Revised RFP 26-732 Food Items and Distribution Services - August 10, 2026 - DCSD Board Meeting Archive

Revised RFP 26-732 Food Items and Distribution Services PAGE 1

Vendor Services Department
Procurement
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083

REVISED REQUEST FOR PROPOSAL (RFP) 26-732
Food Items and Distribution Services
Schedule of Events
EVENT DATE(S) TIME LOCATION

Solicitation Posts 03/26/2026 https://dekalbschoolsga.ionwave.net

Optional Pre-Proposal
Conference
04/14/2026 11:00 AM Via Microsoft Teams (registration required)

Deadline to Submit
Questions (Q&A)
04/17/2026 12:00 PM https://dekalbschoolsga.ionwave.net

Q&A Deadline Responses 04/24/2026 5:00 PM https://dekalbschoolsga.ionwave.net

Submission Deadline 04/30/2026 2:00 PM https://dekalbschoolsga.ionwave.net

Virtual Public
Acknowledgement
04/30/2026 3:00 PM Via Microsoft Teams (Registration required)

SUBMISSIONS MUST BE RECEIVED ELECTRONICALLY VIA https://dekalbschoolsga.ionwave.net
DeKalb County School District Solicitation Contact Person:
Fred Christopher, Procurement Manager III-Non-Capital
(678) 676- 0217 and/or email at solicitationquestions@dekalbschoolsga.org
Revised RFP 26-732 Food Items and Distribution Services PAGE 2

1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083

https://dekalbschoolsga.ionwave.net

REQUEST FOR PROPOSAL
RFP 26-732
Food Items and Distribution Services
Revised RFP 26-732 Food Items and Distribution Services PAGE 3

TABLE OF CONTENTS
Title Page ..................................................................................................................................... 2
Table of Contents ...................................................................................................................... 3-4
Submittal Terms ................................................................................................................................................................. 5-7
Attachments ........................................................................................................................... 49-67

PART I – BACKGROUND AND INFORMATION
A. Objectives ............................................................................................................. 8
B. General Information ............................................................................................... 8
C. Procurement Process ............................................................................................. 8
D. Addenda ................................................................................................................. 8
E. Proposal Contact Persons...................................................................................... 9
F. Prohibited Contacts ................................................................................................ 9
G. Optional Virtual Pre-Proposal Conference ............................................................. 9
H. Proposal Submission Deadline………………………………………………………... 9
I. Virtual Public Acknowledgement.……………………………………………………. .. .9
J. Questions and Answers ....................................................................................... 10

PART II – GENERAL REQUIREMENTS
A. Offeror Performance ........................................................................................... 11
B. News Release ..................................................................................................... 11
C. Non-Discrimination .............................................................................................. 11
D. Drug Free Workplace .......................................................................................... 11
E. Smoke Free Workplace ....................................................................................... 11
F. Background Checks ............................................................................................. 11
G. Costs Incurred ..................................................................................................... 12
H. Insurance ............................................................................................................. 12
I. Indemnification ..................................................................................................... 14
J. Illegal Immigration Reform and Enforcement Act of 2011 .................................... 15
K. Interviews ............................................................................................................ 15
L. Contract Terms .................................................................................................... 15
M. Permits and Applicable Laws ............................................................................... 16
N. Infringement ......................................................................................................... 16
O. Ownership Rights ................................................................................................. 16
P. Non-Collusion....................................................................................................... 16
Q. Conflict of Interest ................................................................................................ 16
R. Financial Stability ................................................................................................. 17
S. No Obligation/No Contract Guaranteed ............................................................... 17
T. Confidentiality and Non-Disclosure ...................................................................... 17
U. Business License ................................................................................................. 18
V. Protest Process…………………………………………………………………………18
Revised RFP 26-732 Food Items and Distribution Services PAGE 4

TABLE OF CONTENTS (CONT’D)
PART III – SCOPE OF WORK

A. Purpose / Project Overview ............................................................................... 21
B Project Scope of Work ....................................................................................... 21
C. Brochures, Catalogs, Manuals, Websites, Literature ......................................... 36
D. Added Value ...................................................................................................... 36
E. Technical Proposal ............................................................................................ 36
F. Transition Plan................................................................................................... 40
G. Required Content / Document Checklist ............................................................ 41

ATTACHMENTS
Attachment A – Cost Proposal Form ................................................................................ 49
Attachment B- Non-Collusion ........................................................................................... 50
Attachment C – Conflict of Interest .................................................................................. 51
Attachment D – Critical Paragraphs ................................................................................. 52
Attachment E – Confidentiality and Non-Disclosure......................................................... 53
Attachment F – Suspension and Debarment ................................................................... 54
Attachment G – Illegal Immigration Reform and Enforcement Act of 2011
Certification ............................................................................................. 57
Attachment H- Certification Regarding Lobbying ............................................................ 63
Attachment I- Vendor Affidavit ......................................................................................... 64
Attachment J- Exception Form ......................................................................................... 65
Attachment K – Signature Page ....................................................................................... 66
Final Page ........................................................................................................................ 67

APPENDIX
Appendix A – Sample Service Agreement
Appendix B – DCSD Locations and Addresses
Revised RFP 26-732 Food Items and Distribution Services PAGE 5

DeKalb County School District (“DCSD”) extends this offer to submit a proposal for the possible purchase or
lease of goods and/or services conforming to the following designated specifications, terms, and conditions. This
solicitation will require DCSD Board of Education approval.

Format and Submission of Proposals

Submittal responses to this solicitation will be received electronically on the DeKalb County School District
website at https://dekalbschoolsga.ionwave.net.

The format requirements for RFP responses are designed to ensure uniformity in the responses, provide the
information necessary to understand each offeror’s proposal, and facilitate an efficient and comprehensive
evaluation of all responses. Proposals must comply with the specifications and detailed instructions stated in
this RFP document, be signed by the certifying company official, and be presented to the DCSD Purchasing
Department according to the detailed instructions stated in this document.
• RFP responses must be submitted electronically via https://dekalbschoolsga.ionwave.net.
• Proposals must be presented in a PDF format. All attachments must be identified properly for easy
recognition and association.
• Each page of the response must be numbered.
• Each proposal must contain a detailed Table of Contents and must be organized in the same order
as the requirements are outlined in this RFP document. Each separate bullet point must be addressed
individually. A response that does not adhere to a “point-by-point” format may be disqualified.
• Responses shall be organized simply and economically. Emphasis must be placed on completeness
and clarity. Proposals that do not include all the required information may be disqualified.

All potential respondents must register as a vendor at https://dekalbschoolsga.ionwave.net.

Time is of the essence. Specify your earliest __________ and latest __________ service commencement dates
after receipt of award letter.

Approval by the DeKalb County Board of Education
Official approval by the DeKalb County Board of Education is required for this procurement. No contract shall be
construed to be formed without the advance official approval of the DeKalb County Board of Education. The
successful offeror will be notified after DeKalb County Board of Education approval.

Funding Provisions
No award or contract will be made if funding is not approved by the DeKalb County Board of Education.

Compliance with Requirements
Offeror must indicate below whether or not their proposal is in complete compliance with the stated requirements.
If there are any deviations from these requirements, offeror must indicate in writing what the exact deviations are
and what actual services will be provided. Attach and label additional sheets if necessary.
___ Proposal is in complete compliance with proposal requirements.
___ Proposal deviates from stated requirements as follows:
_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________
Revised RFP 26-732 Food Items and Distribution Services PAGE 6

Cancellation
Awards, contracts, and extensions may be canceled for convenience by the DeKalb County School District
(DCSD) at any time. In the event of termination of contract by DCSD, the DCSD will be responsible only for those
services that have been delivered and accepted according to the RFP requirements. Any cancellation for
convenience by DCSD shall be effective three (3) business days after receipt of the Notice of Cancellation for
convenience from DCSD by the Offeror.

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 any renewal and extension options shall terminate absolutely
without further obligation on the part of DCSD at the end of the fiscal year in which this solicitation was issued and
at each June 30 renewal anniversary date thereafter unless the successful offeror is notified otherwise and agrees
in writing to the exercise of renewal and extension options.

Payment to Successful Vendor(s)
Payment for goods and services will be made by electronic funds transfer (EFT). Vendor(s) doing business with
DCSD are required to provide EFT payment information when registering as a DCSD vendor at:
https://www.dekalbschoolsga.org/purchasing/.

Rights Reserved
DCSD reserves the right to accept or reject any and/or all parts of responsive proposals received and/or to reject
all proposals submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best
interest of and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor
irregularities in responses received and to award the contract in the most beneficial manner for DCSD. The decision
of DCSD shall be final.
DCSD reserves the right to request and negotiate a “best and final” response from offerors.

Taxes
Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate
will be furnished upon request.

F.O.B. Delivery
All prices are to be F.O.B. delivery to various DCSD locations.

Estimated Quantities
The quantities shown in this RFP document are estimates, which are provided for your information. However,
actual quantities purchased by DCSD may vary.

Exclusions of Trade Usages
This RFP contains all of the terms, conditions and obligations to which the parties agree, and shall not be
modified, controlled, explained, supplemented or affected in any way by any usage of trade not expressly
included in this agreement.

Conditional Proposals
Proposals that are conditional and/or in any way qualify or vary the terms of these instructions, conditions, and
specifications shall be considered non-responsive and disqualified.
Revised RFP 26-732 Food Items and Distribution Services PAGE 7

Offeror Failure
In the event services to be furnished by the successful offeror should for any reason fail to conform to the scope
of work contained herein, DCSD reserves the right to reject the services and further reserves the right to terminate
the contract.
Failure of the successful offeror to perform contracted services may also result in the removal of that offeror from
doing business with DCSD for a period of not less than one year.

Georgia Open Records Act
All proposals submitted in response to DCSD solicitations may be subject to the Georgia Open Records Act, which
permits any member of the public to inspect and/or copy documents prepared and maintained or received in the
course of the operation of the public office or agency.

No Assignment of Award
The successful offeror may not assign the award or contract to or subcontract with another party without the
express written permission of DCSD.

The Laws of the State of Georgia
This RFP and subsequent agreement are subject to the laws of the State of Georgia.

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).

Additional Terms
In the event an award is made to an offeror, the resulting contract shall not depart from this document unless
agreed to in writing by DCSD and the successful offeror. DCSD shall not be bound by additional terms and
conditions and/or extraneous language added to this document by offerors.

ALL SOLICITATIONS ISSUED BY DCSD ARE ADVERTISED IN THE LEGAL SECTION OF THE CHAMPION
NEWSPAPER, (404) 373-7779, POSTED ON THE DCSD IONWAVE WEBSITE, AND POSTED IN THE TEAM
GEORGIA MARKETPLACE’S GEORGIA PROCUREMENT REGISTRY. Offerors are solely responsible to
review and make themselves aware of DCSD solicitations posted on the following website:

https://dekalbschoolsga.ionwave.net/Login.aspx
Revised RFP 26-732 Food Items and Distribution Services PAGE 8

PART I
BACKGROUND AND INFORMATION
A. Objectives
DeKalb County School District (hereinafter, “DCSD”) is requesting qualified vendors to submit proposals to
provide Food Items and Distribution Services.
Awarded offeror(s) shall provide services in accordance with the specifications, requirements and terms and
conditions stated herein. Services shall include all labor, materials, tools, specialized equipment, supplies,
trained personnel, insurance, travel, per diem, direct and indirect administrative costs, overhead, tolls, parking,
fuel, lodging, all other cost and charges, and all things and services necessary to provide services, in
accordance with the requirements of this RFP. There shall be no add-on charges of any kind. DCSD reserves
the right to make multiple awards.

