for a period of not less than one (1) year.
Georgia Open Records Act
All bidder proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act
which permits any citizen of this state to inspect and/or copy any documents prepared and maintained or received in
the course of the operation of a public office or agency.
Record Retention Requirement
The bidder 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 DeKalb
County Board of Education throughout the term of the contract for a period of at least seven (7) 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 bidder shall permit the auditor of the DeKalb County Board of Education
or any authorized representative of DCSD, and where federal funds are involved, the Comptroller General of the
United States, or any other authorized representative of the federal 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 bidder relating to orders, invoices, or payments or any other documentation or
materials pertaining to the award and contract, wherever such records may be located during normal business hours.
The bidder shall not impose a charge for audit or examination of the bidder’s books and records. If an audit discloses
incorrect billings or improprieties, the DeKalb County Board of Education reserves the right to charge the bidder for
the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper
authorities.
Non-Collusion
Bidders shall fully certify that they, as an individual or as an engaging official of a formal business entity, have not
entered into any agreement, participated in collusion, or otherwise taken any action in restraint of free and competitive
responses to this bid. Further, bidders guarantee that their bid responses are not made in conjunction with or on
behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action
to result in a restriction of trade or in an unfair advantage.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 13
Conflict of Interest
Bidders must disclose with their bids the name of any officer, director, or agent who also is a DCSD employee or
DeKalb County Board of Education member. Bidders must disclose the name of any DCSD employee or DeKalb
County Board of Education member who owns, directly or indirectly, an interest of five (5) percent or more in the
bidder’s firm or any of its branches. Bidders shall certify that this bid response is impartial, at arms-length, and free
of any conflict of interest, unfair advantage, or personal benefit to any DCSD official.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Applicable Laws
This bid is subject to the laws of the State of Georgia. Bidder shall comply with all federal, state, and local laws and
applicable regulations and shall be in possession of all licenses and permits necessary for the delivery of products
or services described herein.
Civil Rights Program Assurances
The program applicant hereby agrees 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), the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); all
provisions required by the implementing regulations of the Department of Agriculture; Department of Justice
Enforcement Guidelines, 28 CFR Part 50.3 and 42; and FNS directives and guidelines, to the effect that, no person
shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied
benefits of, or otherwise be subject to discrimination under any program or activity for which the program applicant
receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures
necessary to effectuate this agreement.
Equal Employment Opportunity compliance Statement ($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.
Copyrights and Patents (to be included in contracts for purchases over minimum bid threshold)
48 CFR-Chapter 1-Subchapter H- Part 52.227-2 Notice and Assistance Regarding Patent and
Copyright Infringement.
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or
claim of patent or copyright infringement based on the performance of this contract of which the Contractor has
knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement
arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed
under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all
evidence and information in the Contractor’s possession pertaining to such claim or suit. Such evidence and
information shall be furnished at the expense of the Government except where the Contractor has agreed to
indemnify the Government.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are
expected to exceed the simplified acquisition threshold.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 14
2 CFR 200.322(a)
§ 200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity 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, or other
manufactured products).
Permits and Licenses
Bidders shall, at their own expense, obtain all necessary permits and licenses and shall comply with all applicable
local, state and federal laws, ordinances, rules, and regulations necessary for the full execution of the requirements
stated herein. Bidders shall maintain all such permits, licenses, and compliances in a current status throughout the
course of the contract. Bidders shall submit copies of permits, licenses, and certifications evidencing proof of the
aforementioned immediately upon request of DCSD.
Compliance with Environmental Laws and Regulations
For all contracts in excess of $100,000, the bidder is required to comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. § 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 C.F.R.
Part 15) for the facilities in which the contract is to be performed, or which are involved in the activity or program to
receive assistance.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Energy Efficiency
For all contracts, the bidder is required to comply with all applicable standards and policies related to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Certification of Bid Price
The bidder is required to certify that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects,
fair and without collusion or fraud. The bidder must further certify that it understands that collusive bidding is a
violation of state and federal law and can result in fines, prison sentences, and civil damage awards. The bidder must
agree to abide by all conditions of this bid, and certify that the certifying official is authorized to sign this bid for the
bidder. (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.
Signature of Supplier Representative: _______________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
Entirety of Agreement/Additional Terms
In the event an award is made to a bidder, this bid document represents the entire agreement between DCSD and
the successful bidder. DCSD shall not be bound to additional terms and conditions and/or extraneous language
added to this document by bidders/proponents.
Assignment of Award
Solicitation awards may not be assigned to another party without the expressed written permission of DCSD.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 15
Ownership Rights
DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted by
bidders in relation to this bid.
Infringement
Bidders shall fully indemnify DCSD against any claims of infringement of any patent, copyright, trade secret,
trademark, or other intellectual property rights in association with their bids.
Confidentiality and Non-Disclosure
Information made available to respondents by DCSD shall be used only for purposes related to responding to this
bid and shall not be used for any other purpose without the express written permission of DCSD.
Respondents to this bid unequivocally agree to assume responsibility for protecting and safeguarding the
confidentiality of DCSD records that are not public information. Such information may include, but is not limited to,
student and human resource file contents.
Protest Procedures for School Nutrition Bid Documents and Contract Awards
Protest Process
This section describes the mandatory administrative procedure whereby vendors submitting sealed competitive
bids/proposals (hereinafter referred to as “bidders”) to DCSD directly related to school nutrition, as governed by 7
C.F.R. § 3016.36(b)(12), for proposals worth $50,000 or more may challenge the solicitation process, and whereby
bidders/offerors on sealed competitive bids directly related to school nutrition for proposals worth $50,000 or more,
as governed by 7 C.F.R. § 3016.36(b)(12), may challenge contract awards.
1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement
procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest will be
resolved in accordance with these provisions.
2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation may file a
protest with respect to the competitive solicitation process including, but not limited to, a challenge to specifications
or any events or facts arising during the solicitation process. Any bidder submitting a timely bid/proposal in response
to a competitive solicitation may file a protest with respect to DCSD’s intended or actual contract award including,
but not limited to, events or facts arising during the evaluation and/or negotiation process.
3. Form of Protest. At a minimum, the written protest must include the following:
a. the name and address of the protestor;
b. appropriate identification of the solicitation;
c. a statement of reasons for the protest;
d. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing
time (in which case the vendor must proceed to file the protest during the filing period identified below but
state the expected availability of the material); and
e. the desired remedy.
DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice by the protesting
vendor.
4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a supplier officer
authorized to sign contracts on behalf of the vendor, and is received by the Purchasing Department. The protest
may be sent by any of the following means:
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 16
MAIL: Attn: Carla Smith, Executive Director, Vendor Services
DeKalb County School District
Administrative & Instructional Complex
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
FAX: (678) 676-0283
The vendor must observe the following deadlines when filing a protest:
Type of Protest Protest Filing Deadline
Challenge to Competitive Solicitation Process Two (2) business days prior to the closing date
and time of the solicitation as identified on the
Invitation to Bid.
Challenge to an Intended or Actual Contract In the event DCSD posts a Notice of Intent to
Award Award (“NOIA”), the protest must be filed
within ten (10) calendar days of the date the
NOIA is posted.
In the event DCSD does not post a NOIA, the
protest must be filed within ten (10) calendar
days of the date the Notice of Award (“NOA”)
is posted.
If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with
prejudice of any grounds the bidder may have for protest.
