ITB 26-729 USDA Product Processing - August 10, 2026 - DCSD Board Meeting Archive

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

Invitation to Bid (ITB) 26-729

USDA Product Processing

Schedule of Events
EVENT DATE(S) TIME LOCATION

Solicitation Posts February 26, 2026 https://dekalbschoolsga.ionwave.net

Pre-Bid Conference March 17, 2026 11:00 AM Via Microsoft Teams (registration required)

Deadline to Submit
Questions (Q&A)
March 20, 2026 12:00 PM https://dekalbschoolsga.ionwave.net

Q&A Deadline Responses March 27, 2026 4:30 PM https://dekalbschoolsga.ionwave.net

Submission Deadline March 31, 2026 2:00 PM https://dekalbschoolsga.ionwave.net

Virtual Bid Opening March 31, 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
(678) 676-0217 and/or email at solicitationquestions@dekalbschoolsga.org
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 2

1701 MOUNTAIN INDUSTRIAL BLVD, STONE MOUNTAIN, GEORGIA 30083

https://dekalbschoolsga.ionwave.net/Login.aspx

INVITIATION TO BID
ITB 26-729
USDA Product Processing
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 3

TABLE OF CONTENTS
Title Page ................................................................................................................................................................ 2
Table of Contents ............................................................................................................................................. 3-4
Submittal Terms ................................................................................................................................................ 5-8
Attachments .................................................................................................................................................. 44-63

PART I – BACKGROUND AND INFORMATION
A. Objectives .......................................................................................................................................... 9
B. General Information ......................................................................................................................... 9
C. Procurement Process ...................................................................................................................... 9
D. Addenda............................................................................................................................................... 9
E. Bidder Contact Persons .................................................................................................................. 9
F. Prohibited Contacts ....................................................................................................................... 10
G. Optional Virtual Pre-Bid Conference ........................................................................................ 10
H. Bid Submission Deadline……………………………………………………….. ............... 10
I. Virtual Bid Opening.…………………………………………………… ............................. ..10
J. Questions and Answers ............................................................................................................... 11

PART II – GENERAL REQUIREMENTS
A. Bidder Performance ..................................................................................................................... 12
B. Bidder Internal Coordination ....................................................................................................... 12
C. News Release ................................................................................................................................ 12
D. Non-Discrimination ....................................................................................................................... 12
E. Drug Free Workplace .................................................................................................................. 12
F. Smoke Free Workplace .............................................................................................................. 12
G. Costs Incurred ............................................................................................................................... 12
H. Rebates and Special Provisions................................................................................................ 13
I. Insurance .......................................................................................................................................... 13
J. Indemnification................................................................................................................................ 15
K. Illegal Immigration Reform and Enforcement Act of 2011 ................................................. 15
L. Price Provisions .............................................................................................................................. 16
M. Permits and Applicable Laws ..................................................................................................... 16
N. Infringement ..................................................................................................................................... 17
O. Ownership Rights........................................................................................................................... 17
P. Non-Collusion.................................................................................................................................. 17
Q. Conflict of Interest .......................................................................................................................... 17
R. Financial Stability ........................................................................................................................... 17
S. No Obligation/No Contract Guaranteed .................................................................................. 18
T. Confidentiality and Non-Disclosure .......................................................................................... 18
U. Business License ........................................................................................................................... 18
V. Protest Process........................................................................................................ 18
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 4

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

A. Purpose / Project Overview ..................................................................................................... 21
B Project Scope of Work .............................................................................................................. 21
C. References ................................................................................................................................... 41
D. Brochures, Catalogs, Manuals, Websites, Literature ...................................................... 41
E. Required Content / Document Checklist ............................................................................. 42

ATTACHMENTS
Attachment A – Lobbying Form and Disclosure....................................................................................... 43
Attachment B – Suspension and Debarment ............................................................................................ 45
Attachment C – Bid Form, Attachment C-1 ............................................................................................... 47
Attachment D – Critical Paragraphs ............................................................................................................ 48
Attachment E – Offeror’s Client Reference Form .................................................................................... 49
Attachment F – Confidentiality and Non-Disclosure ............................................................................... 50
Attachment G – Conflict of Interest .............................................................................................................. 51
Attachment H – Illegal Immigration Reform and Enforcement Act of 2011
Certification ..................................................................................................... 52
Attachment I – Non-Collusion ........................................................................................................................ 58
Attachment J – Civil Rights Statement ....................................................................................................... 59
Attachment K – Bid Exception Form............................................................................................................ 61
Attachment L – Signature Page .................................................................................................................... 62
Final Page………………………………………………………………………………………………63
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ 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 Invitation to Bid
Submittal responses to this solicitation will be received electronically on the DeKalb County School District
website at https://dekalbschoolsga.ionwave.net/Login.aspx.

The format requirements for ITB 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. Responses must comply with the specifications and detailed instructions stated in
this ITB document, be signed by the certifying company official, and be presented to the DCSD Vendor Services-
Procurement Department according to the detailed instructions stated in this document.
• ITB responses must be submitted electronically via https://dekalbschoolsga.ionwave.net/Login.aspx.
• 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 ITB 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/Login.aspx.

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.

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.

Compliance with Specifications
Bidder must indicate below whether or not this bid is in complete compliance with the stated specifications. If
there are any deviations from the specifications, the bidder must indicate in writing what the deviations are and
must submit with the bid a complete descriptive literature on the actual items bid. Attach and label additional
sheets if necessary.

___ Bid is in complete compliance with bid specifications.
___ Bid deviates from stated specifications as follows:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ 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 ITB 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.

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
Award will be made to the lowest responsive and responsible bidder meeting the specifications within
appropriated funds available. DCSD reserves the right to accept or reject any and/or all parts of any bid
response(s) submitted, to accept the entire bid from a single bidder, to accept portions of bids from multiple
bidders, and/or to reject all bids submitted. This right is reserved to award items on this bid by any logical group
combination or by individual item, whichever is in the best interest of DCSD. DCSD reserves the right to waive
any technicalities or minor irregularities in responses received. The decision of DCSD shall be final.

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.

Merchantability and Quality
Bidder warrants that the goods will be of merchantable quality, free from defects in materials and
workmanship, and will conform to the descriptions and specifications contained in this document and in
bidder’s catalogs, product brochures and other representations, depictions or models of the goods.

Specify your warranty/guarantee beyond that stated above in definite terms. Add additional literature/sheets
if necessary. Provide a clear description of warranty/guaranty service offered, duration of service, and all
stipulations (i.e., service provided on-site, call tag return required, vendor on-site pick-up, parts and labor
included parts only, number of years from purchase date warranty is valid, etc.):
_______________________________________________________________________________________

_______________________________________________________________________________________

F.O.B. Destination
All prices are to be F.O.B. Destination with freight prepaid by the bidder. Bid prices must include all charges
for delivery and unloading as directed by the building authorities.