B. General Information
DCSD is a metropolitan Atlanta public school system organized and existing under the Constitution and laws
of the State of Georgia. DCSD is located in the fourth largest county in Georgia. DeKalb County is one of the
most culturally diverse counties in the nation. DCSD has a student enrollment of over 91,000 students in pre-
kindergarten through grade 12. With more than 138 schools and centers, DCSD educates the third largest pre-
kindergarten through grade 12 student population in the State of Georgia. DCSD is the second largest
employer in DeKalb County with approximately 14,000 employees.
DCSD is dedicated to giving every student the best possible education through an intensive core curriculum
and specialized, challenging instructional and career programs. DCSD is striving to become the premier K-12
school system of choice and desires to significantly improve leadership, teaching, and student learning to fulfill
its mission as an organization for public education.
DCSD includes approximately:
• 77 Elementary Schools
• 19 Middle Schools
• 22 High Schools
• 8 Start-up Charter Schools
• 12 Specialized Learning Centers
• 7 Administrative Centers, and
• 5 Athletic Stadiums
DCSD’s wide-area network connects instruction and administration sites to deliver technology and learning
tools to every child. The main administrative offices are located at 1701 Mountain Industrial Boulevard, Stone
Mountain, Georgia 30083. DCSD is governed by a seven-member Board of Education.

C. Procurement Process
The procurement will be on a formally advertised basis. Proposals must be responsive to all aspects of this
RFP.

D. Addenda
It is the responsibility of offerors to frequently check for any addenda, questions, and answers posted on the
Purchasing Bulletin Board on the DCSD website. Failure on the part of offerors to make themselves aware of
and comply with addenda requirements will not relieve them of this obligation.

All posted addenda must be printed, signed by the offeror, and included in the offeror’s RFP submission.

Click on the following link to the Purchasing Bulletin Board: https://dekalbschoolsga.ionwave.net
Revised RFP 26-732 Food Items and Distribution Services PAGE 9

E. Proposal Contact Person
The assigned contact person for offerors is Fred Christopher, Procurement Manager III-Non-Capital who can
be reached at (678) 676-0217 or by email to solicitationquestions@dekabschoolsga.org.

F. Prohibited Contact(s)
Except with the consent of the proposal contact person, all offerors, including any persons affiliated with or in any
way related to the offeror, are strictly prohibited from contacting DeKalb County Board of Education members and
DCSD employees or consultants on any matter having to do in any aspect with this RFP between the time a request
for proposal is formally released and a recommendation is made by the administration to the Board, other than as
provided herein. Communication with anyone other than the proposal contact person regarding any portion
of this RFP can result in the violating firm being disqualified. Furthermore, no employee, officer, or agent of
the DeKalb County Board of Education or DCSD may participate in the selection, award or administration of a
contract if he or she has a real or apparent conflict of interest.
Board Member Communication with Prospective Vendors
Vendors shall not contact Board members individually for the purpose of soliciting a purchase or contract between
the time a request for proposal 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.

G. Optional Virtual Pre-Proposal Conference
An optional virtual pre-proposal conference will be held via Microsoft Teams at 11:00 AM EST on Tuesday, April
14, 2026.

Prospective offerors must provide the following information by 5:00 PM EST, on Monday, April 13, 2026:

Name and Title
Company Name
Telephone Number
Email Address

This information must be sent to solicitationquestions@dekalbschoolsga.org. Please enter “Optional Virtual
Pre-Proposal Conference – RFP 26-732 Food Items and Distribution Services” in the subject line of your email.
An invitation will be sent via Microsoft Teams to those providing the above information no later than Tuesday, April
14, 2026, by 10:30 AM EST.

H. Proposal Submission Deadline
All potential offerors must register as a vendor at https://dekalbschoolsga.ionwave.net.
Proposals in response to this RFP must be received electronically via IonWave no later than 2:00 PM on
Thursday, April 30, 2026. Proposals received after the stated deadline will not be considered.

I. Virtual Public Acknowledgement
The public acknowledgment will be held virtually through Microsoft Teams on Thursday, April 30, 2026, at
3:00 PM EST. For those who would like to attend the acknowledgement, please register no later than
Wednesday, April 29, 2026, by 5:00 PM EST, by sending an email to
solicitationquestions@dekalbschoolsga.org.

Please enter “Virtual Public Acknowledgement - RFP 26-732 Food Items and Distribution Services” in the
subject line of your email.

An invitation will be sent via Microsoft Teams to those participants no later than Thursday, April 30, 2026, by
2:30 PM EST.
Revised RFP 26-732 Food Items and Distribution Services PAGE 10

J. Questions and Answers
It is intended that this RFP be adequate for any offeror to respond to DCSD’s requirements. However, should offerors
have questions, all questions shall be submitted electronically to: https://dekalbschoolsga.ionwave.net. Questions
submitted to any other mailbox, voice mail or e-mail address will not be considered for response. The deadline to
submit questions is Friday, April 17, 2026, at 12:00 PM EST. Questions received after the deadline will not be
considered.
All questions received by the deadline shall be answered in writing and both the questions and answers will be posted
to the website https://dekalbschoolsga.ionwave.net no later than Friday, April 24, 2026, at 5:00 PM EST.
Responses to questions will not be posted on official DCSD holidays.
Revised RFP 26-732 Food Items and Distribution Services PAGE 11

PART II
GENERAL REQUIREMENTS
A. Offeror Performance
The successful offeror is required to perform and fulfill all the undertakings, covenants, terms, conditions,
and agreements of this RFP document and any negotiated contract(s). Specifications contained herein and
in the successful response will become contractual obligations if an award ensues. Failure of the offeror to
fully perform these obligations may result in the cancellation of the award and contract.
DCSD will look to the offeror and his/her identified personnel to coordinate and deliver the services described
in this RFP. The services shall not be delegated to sub-offerors or assigned to any third party.

B. News Release
Any news release or publicity pertaining to any phase of this project must be cleared through the DCSD
Executive Director of Communications.

C. Non-Discrimination
DCSD does not discriminate based on 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.

D. Drug-Free Workplace
By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled
substance or drugs during the performance of the contract.

E. Smoke-Free Workplace
By submission of a response to this RFP, the offeror certifies that he/she and his/her employees shall not
use tobacco products on DCSD property at any time during the performance of this contract.

F. Background Checks
A criminal background check must be performed on all contractors, consultants, subcontractors,
volunteers and vendors (hereinafter jointly referred to as "Individuals") who provide services on
DCSD premises, supervise services on DCSD premises, or has contact with students. These
Individuals shall undergo the same criminal background check, within the last 365 days, as required
by DCSD employees. Such background checks will be performed by DCSD at the expense of the
Individual at a cost of $45.00 per individual.

Additionally, any charges against the Individual, may be deemed unacceptable in DCSD’s sole
discretion regardless of whether dismissed, expunged, sealed, removed from the record, treated as
a “first offender” or dead docketed. Upon receipt and evaluation of DCSD’s background check
results, DCSD may demand that the Individual have no contact with DCSD students or parents or
provide services to DCSD premises.

Any failure of the contractor to obtain a criminal records background check through DCSD, as stated
herein, may result in termination of any resulting contract between contractor and DCSD.
Revised RFP 26-732 Food Items and Distribution Services PAGE 12

G. Costs Incurred
DCSD is not liable for any costs incurred by an offeror in preparing and/or submitting a response to this RFP
or for any interview if requested. Any and all costs incurred by the offeror in preparing and/or submitting a
response to this RFP and interviewing with DCSD (if requested) shall be the sole responsibility of the offeror
and shall not be reimbursed by DCSD.
There is no guarantee of any offeror receiving an award as a result of submitting a response to this RFP.

H. Insurance
Certificate of Insurance and/or ACORD Form is required with solicitation submittal and required upon
award.
Upload this documentation under the Response Attachment tab via IonWave titled “Certificate of
Insurance”.
The DCSD Director of Risk Management sets insurance and indemnification requirements for each
Solicitation.

Certificate of Insurance / Accord Form is required with solicitation submittal upon award. 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 RFP will be contingent upon receipt within six (6) business days of request for
insurance documentation complete with the following requirements and fully acceptable to the DCSD
Risk Manager. No work will commence / no purchases will be made without the written statement of
approval of insurance coverage from the DCSD Risk Manager. In the event the awarded offeror cannot
produce insurance coverage acceptable to the Risk Manager within the time provided, DCSD reserves
the right to award this solicitation to the first runner-up.

(1) The successful Offeror shall procure and maintain throughout the term of this agreement a
policy or policies of insurance providing coverage as set forth below that shall protect the offeror
and the Indemnitees (as defined in Part II, Section I of this RFP) from any claims for bodily injury,
property damage, or personal injury which may arise out of offeror’s operations under this
agreement. The foregoing policies shall be obtained from insurance companies approved to do
business in the State of Georgia and companies acceptable to DCSD. Offeror shall procure the
insurance policy(ies) at the offeror’s own expense and shall furnish to DCSD a certificate of
insurance containing the following:

(a) Name and address of authorized agent;
(b) Name and address of insured;
(c) Name of insurance company;
(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 of expiration or cancellation;
(j) Signature of authorized agent;
(k) Telephone number of authorized agent; and
(l) Details of policy exclusions applicable to this agreement in comments section of
insurance certificate.

All certificates evidencing primary and excess layers shall be renewed and kept current and up to
date on an annual basis.
Revised RFP 26-732 Food Items and Distribution Services PAGE 13

(2) Offeror is required to maintain the following insurance coverage 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. Offeror shall have the ability to self -insure its
required workers’ compensation coverage if offeror is an approved self-insurer in the State of
Georgia.

(b) Commercial General Liability Policy, or equivalent coverage, to include products and
completed operations liability and contractual liability. The Commercial 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) Automobile Liability Policy to include but not be limited to liability coverage on any
owned, non-owned and hired vehicle used by offeror or offeror’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
occurrence and annual aggregate limit not less than $2,000,000 per claim.

(e) Professional Liability or Errors & Omissions coverage with limits not less than $2,000,000 per
claim/$2,000,000 aggregate. The deductible shall not exceed $10,000 per claim.

(f) Under all coverage and certificates required hereunder, policies shall or be endorsed to
include the following terms and conditions:

(i) All policies and coverage shall be on an “occurrence” not “claims made” basis
(excepting (e) above)

(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 thirty (30)
days prior written notice has been given to DCSD.

(iii) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section I
of this RFP) 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.

(g) 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:
Revised RFP 26-732 Food Items and Distribution Services PAGE 14

(i) 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 offeror, including captive or self-insured
programs, with the prior written approval of DCSD.

(ii) Contractual liability coverage, specifically referencing this agreement and its
Indemnity applies to liability assumed by the named insured.

(iii) Shall include Indemnitees as additional insured except on coverages (2) (a) and (2)(e).

(iv) Shall waive all right of subrogation against Indemnitees (as defined in Part II, Section
I of this RFP) for losses arising out of this agreement.

(v) A severability of interest or cross liability clause or endorsement applies to commercial
general liability and excess liability policies.

(vi) Shall be primary and not excess to any other coverage provided by or available to the
Indemnitees (as defined in Part II, Section H of this RFP).

(h) Offeror shall require any and all subofferors performing work under this agreement to
carry insurance of the types and with limits of liability as offeror shall deem appropriate
and adequate for the work being performed. However, the obligations of the offeror to the
Indemnitees assumed in Sections of Indemnification, and Insurance shall not be reduced or
diminished by the standards set for the subofferors. Further, offeror agre es that their obligations
to indemnify and insure the Indemnitees shall pertain to all losses arising out of the subofferor’s
acts or negligence in the same manner and to the same extent as if committed by the offeror.
Offeror shall obtain and make available for inspection by DCSD, current certificates of insurance
evidencing insurance coverage by such subofferors.