5. Stay of Procurement During Protest Review. When a protest challenging the competitive solicitation process
has been timely filed at least two (2) business days prior to the closing date and time, the solicitation shall not close
until a final decision resolving the protest has been issued, unless the Purchasing Department makes a written
determination that the closing of the solicitation without delay is necessary to protect the interests of DCSD.
When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to actual
contract award unless the Purchasing Department makes a written determination that the issuance of a contract or
performance of the contract without delay is necessary to protect the interests of DCSD. If it is determined that it is
necessary to proceed with contract performance without delay, the bidder/offeror with this contingent contract may
proceed with performance and receive payment for work performed in strict accordance with the terms of the contract.
The provisions of this paragraph are not applicable to a protest pertaining to events or facts arising during the
solicitation process.
6. Protest Resolution. The Purchasing Department shall review and issue a written decision on the protest as
expeditiously as possible. This decision shall be deemed final. Available remedies for sustained protests are as
follows:
If a protest is sustained prior to the closing date and time of the solicitation, available remedies may include,
but are not limited to, the following: modification of the solicitation document including, but not limited to,
specifications and terms and conditions; extension of the solicitation closing date and time (as appropriate);
and cancellation of the solicitation.
If a protest of the intended/actual contract award is sustained, available remedies may include, but are not
limited to, the following: revision or cancellation of the NOIA/NOA, re-evaluation and re-award, or re-
solicitation with appropriate changes to the new solicitation.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 17
7. Costs. In no event shall a bidder be entitled to recover any costs incurred in connection with the solicitation or
protest process, including, but not limited to, the costs of preparing a bid/proposal, the costs of participating in the
protest process, or any attorney fees.
Indemnification
1) Vendor agrees to indemnify, defend, and hold harmless the DeKalb County Board of Education, the DeKalb County
School District, and the DeKalb County School District, their officials, officers, employees, agents, volunteers, and
assigns (all of whom hereinafter may collectively be referred to as “indemnitees”), from any and all claims, demands,
suits, actions, legal or administrative proceedings, losses, liabilities, costs, interest, and damages of every kind and
description, including any attorneys’ fees and/or litigation and investigative expenses, for bodily injury, personal injury
(including, but not limited to, vendor’s employees), patent, copyright, or infringement on any intellectual property
rights, or loss or destruction of property (including loss of use, damage, or destruction of DCSD owned property) to
the extent that any such claim or suit was caused by, arose out of, or contributed to, in whole or in part, by reason of
any act, omission, professional error, fault, mistake, or negligence whether active, passive or imputed, of the vendor,
its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection
with or incidental to vendor’s performance of this Agreement regardless of whether such liability, claim, damage, loss,
cost, or expense is caused in part by an Indemnitee.
2) Vendor further agrees to indemnify or settle any and all third-party claims, demands, suits, actions, proceedings,
losses, costs, and damages of every kind and description, including any attorneys’ fees and/or litigation and
investigative expenses asserted against Indemnitees alleging that a service as provided by vendor under this
agreement infringes such third-party’s United States trademark, copyright, or patent rights. However, vendor shall
be under no obligation to indemnify the Indemnitees as set forth in this Section 2 to the extent that such third-party
claim or suit arises out of or relates to: (a) vendor’s compliance with DCSD’s specifications; (b) a combination of the
equipment and/or services with products or services not provided by vendor; (c) a modification of the equipment or
services that is inconsistent with the terms of this agreement; (d) information, data, or other content not provided by
vendor; (e) failure of each Indemnitee to use the services or equipment in conformity with all applicable written
instructions and documentation; (f) any modification to any service or equipment made by or on behalf of DCSD
where, but for such modification, no claim of infringement would have existed; or (g) transmission of DCSD supplied
data, content, or other information. Where the use of the services is enjoined, vendor, at its discretion, shall have
the right to: (i) obtain for DCSD the right to continue using the affected service; (ii) replace the affected service with
a non-infringing service; (iii) modify the affected services so that it is non-infringing; or (iv) terminate the provision of
the affected service or terminate this agreement, without liability of either party to the other, except for each party’s
obligation to pay all fees, charges, and costs, incurred up to the time of termination.
3) Vendor shall be excused from its indemnification obligations above:
a) if the claims, demands, suits, actions, proceedings, losses, or liabilities arise solely and exclusively out of
the negligence of DCSD or one of the Indemnitees; or
b) if DCSD fails to (i) provide written notice of the third-party claim or suit as soon as practicable; (ii) cooperate
with all reasonable requests of the vendor; or (iii) assist the vendor with the defense and/or settlement of
such claim or suit.
4) Vendor’s obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination of this
agreement for any reason.
Certificate of Insurance
Certificate of Insurance and/or ACORD Form is required with solicitation submittal.
Insurance
The DCSD Risk Management Unit sets insurance and indemnification requirements for each solicitation.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 18
Certificate of Insurance and/or ACORD Form is required with solicitation submittal. Provision of Certificate of
Insurance is a mandatory requirement. Proposals submitted with Certificates of Insurance will be considered
conditionally responsive to the insurance and indemnification requirement. Final award of this bid will be contingent
upon receipt within ten (10) business days of request for insurance documentation complete with the following
requirements and fully acceptable to the DCSD Risk Management Unit. No work will commence and no purchases
will be made without the written statement of approval of insurance coverage from the DCSD Risk Management Unit.
In the event the awarded bidder cannot produce insurance coverage acceptable to the DCSD Risk Management Unit
within the time provided, DCSD reserves the right to award this solicitation to the first runner-up.
1) Vendor shall procure and maintain throughout the term of this agreement a policy or policies of insurance providing
coverage as set forth below. The foregoing policies shall be obtained from insurance companies approved to do
business in the State of Georgia or companies acceptable to DCSD. Vendor shall procure the insurance policy or
policies at the vendor’s own expense and shall furnish to DCSD a certificate(s) of insurance containing the following
information:
(a) Name and address of agent/broker;
(b) Name and address of insured;
(c) Name of insurance supplier, underwriting syndicate, or other insuring entity;
(d) Description of coverage in standard terminology;
(e) Policy period;
(f) Policy number;
(g) Limits of liability;
(h) Name and address of certificate holder;
(i) Acknowledgment to the DCSD of notice requirements of material adverse change;
(j) Signature of authorized agent/broker;
(k) Telephone number of authorized agent/broker; and
(l) Details of policy exclusions applicable to this agreement in comments section of Insurance Certificate.
All certificates/endorsements evidencing primary and excess layers shall be renewed and kept current and up to date
on an annual or lesser time basis as needed.
2) All liability policies shall include DCSD as an additional insured. Vendor is required to maintain the following
insurance coverage(s) during the term of this agreement:
(a) Workers Compensation Insurance in the amounts of the statutory limits established by the General
Assembly of the State of Georgia. Bidder shall have the ability to self-insure its required workers’
compensation coverage if bidder is an approved self-insurer in the State of Georgia.
(b) Comprehensive General Liability Policy, or equivalent coverage, to include products
and completed operations liability and contractual liability. The Comprehensive General Liability Policy
shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and any
excess or Commercial Umbrella Policy described below.
(c) Comprehensive Auto Policy to include but not be limited to liability coverage on anyowned, non-owned
and hired vehicle used by bidder or bidder’s personnel in the performance of this agreement. The
Comprehensive Automobile Policy shall have dollar limits sufficient to insure that there is no gap in
coverage between this policy and the excess or Commercial Umbrella Policy required under this
agreement.
(d) Commercial Umbrella or Excess Liability Policy, which must provide the same or
broader coverage than those provided for in the above Comprehensive General Liability and Business
Auto Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an
annual aggregate limit not less than $2,000,000.