Estimated Quantities
The quantities shown in this ITB document are estimates, which are provided for your information. However,
actual quantities purchased by DCSD may vary.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 7

Exclusions of Trade Usages
Unless the context requires otherwise, all terms used in this document, and which are defined in the Uniform
Commercial Code (“UCC”) as adopted by the State of Georgia shall have the same definition set forth in the
UCC on the date of this agreement.

Conditional Bids
Provisions within Bids that are conditional (e.g., "Prices Subject to Change," “Prices F.O.B. Shipping Point,"
etc.) will be invalid and shall not be enforceable. Provisions within Bids which in any way qualify or vary the
terms of these instructions, conditions, and specifications shall be invalid and the original instructions,
conditions, or specifications within this ITB shall control. If any terms and conditions of the Bids contradict or
come into conflict with the terms and conditions of this ITB then the terms and conditions of this ITB shall
control unless such provision is specifically accepted by DCSD in writing.

Bidder Failure
In the event that a product, property, or service to be furnished by the successful bidder should for any reason
fail to conform to the specifications contained herein, DCSD reserves the right to reject the product, property, or
service and may terminate the contract for default.

Failure of the successful bidder to perform on delivery of goods or services as specified may also result in the
removal of that bidder from doing business with DCSD for a period of not less than one (1) year.

Georgia Open Records Act
All 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 ITB and subsequent agreement are subject to the laws of the State of Georgia.

§ 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,
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.

(b) 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.

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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 8

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
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 9

PART I
BACKGROUND AND INFORMATION
A. Objectives
The DeKalb County School District (DCSD) is seeking qualified bidders with professional qualifications, technical
competence, and specialized experience to provide USDA Product Processing services as outlined in the scope
of work in Part III of this ITB.
Awarded bidder 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 USDA Product
Processing, in accordance with the requirements of this ITB. 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 approximately 91,000 students in
pre-kindergarten through grade 12. With 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. Bidders must be responsive to all aspects of this ITB.

D. Addenda
It is the responsibility of bidders to frequently check for any addenda, questions, and answers posted on the
Purchasing Bulletin Board on the DCSD website. Failure on the part of bidders 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 bidder, and included in the bidder’s ITB submission. Click on
the following link to the Purchasing Bulletin Board: https://dekalbschoolsga.ionwave.net/Login.aspx

E. Bidder Contact Person
The assigned contact person for bidders is Fred Christopher, Procurement Manager III. Mr. Christpher can be
reached at (678) 676-0217 or by email to solicitationquestions@dekabschoolsga.org.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 10

F. Prohibited Contact(s)
Except with the consent of the bidder contact person, all bidders, including any persons affiliated with or in any
way related to the bidder, 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 ITB, other than as
provided herein. Any and all contacts with such persons associated with DCSD shall be in writing, in appropriate
circumstances or cases, as directed by the contact person.

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-Bid Conference
An optional virtual pre-bid conference will be held via Microsoft Teams at 11:00 AM EST on Tuesday,
March 17, 2026. Prospective offerors must provide the following information by 5:00 PM EST, on Monday,
March 16, 2025:

Name and Title
Company Name
Telephone Number
Email Address

This information must be sent to solicitationquestions@dekalbschoolsga.org. Please enter “Optional Virtual
Pre-Bid Conference – ITB 26-729 USDA Product Processing” 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, March 17,
2026, by 10:00 AM EST.

H. Bid Submission Deadline
All potential bidders must register as a vendor at https://dekalbschoolsga.ionwave.net/Login.aspx.

Bids in response to this ITB must be received electronically via IonWave no later than 2:00 PM EST, Tuesday,
March 31, 2026. Bids received after the stated deadline will not be considered.

I. Virtual Public Bid Opening
The public bid opening will be held virtually through Microsoft Teams on Tuesday, March 31, 2026, at 3:00
PM EST. Those who would like to attend the virtual public bid opening, please register no later than Monday,
March 30, 2026, by 5:00 PM EST, by sending an email to solicitationquestions@dekalbschoolsga.org.

Please enter “Public Bid Opening -ITB 26-729 USDA Product Processing” in the subject line of your email.
An invitation will be sent via Microsoft Teams to those participants no later than Tuesday, March 31, 2026, by
2:30 PM EST.

J. Questions and Answers
It is intended that this ITB be adequate for any bidder to respond to DCSD’s requirements. However, should
bidders have questions, all questions shall be submitted electronically to:
https://dekalbschoolsga.ionwave.net/Login.aspx.
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, March 20, 2026, 12:00 PM EST. Questions received after the deadline
will not be considered.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 11

All questions received by the deadline shall be answered in writing and both the questions and answers will be
posted to the following website https://dekalbschoolsga.ionwave.net/Login.aspx on or before Friday,
March 27, 2026, 4:30 PM EST. Responses to questions will not be posted on official DCSD holidays.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 12

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

B. Bidder Internal Coordination
DCSD will look to the bidder as having “one corporate face” and will expect the bidder to coordinate, bid and
deliver those products and services best able to meet the identified needs of DCSD without DCSD’s involvement
in subcontractor arrangements. The terms and provisions in this bid and any subsequent contract shall bind the
bidder. Nothing contained herein shall create any contractual relationship between any subcontractor and
DCSD. The primary bidder will be responsible for the supervision and conduct of any subcontractors assigned
to this project. Purchase order(s) will be issued to the successful bidder only.

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

D. 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.

E. Drug-Free Workplace
By submission of a response to this ITB, the bidder 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.

F. Smoke-Free Workplace
By submission of a response to this ITB, the bidder 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.

G. Costs Incurred
DCSD is not liable for any costs incurred by a bidder in preparing and/or submitting a response to this ITB or for
any interview if requested. Any and all costs incurred by the bidder in preparing and/or submitting a response
to this ITB and interviewing with DCSD (if requested) shall be the sole responsibility of the bidder and shall not
be reimbursed by DCSD.
There is no guarantee of any bidder receiving an award as a result of submitting a response to this ITB.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 13

H. Rebates And Special Promotions
The successful vendors(s) shall pass on all rebates and special promotions offered by the manufacturer during
the term of the contract to DCSD. It shall be the responsibility of the vendor to notify DCSD of such rebates
and/or special promotions during the contract period. The vendor(s) shall offer special promotions provided that
the new price charged is for the item(s) is/are lower than what would otherwise be available through the contract.
It is understood that these special promotions may be of limited duration by the vendor(s). At the end of such
promotion, the standard contract price shall prevail.

I. 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 ITB 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 Mana ger. 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 ITB) 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 Georg ia 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.