I. Indemnification
1) The successful offeror shall indemnify, defend, and hold harmless the DeKalb County School Board,
the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers,
and assigns (all of whom may collectively be referred to as "Indemnitees" throughout this RFP), 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
offeror’s employees), 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 offeror its employees, agents, representatives,
or their employees, agents, or representatives in connection with or incidental to offeror’s performance
of the agreed-upon services regardless of whether such liability, claim, damage, loss, cost or expense
is caused in part by an Indemnitee.
2) The successful offeror shall also indemnify, defend, and hold harmless the Indemnitees from any and
all costs, expenses, claims, demands, rights, liabilities and causes of action inuring to offeror from
events over which the Indemnitees exercise no control, such as Acts of God, strikes or government
restrictions.

Offeror's obligation to indemnify any Indemnitee shall survive the completion, expiration, or termination
of offeror’s agreed-upon services for any reason.
Revised RFP 26-732 Food Items and Distribution Services PAGE 15

J. Illegal Immigration Reform and Enforcement Act of
Upload this documentation under the Response Attachment tab via IonWave titled “IMMIGRATION SECURITY
DOCUMENTATION”.
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.

Offerors must complete and/or have their subcontractors complete the following forms:

1) Immigration and Security Certification
2) Offeror E-Verify Affidavit
3) Contractor Affidavit (Contractor Only)
4) Subcontractor Affidavit (Subcontractor Only); and
5) Sub-Subcontractor Affidavit (Sub-Subcontractor Only)

The Immigration and Security Certification, the Offeror 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.

______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 Offeror is not required to complete the Contractor Affidavit, the Subcontractor Affidavit and the Sub-
Subcontractor Affidavit (reference Attachment page).
K. Interviews
DCSD reserves the right to require offerors to participate in one or more interviews with DCSD board members
and/or staff. Offerors must be prepared to discuss the salient points of their proposal within two (2) normal
working days of being asked to participate in interviews. There are to be no presentations, individually or
collectively, without such invitation.

L. Contract Terms
In the event DCSD determines that outsourcing these services are in its best interest, with the approval of the
DeKalb County Board of Education, the successful offeror will be notified in writing. A contract confirming firm
fixed price and other terms shall be signed by the parties. Services will begin on or about August 2026. The
initial contract duration shall be for one year from the final execution date of both parties. The contract may
contain up to four (4) 1-year extension options contingent upon DCSD’s offer of such extension, the successful
offeror’s acceptance and the approval of the DeKalb County Board of Education to extend the contract. The
contract is subject to the approval of the DeKalb County Board of Education and to fiscal year funding limitations.
The contract price must be held firm for the entire term of the contract. Vendor(s) will be allowed to request price
changes on a quarterly basis, commencing the extension/renewal date on any individual product or service
included in this RFP. Any price increase must be approved in writing by DCSD.

DCSD reserves the right to terminate any resulting contract for convenience. In the event of contract termination
by DCSD, the DCSD will be responsible only for those services and deliverables that have been received and
accepted. Any cancellation for convenience by DCSD shall be effective three (3) business days after receipt of
Revised RFP 26-732 Food Items and Distribution Services PAGE 16

the Notice of Cancellation for convenience from DCSD by the offeror. Non-performance of contract terms
shall give sufficient cause for DCSD to cancel the contract. Non-performance shall be construed to include,
but is not limited to, failure of the offeror to deliver equipment or perform services in the time specified or in the
manner required.

A contract is attached which includes all of the terms and conditions that the offeror must affirm and
comply. Refer to Appendix A, Sample Service Agreement. Please review DCSD’s attached contract terms
and conditions prior to submitting a response to this RFP. Offerors should plan on the contract terms and
conditions attached to this RFP being included in any award as a result of this RFP. Therefore, all costs
associated with complying with these requirements should be included in any pricing quoted by the offeror.

M. Permits and Applicable Laws
By submitting a proposal, offeror acknowledges its acceptance of the RFP specifications and the contract terms
and conditions without change except as otherwise expressly stated in the submitted proposal.
If an offeror takes exception to a contract term or provision, the offeror must state the reason for the exception
and state the specific contract language it proposes to include in place of the provision. Any exceptions to the
contract must be submitted as an attachment to the offeror’s response. Proposed exceptions must not conflict
with or attempt to preempt mandatory requirements specified in the RFP.

Offerors shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply
with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to the full execution
of the requirements stated herein. Offerors shall maintain all such permits, licenses, certifications, and
compliances in a current status throughout the course of the contract. Offerors shall submit copies of permits,
licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Offerors
shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

N. Infringement
Offeror shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret,
trademark, or other intellectual property rights related to the offeror’s response to this RFP or services performed
upon contract award. Offeror’s obligation to indemnify any Indemnitee shall survive the completion, expiration,
or termination of offeror’s agreed-upon services for any reason.

O. Ownership Rights
DCSD shall retain ownership rights to the contents of all documents, supporting literature, and data submitted
by offerors to this RFP.

P. Non-Collusion
Upload this documentation under the Response Attachment tab via IonWave titled “NON-COLLUSION”
Offerors shall fully certify that they, as individuals or as officials of a 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 RFP. Further, offerors guarantee that their response is 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.

Q. Conflict of Interest
Upload this documentation under the Response Attachment tab via IonWave titled “Conflict of Interest”.
Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or agent who
also is a DCSD employee, agent, representative, contractor, immediate family member (spouse, child, sibling,
or parent or the spouse of a child, sibling or parent) or DeKalb County Board of Education member.

Offerors shall also disclose the name of any DCSD employee, agent, representative, contractor, immediate
family member or board member who owns, directly or indirectly, an interest in five percent or more in the
Revised RFP 26-732 Food Items and Distribution Services PAGE 17

Offeror’s company or any of its branches. In the event the Offeror was aware of a conflict of interest prior to the
award of the contract and did not disclose the conflict DCSD may, at its discretion, terminate the contract for
default.
The Offeror further agrees that, if after award, a conflict of interest is discovered, an immediate and full disclosure
in writing must be made to the DCSD Purchasing Department which must include a description of the action
which the Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is
determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their response
to this RFP is impartial, at arms-length, and free of any conflict of interest at this time, unfair advantage, or
personal benefit to any DCSD official.

R. Financial Stability
Upload this documentation under the Response Attachment tab via IonWave titled “FINANCIAL STATEMENTS”.

1. Offerors shall provide a copy of their company’s audited financial statements for the previous two
(2) years – 2023 and 2024. A certified audit is preferred however, an offeror’s 2023 and 2024 tax
returns and balance sheets will be accepted.
2. Indicate here if your company is publicly traded or not publicly traded:
My company is publicly traded. _____/
My company is not publicly traded. _____/
3. If your company is a publicly traded company, provide a copy of your company’s annual report for
the previous two (2) years – 2023 and 2024.
4. List all civil and criminal proceedings your company has been the subject of, or named a party in, and
provide the outcome of those proceedings. This list should include any lawsuits, administrative actions,
or litigation to which your company is currently a party or has been a party. Please explain the basis
for all claims, your response to those claims and state whether a settlement was reached, or a judgment
entered.
5. State whether your company, or any affiliate currently or previously associated with your company, has
ever filed a petition in bankruptcy, taken any actions with respect to insolvency, reorganization,
receivership, moratoriums or assignment for the benefit of creditors, or otherwise sought relief from
creditors.
6. State whether your company was the subject of any order, judgment or decree not subsequently
reversed, suspended or vacated by any court permanently enjoining your company from engaging in
any type of business practice.

S. No Obligation/No Award Guaranteed/Cost to Propose
This RFP does not commit DCSD to contract with any offeror to this RFP. There is no guarantee of any offeror
receiving an award or contract as a result of submitting a response to this RFP. The contract, if any, will be
awarded to the offeror whose proposal offers the best value to DCSD in meeting the required scope of work
described herein, if the appropriate funds are available and the contract is approved by the DeKalb County Board
of Education. No obligation or commitment is incurred by the DeKalb County Board of Education from the receipt
of any proposal, marketing materials, or presentations. There is no guarantee that any offeror will receive an
award as a result of submitting a proposal. Any/all costs incurred by the offeror in preparation and submission
of this proposal are the sole responsibility of the offeror. Expenses incurred by the offeror will not be reimbursed
by DCSD or become a reason for contracting with the offeror.

T. Confidentiality and Non-Disclosure
Information made available to offerors by DCSD shall be used only for purposes related to responding to this
RFP and shall not be used for any other purpose without the express written permission of DCSD.
Offerors to this RFP 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.
U. Business License
Upload this documentation under the Response Attachment tab via IonWave titled “BUSINESS LICENSE”.
Revised RFP 26-732 Food Items and Distribution Services PAGE 18

Offerors shall submit with their proposal, a copy of their valid company business license. If the offeror is a
Georgia corporation, offeror shall submit a valid county or city business license.
If the offeror is not a Georgia corporation, offeror 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 offeror holds a
professional certification which is licensed by the state of Georgia, offeror shall submit a copy of their valid
professional license. Any license submitted in response to this requirement shall be maintained by the offeror
for the duration of the contract.

V. Protest Process
This section describes the mandatory administrative procedure whereby Offerors submitting sealed
competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD for proposals worth $100,000 or
more may challenge the solicitation process, and whereby bidders/Offerors on sealed competitive bids directly
related to Vendor Services for proposals worth $100,000 or more, 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:
a) appropriate identification of the solicitation;
b) a statement of reasons for the protest;
c) supporting exhibits, evidence, or documents to substantiate any claims unless not available within
the filing time (in which case the Offeror must proceed to file the protest during the filing period
identified below but state the expected availability of the material); and the desired remedy.
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 Offeror must proceed to file the protest during the filing period
identified below but state the expected availability of the material); and the desired remedy.
DCSD, at its discretion, may deem issues not raised in the initial protest as waived with
prejudice by the protesting Offeror.
4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company
officer authorized to sign contracts on behalf of the Offeror, and is received by the Vendor Services.
The protest may be sent by any of the following means:
MAIL: Attention: Carla Smith, Executive Director
DeKalb County School District
Vendor Services
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083
Email: solicitationquestions@dekalbschoolsga.org

The Offeror must observe the following deadlines when filing a protest:
Revised RFP 26-732 Food Items and Distribution Services PAGE 19

Type of Protest Protest Filing Deadline
Challenge to Competitive Solicitation Two (2) business days prior to the closing
Process date and time of the solicitation as identified
on the Invitation to Bid.
Challenge to an Intended or Actual In the event DCSD posts a Notice of Intent to
Contract 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 facilities management 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 Vendor Services 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 Vendor Services Department shall review and issue a written decision on the protest within seven
(7) business days. 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.
Revised RFP 26-732 Food Items and Distribution Services PAGE 20

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.
Revised RFP 26-732 Food Items and Distribution Services PAGE 21

PART III
SCOPE OF WORK
A. Purpose

DeKalb County School District (DCSD) is requesting written proposals from experienced, highly
qualified and capable of providing Food Items and Distribution Services.

Awarded Offeror shall provide services in accordance with the specifications, requirements, and terms
and conditions stated herein. Services shall include all equipment, labor, materials, tools, specialized
equipment, supplies, trained personnel, insurance, travel and per diem, direct and indirect
administrative costs, overhead, any other charges, and all things and services necessary to provide a
complete turn-key solution based on the information contained in this RFP for Food Items and
Distribution Services in accordance with the requirements of this RFP.

DCSD reserves the right to add or remove DCSD facilities (schools, centers, and portable classrooms)
as needed.