(e) Under all coverage and certificates required hereunder, policies shall or be endorsed
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 19
to include the following terms and conditions:
(i) All policies and coverage shall be on an “occurrence” not “claims made” basis.
(ii) The foregoing policies shall contain a provision that coverage afforded under the
policies will not be canceled, or not renewed, allowed to lapse for any reason until at
least sixty (60) days prior written notice has been given to DCSD.
(iii) Shall waive all right of subrogation against Indemnitees for losses arising out of this agreement.
(iv) A severability of interest or cross liability clause or endorsement applies to commercial general
liability and excess liability policies.
(v) Certificates of Insurance showing such coverage to be in force shall be filed with
DCSD prior to commencement or continuation of any work under this agreement.
(vi) All such coverage shall remain in full force and effect during the term and any
renewal or extension thereof.
(f) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above,
policies shall be endorsed to include the following terms and conditions:
Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate. Primary limits of
coverage in the amount of $1,000,000 per occurrence must be with insurers approved to conduct
business in the State of Georgia. Excess or umbrella liability insurance may be placed with any
insurer submitted by bidder, including captive or self-insured programs, with the prior written approval
of DCSD.
(g) Bidder shall require any and all subbidders performing work under this agreement to carry insurance of
the types and with limits of liability as bidder shall deem appropriate and adequate for the work being
performed. However, the obligations of the bidder to the Indemnitees assumed in Sections of
Indemnification, and Insurance shall not be reduced or diminished by the standards set for the
subbidders. Further, bidder agrees that their obligations to indemnify and insure the Indemnitees shall
pertain to all losses arising out of the subbidder’s acts or negligence in the same manner and to the
same extent as if committed by the bidder. Bidder shall obtain and make available for inspection by
DCSD, current certificates of insurance evidencing insurance coverage
by such subbidders.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 20
All vendors on the DCSD vendor bid list may not be mailed an Invitation to Bid every time one is issued. This is due
to the large number of vendors listed in certain bid categories. In addition, we cannot guarantee the accuracy or
timeliness of the mail service to you. ALL BIDS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION
OF THE CHAMPION NEWSPAPER, (404) 373-7779, AND POSTED ON THE DCSD WEBSITE. Vendors are
solely responsible for reviewing and making themselves aware of DCSD bids posted on the following
website:
https://dekalbschoolsga.ionwave.net/Login.aspx
THIS IS NOT AN ORDER.
Bid responses will be received in the Purchasing Department between the hours of 8:30 AM and 4:30 PM only,
Monday through Friday, excluding DCSD holidays and closings as well as inclement weather closings.
DCSD is not responsible for misdirected mail, mail not received, and/or mail delivered late by designated
carriers.
BIDS RECEIVED IN THE PURCHASING DEPARTMENT AFTER THE BID DEADLINE DATE AND
TIME SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.
BIDS DELIVERED TO ANY SCHOOL OR LOCATION OTHER THAN THE PURCHASING
DEPARTMENT OF DCSD SHALL BE CONSIDERED NON-RESPONSIVE AND REJECTED.
BIDS DELIVERED BY EXPRESS CARRIER WITH PAID DELIVERY RECEIPT SERVICE AND
THAT ARE RECEIVED IN THE DISTRICT OFFICE’S MAILROOM BEFORE THE SCHEDULED BID
OPENING DEADLINE SHALL BE CONSIDERED RESPONSIVE AND ENTERED POST OPENING
INTO THE BID TABULATION.
LABELS WITH THE PROPER BID INFORMATION AS SHOWN ON THE INVITATION TO BID
COVER SHEET AND IN COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE
THIS DOCUMENT ARE PROVIDED IN YOUR BID PACKAGE FOR YOUR CONVENIENCE AND
USE. YOU MAY ALSO DOWNLOAD LABELS TO CUT AND PASTE ONTO YOUR SEALED BID
RESPONSE ENVELOPE, BOX, OR EXPRESS CARRIER PACKAGE BY CHOOSING
ATTACHMENT 1 FROM THE INTERNET AT:
https://dekalbschoolsga.ionwave.net/Login.aspx
BID RESPONSES MUST BE SUBMITTED SEALED, CORRECTLY ADDRESSED AND IN
COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE THIS BID DOCUMENT.
BOXES OR EXPRESS CARRIER PACKAGES CONTAINING SEALED BID RESPONSES MUST
ALSO BE CORRECTLY ADDRESSED AS SHOWN ON THE INVITATION TO BID COVER SHEET
AND IN COMPLIANCE WITH THE DETAILED INSTRUCTIONS STATED INSIDE THIS BID
DOCUMENT.
BIDS RECEIVED BY FACSIMILE OR EMAIL WILL NOT BE ACCEPTED.
____________________________________________________________
SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 21
NOTICE TO BIDDERS
FOR SECURITY REASONS, ALL VENDORS ATTENDING BID OPENING MUST
REGISTER AT THE SECURITY STATION FIRST FLOOR FRONT DESK AT 1701
MOUNTAIN INDUSTRIAL BOULEVARD, STONE MOUNTAIN, GEORGIA 30083
BEFORE ATTENDING BID OPENING.
ALL BIDDERS SUBMITTING BIDS IN PERSON MUST HAVE THEIR SEALED BIDS DATE AND TIME
STAMPED UPON DELIVERY TO THE PURCHASING DEPARTMENT BY A PURCHASING
DEPARTMENT REPRESENTATIVE, AND SEALED BIDS MUST BE LEFT IN THE CARE OF A
PURCHASING DEPARTMENT REPRESENTATIVE. PURCHASING DEPARTMENT
REPRESENTATIVES WILL ISSUE RECEIPTS FOR BID SUBMITTALS IF REQUESTED.
SEALED BIDS LEFT RANDOMLY IN THE BUILDING, THE FINANCE DEPARTMENT, OR THE
PURCHASING DEPARTMENT WITHOUT BEING DATE AND TIME STAMPED OR WITHOUT
ENSURING A PURCHASING DEPARTMENT REPRESENTATIVE TAKES POSSESSION OF SAME
SHALL BE CONSIDERED NON-RESPONSIVE.
ANY CLAIM BY PROPOSING ENTITY OF ERROR IN THEIR PROPOSAL MUST BE MADE BEFORE
PROPOSALS ARE OPENED, OR THE CLAIM SHALL BE DEEMED WAIVED. ANY PROPOSING
ENTITY MAY WITHDRAW THEIR PROPOSAL AT ANY TIME BEFORE THE TIME AT WHICH
PROPOSALS ARE DUE AND THE REQUEST FOR PROPOSALS IS CLOSED AND, HAVING DONE
SO, NO PROPOSING ENTITY WILL BE PERMITTED TO RESUBMIT A PROPOSAL.
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ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 22
GENERAL INFORMATION AND INSTRUCTIONS
GROCERY PRODUCTS BID
The following instructions and conditions are in addition to and are a part of the instructions and conditions that
appear on the DeKalb County Board of Education “Bid Instructions and Conditions” form and shall govern the
selection of grocery products furnished and delivered to the DeKalb County School District.
Prices are to be quoted by the “Unit” (case) and total price for each item bid. Prices quoted shall be net including
transportation and delivery charges fully prepaid by the contractor F.O.B. Sam A. Moss Service Center, 1780
Montreal Road, Tucker, Georgia 30084-6799.
Your proposal must be submitted in strict accordance with the specifications contained herein for each item.
SPECIFICATIONS
All items bid shall meet specifications as set forth in the DeKalb County School District “Specifications for Grocery
Products” so designated on the bid form with specifications' number.