(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
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 14

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 ITB) 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:

(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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 15

(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 ITB) 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 ITB).

(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 agrees 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.

J. 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 ITB), 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.

K. 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.
Bidders 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)
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 16

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).

L. Price Provisions
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 bidder 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 July 1, 2026. The
initial contract duration shall be for 12 months from the effective date. The contract may contain four (4)
one-year extension options contingent upon DCSD’s offer of such extension, the successful bidder’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. Only one (1) price change will be allowed
during any 12-month period and shall be effective at the renewal/extension anniversary, on any individual
product or service included in this bid.
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
the Notice of Cancellation for convenience from DCSD by the bidder. 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 bidder to deliver equipment or perform services in the time specified or in the manner
required.

M. Permits and Applicable Laws
By submitting a bid, bidder acknowledges its acceptance of the ITB specifications and the contract terms and
conditions without change except as otherwise expressly stated in the submitted bid.
If a bidder 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 bidder’s response. Proposed exceptions must not conflict
with or attempt to preempt mandatory requirements specified in the ITB.

Bidders 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. Bidders shall maintain all such permits, licenses, certifications, and
compliances in a current status throughout the course of the contract. Bidders shall submit copies of permits,
licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Bidders
shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 17

N. Infringement
Bidder shall fully indemnify Indemnitees against any claims of infringement of any patent, copyright, trade secret,
trademark, or other intellectual property rights related to the bidder’s response to this ITB or services performed
upon contract award. Bidder’s obligation to indemnify any Indemnitee shall survive the completion, expiration, or
termination of bidder’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 bidders to this ITB.

P. Non-Collusion
Upload this documentation under the Response Attachment tab via IonWave titled “NON-COLLUSION”
Bidders 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 ITB. Further, bidders 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”.
Bidder 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. Bidders 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 Bidder’s company or
any of its branches. In the event the Bidder 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 Bidder 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 Vendor Services- Procurement Department which must include a description of the action
which the Bidder 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. Bidders shall certify that their response to
this ITB 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. Bidders shall provide a copy of their company’s audited financial statements for the previous two (2)
years – 2023 and 2024.
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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 18

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 Order(s) Guaranteed/Cost to Bid
The contract will be awarded to the lowest responsive and responsible bidder meeting the specifications
within this Invitation to Bid if the appropriate funds are available and the contract is approved by the DeKalb
County Board of Education. The acquisition of any program, product, or element by bidders to satisfy any
requirements of this Invitation to Bid is the sole responsibility of bidders. There is no guarantee that any
bidder will receive an order as a result of a bid or request for quotation. Any/all costs incurred, including
sample submission (if required) by the bidder in preparation and submission of this bid, including catalog
mailing, are the sole responsibility of the bidder. Expenses incurred by the bidder will not be reimbursed by
DCSD or become a reason for placing an order with the bidder.

T. Confidentiality and Non-Disclosure
Information made available to bidders by DCSD shall be used only for purposes related to responding to this ITB
and shall not be used for any other purpose without the express written permission of DCSD.
Bidders to this ITB 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”.
Bidders shall submit with their bid, a copy of their valid company business license. If the bidder is a Georgia
corporation, bidder shall submit a valid county or city business license. If the bidder is not a Georgia corporation,
bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid
business license issued by their home jurisdiction. If bidder holds a professional certification which is licensed
by the state of Georgia, bidder shall submit a copy of their valid professional license. Any license submitted in
response to this requirement shall be maintained by the bidder for the duration of the contract.

V. Protest Process
This section describes the mandatory administrative procedure whereby Bidders 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 Bidder 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 19

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 Bidder 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 Bidder.
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 Bidder, 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 Bidder must observe the following deadlines when filing a protest:

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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 20

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.

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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 21

PART III
SCOPE OF WORK
A. Purpose/Project Overview
The DeKalb County School District (DCSD) is seeking bids from qualified vendors to provide USDA product
processing services for the District as outlined in the scope of work below. The purpose and intent of this ITB
is to establish a term contract for services to support the DCSD School Nutrition Department. Awarded bidder
shall provide services in accordance with the specifications, requirements, standard terms and conditions, and
special terms and conditions stated herein.

The work to be done under this contract includes, but is not limited to; providing all labor, materials,
supervision, equipment, incidentals, all related items, services, and all things necessary to complete the work
in accordance with the specifications contained herein. No work within the scope of this contract shall be done
without a valid purchase order. Any and all additional work or service required must be submitted in the form of
an estimate to the DCSD School Nutrition Department.

Awarded bidder shall provide equipment and services in accordance with the scope of work, 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 costs and charges, and all things and services necessary and in
accordance with the requirements of this ITB. There shall be no add-on charges of any kind.

DCSD reserves the right to make multiple awards.

Award(s) will be made to the lowest responsive and responsible bidder meeting all specifications and
requirements. The bidder(s) who submits the lowest price, whose bid meets the specifications, terms, and
conditions set forth in the Invitation to Bid, and who is clearly capable of delivering the product(s) or service(s)
specified, will be recommended to the Board for approval.

The DCSD reserves the right to accept or reject any part of a submitted bid, to accept the entire bid from one
bidder, to accept portions of the bid from several bidders, or to reject all bids submitted or waive any minor
irregularity. The DCSD reserves the right to award the bid under the most beneficial economic terms for the
DCSD. DCSD, at its discretion, determines the process whereby bids are awarded. No damages shall be
recoverable by any challenger as a result of these determinations or decisions by DCSD.

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

B. Project Scope of Work
Each Contractor shall provide all supervision, coordination, vehicles, labor, staff, drivers, materials, supplies,
tools, steel deck dollies, stand mule carts, hydraulic jacks, fork lifts, handling equipment, roll off containers,
insurance, permits, licenses, registrations and fees, loading, transport, unloading, placing, packing, moving,
assembly, set-up and placement of furniture, machinery, equipment tools, materials or supplies, incidentals,
gratuities, and all things and services necessary to provide DCSD School Nutrition USDA Product Processing
services. All costs associated with meeting the requirements of this ITB shall be the sole responsibility of the
Contractor. The Contractor(s) will provide an individual who will manage all communications, scheduling, and
coordination. The coordinator will review the existing District location to evaluate the scope of the move.
This is an Invitation to Bid specified for USDA Product Processing services.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 22

DEFINITIONS, SCOPE OF SERVICES, SPECIFICATIONS, STANDARD TERMS AND
CONDITIONS AND SPECIAL TERMS AND CONDITIONS

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

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

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.

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.

Damaged Item: Refers to an item that has sustained damage that would allow spillage from the original
container, a loss or disfigurement of a label that would hinder identification, contaminated package that would
affect the content of that package or any other happening that would affect the quality and/or quantity of the
original item.