DCSD reserves the right to make multiple awards and will be responsible for administration of this
contract.

B. Project Scope of Work

The purpose and intent of this Request for Proposal (RFP) is to establish a contract with a qualified food
service distributor to provide the delivery of a broad range of food products to support the nutritional
programs of the DeKalb County School District (DCSD). Products may include, but are not limited to, main
entrées, beverages, grocery and staple items for approximately 126 DCSD schools and related facilities.
DCSD seeks a distributor capable of providing reliable product availability, efficient delivery services, and
responsive customer support to meet the District’s operational needs.
Revised RFP 26-732 Food Items and Distribution Services PAGE 22

DEFINITIONS

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

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

CFR: Code of Federal Regulations

CN: Child Nutrition

Contract Documents: Consist of the Agreement between the School Nutrition Program and the Vendor,
terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued
prior to execution of the contract, other documents listed in the Agreement, and modifications issued after
execution of the contract.

EPA: Environmental Protection Agency

FNS: Food and Nutrition Services

F.O.B.: Freight on Board

HACCP: Hazard Analysis Critical Control Point

NSLP: National School Lunch Program

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

OMB: Office of Management and Budget

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

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

SBP: School Breakfast Program

SFA: School Food Authority or DCSD School Nutrition Services

SNP: School Nutrition Program

USDA: United States Department of Agriculture

U.S.C.: United States Code

Vendor: The provider of the goods and/or services under the Awarded Contract.
Revised RFP 26-732 Food Items and Distribution Services PAGE 23

STANDARD TERMS AND CONDITIONS

The signed and dated contract between the SFA and the Vendor shall be governed in accordance with the laws of the State of Georgia
and all applicable Federal regulations.

I. LOBBYING CERTIFICATE (for bids over $100k) 2 CFR Appendix II to Part 200 (I)

A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Byrd Anti-Lobbying
Amendment (31 U.S.C. 1352): Vendors that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 2 CFR Appendix II
to Part 200 (I) See and complete Attachment D.

II. DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k) 2 CFR Appendix II to Part 200 (H)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and/or
principals only. The serious nature of debarment and suspension requires that sanctions be imposed
only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose
debarment or suspension to protect the Government's interest and only for the causes and in accordance with the
procedures set forth in 2 CFR 200.213.
The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been debarred, suspended, or
declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2
CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders 12549 and 12689, 2 CFR part 180.
These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended,
or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will
immediately notify the School Food Authority if Vendor is debarred or placed on the Consolidated List of Debarred,
Suspended, and Ineligible Vendors by a federal entity.
By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or has any ineligible
or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency.
All responses will be verified. Debarment and Suspension (Executive Orders 12549 and 12689): A contract
award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. See Attachment E

III. BUY AMERICAN STATEMENT (Food only) (7 CFR Part 210.21(d))

Vendor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American
Act:7 CFR 210.21(d)) which requires schools and institutions participating in the National School Lunch
Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the
maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and
SBP.

Buy American:
Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:

(i) An agricultural commodity that is produced in the United States; and

(ii) A food product that is processed in the United States substantially using agricultural
commodities that are produced in the United States. Substantial means over 51% of the
final processed product consists of agricultural commodities that were grown domestically.
Revised RFP 26-732 Food Items and Distribution Services PAGE 24

Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands
are allowed under this provision as territories of the United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing
commercial food products served in the school meals programs and when considering limited exceptions to the Buy American
provision-USDA Memo SP 38-2017; SP 23-2024. Exceptions to the Buy American provision are very limited; however, an alternative or
exception may be approved by the SFA upon request. To be considered for an alternative or exception, the request must be submitted
in writing to the SFA, a minimum of 5 weekdays in advance of delivery. The request must include:

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

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

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

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

(a) Price of the domestic food product; and

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

articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the

U.S. in sufficient and reasonably available quantities of a satisfactory quality.
Notification of non-domestic food purchases provided by the vendor is necessary to assist the SFA with ensuring that the annual cost
of non-domestic food purchases acquired with School Nutrition Program funds does not exceed the caps established as applicable to
the contract and optional renewals.

By signing this document, the vendor certifies that all domestically identified products listed within the response to the attached
specifications were processed in the U.S. and contain over 51% of their agricultural food components, by weight or volume, from the
U.S. Any response listing a non-domestic product will include a valid resource to verify that the non-domestic good is not produced or
manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.

DOMESTIC PREFERENCE FOR GOODS AND MATERIALS (Applicable to non-food only) 2 CFR 200.322, 2 CFR Appendix II to
Part 200 (L)

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

For purposes of this section:

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

(2) “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous
metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such
as concrete; glass, including optical fiber; and lumber.
Revised RFP 26-732 Food Items and Distribution Services PAGE 25

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

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT [2 CFR Appendix II to Part 200 (B)]

All contracts in excess of $10,000 must address termination for cause and for convenience by the recipient and/or subrecipient
including the manner by which it will be affected and the basis for settlement:

(a) Termination for Cause. The SFA may terminate this contract, or any part hereof, for cause in the event of any
default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
provide the SFA, upon request, with adequate assurances of future performance. The SFA shall provide the
Contractor with a written notice thirty (30) days prior to the contract termination date, outlining the reasons for
the termination and specifying the remedies the SFA intends to pursue. In the event of termination for cause,
the SFA shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the SFA for any and all rights and remedies provided by law. The Contract or may
also terminate this contract under the same set of aforementioned conditions.

The occurrence of any one or more of the following events shall constitute cause for the SFA to declare the
Vendor in default of its obligation under the Contract:

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

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

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

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

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

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

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

(viii) Immediate Termination. This contract will terminate immediately and absolutely if the SFA determines that
adequate funds are not appropriated or granted or funds are de-appropriated such that the SFA cannot fulfill its obligations under the
Contract, which determination is at the SFA’s sole discretion and shall be conclusive. Following thirty (30) days’ written notice, the SFA
may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Vendor.
Following termination upon notice, the Vendor shall be entitled to compensation, upon submission of invoices and proper proof of
claim, for goods and services provided under the Contract to the SFA up to and including date of termination. Further, the SFA may
terminate the Contract for any one or more of the following reasons effective immediately without advance notice:
Revised RFP 26-732 Food Items and Distribution Services PAGE 26

1. In the event the Vendor is required to be certified or licensed as a condition precedent to
providing goods and services, the revocation or loss of such license or certification may result
in immediate termination
of the Contract effective as of the date on which the license or certification is no longer in
effect;

2. The SFA determines that the actions, or failure to act, of the Vendor, its agents, employees
or sub vendors have caused, or reasonably could cause, life, health or safety to be
jeopardized;
3. The Vendor fails to comply with confidentiality laws or provisions;
4. The Vendor furnished any statement, representation, or certification in connection with the
Contract
or the bidding process, which is materially false, deceptive, incorrect, or incomplete; and/or
5. The Vendor or SFA commits a material breach of this Contract.

(b) Termination for Convenience. The SFA may terminate this contract for any reason, provided that the SFA
shall be required to provide the Contractor with a prior sixty (60) days’ written notice of the effective date of
such termination (the “Termination for Convenience Date”). The Contractor may also terminate this contract
under the same set of aforementioned conditions. The contractor will be compensated for work performed and
costs incurred up to the date of termination, as well as any charges that directly result from the terminatio n.

(c) Notice of Default. If there is a default event caused by the Vendor, the SFA shall provide written notice to the
Vendor

requesting that the breach or noncompliance be remedied within the period of time specified in the SFA’s
written notice to the Vendor. If the breach or noncompliance is not remedied within the period of time specified
in the written notice, the SFA may:

(i) Immediately terminate the Contract without additional written notice; and/or
(ii) Procure substitute goods or services from another source and charge the difference between the
Contract
and the substitute contract to the defaulting Vendor, and/or,
(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

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

(i) The SFA’s authorization to operate is withdrawn or there is a material alternation in the programs
administered by the SFA; and/or
(ii) The SFA’s duties are substantially modified.

(e) Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the SFA,
the SFA shall pay only those amounts, if any, due and owing to the Vendor for goods and services actually rendered up to
and including the date of termination of the Contract and for which the SFA is obligated to pay pursuant to the Contract or
Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s claim. This
provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall
not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup
costs, overhead or other costs associated with the performance of the Contract.
Revised RFP 26-732 Food Items and Distribution Services PAGE 27

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

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and
minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing
the status of all work under the Contract, including, without limitation, results accomplished, conclusions
resulting there from, and any other matters the SFA may require;
(ii) Immediately cease using and return to the SFA, any personal property or materials,
whether tangible or intangible, provided by the SFA to the Vendor;
(iii) Comply with the SFA’s instructions for the timely transfer of any active files and work product by the Vendor
under the
Contract;
(iv) Cooperate in good faith with the SFA, its employees, agents, and vendors during the transition period
between the notification of termination and the substitution of any replacement vendor;
(v) Immediately return to the SFA any payments made by the SFA for goods and
services that were not delivered or rendered by the Vendor; and

Understand that all supplemental contracts, purchase orders, and/or orders for goods or services issued
by the SFA and accepted by the vendor shall survive the expiration or termination of this contract.

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the SFA to provide maximum practicable opportunities in its solicitations to minority firms, women's business
enterprises, labor surplus area firms and veteran-owned businesses.
Small businesses, women and minority-owned business sources, labor surplus area firms and veteran-owned businesses will
not be given unfair advantage when evaluating competitive purchases i.e., simplified acquisition purchases, sealed bids,
proposals, or noncompetitive procurement (2 CFR 200.321).
When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business
enterprises, veteran-owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as
set forth below. Such consideration means:

(1) These business types are included on solicitation lists;
(2) These business types are solicited whenever they are deemed eligible as potential sources;
(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;
(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month)
that encourage participation by these business types;
(5) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
(6) Requiring a contractor under a Federal award to apply this section to subcontracts.(2 CFR 200.321)

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k) [2 CFR Appendix
II to Part 200 (C)]

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from
discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of
discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech
disabilities may contact USDA through the Federal Relay Service at (800) 877 -8339; or (800) 845-6136
(Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office
Revised RFP 26-732 Food Items and Distribution Services PAGE 28

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

VII. 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).

VIII. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $150k) [2 CFR Appendix II to Part 200 (G)]

The vendor shall comply with all applicable standards, orders, or requirements of the Clean Air Act (42 U.S.C.
7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, per 2 CFR
Appendix II to Part 200 (G): Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).

IX. RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records and documents in accordance with generally accepted accounting
principles and procedures and which sufficiently and properly document and calculate all charges billed to the
SFA ,throughout the term of the Contract for a period of at least five (5) years following the date of final
payment or completion of any required audit, whichever is later. Records to be maintained include both financial
records and service records. The Vendor shall permit the Auditor of the State of Georgia or any authorized
representative of the School Food Authority, and where federal funds are

involved, the Comptroller General of the United States, or any other authorized representative of the United
States government, to access and examine, audit, excerpt and transcribe any directly pertinent books,
documents, papers, electronic or optically stored and created records or other records of the Vendor relating to
orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such
records
may be located during normal business hours. The Vendor shall not impose a charge for audit or
examination of the Vendor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the
SFA’s Board of Education reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement.
Evidence of criminal conduct will be turned over to the proper authorities.

XII. CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses
School Nutrition Program funds including award, administration of contracts, and receipt of products. No
employee, officer, or agent of

the SFA shall participate in selection or in award or administration of a contract supported by the School
Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when
one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;
• Any member of his/her immediate family;
• His or her partner;
• An organization which employs or is about to employ one of the above.