Grades and other requirements specified for items are based on current United States Standards and Federal
Specifications, as applicable. Drained weights, Brix values and other related values, as applicable to the items listed
in these specifications shall be those required by United States Standards and Federal Specifications in effect at the
time of this bid.
When Federal or other specifications are cited herein, it shall be understood that the latest edition in effect on the
date of the Invitation to Bid shall apply, unless otherwise specified.
All canned fruits and vegetables covered by specifications for Grocery Products as issued by the DeKalb County
School District Purchasing Department shall be unconditionally guaranteed as to represented grade.
When quality is questioned, the successful vendor will furnish the DeKalb County School District, on request, United
States Department of Agriculture Certificates of Grade. Any expense incurred in obtaining grade certification is the
responsibility of the vendor. If the product is found to be below the grade specified, it shall be replaced by the vendor.
Items that do not meet specifications will be rejected.
Bidders are not restricted by these specifications from bidding on grades or products which exceed the minimum
requirements specified; however, that factor will not be considered when making awards, if a product meeting the
specified requirements is available at a lower cost.
Samples may be requested of the successful bidder(s). You will be notified if samples are needed.
Bidders are to submit complete nutritional information on each product to include calorie’s, protein grams,
vitamin A % RE or IU, vitamin C % mg, calcium % mg, total fat grams, saturated fat grams, carbohydrates
grams, dietary fiber grams, cholesterol milligrams, and sodium in milligrams.
All products delivered shall have been processed and packed in accordance with good commercial practice.
Only domestic products will be considered unless product is not available domestically or price of domestic product
is prohibitive. Non-domestic bids will be identified by bidder.
Items will be delivered according to enclosed delivery schedule. Deviations from this schedule will not be accepted
without consent from the Product Buyer (Janet Stone) prior to delivery.
All products delivered shall be from the current year’s pack. Supplier must provide the Product Buyer with a pack
code example so identification of pack year is possible.
All lots shall bear commercial labels. Bidder shall indicate on the bid form the brand or trade name by which the
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 23
product offered is identified, the Packer, and Region of Pack. If pack size is different from spec, Bidder will indicate
this on bid sheet.
All cases and individual containers shall be in good condition and shall, under proper storage conditions, have a shelf
life of at least six (6) months. Contractor guarantees products against swells for a period of six (6) months after
delivery. All items shall be properly labeled showing the brand or trade name, correct contents, size or weight
designation of container, and any other necessary identifying information usually used by the vendor, plus any special
information which may be required by these specifications and the Invitation to Bid. Labels must be printed paper or
printing by the silk screen, lithograph, or baked enamel process. Rubber stamp or typewritten labels are not
acceptable. Labels must be on sides of containers and not on top, except as otherwise noted.
Rusted and badly dented containers will not be accepted. All items shall meet the U.S. Standards for Condition of
Food Containers.
Unless specifically stated otherwise, all cans shall be well filled. Slack filled cans are not acceptable.
LAWS
All edible grocery products furnished to the DeKalb County School District shall comply with the latest standards and
regulations established by Federal Laws, including the Federal Food, Drug, and Cosmetic Act and the United States
Department of Agriculture, for the grade specified; except for canned fish items which shall comply with the latest
standards and regulations established by Federal Law, including the Federal Food, Drug, and Cosmetic Act and the
United States Department of Commerce.
In the event that the instructions, conditions, and specifications of the DeKalb County School District exceed any of
the previously mentioned agencies, the instructions, conditions, and specifications of said DeKalb County School
System shall have control.
METHOD OF AWARD
Only one award will be made:
1) canned items The vendor who meets specifications and bids the lowest on the portion packaged (individual)
items and the
The decision of the DeKalb County School District Purchasing Department shall be final.
DELIVERIES
All deliveries made to the DeKalb County School District warehouse must have purchase order number on all related
documents (i.e. invoices, bills of lading, packing slips, delivery receipts, waybills, etc).
No dockside delivery.
ALL ITEMS BEING SHIPPED TO THE WAREHOUSE MUST BE PALLETIZED ON GOOD 4-WAY PALLETS. Size
40” x 48” x 4”. The maximum weight per pallet is not to exceed 2,500 pounds. PALLET SWAP IF POSSIBLE. NO
MIXED ITEMS WILL BE ACCEPTED ON PALLETS. MUST HAVE SAME PRODUCTS ON SAME PALLETS. ALL
PALLETS MUST BE SHRINK-WRAPPED.
All items must be in prime condition at the time of delivery.
No substitutions (items, brands, grades, etc.) are to be made without the prior consent of the product buyer. Any
substitution without prior consent will be refused.
All deliveries made to the warehouse must have a delivery appointment. Contact the School Nutrition Logistics
Technician (Bobby Starks) at (678) 676-1796 to request a delivery appointment.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 24
BILLING
Invoices shall be sent to the DeKalb County School District, School Nutrition Department, 1780 Montreal Road,
Tucker, GA 30084 shall be in accordance with the bid, and shall show the Purchase Order Number.
PAYMENT
Payment will be made within 30 days of invoice date and approval to pay received from the School Nutrition
Department except when the district is closed for the holidays.
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 25
Specification Item Description Item No.
No.
CANNED FRUITS
unless otherwise noted. DOMESTIC ONLY; IF
AVAILABLE.
Applesauce (1)
45-10500 Color Type: Natural
Flavor Type: Natural
Type: Unsweetened
Style: Regular
Grade: United States Grade A (Fancy)
Pack Size: 6#10
Brand: Applesnax or Approved Equal
Fruit Cocktail (2)
45-10520 Packing Media: Light Syrup
Fruit Ingredients, Style and Proportion:
Should contain fruits in not less than nor
more than the following percentages:
-30% to 50% diced peaches, any yellow variety
-25% to 45% diced pears, any variety
-6% to 16% diced pineapple, any variety
-6% to 20% whole grapes, any seedless variety
-2% to 6% cherry halves, any light sweet or
artificial red variety.
Grade: US Grade A
Pack Size: 6#10
Mandarin Oranges (3)
45-10535 Style: Whole Sections (Intact Segments,
Medium Size)
Packing Media: Citrus Juice or Light Syrup
Grade: United States Grade A (Fancy)
Pack Size: 6#10
Peaches (4)
45-10545 Type: Yellow Clingstone
Style: Sliced
Packing Media: Light Syrup
Irregular cuts will not be accepted.
Grade: United States Grade A (Fancy)
Pack Size: 6#10
Pears - Bartlett (5)
45-10555 Style: diced
Packing Media: Light Syrup
Grade: United States Grade A (Fancy)
Pack Size: 6#10
Pineapple (6)
45-10570 Style: Tidbit
Packing Media: In juice or Light Syrup
Grade: United States Grade A (Fancy)
DOMESTIC ONLY, unless price prohibitive.
Port Royal (china) tidbits not acceptable.
Pack Size: 6#10
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 26
Specification Item Description Item No.
No.
CANNED VEGETABLES DOMESTIC ONLY; IF
AVAILABLE.
Green Beans (7)
45-10600 Style: Cut - Minimum 1-1/2 inch cuts
Size: Mixed 2, 3, 4, sieve
Reduced Sodium
Grade: United States Grade A (Fancy)
Pack Size: 6#10
45-10695 Loaded Baked Mashed Potatoes (8)
Reduced Sodium with Vitamin C
Pack Size: 12/31 0z bags
Brand: Idahoan or approved equivalent.