Dry Food Product: A dry product that does NOT require freezing or refrigeration.

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

NSLP: National School Lunch Program

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 (DeKalb County School District)

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

Vendor: The provider of the goods and/or services under the Contract.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 23

Requirements
The following requirements, terms and conditions, and specifications shall govern the selection of USDA
products processed, furnished, and delivered to Cold Storage Boulevard, Inc., 100 Metcalf Road, Forest Park,
GA 30297 for DeKalb County School District (DCSD).

Your bid must be submitted in strict accordance with the specifications contained herein for each item.

SPECIFICATIONS
Each bidder will complete the Bid Form, Attachment C-1, included in this ITB.
End Product Data Schedules are required for all products bid. All items bid shall meet specifications set forth by
the DeKalb County School District designated on the Bid Form, Attachment C-1. Items that do not meet
specifications will be rejected.
The DeKalb County School District reserves the right to determine if the products offered are the type and quality
desired. See Bid Form, Attachment C-1, which includes product specifications or approved equal.

Bidders are not restricted by these specifications from bidding on grades or products which exceed the minimum
requirements specified; however, that factor will not be considered when making awards, if a product meeting
the specified requirements is available at a lower cost.

Bidders must provide electronic copies of product data sheets for all items bid. Data sheets should include, but
are not limited to, nutrition fact panel, allergy information, pack sizes. Award vendors must notify DCSD SNS of
any nutritional changes within ten (10) business days.

A Child Nutrition (CN) label and/or a signed Product Formulation Statement(s) must be provided for all products
bid, documenting that the product contributes toward the meal pattern requirements in the Child Nutrition
Programs. If this information is not provided, the item will not be considered.

All products delivered should have been processed and packed in accordance with good commercial practice.

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
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 24

PRICES QUOTED
Prices quoted shall be net including transportation and delivery charges fully prepaid by the contractor F.O.B.,
Boulevard Cold Storage, Inc.,100 Metcalf Road Extension, Forest Park, GA 30297.

The price quoted should be the best price for processing USDA Commodity Products into specified approved
products for the DeKalb County School District from July 1, 2026, through June 30, 2027.

Prices quoted are the processing fee only. The bidder agrees to accept the USDA product identified for
processing from DCSD.

Price quoted must include any and all delivery charges.

ITEM DELETIONS
DCSD reserves the right to delete items with the award vendor at any time during the bid period.

BILLING
Invoices must be the originals and shall be sent to the DCSD, School Nutrition Services, 1780 Montreal Road,
Tucker, GA 30084

The DCSD reserves the right to audit the successful bidder's invoices from their suppliers and shippers to
verify prices charged. Cancellation of the contract could occur if discrepancies are found.

FOOD RECALLS AND BIOSECURITY
A copy of the bidder’s food recall (biosecurity) procedures is required. Upload this documentation
under the Response Attachment tab via IonWave titled “Food Recalls and Biosecurity Policy”.
Manufacturers shall be expected to voluntarily comply with all federal, state, and local mandates regarding the
identification and recall of foods from the commercial and consumer marketplace. Upon notification of a recall,
distributor shall contact DeKalb County SNS via telephone and then follow up in writing within 24 hours.
Manufacturer shall have a process in place to effectively respond to a food recall.

The process must include accurate and timely communications to the DeKalb County SNS and assurance that
unsafe products are identified and removed from delivery site(s) in an expedient, effective, and efficient
manner. Award distributor will be expected to maintain all paperwork required for immediate and proper
notification of recalls for full and split cases.

Describe and define your organization’s policy and procedures for handling food recalls on a separate
document to be submitted along with bid.

Provide the contact person and the backup person’s contact information, whom will handle food recalls, to the
SNS Executive Director or designee.

Company Name:
Contact Name:
Phone Number:
Fax Number:
Email Address:

Manufacturer 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.

Describe and define your organization’s biosecurity policy and procedures on a separate document to be
submitted along with bid ORDERS
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 25

PRODUCT RECALLS
Any product recall should be reported to the DCSD School Nutrition Department immediately. Product will be
held for immediate pickup and credit from vendor.

DELIVERY
All deliveries are inside F.O.B. DESTINATION WITH FREIGHT PREPAID TO:
Boulevard Cold Storage, Inc.
100 Metcalf Road Ext., Forest Park, GA 30297

INSPECTION
The DCSD reserves the right to have a representative inspects the successful bidder's establishment at any
time before the award is made and during the contract period. Facilities and operating practices must be
continuously in compliance with the United States Food, Drug, and Cosmetic Act and state and local laws and
regulations.

DEFAULT
If at any time the vendor makes a shipment that is not in accordance with the instructions, conditions, and
specifications set forth by the DCSD, without the consent of said DCSD, such delivery will constitute grounds
for the cancellation of the contract and/or removal of this vendor from the DCSD vendor list for a period of not
less than one year.

FOOD SAFETY
A copy of the bidder’s proof of HACCP Compliance is required. Upload this documentation under the
Response Attachment tab via IonWave titled “HACCP Compliance”.
All potential manufacturers and distributors represented in the bid quotation must have in place a Hazard
Analysis and Critical Control Points (HACCP) (HACCP) plan on file…have warehouses, trucks, equipment and
grounds on maintenance programs to ensure a safe environment for products bid. Bidders must meet all
federal, state and local health codes including HACCP guidelines.
Proof of HACCP Compliance must be submitted with bid package.

FACILITIES AND TRANSPORTATION OF PRODUCT
All delivery trucks must be clean, sanitary, and free from dirt and debris.
The awarded vendor's delivery trucks must have temperature logs when transporting USDA Product
Processing to delivery site. The temperature log must, at a minimum, record the temperature at the beginning
of the route, middle of the route, and at the last stop of the route. DCSD may request a copy of a specific
delivery route's temperature log if an issue occurs.

ATTACH A SAMPLE COPY OF YOUR INVOICE TO YOUR BID.
A sample copy of the bidder’s invoice is required for this Invitation to Bid. Upload this documentation
under the Response Attachment tab via IonWave titled “Sample Copy of Bidder’s Invoice”.
A delivery order invoice statement showing invoice number and detail line order information with per unit cost
and total amount shall be submitted for each delivery.
Payment will be made by the DeKalb County Board of Education within thirty (30) days of invoice date and
approval to pay received from the School Nutrition Department except when the district is closed for the
holidays.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 26

TRANSITION PLAN Transition on Commencement of Contract
The awarded vendor shall assume full services in accordance with the award of the bid. The awarded vendor
shall coordinate and cooperate with DCSD’s existing provider(s) to ensure a smooth and orderly transition with
uninterrupted services.
Transition and Continuity of Service upon Expiration of Contract
Continuity of services is necessary to DCSD. The awarded vendor agrees to this philosophy and upon
expiration of contract, agrees to:
Exercise best efforts and cooperation for an orderly and efficient transition to another vendor for providing
USDA Product Processing to DCSD.