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of
monetary value from vendors or parties to sub-agreements; and the purchase of any food or service from a
Revised RFP 26-732 Food Items and Distribution Services PAGE 29

vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such
as records, recipe books, supplies and the like is

prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between
the Board of Education and an outside agency. Individual sales by any school person to an outside agency or
other school person is prohibited. Failure of any employee, officer, or agent to abide by the above states code
could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by
contacting the School Nutrition Department.

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

XIII. DUTY TO EXAMINE

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

XIV. EXCEPTIONS TO TERMS AND CONDITIONS

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

XV. VELOCITY REPORT (where applicable)

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

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

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

XVII. INTERNAL CONTROLS 2 CFR 200.303

Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable
information (PII) and other types of information. This also includes information the Federal agency or pass-through entity
designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable
Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.
Revised RFP 26-732 Food Items and Distribution Services PAGE 30

SPECIAL TERMS AND CONDITIONS

I. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment)
The SFA expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their
manufacturers. Prior to awarding the bid, the SFA may require documentation verifying that a written HACCP plan is
followed.

The successful Bidder(s) must have Hazard Analysis Critical Control Point (HACCP) plan on file for
recall/hold control procedures including but not limited to:
• traceability systems in place from receipt of commodity product(s) to delivery of processed items to
designated delivery site(s).
• provision of 24/7 accessibility to successful Bidder(s) staff in the event of a food/USDA Hold/Recall.
• public notification capability on website to provide updates on food/USDA Hold and Recall data for
customers.

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

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

II. PROPRIETARY INFORMATION

If a Bidder submits any document with the bid that is considered to be proprietary in nature or is considered to
be a trade secret, the Bidder shall notify the school district that the documents are included in the bid. The
school district will honor the request unless or until a competing Bidder asks to have access to the
information. In such case, the school district will notify the affected Bidder that a challenge has been made. If
the affected Bidder can produce a court issued restraining order within ten calendar days subsequent to the
notification, the information will remain confidential and shall not be released pending subsequent court
action. If the restraining order is not received within the ten working day period, the information will be
released, and the school district shall not be held liable.

III. TRADE NAME, LABELS AND OTHER REQUESTS (Where applicable)

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

b) Nutrition data must be provided on all fresh, frozen, and canned meats, grains, combination foods,
fruits, and vegetables. Nutrition Data (Upload Required).

a) In the event of loss of state or federal funds due to Bidder(s) failure to meet CN Label/Product Analysis
requirements, the Bidder(s) shall reimburse losses to SFA.

IV. PRICING INFORMATION AND METHOD OF PAYMENT

a) Prices: All prices offered shall be firm against any increase for 180 90 days from the date of the contract
award. Subsequently, the SFA may entertain a request for escalation/de-escalation on an annual basis.
These price adjustments must be based on changes in market conditions and verified in accordance with the
most recent publication from a valid third party.
Revised RFP 26-732 Food Items and Distribution Services PAGE 31

See examples below:
• USDA Agricultural Marketing Service (AMS) Report,

• Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, as
published by the

U.S. Department of Labor, Bureau of Labor Statistics,
• Class I raw milk prices based on monthly USDA Federal Milk Order announcements for the
applicable geographical zone (may wish to include additional stipulations for milk within this clause),
• And/or other valid third party.)

Request for price increases and/or decreases must be submitted to the SFA 45 days prior to taking effect. The
aforementioned third-party publication/documentation must accompany requested price increases. Vendor will be allowed to
request price changes on a quarterly basis.

The SFA reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or
denial. If price increases escalate above 5% per the awarded price of each product, the SFA reserves the right to
provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired,
based on specifications. This clause also obligates vendor to provide price decreases from de-escalation on the same terms.

If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented
economic instability, that are beyond the control of either the SFA or the vendor, a fixed fee price adjustment can also be
increased up to 5% on a 6 months basis. This fixed fee price increase must be verified by the current applicable CPI,
such as the monthly CPI motor fuel index for times when fuel prices unexpectedly increase rapidly.
The publication/documentation must accompany associated requested price increases.

b) The successful Bidder warrants that the bid price(s), terms, and conditions stated in the bid shall be firm through the bid
process and until the time the award is made at which time prices shall remain firm and fixed for the contract period and in
accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the
attached sheet. Separate fuel charges will not be added to invoices.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) The SFA will make payment within thirty (30) days of receipt of the invoice for properly received
goods and services after inspection and acceptance of the product by the SFA. Advance billings are not allowed. When
partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days
under the conditions as above.

f) Invoicing

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

1. Delivery location and date of delivery

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

5. Signature of acceptance

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

SFA School Nutrition Director or designee
Revised RFP 26-732 Food Items and Distribution Services PAGE 32

V. METHOD OF SHIPMENT/ORDERS & DELIVERY INFORMATION

a) Orders and deliveries: Orders and deliveries shall be supplied by the vendor as requested and specified
except during an emergency and on holidays. No partial deliveries will be accepted. Inspection: Upon
delivery of product(s), the item(s) will be inspected by the facility, and if found to be defective or failing in
any way to meet specifications as indicated, the

b) item(s) may be rejected or returned. Problems found with products due to concealed damage will be
addressed on a case-by-case basis. Rejected product(s) must be picked up immediately.

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

d) All orders are to be delivered Freight on Board (F.O.B) to addresses as indicated on Attachment C.

e) In an emergency situation in which the SFA requires delivery in less than 2 days and the vendor cannot
provide the goods within the emergency delivery period, the SFA has the option to purchase those goods
from another source with no penalty to either party.

f) The SFA may have an occasional opportunity to purchase a limited amount of local fresh produce and
reserves the right to do so for special occasions (such as Farm to School, Harvest of the Month, and other
applicable School Nutrition educational opportunities).

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

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

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

The Three Strikes Rule: (if applicable and warranted)

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

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

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

VI. EQUIVALENT/ALTERNATE PRODUCTS
Revised RFP 26-732 Food Items and Distribution Services PAGE 33

Equivalent/alternate products must be bid on items where a brand name or equal is specified, provided the
quality, grade and/or performance of the proposed meets or exceeds the specifications as indicated within the bid
specifications for each item. Samples of alternate/equivalent products shall be provided upon request as
indicated below.

The following should be provided with the bid documents for all alternate/equivalent items bid:

1. Product identification, including manufacturer and/or distributor’s name and number, brand name,
product code, product label, quantity per case, case weight and item number.

2. Manufacturer’s product literature/specifications, including but not limited to product description,
ingredients, nutritional analysis, packaging wrap and/or product label.

3. Product has been personally investigated and determined that it is equal or superior in all respects
to
that specified.

4. Vendor will provide the same guarantee for the equivalent/alternate item as they would for specified
product indicated in the bid documents.

VII. SUBSTITUTION CLAUSE (where applicable)

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

VIII. AMENDMENTS AND MODIFICATIONS OF CONTRACT

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

IX. ASSIGNMENT

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

X. INDEPENDENT VENDOR AND INDEMNITY

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

XI. FORCE MAJEURE

If the SFA, in its reasonable discretion, determines that the Force Majeure Event is likely to delay Vendor’s performance for
more than thirty (30) days, the SFA reserves the right to cancel the agreement between the parties. In that event, neither
Revised RFP 26-732 Food Items and Distribution Services PAGE 34

party shall have any further liability to the other, subject only to the SFA's obligation to pay the Vendor for work already
completed by the Vendor and the Vendor’s warranty for work already completed.

XII. WARRANTY

Successful Bidder shall fully warrant all products furnished under the terms of this contract, against poor and
inferior quality. Time is of the essence of this contract. While under warranty, successful Bidder shall replace any
damaged or inferior product in a timely manner to minimize the disruption of the SFA's operations.

XIII. GIFTS AND GRATUITIES

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

SAMPLES

Samples shall not be submitted unless expressly requested by the School Nutrition department.

Samples, if required, may be requested on any or all products. If samples are requested from bidder, they should
provide one case of each product quoted along with product’s handling and preparation instructions, nutritional
and child nutrition crediting information.

If samples are requested, the vendor must provide one (1) case of each product requested, at no cost to DCSD.
All samples must be labelled with item number and product description.

Vendors who do not provide samples within the required timeframe may be considered non -responsive.

All samples requested must be delivered to the following within ten (10) business days of request:

DSCD School Nutrition Services

Attention: Mr. Hilliard Creath

1780 Montreal Road

Tucker, GA 30084

XIV. SEVERABILITY

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

XV. WAIVER AND REJECTION RIGHTS

Notwithstanding any other provisions of the solicitation, the school district reserves the right to:
• Waive any immaterial defect or informality;
• Reject any and all offers or portions thereof; or
• Cancel a solicitation.
Revised RFP 26-732 Food Items and Distribution Services PAGE 35

XVI. RELEASE FROM CONTRACT

In the event the market for a product covered by this request escalates to a point that the vendor is delivering
product at less than cost, the vendor may petition for release from the contract. The petition shall be supported by
a third-party market bulletin. The decision to release the vendor from the contract will be based on the difference
between the market at the time of public acknowledgement and the current market for this item.

XVII. PIGGYBACKING CLAUSE

The vendor agrees to allow the SFA and the following school districts to have the same terms, cost, and conditions as
this solicitation, during the time that this solicitation is in effect. SFAs may order items in quantities of one or more.

Any liability created by purchase orders issued against this agreement shall be the sole responsibility of the SFA
placing the order. Prices and terms shall remain firm and in effect from the award of this solicitation, unless
otherwise specified.

XVIII. FOOD RECALLS AND BIOSECURITY

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. The SFA will provide the vendor with a contact person and a backup person’s
contact information by completing the chart below. Food recall procedures can be found in 7 CFR 250.

Food Recall Contact Information:

Company (Vendor) Name

Contact Name

Phone Number(s)

E-mail address

Back-Up Contact Name

Phone Number(s)

E-mail address
Revised RFP 26-732 Food Items and Distribution Services PAGE 36

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.

XIX. CONTRACT WORK HOURS/SAFETY STANDARDS ACT (2 CFR Appendix II to Part 200 (E)) (where
applicable)

The vendor shall comply with 2 CFR Appendix II to Part 200 (E) of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work more than the standard work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked more than 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.

XX. DAVIS BACON ACT (for construction contracts in excess of $2,000) [2 CFR Appendix II to Part 200 (D)] (if
applicable)

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, vendors must be required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, vendors
must be required to pay wages not less than once a week. The recipient and/or subrecipient must place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination. The recipient and/or
subrecipient must report all suspected or reported violations to the Federal agency.

The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Vendors and Sub vendors on Public Building or Public
Revised RFP 26-732 Food Items and Distribution Services PAGE 37

Work Financed in Whole or in Part by Loans or Grants from the United States”).The Act provides that each vendor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The recipient and/or
subrecipient must report all suspected or reported violations to the Federal agency.

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

If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and
the recipient or sub-recipient 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
sub-recipient 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.

XXII. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323, 2 CFR Appendix II to Part 200 (J)) (if
applicable)
An SFA and its vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.

The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase,
acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content,
are biobased, or are energy and water efficient; and are sustainable. This may include purchasing
compostable items and other products and services that reduce the use of single -use plastic products. See
Executive Order 14057, section 101, Policy.

XXIII. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (2 CFR 200.2016, 2 CFR Appendix II to Part 200 (K)) (if applicable)

Contractors and subcontractors are prohibited from using federal funds to enter into, extend or renew contracts
for covered equipment, services, or systems that use covered telecommunications as a substantial or essential
component of any system or critical technology as part of any system.