45-10690 Sweet Potatoes (9)
Cut, packed in light syrup
Grade A Fancy
Pack Size: 6#10
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SUPPLIER NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 27
BID SHEET
SPEC UNIT & BRAN PACK REGION OF Estimated UNIT TOTAL ITEM
# ITEM PACK D ER PACK Usage PRICE PRICE NO.
45-
10500 Applesauce 6#10 7,616 1
45-
10520 Fruit Cocktail 6#10 14,280 2
45-
10535 Orange Sections 6#10 17,136 3
45- Peaches, Yellow Cling
10545 Sliced 6#10 10,472 4
45-
10555 Pears, Bartlett , Halves 6#10 7,616 5
45-
10570 Pineapple, Tidbit 6#10 10,472 6
45-
10600 Green Beans 6#10 4,480 7
45- Loaded Baked Mashed 12/31 oz
10695 Potatoes bags 1,000 8
45-
10690 Potatoes, Sweet 6#10 3,584 9
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COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 28
PLEASE NOTE SPECIAL DELIVERY INSTRUCTIONS:
TOTAL
CASES Week Week Week Week Week Week Week Week Week Week
NEEDED 7/10/23 8/7/23 9/11/23 10/9/23 11/19/23 12/4/23 1/8/24 2/5/24 3/4/24 4/8/24
Applesauce 7,616 952 X 952 952 952 952 952 X 952 952
Fruit Cocktail 14,280 1904 1904 1904 952 1904 952 952 952 1904 952
Orange Sections 17,136 1904 952 1904 1904 1904 952 1904 1904 1904 1904
Peaches, Yellow
Cling Sliced 10,472 1904 952 952 952 952 952 952 952 952 952
Pears, Bartlett,
Halves 7,616 952 952 952 952 952 X 952 952 952 X
Pineapple, Tidbits 10,472 1904 952 952 952 952 952 952 952 952 952
Beans, Green 4,480 895 X X 895 895 X 892 X 895 X
Potatoes, Loaded
Mashed 800 100 100 100 X 200 X 100 X 200 X
Potatoes, Sweet 3,584 895 X X 895 895 X 895 X X X
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COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 29
Buy American Act
As a sponsor of the National School Lunch and breakfast Programs, DeKalb County School Nutrition Program will
consider only applicable products which comply with the requirement of the Buy American Act -7CFR 210.21(d).
Buy American Act ‐ 7 CFR 210.21: Contractor must comply with Buy American Act which states that a school food
authority purchase, to the maximum extent practicable, domestic commodities or products.
Buy American. Definition of domestic commodity or product. In this paragraph (d), the term ‘domestic commodity or
product’ means:
1. An agricultural commodity that is produced in the United States; and
2. A food product that is processed in the United States substantially using agricultural commodities that are
produced in the United States.
The report accompanying- the legislation stipulated that “substantially” means over 51 percent of the final processed
product consists of agricultural commodities that were grown domestically.
Food products produced in the U.S. are defined as an unmanufactured (raw) food product produced in the U.S., or a
food product that is manufactured in the U.S. In case of unavailability of domestic product due to seasonably available
quality or quantity or costs significantly higher, non‐ domestic product can be purchased on product‐by‐product basis.
Exceptions to Buy American provision are very limited; however, an alternate or exception may be approved upon
request. To be considered for an alternate or exception, the request must be submitted in writing to the Executive
Director of School Nutrition, a minimum of 7 day(s) in advance of delivery. The request must include the following:
1. Alternative substitute(s) that are domestic and meet the required specification(s):
a. Price of the domestic food alternate
b. Availability of the domestic alternative substitution 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.
If domestic product becomes unavailable, the contractor will provide 7 days notification. Included in
the notification will be current market price of original product and market price of substituted
product. Market price will come from a "third party market report”.
Signature of Supplier Representative: __________________________________ Date: _____________
(Supplier Name/Certifying Official Signature)
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COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 30
FOOD RECALLS AND BIOSECURITY 7 CFR 250
Vendor shall be expected to comply with all federal, state, and local mandates regarding the identification
and recall of foods from the commercial and consumer marketplace. Vendor shall have a process in
place to effectively respond to a food recall. The process must include accurate and timely
communications to the SFA and assurance that unsafe products are identified and removed from SFA
sites in an expedient, effective, and efficient manner. Selected Vendor will be expected to maintain all
paperwork required for immediate and proper notification of recalls for full and split cases. Vendor will
define their policy and procedures for handling food recalls on a separate document to be submitted
along with bid.
Vendor 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:
Company Name
Contact Name
Phone Number(s)
E-mail address
Back-Up Contact Name
Phone Number(s)
E-mail address
School System Name
School Nutrition Contact Name
Phone Number(s)
E-mail address
Back-Up School Nutrition Contact
Name
Phone Number(s)
E-mail address
Biosecurity
Vendor must have a written policy regarding biosecurity and the food supply, in accordance with the
Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA and under the
USDA, Food Safety, and Inspection Service. Vendor will define their biosecurity policy and procedures on
a separate document to be submitted along with bid.
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COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 31
IMMIGRATION & SECURITY CERTIFICATION
If you are providing service, performing work or delivering goods to the DeKalb County Board of
Education/DeKalb County School District including, but not limited to schools, warehouses and central offices,
the applicable Georgia Security and Immigration Compliance documents found here must be completed, signed,
notarized and submitted with your bid/proposal. Failure to provide this document with your bid/proposal will
result in the disqualification of the bid/proposal.
1) Offeror/Bidder (the "Offeror") shall at all times comply with the Georgia Security and Immigration Compliance Act,
as amended, O.C.G.A. § 13-10-90 et. seq.
2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and
the Georgia Security and Immigration Compliance Act, as amended by the Illegal Immigration Reform Act of 2011,
O.C.G.A. § 13-10-90 et. seq. (collectively the “Act”), the Offeror MUST INITIAL the statement applicable to Offeror
below:
(a) _______ (Initial here): Offeror declares under penalties of perjury that, Offeror has registered
at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with
the Act; is authorized to use and uses the federal authorization program under the federal work
authorization user identification number issued on the date of authorization below; will continue to use
the authorization program throughout the contract period; Offeror further warrants and agrees Offeror
shall execute and return any and all affidavits required by the Act and the rules and regulations issued
by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq. [Offerors who initial (a)
must attach and return a signed, notarized Contractor Affidavit and Agreement with the Contract
if awarded];
or
(b) _______ (Initial here): Offeror warrants that he/she does not employ any other persons, and
he/she does not intend to hire any employees or to perform the Contract. [Offerors who initial (b)
must attach and return a signed, notarized Affidavit of Exception with the Contract if awarded];
or
(c) _______ (Initial here) Offeror is an individual who is licensed pursuant to Title 26 or Title 43
or by the State Bar of Georgia and is in good standing when such contract is for services to be rendered
by such individual and thus does not have to provide an affidavit.
3) _____ (Initial here) Offeror will not employ or contract with any subcontrator in connection with a covered
contract unless the subcontractor is registered, authorized to use, and uses the federal work authorization
program; and provides Offeror with all affidavits required by the Act and the rules and regulations issued by
the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.
4) _____(Initial here) Offeror agrees that, if Offeror employs or contracts with any sub-contractor in connection
with the covered contract under the Act and DOL Rules 300-10-1-.01, et seq that Offeror will secure from each
sub-contractor at the time of the contract the sub-contractor’s name and address, the employee-number applicable
to the sub-contractor, the date the authorization to use the federal work authorization program was granted to
sub-contractor; the subcontractor’s attestation of the subcontractor’s compliance with the Act and Georgia
Department of Labor Rule 300-10-1-.01, et seq.; and the subcontractor’s agreement not to contract with sub-
subcontractors unless the sub-subcontractor is registered, authorized to use, and uses the federal work
authorization program; and provides subcontractor with all affidavits required by the Act and the rules and
regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.