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 USDA Product Processing vendor shall provide sufficient 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. 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.

Vendor shall include in their response any DCSD or any subsequent contractor requirements, if vendor is
awarded this contract and does not retain this contract upon its expiration.

BID FORM, ATTACHMENT C-1 AND BID COST SHEET
Upload this documentation under the Response Attachment tab via IonWave titled “Attachment C-1,
Bid Form.”

PRODUCT SPECIFICATIONS
Quality Standards for USDA Product Processing:
All USDA Product Processing shall be of the name, description, and pack as specified per the Attachment C-1
Bid Cost Sheet and Specifications.

All USDA Product Processing shall be maintained, handled, and delivered at the appropriate temperature for
each item.

All USDA Product Processing shall be handled according to the best commercial practices.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 27

Standard Terms and Conditions
This contract between the DeKalb County School District 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)

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for
all bids $100,000 and over. Please see and complete Attachment E. 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.

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

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

The Vendor certifies that the Vendor and/or any of its sub vendors or principals have not been
debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of
the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are
subject to the 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. See Attachment B – Debarment and
Suspension Certification

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

Contractor 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 28

Buy American:
(1) Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:
(i) An agricultural commodity that is produced in the United States; and
(ii) A food product that is processed in the United States substantially using agricultural
commodities that are produced in the United States. Substantial means over 51% of the
final processed product consists of agricultural commodities that were grow domestically.
Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana
Islands are allowed under this provision as territories of the United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must
comply with when purchasing commercial food products served in the school meals programs.
Exceptions to the Buy American provision are very limited; however, an alternative or exception may be
approved by the SFA upon request. To be considered for an alternative or exception, the request must
be submitted in writing to the SFA, a minimum of 10 days in advance of delivery. The request must
include:
(1) Alternative substitute(s) that are domestic and meet the required specifications:
(a) Price of the domestic food alternative substitute(s); and
(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.
(2) Reason for exception: limited/lack of availability or price (include price):
(a) Price of the domestic food product; and
(b) Price of the non-domestic product that meets the required specification of the
domestic product.

By signing this document, the 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.

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a) Immediate Termination. This contract will terminate immediately and absolutely if the DeKalb County
School District 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 DeKalb County School District’s sole discretion and shall be conclusive.
Further, the DeKalb County School District may terminate the Contract for any one or more of the
following reasons effective immediately without advance notice:

(i) In the event the Vendor is required to be certified or licensed as a condition precedent to
providing goods and services, the revocation or loss of such license or certification may result in
immediate termination of the Contract effective as of the date on which the license or
certification is no longer in effect;
(ii) The DeKalb County School District 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;
(iii) The Vendor fails to comply with confidentiality laws or provisions; and/or
(iv) The Vendor furnished any statement, representation, or certification in connection with the
contract or the bidding process, which is materially false, deceptive, incorrect, or incomplete.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 29

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be affected and the basis
for settlement. The occurrence of any one or more of the following events shall constitute cause for the
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 DeKalb County School District 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;
(iii) 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.

(b) 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 upon Notice. 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.

(e) 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.

(f) 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 30

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.

(g) 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; and

(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.

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the DeKalb County School District Board of Education to provide maximum practicable
opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area
firms. Small businesses, women and minority-owned business sources will not be given unfair
advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or
noncompetitive procurement (2 CFR 200.321). Positive efforts include:

i. Placing qualified small and minority businesses, women's business enterprises and labor surplus
firms on solicitation lists;
ii. Assuring that small and minority businesses, women's business enterprises and labor surplus firms
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, women’s business enterprises and labor
surplus firms;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, women's business enterprises and labor surplus firms;
v. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce;
and
vi. Requiring the prime vendor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited
from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a
complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue,
SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are
hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at
(800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 31

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

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)

Compliance with all applicable standards, orders, or requirements issued under section 306 of the
Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Vendor certifies that none of the
facilities it uses to produce goods provided under the Contract are on the Environmental Protection
Authority (EPA) List of Violating Facilities. Vendor will immediately notify the School Food Authority of
the receipt of any communication indicating that any
of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean
Air Act
(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency (EPA).

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 DeKalb County School District Board of Education, School Nutrition Program
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 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.

X. NON-COLLUSION STATEMENT

"I certify that this bid is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in
all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State
and Federal law and can result in fines, prison sentences, and civil damage awards.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 32

I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the
Bidder per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia
annotated 45-10-20 et seq. have not and will not be violated in any respect." See Attachment I -
Non-Collusion Statement

XIII. 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 DeKalb County School District Board of Education 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; and
• An organization which employs or is about to employ one of the above.
Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything
of monetary value from vendors or parties to sub-agreements; and the purchase of any food or service
from a vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or
school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of
such items as used oil, empty cans, and the like will be sold by contract between the DeKalb County
School District School Nutrition Department 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 DeKalb County School District School Nutrition Department will not be responsible for any other
explanation or interpretation which anyone presumes to make on behalf of the Board of Education.

XIV. DUTY TO EXAMINE

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

XV. 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.

XVI. VELOCITY REPORT (where applicable)

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

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

Vendor verifies its compliance with O.C.G.A. § 13-10-91 and is authorized to use and uses the federal
work authorization program commonly known as E-Verify, by completing Attachment H -
Immigration and Security Form
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 33

Special Terms and Conditions
I. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment)
The School Nutrition Program 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 School Nutrition
Program 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 to delivery of processed
items to designated delivery site.
• 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 District 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. PRPRIETARY 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. Provide information on a flash drive or CD separate from the bid and marked
“NUTRITIONAL INFORMATION”. Or website access must be provided, complete with login
information and web address for access with bid documents.
c) FAILURE TO MEET CN LABEL/PRODUCT ANALYSIS REQUIREMENTS

• 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 District.

EQUIVALENT/ALTERNATE PRODUCTS

Equivalent/alternate products must be bid on items where 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 34

3. Product has been personally investigated and determined that it is equal or superior in all
respects to that specified.
4. Supplier will provide the same guarantee for the equivalent/alternate item as they would for
specified product indicated in the bid documents.

IV. METHOD OF PAYMENT and PRICING INFORMATION
a) Prices: All prices offered shall be firm against any increase for 12 consecutive months 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. (See examples
below:
• 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,
• And/or other valid third party.)

Request for price increases and/or decreases must be submitted to the DeKalb County School District
at the time of each annual renewal. The aforementioned third-party publication/documentation must
accompany requested price increases. The Dekalb 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 10% 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.