XXIV. CIVIL RIGHTS STATEMENT AND ASSURANCE

See Appendix A.
Revised RFP 26-732 Food Items and Distribution Services PAGE 38

FOOD ITEMS AND DISTRIBUTION SERVICES SPECIFICATIONS

IMPLEMENTATION

Vendor is required to submit an implementation plan to include but not limited to:

Go-Live and Service Plan
1. Provide a high-level timeline from award through first deliveries to DCSD Schools (major
milestones only).
2. Summarize your initial service plan for DCSD, including which warehouse(s) will be used,
general route design, and the expected mix of live versus night-drop/key-drop deliveries.
Systems, Data, and Order Guides
3. Briefly describe how you will set up DCSD item files and order guides (including Cost
Proposal table items and USDA Foods commercial equivalents) and validate pricing.
4. Summarize how you will connect your ordering system with DCSD’s current platform and how
any issues will be resolved prior to go-live.

Training and Support
5. Outline your training plan for DCSD school and central staff (formats, timing, and key topics
such as ordering, delivery expectations, and how to report issues).
6. Identify ongoing support resources (account management, customer service, technical
support).
Onboarding Additional School District/Participants
7. Describe your typical steps and timeline to onboard new school districts/participants under
this contract, and how you will ensure that adding new participants does not degrade service
to DCSD.
Risk Management and Contingency
8. Identify the main implementation risks you foresee (e.g., technology integration, staffing,
supply chain) and summarize your mitigation strategies.
9. Describe how you will handle any missed implementation milestones (e.g., phased go-live,
supplemental staffing, temporary alternate delivery plans).

Note: DCSD is seeking a clear, practical implementation approach, not a lengthy narrative. Respondents
may answer succinctly and provide existing implementation documents as attachments where appropriate.

ORDERING PROCESS
DCSD utilizes a K-12 software program for receiving and transmitting e-orders. Currently, the district is
using Primero Edge.
1. Explain how the distributor’s system will interface with the software.
2. Explain your firm’s ability to receive orders electronically.
3. Explain what technical assistance is available when questions or issues arise.
4. Explain in detail your firm’s ordering process and associated lead times for limited time offer’s
(LTO’s)/special promotions.
5. Explain procedures for finalizing orders for delivery.
6. Explain order changes and re-deliveries.

Awarded distributor must provide dedicated customer service representative(s) as a liaison to assist orders,
deliveries, credit requests and/or product concerns.

Distributor must be able to provide account services to other district affiliation departments and
organizations for purchasing commercial food products at contracted pricing.
Revised RFP 26-732 Food Items and Distribution Services PAGE 39

DISTRIBUTOR’S INVENTORY MANAGEMENT PLAN
The distributor should address the following key components of its organization inventory management
plan:
1. Strategy to avoid out of stock inventory.
2. Strategy to avoid excessive inventories/compromised product integrity.
3. Describe product shortage procedures.
4. Describe product substitution procedures.
5. Describe product addition procedure and cost determination.

DELIVERIES

INSIDE DELIVERY REQUIRED. There will be no key drop deliveries.

The awarded vendor must submit a final delivery schedule to DeKalb County School Nutrition Services upon
notification from School Nutrition personnel noting the day of the week deliveries will be made.

All approximately 126 DCSD sites will be submitting weekly food orders. All orders are to be delivered Freight
on Board (F.O.B) to approximately 126 DCSD addresses. Deliveries shall be made to each school on a weekly
basis, Monday through Friday between 6:30 AM and 2:30 PM.

1. Distributor must propose a delivery schedule. DCSD is amenable to accept deliveries on multiple
days of the week. (5-10 potential locations may require dual deliveries per week.)

The distributor must establish and maintain a regular delivery schedule so that cafeteria
managers will know when to expect delivery. If all products cannot be delivered by the vendor in
the required delivery week, the vendor shall notify the DeKalb County School Nutrition Services
(SNS) and specify the name of school/schools, product/products and quantities not delivered.

In the event of a major mechanical malfunction or issue at a school, the distributor may be asked
to deliver all or part of the items on a school’s order to DSCD warehouse located at 1780
Montreal Road, Tucker, GA 30084; or another school location within the district.

When DCSD cannot receive deliveries due to school closure such as holiday, teacher workday,
inclement weather or an emergency situation on a scheduled delivery day, alternate delivery
schedule must be communicated to DSCD.

2. Explain how the distributor will alter the delivery schedule due to school holidays, school
closings, or emergency situations.

3. Describe how your firm will respond to the District’s need for same day or immediate delivery
when needed on occasion.

Any shortages must be communicated with SNS representative before scheduled deliveries. An established
timetable for delivery must be immediately developed for shorted product if product cannot be delivered within
five (5) business days due to manufacturer issues. DCSD reserves the right to request a special delivery of
shorted product or approved substitutions before the five (5) business days, if shortage will cause major issues
in menu planning and serving requirements. In an emergency situation in which the SNS requires delivery in
less than 2 days, and the vendor cannot provide the goods within the emergency delivery period, the School
Nutrition Program has the option to purchase those goods from another source with no penalty to either party.

DeKalb County SNS may request an off-day delivery. Deliveries of shorted products are not considered an off-
day delivery.

Summer School deliveries could be multiple deliveries through June and July. The Summer School delivery
schedule will be a coordinated effort.
Revised RFP 26-732 Food Items and Distribution Services PAGE 40

Due to safety concerns, SNS Managers and their staff are required to keep all outside doors locked. Doors
must not be propped during deliveries.

Delivery of product(s) must be made in a well-maintained refrigerated truck. All delivery trucks must be clean,
sanitary and free from dirt and debris. The distributor’s delivery trucks must have temperature logs when
transporting freezer/refrigerated products to DCSD schools. Copy of a specific delivery route’s temperature log
may be requested if an issue occurs. Under no circumstances may a delivery be left outside the building.
Delivery personnel must put products in cooler, stock room or freezer as directed by manager or authorized
representative.

All frozen foods must be delivered to the schools in a completely frozen state. Frozen products must not show
evidence of defrosting, refreezing, or freezer deterioration. The awarded vendor will be required to submit its
most recent Sanitation Audit Scores each school fiscal year no later than July 1 start date.

All products will be inspected by the School Nutrition Manager, School Nutrition Assistant Manager or School
Nutrition Assistant when delivered. Products will be checked for temperature compliance, damage, leakage or
other deviations. Products determined to be damaged, contaminated, unsound, or not meeting specifications
will not be accepted and must be replaced immediately at the distributor’s expense. All products will be
referenced against the invoice before the invoice is signed for at the school by an authorized representative. In
the event the School Nutrition Manager, School Nutrition Assistant Manager or School Nutrition Assistant
cannot inspect the food order at the point of delivery, the distributor will allow twenty-four (24) hours from
actual delivery for the manager to inspect the delivery and report any discrepancies.

1. Describe the delivery process from the time the delivery driver reaches the designated location
until the time delivery is completed.
2. Describe how post-delivery discrepancies are handled.
3. Describe safety and security procedures that are in place at the distribution center and in the
transportation of products to protect the food supply.

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

DELIVERY OF COMMODITY PROCESSED END PRODUCT
It is the distributor’s responsibility to ensure that the manufacturer processing USDA commodity foods has
an approved processing agreement, an approved Summary End Product Data Schedule (SEPDS) and are
approved for Net Off Invoice (NOI) with the Georgia School Nutrition Program (GSNP).
NOI Requirements:
1. Processor has approved SEPDS with GSNP
2. FNS has a positive inventory “on the books” or “in the bank”
3. Distributor must sell at a net price + distributor fees
4. Poultry Processors with Substitution Approval
5. Fully Substitutable Commodities
6. Identical Commodity/Commercial Products
7. Processor sells to distributor at gross price
8. Distributor sells product to any customer
9. Sales verification
a. Processor responsible to conduct FNS sales verification
b. FNS responsible to confirm receipt of NOI product AND commodity value

FNS takes title of product once the distributor delivers product.

Distributor invoices FNS the net price. The invoice must identify the gross case price and on a separate line
the value of the donated food(s) per case.
Revised RFP 26-732 Food Items and Distribution Services PAGE 41

Distributor must have the technology in place to meet the reporting requirements of the processors for NOI
commodity processed items, K12 Foodservice or Processor Link.

VENDOR CONTIGENCY PROCEDURES
1. Describe your contingency procedures when a primary warehouse is temporarily unable to
fulfill orders (e.g., power loss, equipment failure, labor shortage, severe weather).
2. How will orders be re-allocated across warehouses or routes?
3. What is the communication plan to DCSD central office and individual schools when such
contingencies occur?

ACCOUNTING PROCEDURES
The distributor explains how its organization will meet the specifications outlined in the RFP, including but
not limited to the items listed below.
1. What circumstances would warrant a refund or credit?
2. Explain how refunds and credits appear in your billing system?
3. Are there any conditions when you would not honor a return or replacement request? Explain
your answer.
4. Explain the paper trail from point of delivery to invoicing and billing.

REBATES & REPORTS
All products processed with USDA Commodities, eligible for rebates, must have prior approval by the State
Department of Education, Food Distribution Section, or a National Commodity Contract. The Georgia
Department of Education has approved the Value Pass Through (Net Off Invoice) system and awarded
Distributor must be capable of participating.

The awarded distributor must submit monthly velocity reports to DeKalb County School Nutrition that show
the totals purchased for commodity rebates.
1. Explain what type, format, and frequency of velocity reports your organization provides,
include examples.
When manufacturer rebates are offered or information is needed for a specific manufacturer, explain how
your organization will communicate this information to DeKalb County SNS (include example).
2. Distributor must provide usage reports by specific manufacturer, specific time frame
and/or by manufacturer’s requirement.
3. Provide examples of reports that are available for reconciliation of payments and credits.
4. Provide a monthly Non-Domestic Purchase Report detailing all items acquired that do not
comply with Buy American provisions.
USDA value is an expense to our program and will be taken into consideration with the distributors’ quote
when calculating the base value cost. The Georgia Department of Education has approved the Value Pass
Through (Net Off Invoice) system, and the awarded Distributor must be capable of participating.

EXPIRATION & DAMAGES REPORTS
The awarded Distributor shall maintain records of all damaged products and expired or short-dated items
delivered to DCSD schools, including damaged canned goods and damaged cases/cartons, and shall
provide DCSD with a summary report of such incidents at least monthly in an electronic format. The report
shall identify, at a minimum, the school/site, invoice or PO number, item description and numbers
(manufacturer and distributor), quantity affected, expiration/best-by date, nature of the damage, and the
credit or replacement action taken. DCSD reserves the right to refuse, require pickup, and/or require credit
for any product delivered in damaged condition or with insufficient remaining shelf life.

Distributor shall ensure that no products, including USDA Foods and commercial items, are delivered to
DCSD past the manufacturer’s labeled product end date (e.g., expiration, use-by, best-if-used-by).
Products must be delivered with sufficient remaining shelf life to allow DCSD schools a reasonable
opportunity to store and use them before such dates, consistent with USDA and Georgia Department of
Revised RFP 26-732 Food Items and Distribution Services PAGE 42

Education guidance. The Distributor shall monitor product dating for all DCSD inventory and, upon request,
provide DCSD with documentation of product end dates and any short-dated items identified and removed
or credited.

DISTRIBUTOR PERFORMANCE & STOCKING REPORTS
Provide monthly performance reports, including fill rates and fill are formula calculation, substitution rate,
on-time deliveries, and any other performance metric indicating the performance of the Winning
Distributor(s).

Stocking report, including all products currently being stocked at a given distribution location.

MARKETING OF PRODUCTS
All marketing materials and promotions used in any DCSD schools must be approved by SNS Executive
Director or authorized representative prior to shipment and/or use. Failure to meet this requirement can
result in termination of the contract. Distributors are advised to provide samples and descriptions of
available marketing materials and promotions for their products to the authorized representative.
Distributors are advised to provide samples and a description of available marketing materials and
promotions for their products to DeKalb County SNS authorized representatives.