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COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 32
5) ______(Initial here) Offeror agrees to provide the DeKalb County School District with all affidavits of
compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rules 300-10-1-.01,
et seq within five (5) business days of receipt.
_________________________________ ______________________________
Signature Date
____________________________________ _______________________________
EEV/Basic Pilot Program Date of Authorization
User Identification Number
Firm Name: __________________________________________________________
Street/Mailing Address: ________________________________________________
City, State, Zip Code: __________________________________________________
Telephone Number: ___________________________________________________
Email Address: _______________________________________________________
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
______ DAY OF_____________________, 20____
Notary Public
My Commission Expires:
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 33
DEKALB COUNTY SCHOOL DISTRICT
Bidder E-Verify Affidavit
By executing this affidavit, the undersigned offeror verifies its compliance with Immigration Reform and Control Act
of 1986 (IRCA), Pub.L. 99-603, stating affirmatively that the individual firm or corporation which is engaged in services
on behalf of the DeKalb County School District has 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 by federal law and regulation. Furthermore, the undersigned
offeror will continue to use the federal work authorization program throughout the contract period. Offeror hereby
attests that its federal work authorization user identification number and date of authorization are as follows:
Federal Work Authorization User Identification
number:
Date of Authorization:
Name of Project:
Solicitation Number (if applicable):
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, ____, 201__ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20__.
Notary Public
My Commission Expires:
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 34
DEKALB COUNTY SCHOOL DISTRICT
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating
affirmatively that the individual firm or corporation which is engaged in the physical performance of services on behalf
of the DeKalb County School District has 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 contractor
will continue to use the federal work authorization program throughout the contract period and the undersigned
contractor will contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of authorization are
as follows:
Federal Work Authorization User Identification
number:
Date of Authorization:
Name of Subcontractor:
Name of Project:
Solicitation Number (if applicable):
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, ____, 201__ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20__.
Notary Public
My Commission Expires:
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 35
DEKALB COUNTY SCHOOL DISTRICT
Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating
affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a
contract with _________________________________________ on behalf of the DeKalb County School District
has 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 subcontractor will continue to use the federal work
authorization program throughout the contract period and the undersigned subcontractor will contract for the physical
performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the
subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor
will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days
of receipt. Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
Federal Work Authorization User Identification Number:
Date of Authorization:
Name of Subcontractor:
Name of Project:
Solicitation Number (if applicable):
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _____, __________, 201___ in __________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20__.
Notary Public
My Commission Expires:
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 36
DEKALB COUNTY SCHOOL DISTRICT
Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)
By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A.§ 13-10-91, stating
affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a
contract for _______________________________________ and ______________________________________
on behalf of the DeKalb County School District has 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 sub-
subcontractor will continue to use the federal work authorization program throughout the contract period and the
undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract
only with sub-subcontractors who present an affidavit to the sub-subcontractor with information required by O.C.G.A
§13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to
__________________________________________________________________________. Additionally, the
undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to the
contractor within five business days of receipt. Sub-subcontractor hereby attests that its federal work authorization
user identification number and date of authorization are as follows:
Federal Work Authorization User Identification Number:
Date of Authorization:
Name of Sub-subcontractor:
Name of Project:
Solicitation Number (if applicable):
Name of Public Employer: DeKalb County School District
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ____, __________, 201___ in ___________________________________, __________
(city) (state)
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Agent:
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20__.
Notary Public
My Commission Expires:
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 37
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(7 C.F.R. Pt. 3018, App. A)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with
its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
_______________________________________ ________________________________________
Organization Name PR/Award Number or Project Name
_______________________________________ ________________________________________
Name(s) and Title(s) of Authorized Representative(s)
__________________________________________ _____________________
Signature(s) Date
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 38
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the institution or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying
entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal
action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quarter in which the change occurred. Enter the date
of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a
prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the
1st tier. Subawards include, but are not limited to, subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city,
state, and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United States
Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract
grant or loan award number, the application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., “RFP-DE-90-001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from
10(a). Enter Last Name, First Name, and Middle Name (M).
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 39
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to
the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made
or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected
to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time
spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the
officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, and print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden,
to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C.
20503.
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 40
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action 3. Report Type:
(a) contract (a) bid/offer/application (a) initial filing
(b) grant (b) initial award (b) material change
(c) cooperative agreement (c) post-award
(d) loan For Material Change Only:
(e) loan guarantee year ______ quarter ______
(f) loan insurance date of last report ________
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and
Prime Subawardee Address of Prime:
Tier ________, if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable: ____________________
8. Federal Action Number, if known 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Entity b.Individuals Performing Services (including address if different
(if individual, last name, first name, MI): from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply): 12. Type of Payment (check all that apply):
$___________________ actual a. retainer
planned b. one-time fee
c. commission
d. contingent fee
13. Form of Payment (check all that apply): e. deferred
a. cash f. other; specify:
b. in-kind; specify: nature
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s)
contacted, for Payment indicated in Item 11:
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
15. Continuation Sheet(s) SF-LLL-A attached: Yes No
16. Information requested through this form is authorized Signature:
by title 31 U.S.C. section 1352. This disclosure of
lobbying activities is a material representation of fact Print Name:
upon which reliance was placed by the tier above when
this transaction was made or entered into. This Title:
disclosure is required pursuant to 31 U.S.C. 1352. This
information will be reported to the Congress semi-
Telephone No.: Date:
annually and will be available for public inspection.
Any person who fails to file the required disclosure
shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Official Use Only Authorized for Local Reproduction
Standard form – LLL
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 41
Approved by OMB
DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET 0348-0046
Reporting Entity: ______________________________ Page _________ of
_________
Authorized for Local
Reproduction
Standard Form – LLL
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 42
School Nutrition Federal Funding General Conditions
Table of Contents
1. Debarment and Suspension Verification (7CFR 3017)
2. Escalation/De-escalation Clauses (if applicable)
3. Contract Renewal clauses (if applicable)
4. Buy American Act Clause (7 CFR 210.21)
5. Termination Clauses (7CFR 3016.36 (i) 2)
6. Clean Air and Clean water Act (7CFR 3016.36 (i) 12)
7. Civil Rights Statement
8. Records Retention (5yr) and Access (7CFR 3016.36(i) 10 & 11)
9. Equal Opportunity statement (7CFR 3016.36 (i) 3)
10. Energy Policy and Conservation Act Statement (7CFR 3016.36(i)13)
11. Minority and Small Business opportunity assurance (can use either statement or form)
12. Protest procedure
13. Award to only Responsive, Responsible bidders (7CFR 3016.36 (d)(2)(ii)(D))
14. Non-Collusion Statement
15. Copyrights and Patents (only on contracts over minimum bid threshold) 7 CFR 3016.36(i) 8 and 9)
16. Lobbying certification and disclosure (form) 7 CFR 3018
Required Contract Provisions specific to construction (use for construction project contracts only in addition to the
clauses above)
17. Copeland "Anti-Kickback" Act - (CFR 3016.36(i)4)
18. Davis-Bacon Act - (CFR 3016.36(i)5)
19. Contract Work Hours and Safety Standards Act (CFR 3016.36(i)6)
EXAMPLE CLAUSES THAT SHOULD BE INSERTED INTO THE TERMS &
CONDITIONS OF SFA CONTRACTS
1. Debarment and suspension verification ($25K+)
Debarred, Suspended, and Ineligible Status.
Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors 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 Federal Acquisition Regulation
(FAR) 48 C.F.R. Ch.1 Subpart 9.4. By signing this agreement, the bidder is testifying that they are not debarred, suspended or
have any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All
responses will be verified. Contractor certifies that the Contractor and/or any of its subcontractors 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 Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.
Contractor will immediately notify the School Food Authority if Contractor is debarred or placed on the Consolidated List of
Debarred, Suspended, and Ineligible Contractors by a federal entity.
2. Escalation/de-escalation clause (if applicable)
Note: The escalation clause of a contract should identify the index selected by its complete title and any identifying code. Fixed-
price contracts with economic price adjustments can be used when there is serious doubt concerning the stability of the market
or labor conditions that will exist during an extended period of contract performance.
Example:
If during the performance of this contract, the price of ____ significantly increases, through no fault of contractor, the price of ___
under this agreement shall be equitably adjusted by an amount reasonably necessary to cover any such significant price
increases. As used herein, a significant price increase shall mean any increase in price exceeding ___ percent (___%)
experienced by contractor from the date of the contract signing. Such price increases shall be documented through quotes,
invoices, or receipts. Where the delivery of ___ under this agreement is delayed, through no fault of contractor, as a result of the
shortage or unavailability of ___, contractor shall not be liable for any additional costs or damages associated with such delay(s).
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 43
OR
Every 3 months (quarterly) during the performance of this contract beginning on the day the contract is signed, the price (s) of
_______ shall be adjusted to include the ____% of increase or decrease of ______ item(s) for that quarter. The prices shall be
tied to the __________ Index for the term of this contract.
3. Contract Term clauses including renewal clause
Examples:
Contract Term. The Contract between the SFA or _____ County Board of Education and the Contractor shall begin and end
on the dates specified in the Invitation For Bid, unless terminated earlier in accordance with the applicable terms and conditions.
Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the State for the payment of any sum
beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.
Contract Renewal. The SFA or _______County Board of Education shall have the option, in its sole discretion, to renew the
Contract for additional renewals as defined in the Standard Contract on a year-to year basis by giving the Contractor written notice
of the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal term. Renewal will depend upon
the best interests of the SFA, funding, and Contractor's performance. Renewal will be accomplished through the issuance of a
written notice or Notice of Award Amendment. Upon the State Entity's election, in its sole discretion, to renew
any part of this Contract, Contractor shall remain obligated to perform in strict accordance with this Contract unless otherwise
agreed by the SFA and the Contractor.
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 SFA may, with the written consent of Contractor, extend this
Contract for such period as may be necessary to afford the SFA a continuous supply of the identified goods and services.
4. Buy American
Example:
Buy American Act - 7 CFR 210.21-
Contractor must comply with Buy American Act which states that a school food authority purchase, to the maximum extent
practicable, domestic commodities or products. Buy American —(1) Definition of domestic commodity or product. In this
paragraph (d), 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.
5. Non-Performance or/and Termination Clauses TERMINATION
a. Immediate Termination. This Contract will terminate immediately and absolutely if the School Food Authority determines that
adequate funds are not appropriated or granted or funds are deappropriated such that the School Food Authority cannot fulfill its
obligations under the Contract, which determination is at the School Food Authority's sole discretion and shall be conclusive.
Further, the School Food Authority may terminate the Contract for any one or more of the following reasons effective immediately
without advance notice:
(i) In the event the Contractor is required to be certified or licensed as a condition precedent to providing goods and services, the
revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on
which the license or certification is no longer in effect;
(ii) The School Food Authority determines that the actions, or failure to act, of the Contractor, its agents, employees or
subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized; (iii) The Contractor fails to comply
with confidentiality laws or provisions; and/or
(iv) The Contractor furnished any statement, representation or certification in connection with the Contract or the bidding process
which is materially false, deceptive, incorrect or incomplete.
b. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for the School Food
Authority to declare the Contractor in default of its obligations under the Contract:
(i) The Contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the School Food
Authority’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 Contractor;
(ii) The School Food Authority determines that satisfactory performance of the Contract is substantially endangered or that a
default is likely to occur;
(iii) The Contractor fails to make substantial and timely progress toward performance of the Contract;
(iv) The Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or Evans County Board of
Education law or State law to the extent allowed by applicable federal or county or state law including bankruptcy laws; the
Contractor terminates or suspends its business; or the School Food Authority reasonably believes that the Contractor has become
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
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insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;
(v) The Contractor has failed to comply with applicable federal, Evans County Board of Education and State laws, rules,
ordinances, regulations and orders when performing within the scope of the Contract;
(vi) The Contractor has engaged in conduct that has or may expose the School Food Authority or the Evans County Board of
Education to liability, as determined in the School Food Authority’s sole discretion; or
(vii) The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the
School Food Authority, the Evans County Board of Education, or a third party.
c. Notice of Default. If there is a default event caused by the Contractor, the School Food Authority shall provide written notice
to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the School Food
Authority’s written notice to the Contractor. If the breach or noncompliance is not remedied within the period of time specified in
the written notice, the School Food Authority may:
(i) Immediately terminate the Contract without additional written notice; and/or
(ii) Procure substitute goods or services from another source and charge the difference between the Contract and the substitute
contract to the defaulting Contractor; and/or,
(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.
d. Termination Upon Notice. Following thirty (30) days’ written notice, the School Food Authority may terminate the Contract in
whole or in part without the payment of any penalty or incurring any further obligation to the Contractor. Following termination
upon notice, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods
and services provided under the Contract to the School Food Authority up to and including the date of termination.
e. Termination Due to Change in Law. The School Food Authority shall have the right to terminate this Contract without penalty
by giving thirty (30) days’ written notice to the Contractor as a result of any of the following:
(i) The School Food Authority’s authorization to operate is withdrawn or there is a material alteration in the programs administered
by the School Food Authority; and/or
(ii) The School Food Authority’s duties are substantially modified.
f. Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the School Food
Authority, the School Food Authority shall pay only those amounts, if any, due and owing to the Contractor for goods and services
actually rendered up to and including the date of termination of the Contract and for which the School Food Authority is obligated
to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof
of the Contractor’s claim. This provision in no way limits the remedies available to the School Food Authority under the Contract
in the event of termination. The School Food Authority shall not be liable for any costs incurred by the Contractor in its performance
of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the
Contract.
g. The Contractor’s Termination Duties. Upon receipt of notice of termination or upon request of the School Food Authority,
the Contractor shall:
(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and
furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract,
including, without limitation, results accomplished, conclusions resulting therefrom, and any other matters the School Food
Authority may require;
(ii) Immediately cease using and return to the School Food Authority, any personal property or materials, whether tangible or
intangible, provided by the School Food Authority to the Contractor;
(iii) Comply with the School Food Authority’s instructions for the timely transfer of any active files and work product produced by
the Contractor under the Contract;
(iv) Cooperate in good faith with the School Food Authority, its employees, agents and contractors during the transition period
between the notification of termination and the substitution of any replacement contractor; and
(v) Immediately return to the School Food Authority any payments made by the School Food Authority for goods and services
that were not delivered or rendered by the Contractor.
6. Clean Air/Clean Water statement ($100K+)
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. Contractor 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. Contractor will
immediately notify the School Food Authority of the receipt of any communication indicating that any of Contractor’s facilities are
under consideration to be listed on the EPA List of Violating Facilities.