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 School Nutrition Program 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. 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.

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

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

DeKalb County School District School Nutrition Department
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 35

V. METHOD OF SHIPMENT/DELIVERY (where applicable)
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.

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

c) In an emergency situation in which the School Nutrition Program 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.

d) 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.

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

f) 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 School Nutrition Program 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 School Nutrition Services
Executive Director will request the termination of contract for cause to the Vendor Services
Director.

VI. EVALUATION FACTORS
1) Bids will be evaluated in accordance with the required specifications as listed in this IFB. At the
School Nutrition Program’s discretion, a bid may be eliminated from consideration for failure to
comply with any required specifications, depending on the nature and extent of non-compliance.

In addition to meeting mandated specifications, bids will be evaluated for the ability of the
Bidder to provide, in the School Nutrition Program’s opinion, the best overall solution to meet
the School Nutrition Program’s specifications.

2) The School Nutrition Program reserves the right to award a single contract for the total
requirement of the IFB or award multiple contracts on a group or line-item basis in any
combination that best serves the interest of the School Nutrition Program.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 36

SUBSTITUTION CLAUSE
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.

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

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

c) Addendum: If clarification of the specifications/instructions is required the request shall be made in
writing no later than the time and date specified on the Invitation for Bid Timeline. The school district
will respond to the request in the form of an addendum issued to all potential bidders. No addendum
will be issued within five working days of the date and time of bid opening.

d) Bid examination
i) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of
existing conditions, limitations, and requirements. Failure to examine the documents will not
relieve the Bidder of responsibility for same nor will extra payment or change order requests
be considered for conditions which could have been determined by examining the
solicitation.

ii) Bids will be considered as conclusive evidence of complete examination and understanding
of the terms and conditions of the bid documents including the specifications and all
requirements thereof of the IFB. It is understood that submission of a bid indicates full
acceptance of the same by the parties submitting the bid. Furthermore, by submitting a bid
the Bidder waives the right to claims for additional time or monetary compensation for all
work without limit required to complete the contract which could have been obtained by the
Bidder through examination of all documents or raising a question regarding requirements
prior to submitting a bid.

e) Rejection or Disqualification of bids
i) A bid that is incomplete, obscure, conditioned or contains additions not called for or
irregularities of
any kind, (including alterations or erasures), which are not initialed and dated, may be
rejected as
non-conforming.

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

iii) The School Nutrition Program reserves the right to disqualify bids upon evidence of collusion
with intent to defraud or other illegal practices upon the part of the Bidder.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 37

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

v) Any Bidder who has demonstrated and documented poor performance during a current or
previous agreement, within the last 3 years, with the School Nutrition Program may be
considered a non-responsible Bidder and their bid may be rejected. The School Nutrition
Program reserves the right to exercise this option as is deemed proper and/or necessary.

vi) The School Nutrition Program reserves the right to accept or reject any or all bids, or to
accept any part of a bid without accepting the whole thereof, or to accept such bid as they
deem to be in the best interest of the School Nutrition Program.

f) Evidence of Financial Capabilities (not required: best practice): After the bid opening, Bidders
must be prepared to present suitable evidence of their financial standing within three (3) business
days after request by the SFA. This evidence would include an income statement, balance sheet
and statement of cash flow accompanied by an auditor’s report attesting to the accuracy of the
financial statements.

g) Offer Acceptance Period – Bids received are an irrevocable offer for 60 days after the bid opening
time and date.

VIII. ORDERING INFORMATION
a) Credit: A 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.

b) 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 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) Emergency orders: In an emergency situation in which the Vendor cannot provide the supplies
within the emergency delivery period, the School Nutrition Program has the option to purchase those
supplies from another source with no penalty to either party.

IX. AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the School Nutrition Program 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.

X. ASSIGNMENT

The vendor shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements
with the School Nutrition Program, or its rights, title, or interest herein, or its power to execute such
agreement, to any other person, company, or corporation without the previous consent and written
approval by the School Nutrition Program.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 38

XI. 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 School Nutrition Program, its elected
officials, employees and agents from and against any and all liability, damages, claims, suits, liens,
and judgments (including reasonable attorney’s fees), of whatever nature, for injuries to or death of
any person or persons, or loss of or damage to property, to the extent attributable to the negligent acts
of vendor, its sub vendors or its respective agents, servants, or employees or such parties’ failure to
perform in accordance with the provisions of the contract resulting from this IFB.

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

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

XIII. FORCE MAJEURE
If the School Nutrition Program, in its reasonable discretion, determines that the Force Majeure Event is
likely to delay Vendor’s performance for more than thirty (30) days, the School Nutrition Program
reserves the right to cancel the agreement between the parties. In that event, neither party shall have
any further liability to the other, subject only to the School Nutrition Program's obligation to pay the
Vendor for work already completed by the Vendor and the Vendor’s warranty for work already
completed.

XIV. EVIDENCE OF INSURANCE
a) The successful bidder, at its expense, shall carry and maintain in full force at all times during the term of
the contract resulting from this IFB the following insurance:

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

c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until
completion of all duties to be performed hereunder by the Vendor, whichever shall occur later.

XV. EXCEPTIONS
A Bid submitted in response to this IFB constitutes a binding offer to comply with all terms, conditions,
special conditions, general specifications, and requirements stated in this IFB, except to the extent that
a Bidder takes exception to such provisions. To take exception to a provision of this IFB, the Bidder
must clearly identify in the BID EXCEPTION FORM: (a) the number and title of each section of this
IFB that the Bidder takes exception to; (b) the specific sentence within such section that the Bidder
takes exception to; and (c) any alternate provision proposed by the Bidder. See Attachment L- Bid
Exception Form

XVII. 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 School Nutrition Program's operations.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 39

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

XX. 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.

XXI. 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.

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

XXIII. FOOD RECALLS AND BIOSECURITY (required)
7 CFR 250 Vendor shall be expected to comply with all federal, state, and local mandates
regarding the identification and recall of foods from the commercial and consumer marketplace.
Vendor shall have a process in place to effectively respond to a food recall. The process must
include accurate and timely communications to the SFA and assurance that unsafe products are
identified and removed from SFA sites in an expedient, effective, and efficient manner. Selected
Vendor will be expected to maintain all paperwork required for immediate and proper notification of
recalls for full and split cases. Vendor will define their policy and procedures for handling food
recalls on a separate document to be submitted along with bid.