• Describe marketing strategies distributor will provide to increase student participation and
enhance menus (include examples).

• Explain how distributor will present information to DCSD concerning opportunity buys and
special food buys (include examples).

BILLING
At the time of delivery to the schools, two copies of the distributor’s numbered invoice shall be left with the
SNS Manager. All invoices must be fully itemized, showing unit and extended cost as well as any discount
associated with the item. The copies left with the SNS Manager cannot be changed. The distributor shall
post its record to agree with the signed invoice left with the SNS Manager. The signed invoice will be
considered the official invoice for payment purposes. Advance billings are not allowed. Where partial
delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30)
days under conditions as above.

Invoicing

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

1. Delivery location and date of delivery
2. Item description and cost
3. Extended cost for total quantity purchased
4. Total cost of all products purchased

In the event of a major mechanical malfunction or issue at a school, the distributor may be asked to deliver
all or part of the items on a school’s order to another school location within the district. The invoice must
reflect both the delivery location and the original school that was invoiced.

In the event of errors, a credit or debit (as the case may be) is to be issued against the invoice that was
presented to the SNS Manager.

1. The credit or debit shall show the original invoice number, the date and the error being
corrected on the face of said credit or debit.
Revised RFP 26-732 Food Items and Distribution Services PAGE 43

2. One (1) copy of the credit or debit shall be sent to the School Nutrition Services Finance Team
by e-mail or posted on the distributor’s ordering system.

3. Monthly statements showing invoice numbers and amounts shall be submitted for each school
to the School Nutrition Services Finance Team, located at Sam A. Moss Service Center, 1780
Montreal Road, Tucker, Georgia 30084.

4. Payment will be made by the DeKalb County Board of Education within thirty (30) days of
receipt of the invoice for properly received goods and services after inspection and acceptance
of the product by the School Nutrition Managers and approval to pay rece ived from the School
Nutrition Services.

C. Brochures, Catalogs, Manuals, Websites, Literature
In addition to the formal response to this RFP, all offerors are encouraged to submit brochures, catalogs,
manuals, website materials, industry literature, and any other marketing and informational media which will
support and enhance their submission value.

D. Added Value
Offerors are encouraged to describe in detail all added value or additional services or benefits available
and offered at no cost to DCSD in their RFP responses. Attach and label as “ADDED VALUE.”

Value-Added Technology, Solutions, and Support:

Clearly describe any additional beyond the core requirements that improve the efficiency, effectiveness,
and compliance of DCSD’s School Nutrition Program capabilities.

E. Technical Proposal

DCSD advertises this RFP as an opportunity for interested and qualified firms specializing in providing food
items and distribution services to submit responses consistent with the scope of work stated herein.
Respondents to this RFP are encouraged to submit their most comprehensive, innovative and creative
proposals for services for DCSD.

DCSD may, at its sole discretion, select or reject all or portions of the service(s) proposed from responsive
offerors. As a part of the evaluation process, DCSD may find it necessary to evaluate the addition or
deletion of components of an offeror’s proposal in order to make equivalent comparisons to other proposals.
DCSD will select the offeror whose proposal DCSD determines best meets the needs of DCSD, based on
the requirements and evaluation criteria set forth herein.
The determination of the successful proposal will be based upon information supplied by the offeror in the
RFP response and upon other information that will be obtained by DCSD as it deems necessary. Proposal
conformance to RFP instructions, terms, conditions, and requirements is critical to offeror responsiveness.

The lowest-cost proposal submitted may not necessarily be determined to be the most responsive and
responsible proposal when all factors have been considered. However, the quoted price is an important
factor in the determination of the selected proposal.
Revised RFP 26-732 Food Items and Distribution Services PAGE 44

Technical Proposals shall include the following:

Compliance Information

Firms must meet minimum criteria as specified to receive further consideration. This is a
compliance section and carries no evaluation points. Proposals shall include the following:

The submitting company must be licensed by the State of Georgia or otherwise duly licensed
in such a manner as to be able to provide all services specified in this RFP in Georgia and all
documents must be in the name of the submitting company.

All employees of the submitting company that are assigned to this project must be either
licensed by the State of Georgia or, if licensed by another state, authorized by Georgia to
provide the licensed services in Georgia. Company must submit copies of all employees’
licenses that will be assigned to this project.

Litigation Information: Identify and briefly discuss any instances in the past five (5) years
where your contract was terminated, with or without cause. Provide Owner name, project
name and Owner Project Representative Name and Number. For joint ventures responding
to this RFP, provide the above information as it pertains to the joint venture and for each
partner or entity creating said joint venture. If there is no failure or failures to complete a
contract, please include a statement that the Firm has never failed to complete a
contract or contracts or have defaulted or have been declared in default on any
contract.

Identify any legal actions that have been filed against your company for services rendered in
connection with in the past (5) years. Provide a brief explanation for each occurrence and
the outcome/disposition. If there have been no legal actions filed against your company,
please include a statement that the Company has not had any legal actions filed
against them in the past five (5) years.

Evaluation Criteria

An Evaluation Committee will evaluate the proposals using the following criteria:

1. Firm’s Overview (10 Points)

a. Provide a full and complete company profile to include, but not limited to Firm’s name,
address, headquarters and or branch office handling this project, as well as primary
contact name, title, related telephone/fax numbers and email address.

b. State how many years licensed to do business under the name stated above.
Describe firm ownership structure and history.

c. List the number of permanent employees and provide an organizational chart of the
firm. Include management-level employee(s) the firm intends to assign to the project.
Include a professional biographical summary including any certifications/licenses (if
applicable) and detailed outline of the role and responsibility of each employee that
will be assigned to the project.
Revised RFP 26-732 Food Items and Distribution Services PAGE 45

2. Scope of Services (30 points)

a. Please provide your company’s detailed methodology and proposed strategy for
providing Food Items and Distribution Services. The methodology should include but
is not limited to the following:
i. Implementation
1. Go-Live and Service Plan
2. Training and Support
3. Risk Management and Contingency

ii. Ordering Process

iii. Distributor’s Inventory Management Plan

iv. Deliveries

v. Delivery of Commodity Processed End Product

vi. Vendor Contingency Procedures

vii. Accounting Procedures

viii. Rebates & Reports

ix. Expiration & Damage Reports

x. Distributor Performance & Stocking Reports

xi. Marketing of Products

3. Firm’s Relevant Experience and Expertise (20 points)

a. Submit past experience providing services that are comparable in scope and
organizational size which best illustrates your firm’s ability to provide food items
and distribution services for a large K-12 school district or other governmental
entities.
Please list no more than ten (10) projects and do not list projects that were not
completed by your firm or completed over ten (10) years ago. In addition to the
information above, each project listed should include the following information:

1. Company/Entity Name
2. Contact Name, Phone Number, and Email Address
3. Scope of Services Provided
4. Project Start and Finish Date
Revised RFP 26-732 Food Items and Distribution Services PAGE 46

4. Professional References (5 points)

a. The firm shall submit a minimum of three (3) written recommendation letters
from current or previous clients/owners. The recommendation must state actual
examples of how the firm had a positive working relationship with prior
organization(s).

b. DCSD reserves the option of contacting any of the references provided to confirm
information provided.

5. Cost Proposal (35 points) – Do not include with Technical Proposal

a. Indicate your proposed price to provide the services as stated in this RFP using
Attachment A – Cost Proposal Form provided as part of this RFP.

b. Please provide any and all pricing breakdown as requested on the Attachment
A-Cost Proposal Form.

c. The Attachment A-Cost Proposal Form shall not be altered in any way. Any
alterations to the provided cost proposal form may cause your company to be
deemed non-responsive and disqualified from further consideration.

Relative Weight Evaluation Criteria

10 Firm’s Overview

30 Scope of Services

20 Firm’s Relevant Experience and Expertise

5 Professional References

35 Cost Proposal

100 points

F. Transition Plan/Transition on Commencement of Contract (If Applicable)
The awarded offeror shall assume full services in accordance with the award of the RFP.
The awarded offeror shall coordinate and cooperate with DCSD’s existing provider(s) to
ensure a smooth and orderly transition with uninterrupted services.
Revised RFP 26-732 Food Items and Distribution Services PAGE 47

Transition and Continuity of Service upon Expiration of Contract
Continuity of services is necessary to DCSD. The awarded offeror agrees to this
philosophy and upon expiration of contract, agrees to:

a. Exercise best efforts and cooperation for an orderly and efficient transition to
another provider or to DCSD.

b. Negotiate a plan in good faith with successor to determine the nature and
extent of the phase-in, phase-out services required. The plan shall specify a
date for services described in the plan and shall be subject to approval by
DCSD. The existing provider shall provide sufficiently experienced personnel
during the phase-in and phase-out periods to ensure that the imperious
services in the contract are maintained at the required level of need and
proficiency.

c. All DCSD property (including but not limited to, students and DCSD records,
parts, equipment, facilities, keys, and materials) shall be returned to DCSD
upon expiration of contract.

d. Offeror shall include in their response any DCSD or any subsequent
contractor requirements if offeror is awarded this contract and does not retain
this contract upon its expiration.
Revised RFP 26-732 Food Items and Distribution Services PAGE 48

G. REQUIRED CONTENT / DOCUMENT CHECKLIST

All potential respondents must register as a vendor at
https://dekalbschoolsga.ionwave.net/Login.aspx.

IMPORTANT NOTICE: Submittals to this solicitation will be received electronically on the DeKalb County
School District website at https://dekalbschoolsga.ionwave.net/Login.aspx.

IonWave will not accept a bid submission without the required documents listed below. Failure to upload
the required information and/or documentation required in this solicitation may cause the submission to
be declared non-responsive and rejected.

Offerors are required to upload one (1) pdf. copy electronically via
https://dekalbschoolsga.ionwave.net/Login.aspx of their response. Offerors must reply in a narrative
to each requirement and question. “Understand and comply” responses are not acceptable. All RFP
submissions must include the following items and attachments.

Table of Contents for your submission
• Addenda – Each individual Addendum must be printed, signed, and inserted
immediately following the Table of Contents (Upload Required)
• Audited Company Financial Statements/Company Annual Reports for 2023 and
2024 (Upload Required)
• Business License (Upload Required)
• Georgia Secretary of State Business License (Upload Required)
• Certificate of Insurance (Upload Required)
• Product Delivery Schedule (Upload Required)
• Attachment A – Cost Proposal Form (Upload Required)
• Attachment A1- Cost Proposal Form (Upload Required)
• Attachment B - Non-Collusion (Upload Required)
• Attachment C – Conflict of Interest (Upload Required)
• Attachment D – Critical Paragraphs (Upload Required)
• Attachment E – Statement of Confidentiality and Non-Disclosure (Upload
Required)
• Attachment F – Suspension and Debarment Certification (Upload Required)
• Attachment G – Immigration & Security Certification (Upload Required)
• Attachment H- Certification Regarding Lobbying (Upload Required)
• Attachment I- Vendor Affidavit (Upload Required)
• Attachment J- Exception Form (Upload Required)
• Attachment K– Signature Page (Upload Required)
• Technical Proposal (Upload Required)
• Brochures, Catalogs, Manuals, Websites, Literature, and other marketing media
• Added Value
Revised RFP 26-732 Food Items and Distribution Services PAGE 49

Revised Attachment A
RFP 26-732
Food Items and Distribution Services

COST PROPOSAL FORM
Offeror must provide costs to DCSD associated with providing the equipment and services
requested in this RFP. Pricing must be submitted on this form in the format requested.
Alterations to the cost proposal form may result in the offeror being deemed non-
responsive and proposal rejected. DCSD reserves the right to request and negotiate a
“best and final offer” response from Offerors.