Compliance with Federal Clean Water Act - section 508 - (33 U.S.C. 1368) and Executive Order 11738 and Environmental
Protection Agency regulations (40 CFR 15) (for contracts, subcontracts, and subgrants of amounts in excess of $100,000)
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 45
7. Civil Rights statement
In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the
basis of race, color, national origin, sex, age and disability. To file a complaint of discrimination, write USDA, Director, Office of
Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-
5964 (voice and TDD). USDA is an cleaconopportunity provider and employer.
8. Record retention requirement (5 years per Sec. of State) and access to files
Record Retention and Access. The Contractor shall maintain books, records and documents in accordance with generally
accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to
the __________ County Board of Education throughout the term of the Contract for a period of at least five (5) years following
the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial
records and service records. The Contractor shall permit the Auditor of the ________ County Board of Education 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 Federal or State 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 Contractor
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 Contractor shall not impose a charge for audit or examination of the
Contractor’s books and records. If an audit discloses incorrect billings or improprieties, the _______ County Board of Education
reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct
will be turned over to the proper authorities
9. Equal Employment Opportunity compliance Statement ($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.
10. 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)
11. Assurance that affirmative steps are taken to use minority firms, women's enterprises and labor
surplus area firms
Example:
It is the intent of the _________ County Board of Education to provide maximum practicable opportunities in its solicitations to
small businesses, minority firms, women's enterprises and labor surplus area firms.
12. Protest procedures
Example:
Any protests arising from this solicitation and award shall be made in writing and shall be delivered to the Purchasing Manager,
______________ as the acting protest official of the _________ County Board of Education at __________________, GA _____.
The protest shall be filed no later than ten (10) days from the award notice and shall include:
The name, address, and telephone number of the protester; Page 7
The signature of the protester or an authorized representative of the protester;
Identification of the purchasing agency and the solicitation or contract number;
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents;
The form of relief requested. A written response to the protest will be made within 30 days from receipt of the protest and all
items indicated above.
13. Stipulation that awards will be made only to R&R bidders
Example:
AWARD TO LOWEST RESPONSIVE, RESPONSIBLE BIDDER
The ____________ Board of Education reserves the right to award to the lowest responsive, responsible bidder. This may result
in awards to other than the lowest bidder, or to reject any and all bids, if such action would result in the "best value" for the
_________County Board of Education.
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ITB NO. 24-397 SCHOOL NUTRITION GROCERY PRODUCTS PAGE 46
14. Non- Collusion
Non-Collusion Statement
"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting
a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that
collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I
agree to abide by all conditions of this bid, and certify that I am authorized to sign this bid for the bidder. (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." Contractor must comply with USDA Federal Regulations regarding procurement for Child Nutrition Programs - 7
CFR Part 3015 to CFR Parts 3016 and 3019
15. Copyrights and Patents (to be included in contracts for purchases over minimum bid threshold)
Example:
48 CFR-Chapter 1-Subchapter H- Part 52.227-2 Notice and Assistance Regarding Patent and
Copyright Infringement.
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent
or copyright infringement based on the performance of this contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising
out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this
contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information
in the Contractor’s possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense
of the Government except where the Contractor has agreed to indemnify the Government.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to
exceed the simplified acquisition threshold.
52.227-3 Patent Indemnity.
(a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for
infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld
from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the
performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as
“construction work”) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or
construction work.
(b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of
the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules,
or regulations to participate in its defense. Further, this indemnity shall not apply to—
(1) An infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the
supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not
normally used by the Contractor;
(2) An infringement resulting from addition to or change in supplies or components furnished or construction work performed that
was made subsequent to delivery or performance; or
(3) A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of
a court of competent jurisdiction.
2 CFR Appendix II to part 200, Section F – Rights to Inventions
Rights to Inventions Made Under a Contract or Agreement. 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.
Example:
Any papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases and other material which are produced under
or as a result of this Contract are to be deemed a "work made for hire", as such term is defined in the Copyright laws of the United
States. As a "work made for hire", all copyright interests in said works will vest in the Department or School Food Authority upon
creation of the copyrightable work. If any papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases, or other
material which produced under or as a result of this Contract are deemed by law not to be "work made for hire", any copyright
interests of the Contractor are hereby assigned completely and solely to the Department or School Food Authority. The Contractor
shall ensure that all papers, reports, graphs, forms, guides, evaluations, spreadsheets, databases and other material which are
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produced under or as a result of this Contract are clearly marked with a copyright notation indicating the Department or School
Food Authority as the sole copyright owner. All rights and ownership of materials produced under or as a result of this Contract
shall become the property of the Department or School food Authority upon payment of consideration specified herein. All papers,
reports, graphs, forms, guides, evaluations, spreadsheets, databases and other material prepared or prepared by the Contractor
under the terms of this Contract shall be delivered to, become and remain the property of the Department or School Food Authority
upon termination or completion of this Contract. The Department’s requirements and regulations are applicable pertaining to
patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract and
requirements and regulations pertaining to copyrights and rights in data.
16. Lobbying ( over 100K) - CFR 7.3018
Certification and disclosure
Title 7: Agriculture
PART 3018—NEW RESTRICTIONS ON LOBBYING
Subpart F—Agency Reports
Appendix A to Part 3018—Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub
recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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CLIENT REFERENCES
(You are required to copy this form and use one form per reference.)
Attach and label “Respondent’s Client References.”
_______________________________
Supplier Name Providing Reference
_______________________________
Address City/State/Zip
_______________________________
Name of Contact Person
_______________________________
Telephone Number of Contact Person
_______________________________
Email Address of Contact Person
_______________________________
Date of Relationship
Important! This is a vital part of your bid submission. DCSD will verify customer references. It is
advisable that you inform your reference contact person that you have listed him/her for reference.
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REQUIRED SUBMITTALS/DOCUMENT CHECKLIST
IMPORTANT NOTICE: Failure to provide the information and/or documentation required in this
solicitation will cause the submission to be declared non-responsive and rejected. Failure to sign
this document at all signature lines will cause the submission to be declared non-responsive
and rejected.
Bidders are required to submit one (1) original, one (1) duplicate copy and one (1) pdf (CD or flash
drive) of their solicitation response. One (1) duplicate copy and one (1) pdf (CD or flash drive) are
required to be submitted with the original in a sealed package. Responses to this Invitation to Bid
must be submitted on 8½” x 11” single-sided stock, in accordance with the directions outlined on
page 2 of this document. All submittals must include the following items listed below in order to be
considered responsive:
• This Invitation to Bid No. 24-397, School Nutrition Grocery Products, must be the first document in the
submission. This document consists of pages 1-50 and is located at:
https://dekalbschoolsga.ionwave.net/Login.aspx
• Addenda – Each individual addendum must be printed, signed, and inserted immediately following the
solicitation document
• Signature on all pages where required
• Certificate of Insurance
• Bid Prices
• No Obligation/No Order(s) Guaranteed/Cost to Bid
• Small and Minority Businesses and Women’s Enterprises
• Suspension and Debarment
• Non-Collusion
• Conflict of Interest
• Compliance with Environmental Laws and Regulations
• Energy Efficiency
• Certification of Bid Price
• Buy American Act
• References
• Audited Financial Statement
• Georgia Security and Immigration Compliance Act
• Debarment, Suspension and Ineligible Status
• Civil Rights Assurance
• USDA Nondiscrimination Statement
• Required Contract Provisions
• Certification for Contracts, Grants, Loans, and Cooperative Agreements
• Disclosure of Lobbying Activities
• Copy of Business License
• One (1) original, one (1) copy of bid and one (1) CD (pdf or flash drive) of bid
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END
OF
SOLICITATION
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