Vendor will provide the food recall contact person and the backup person’s contact information to
the school nutrition director or designee by completing the chart below. Food recall procedures can
be found in 7 CFR 250.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 40

Food Recall Contact Information:
Company Name
Contact Name
Phone Number(s)
E-mail address

Back-Up Contact Name
Phone Number(s)
E-mail address

School System Name
School Nutrition Contact Name
Phone Number(s)
E-mail address

Back-Up School Nutrition Contact
Name
Phone Number(s)
E-mail address

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

XXIV. CONTRACT WORK HOURS/SAFETY STANDARDS ACT
(40 U.S.C. 3701-3708) (where applicable) All contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each vendor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles.

XXV. DAVIS BACON ACT (for construction contracts in excess of $2,000) [Appendix II to 2 CFR
200(d)]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-
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 41

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 non-
Federal entity 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 non-Federal entity must report all
suspected or reported violations to the Federal awarding 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 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 non-Federal entity must report all
suspected or reported violations to the Federal awarding agency. If applicable only.

XXVI. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
[Appendix II to 2 CFR 200(f) (if applicable) If the Federal award meets the definition of “funding
agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.

XXVII. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323) (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 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.

C. References Upload this document under the Response Attachment tab via IonWave titled
“References”.
Bidder must provide the names and contact phone numbers of at least three (3) current clients, preferably
clients comparable to DCSD, for whom the bidder is providing or has provided comparable services. Bidder’s
Reference Form, References will be contacted.

D. Brochures, Catalogs, Manuals, Websites, Literature
In addition to the formal response to this ITB, all bidders 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 42

E. REQUIRED CONTENT / DOCUMENT CHECKLIST

All potential respondents must register as a vendor athttps://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.

Bidders are required to upload one (1) pdf. copy electronically via
https://dekalbschoolsga.ionwave.net/Login.aspx of their response. Responses must be submitted on 8 ½”
x 11” single-sided stock. Bidders must reply in a narrative to each requirement and question. “Understand and
comply” responses are not acceptable. All ITB submissions must include the following items and attachments.

The Invitation to Bid document, ITB 26-729 USDA Product Processing (MUST BE the first document in
the submission); this document is located at https://dekalbschoolsga.ionwave.net/Login.aspx

Table of Contents for your submission

• Audited Company Financial Statements/Company Annual Reports for 2023 and 2024 (Upload
Required)
• Business License (Upload Required)
• Certificate of Insurance (Upload Required)
• Attachment A – Lobbying Form & Disclosure (Upload Required)
• Attachment B – Suspension and Debarment Certification (Upload Required)
• Attachment C – Bid Form, Attachment (Upload Required)
• Attachment C1 – Bid Form, Attachment C-1 (Upload Required)
• Attachment D – Critical Paragraphs (Upload Required)
• Attachment E – Bidder’s Client Reference Form (Upload Required)
• Attachment F – Statement of Confidentiality and Non-Disclosure (Upload Required)
• Attachment G – Conflict of Interest (Upload Required)
• Attachment H – Immigration & Security Certification (Upload Required)
• Attachment I – Non-Collusion (Upload Required)
• Attachment J – Civil Rights Statement and Assurance (Upload Required)
• Attachment K – Bid Exception Form (Upload Required)
• Attachment L – Signature Page (Upload Required)
• Brochures, manuals, websites, literature, and/or other marketing media
• Product Data Sheets (Upload Required)
• End Product Data Schedules (Upload Required)
• HACCP Compliance (Upload Required)
• Child Nutrition Label and/or Product Formulation Sheet (Upload Required)
• Product Specification Sheet (Upload Required)
• Georgia Summary End Product Data Schedule (Upload Required)
• Sample Copy of Bidder’s Invoice (Upload Required)
• Food Recalls and Biosecurity Policy (Upload Required)
• Addenda – Each Addendum must be printed, signed, and uploaded (if applicable).
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 43

ATTACHMENT A
ITB 26-729 USDA Product Processing
LOBBYING FORM & DISCLOSURE

Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)

1. Type of Federal Action: 2. Status of Federal Action:
a) Contract a) bid/offer/application
b) Grant b) initial award
c) cooperative agreement c) post-award
d) loan
e) loan guarantee 3. Report Type:
f) loan insurance a) initial filing
b) material change

For material change only:
Year _______ quarter _______
Date of last report___________

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Sub awardee,
____ Prime _____ Sub awardee Enter Name and Address of Prime:
Tier______, if Known:

Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: ____________

8. Federal Action Number, if known: 9. Award Amount, if known:
$

10. a. Name and Address of Lobbying Registrant 11. Individuals Performing Services (including address if
(if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI):

15. Information requested through this form is authorized by title
31 U.S.C. section 1352. This disclosure of lobbying activities is a Signature: __________________________________
material representation of fact upon which reliance was placed by
the tier above when this transaction was made or entered into. This Print Name: _____
disclosure is required pursuant to 31 U.S.C. 1352. This information
will be reported to the Congress semi-annually and will be available Title: _____
for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure. Telephone No.: ____________ Date: _______

Federal Use Only Authorized for Local Reproduction
Standard Form – LLL (Rev. 7-97)
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 44

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a
covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State, and zip code of the reporting entity. Include Congressional District, if known. Check the
appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify
the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to
subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Sub awardee,” then enter the full name, address, city, State and zip code of
the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for
Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award
number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995
engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services and include full address if different from 10(a).
Enter Last Name, First Name, and Middle Initial (MI).

11.The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are 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 OMB No. 0348-0046. Public reporting burden for this collection of information is estimated
to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 45

ATTACHMENT B
ITB 26-729 USDA Product Processing
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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 46

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.

Form AD-1047 (REV 12/22)
Page 2 of 2
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 47

ATTACHMENT C
ITB 26-729 USDA Product Processing
Bid Form

Offeror must provide costs to DCSD associated with providing the services requested in this ITB.

DCSD reserves the right to request and negotiate a “best and final offer” response from bidders.

Please provide pricing as requested for the items listed (as applicable) on Attachment C1– Bid Form,
via https://dekalbschoolsga.ionwave.net/Login.aspx. Pricing shall include all labor, materials, tools,
specialized equipment, supplies, trained personnel, insurance, travel, per diem, direct and indirect
administrative costs, overhead, tolls, parking, fuel, and all other costs and charges necessary to perform
the services below in accordance with this ITB.

_________________________________________________________________________________________
Company Name

_________________________________________________________________________________________
Authorized Company Representative Name Title

_________________________________________________________________________________________
Authorized Company Representative Signature Date

_________________________________________________________________________
Address

______________________________
Phone

______________________________
Email
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 48

ATTACHMENT D
ITB 26-729 USDA Product Processing
Critical Paragraphs

Vendors 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 vendor agrees to
comply with the requirement, stipulations, terms and conditions. Attach and label “Critical
Paragraph.”