Revised Attachment A1- Cost Proposal Excel Spreadsheet (Upload required)

Complete the following:

_______________
Company Name

_______________
Authorized Company Representative Name (please print) Title

_______________
Authorized Company Representative Signature Date

_________________________________________________________________________
Address
_________________________________________________________________________
Phone Fax
_________________________________________________________________________
Email
Revised RFP 26-732 Food Items and Distribution Services PAGE 50

Attachment B
RFP 26-732
Food Items and Distribution Services
Non-Collusion

Upload this documentation under the Response Attachment tab via IonWave titled
“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 response 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.

Bidder must sign below acknowledging the above statement.

Signature of Company Representative:

______________________________________
Company Name/Certifying Official Signature

Date: _____________
Revised RFP 26-732 Food Items and Distribution Services PAGE 51

Attachment C

RFP 26-732
Food Items and Distribution Services
Conflict of Interest

Upload this documentation under the Response Attachment tab via IonWave titled “Conflict of
Interest”.

Offeror shall use its best efforts to disclose with their proposal the name of any officer, director, or
agent who also is a DCSD employee, agent, representative, contractor, immediate family member
(spouse, child, sibling, or parent or the spouse of a child, sibling or parent) or DeKalb County Board
of Education member. Offerors shall also disclose the name of any DCSD employee, agent,
representative, contractor, immediate family member or board member who owns, directly or indirectly,
an interest in five percent or more in the Offeror’s company or any of its branches. In the event the
Offeror was aware of a conflict of interest prior to the award of the contract and did not disclose the
conflict DCSD may, at its discretion, terminate the contract for default. The Offeror further agrees that,
if after award, a conflict of interest is discovered, an immediate and full disclosure in writing must be
made to the DCSD Purchasing Department which must include a description of the action which the
Offeror has taken or proposes to take to avoid or mitigate such conflicts. If a conflict of interest is
determined to exist, DCSD may, at its discretion, cancel the contract. Offerors shall certify that their
response to this RFP is impartial, at arms-length, and free of any conflict of interest at this time, unfair
advantage, or personal benefit to any DCSD official.

Signature of Company Representative:

______________________________________
Company Name/Certifying Official Signature

Date: _____________
Revised RFP 26-732 Food Items and Distribution Services PAGE 52

Attachment D
RFP 26-732
Food Items and Distribution Services
Critical Paragraphs
Offerors must put their initials in the space provided in front of each critical
paragraph and sign below. Initials signify that the information has been read
and the offeror agrees to comply with the requirement, stipulations, terms and
conditions. Attach and label “Critical Paragraph.”

1) ____ This RFP does not commit DCSD to any offeror to this RFP. DCSD is not liable for
any costs incurred by an offeror in responding to this RFP. There is no guarantee of
any offeror receiving an award or contract as a result of submitting a response to this
RFP.
2) ____ Any news release or publicity pertaining to any phase of this RFP will be the
responsibility of DCSD and must be cleared through DCSD’s Department of
Communications and Community Relations.

3) ____ It is the responsibility of offerors to make themselves aware of and to comply with
any addenda, questions and answers posted to the DCSD website in relation to this
RFP. All addenda must be printed, signed by the certifying official and included in
the RFP submittals. Failure to do so will cause the offeror to be deemed non-
responsive to the requirements of this RFP.

4) ____ Offerors to the RFP agree to fully indemnify DCSD as stated in the RFP, Part II.

5) ____ Offerors certify that they have not engaged in collusion and guarantee that their
response is not made in conjunction with or on behalf of another party and that they
have not been directly or indirectly induced or acted in any manner to result in
restriction of trade or unfair advantage.

6) ____ The DCSD reserves the right to reject any and/or all responses submitted and to
waive any technicalities or minor irregularities in responses received. DCSD
reserves the right to award any resulting contract in the manner that is in the best
interest of and most advantageous DCSD.

7) ____ Offeror understands that this solicitation requires Board of Education Approval.

Signature of Company Representative:

______________________________________
Company Name/Certifying Official Signature

Date: _____________
Revised RFP 26-732 Food Items and Distribution Services PAGE 53

Attachment E
RFP 26-732
Food Items and Distribution Services
Statement of Confidentiality and Non-Disclosure

Any non-public information made available to the offeror by DCSD in relation to this
RFP shall be used only for those purposes outlined in the RFP document and shall not
be used in any other way without the written permission of the DCSD.

If the offeror is uncertain about the proposed use of information provided in relation to
this RFP, the offeror shall consult with the DCSD RFP contact person as identified in
the RFP document for clarification.

The offeror agrees to assume full responsibility for protecting the confidentiality of
DCSD records that are not public information. Such information may include but is not
limited to student and employee data and other written and oral information of a
personal and/or confidential nature, which shall be safeguarded by the offeror to ensure
that it is not improperly disclosed.

__________________________________
Offeror Company Name

__________________________________
Company Representative Name

__________________________________
Company Representative Signature

__________________________________
Date
Revised RFP 26-732 Food Items and Distribution Services PAGE 54

Attachment F
RFP 26-732
Food Items and Distribution Services
See Next Page – “Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions”
Revised RFP 26-732 Food Items and Distribution Services PAGE 55

AD-1047 OMB No. 0505-0027
Expiration Date: 09/30/2025

Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations
implementing Executive Order 12549, Debarment and Suspension, and 2 CFR § 180.335, Participants' responsibilities. The regulations were amended
and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture
agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or
civil fraud, privacy, and other statutes may be applicable to the information provided.

(Read instructions on page two before completing certification.)
A. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, or proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
2. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph (A.2.) of this certification; and
4. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)

SIGNATURE DATE

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue,
SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.
Revised RFP 26-732 Food Items and Distribution Services PAGE 56

Instructions for Certification

1) By signing and submitting this form, the prospective primary participant is providing the certification set out on
page 1 in
accordance with these instructions.
2) The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant must submit an explanation of why it
cannot provide the certification set out on this form. The certification or explanation will be considered in
connection with the Department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a certification or an explanation will disqualify such
person from participation in this transaction.

3) The certification in this clause is a material representation of fact upon which reliance was placed when the
Department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the Department or agency may terminate this transaction for cause or default

4) The prospective primary participant must provide immediate written notice to the Department or agency to which
this proposal is submitted if at any time the prospective primary participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.

6) The prospective primary participant agrees by submitting this form that, should the proposed covered transaction
be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Department or agency entering into this transaction.
7) The prospective primary participant further agrees by submitting this form that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions," provided by the Department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
General Services Administration’s System for Award Management Exclusions database.

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

10) Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the Department or agency may terminate this transaction for cause or default
Revised RFP 26-732 Food Items and Distribution Services PAGE 57

Attachment G

RFP 26-732
Food Items and Distribution Services
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): 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];

3) I________ (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.

4) _____ (Initial here) Offeror will not employ or contract with any subcontractor 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
Revised RFP 26-732 Food Items and Distribution Services PAGE 58

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.

5) _____ (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.

6) ______ (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: ___________________________
Revised RFP 26-732 Food Items and Distribution Services PAGE 59

DEKALB COUNTY SCHOOL DISTRICT
Offeror 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: Food Items and Distribution Services

Solicitation Number (if applicable): RFP 26-732

Name of Public Employer: DeKalb County School District

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

Executed on _____, ____, 202__ 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:
Revised RFP 26-732 Food Items and Distribution Services PAGE 60

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: Food Items and Distribution Services

Solicitation Number (if applicable): RFP 26-732

Name of Public Employer: DeKalb County School District

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

Executed on _____, ____, 202__ 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:
Revised RFP 26-732 Food Items and Distribution Services PAGE 61

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: Food Items and Distribution Services

Solicitation Number (if applicable): RFP 26-732

Name of Public Employer: DeKalb County School District

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

Executed on _____, __________, 202___ 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:
Revised RFP 26-732 Food Items and Distribution Services PAGE 62

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 (5) 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: Food Items and Distribution Services

Solicitation Number (if applicable): RFP 26-732

DeKalb County School District
Name of Public Employer:

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

Executed on ____, __________, 202___ 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: _________________________________
Revised RFP 26-732 Food Items and Distribution Services PAGE 63

Attachment H
RFP 26-732 Food Items and Distribution Services
Certification Regarding Lobbying

Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding
$100,000 in Federal funds.

Submission of this certification is a prerequisite for making or entering into this
transaction and is imposed by section 1352, Title 31, U.S. Code (The Byrd Anti-
Lobbying Amendment) 2 CFR Appendix II to Part 200 (I). This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into. 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.

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 any agency, a Member of Congress, an officer or employee of Congress,
an employee of a Member of Congress, or any Board Member, officer, or employee of
(School) SFA in connection with the awarding of a Federal contract, the making of a
Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a 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, an employee of a
Member of Congress, or any Board Member, officer, or employee of (School) SFA in
connection with this Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL (SF-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 covered sub-awards exceeding $100,000 in Federal funds
at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.

_______________________________________
Name/Address of Organization

_______________________________________
Name/Title of Submitting Official

_______________________________________

________________ ________________ _________________________
Signature Date
Revised RFP 26-732 Food Items and Distribution Services PAGE 64

Attachment I
RFP 26-732 Food Items and Distribution Services

Vendor Affidavit

By executing this affidavit, the undersigned vendor verifies its compliance with O.C.G.A. § 13-
10-91(b)(1), stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services on behalf of SFA 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 vendor will continue to use
the federal work authorization program throughout the contract period and the undersigned
vendor will contract for the physical performance of services in satisfaction of such contract
only with sub vendors who present an affidavit to the vendor with the information required by
O.C.G.A. § 13-10-91(b). Vendor hereby attests that its federal work authorization user
identification number and date of authorization are as follows:
E-Verify Number (4 to 6 digit number) ______________________________________
Date of Authorization _______________
Name of Vendor _____________________________________________________

(INSERT SCHOOL FOOD AUTHORITY NAME)

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

Executed on ______, ___, 20___ in ______________________ (city), ______ (state).
_________________________________Signature of Authorized Officer or Agent
_______________________________Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF ______________, 20___.
NOTARY PUBLIC
My Commission Expires:_________________________________
Revised RFP 26-732 Food Items and Distribution Services PAGE 65

Attachment J
RFP 26-732 Food Items and Distribution Services

Exception Form

Vendor Name: Request For Proposal Date of Submittal:
(RFP) for:
School System:
Type:
Number and Title of each Number and Title: Number and Title:
section of RFP that
Bidder takes exception

Section: Section:

Specific Sentence within Sentence: Sentence:
each section

Alternate Provisions Alternate: Alternate:
proposed
by Bidder

Vendor’s Authorization Signature:

Vendor’s Authorization printed name:

Vendor’s Title:
Revised RFP 26-732 Food Items and Distribution Services PAGE 66

Attachment K
RFP 26-732
Food Items and Distribution Services
SIGNATURE PAGE

I certify that I have read this RFP document in its entirety and agree to conform to and
comply with the terms, conditions and requirements of this RFP. I also certify that I am a
duly appointed official of the offering company with the authority to authorize and engage
this RFP submittal. Further, I certify that the contents of the response to this RFP are
true, accurate and complete.

______________________________ _______________________________
Printed Name/Engaging Authorized Position/Title
Company Official

_______________________________
Offeror’s Company Name

_______________________________ ________________________________
Signature/Engaging Authorized E-mail Address
Company Official

________________________________
Telephone Number

______________________________
Date
Revised RFP 26-732 Food Items and Distribution Services PAGE 67

END OF RFP

Agenda Item