1) ____ This ITB does not commit DCSD to any to this ITB. DCSD is not liable for any costs incurred by
a vendor in responding to this ITB. There is no guarantee of any vendor receiving an award or
contract as a result of submitting a response to this ITB.
2) ____ Any news release or publicity pertaining to any phase of this ITB 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 vendors to make themselves aware of and to comply with any
addenda, questions and answers posted to the DCSD website in relation to this ITB. All
addenda must be printed, signed by the certifying official and included in the ITB submittals.
Failure to do so will cause the offeror to be deemed non-responsive to the requirements of this
ITB.

4) ____ Vendors to the ITB agree to fully indemnify DCSD as stated in the ITB, Part II, H.

5) ____ Vendors 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) ____ Vendor understands that this solicitation requires Board of Education Approval.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 49

ATTACHMENT E
ITB 26-729 USDA Product Processing
Vendor’s Client Reference Form
(Please copy this form and use one form per reference.)
Attach and label “Vendor’s Client References.”

_______________________________
Company Name Providing Reference

_______________________________
Address City/State/Zip

_______________________________
Name of Contact Person

_______________________________
Telephone Number of Contact Person

_______________________________
Email Address of Contact Person

_______________________________
Date/Duration of Service Relationship

Describe in Detail Services Provided (use additional sheets if necessary):

__________________________________________________________________________________________

Important! This is a vital part of your ITB submission. DCSD will verify client references.
It is advisable that you inform your reference contact person that you have listed them
for reference.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 50

ATTACHMENT F
ITB 26-729 USDA Product Processing

Statement of Confidentiality and Non-Disclosure

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

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

The vendor 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 vendor to ensure that it is not improperly disclosed.

________________________________________________________________________________________
Company Name

_________________________________________________________________________________________
Authorized Company Representative Name Title

_________________________________________________________________________________________
Authorized Company Representative Signature Date
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 51

ATTACHMENT G
ITB 26-729 USDA Product Processing

Conflict of Interest

Upload this documentation under the Response Attachment tab via IonWave titled “CONFLICT OF
INTEREST”

Bidder 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. Bidders 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 Bidder’s company or
any of its branches. In the event the Bidder 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 Bidder 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 Bidder 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. Bidders shall certify that their response to this Bid is impartial, at arms-
length, and free of any conflict of interest at this time, unfair advantage, or personal benefit to any DCSD
official.
Bidder must sign below acknowledging the above statement.

_________________________________________________________________________________________
Company Name

_________________________________________________________________________________________
Authorized Company Representative Name Title

ATTACHMENT H
ITB 26-729 USDA Product Processing

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 throug hout 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 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.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 53

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: ___________________________
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 54

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: USDA Product Processing

Solicitation Number (if applicable): ITB 26-729

Name of Public Employer: DeKalb County School District

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 Agent:

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

Notary Public

My Commission Expires:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 55

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: USDA Product Processing

Solicitation Number (if applicable): ITB 26-729

Name of Public Employer: DeKalb County School District

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 Agent:

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

Notary Public

My Commission Expires:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 56

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: USDA Product Processing

Solicitation Number (if applicable): ITB 26-729

Name of Public Employer: DeKalb County School District

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 Agent:

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

Notary Public

My Commission Expires:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 57

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: USDA Product Processing

Solicitation Number (if applicable): ITB 26-729

Name of Public Employer: DeKalb County School District

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 Agent:

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _________, 20___.

Notary Public

My Commission Expires:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 58

ATTACHMENT I
ITB 26-729 USDA Product Processing

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.

_________________________________________________________________________________________
Company Name

_________________________________________________________________________________________
Authorized Company Representative Name Title

_________________________________________________________________________________________
Authorized Company Representative Signature Date

_________________________________________________________________________
Address

______________________________
Phone

______________________________
Email
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 59

ATTACHMENT J
ITB 26-729 USDA Product Processing
CIVIL RIGHTS STATEMENT AND ASSURANCE
The DeKalb County School District hereby agrees that it will comply with:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);
iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA
Amendment Act of 2008 (42 U.S.C. 12131-12189);
vii. Executive Order 13166, "Improving Access to Services for Persons with Limited English
Proficiency." (August 11, 2000);
vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA)
(7 CFR Part 15 et seq.);
ix. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);
ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the
grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be
denied the benefits of, or otherwise be subject to discrimination under any program or activity for
which the Program applicant receives Federal financial assistance from USDA; and hereby gives
assurance that it will immediately take measures necessary to effectuate this Agreement.
x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S.
Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies,
offices, and employees, and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin, religion, sex, gender identity
(including gender expression), sexual orientation, disability, age, marital status, family/parental
status, income derived from a public assistance program, political beliefs, or reprisal or retaliation
for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases
apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial
assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal
property and interest in property, the detail of Federal personnel, the sale and lease of, and the
permission to use Federal property or interest in such property or the furnishing of services without
consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of
assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or
furnishing of services to the recipient, or any improvements made with Federal financial assistance
extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or
other contract that has as one of its purposes the provision of cash assistance for the purchase of food,
and cash assistance for purchase or rental of food service equipment or any other financial assistance
extended in reliance on the representations and agreements made in this assurance.
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 60

By accepting this assurance, the DeKalb County School District agrees to compile data, maintain records,
and submit records and reports as required, to permit effective enforcement of nondiscrimination laws
and permit authorized USDA personnel during hours of program operation to review and copy such
records, books, and accounts, access such facilities and interview such personnel as needed to ascertain
compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department
of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance
is binding on the DeKalb County School District, its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from USDA. The person or persons whose
signatures appear below are authorized to sign this assurance on behalf of the DeKalb County School
District.

Signature: ___________________________________________________________________
Title: ________________________________________________________________________
Printed Name: ________________________________________________________________
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 61

ATTACHMENT K
ITB 26-729 USDA Product Processing

BID EXCEPTION FORM

Vendor Name: Invitation for Bid (IFB) for: Date of Submittal:
School System:
Type:
Number and Title of each section Number and Title : Number and Title :
of IFB that Bidder takes exception

Section: Section:

Specific Sentence within each Sentence: Sentence:
section

Alternate Provisions proposed Alternate: Alternate:
by Bidder

Vendor’s Authorization Signature:

Vendor’s Authorization printed name:

Vendor’s Title:
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 62

ATTACHMENT L
ITB 26-729 USDA Product Processing

SIGNATURE PAGE

I certify that I have read this ITB document in its entirety and agree to conform to and comply with the terms,
conditions and requirements of this ITB. I also certify that I am a duly appointed official of the offering
company with the authority to authorize and engage this ITB submittal. Further, I certify that the contents
of the response to this ITB 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
ITB 26-729 ______ USDA PRODUCT PROCESSING _____ ______ PAGE 63

END

SOLICITATION

Agenda Item