Request For Proposals
Food Service Management Company
For:
Summer Food Service Program
Issued by:
Family League of Baltimore
2305 North Charles Street, Suite 200
Baltimore, MD 21218
410.662.5500
Proposals Due:
May 18, 2016 by 4:00 p.m.
TABLE OF CONTENTS
PART I – GENERAL INFORMATION / PageA.Intent / 1
B.Proposal Submission and Award / 1
C.Incurred Cost / 2
D.Subcontracts / 2
E.Contract Terms / 2
F.Proposal Meeting Questions / 2
G.Late Proposals / 2
H.Bonding Requirements / 2
I.Nonperformance and Excess Costs / 2
J.Health Department Certification / 2
K.Non-Payment for Spoilage / 3
L.Gifts from FSMC / 3
M.Advisory Board / 3
N.Menu Template / 3
O.Selection of Manager / 3
P.Code of Conduct / 3
Q.Economic Price Adjustment and Price Renegotiation / 3
PART II –CONTRACT SCOPE
A.General Requirements / 4
B.Responsibilities of the Agency / 4
C.Responsibilities of the Food Service Management Company (FSMC) / 5
D.Purchases / 5
E.Sanitation / 6
F.Uniform Administrative Requirements, Cost Principles and Audit Requirements / 6
G. Use of Facilities and Equipment / 6
H.License, Fees, Taxes / 6
I.Terms and Termination / 6
J.Recordkeeping / 6
K.Revenue / 7
L.Payment of Fees / 7
M.Emergency Closings / 7
N.Indemnification / 8
O.Quantities / 8
TABLE OF CONTENTS
PART III – PROPOSAL QUALIFICATIONSA.Required Qualifications / 9
B.Award Criteria / 11
RESOURCES
A.Summer Food Service Program Meal Pattern Requirements / 12
PART IV – APPENDICES
A. Complete for Food Service Management Company– Meals Only
A-1. Services Desired / 13
A-2. Types of Program Meals Desired / 14
A-3. Service Areas / 15
A-4. Additional Required Specifications and Expectations of FSMC / 21
A-5. Menu Template / 24
A-6 Proposal, including narrative response, documentation, and required statements / 25
A-7. Bond Information / 27
A-8. Agreement Page / 28
A-9. Disclosure of Lobbying Activities / 29
PART I
GENERAL INFORMATION
A.Intent
This solicitation is for the purpose of entering into a fixed price contract for providing food services forFamily League of Baltimore, hereinafter referred to as the Agency. The statements, items, and criteria set forth herein are the minimum requirements to be provided in the bid/proposal submission and the contractual arrangements.
B.Proposal Submission and Award
1.The forms provided and accompanying documentsmust be submitted to:
Jonathon Rondeau, President and CEO
Family League of Baltimore
2305 N. Charles Street, 2nd Floor
Baltimore, MD 21218
Applicants may submit a proposal for one of the service areas detailed in Appendix C. Proposals will be accepted until 4:00 p.m. on May 18, 2016. Allow enough time for delivery before the due date and time.
2.The Agency reserves the right to reject any or all bids/proposals, if deemed to be in the best interest of the Agency.
3.To be considered, each applicantmust submit a complete response to the Request for Proposals (RFP). No other distribution of a proposal is to be made by the applicant. Applicantsmust complete, sign, and submit Parts I, II, III, and all applicable Resources and Appendices.
4.Award shall be made to the responsible applicantwhose proposal is most advantageous. A responsible applicantis one who’s financial, technicaland other resources indicate an ability to perform as required by this RFP.
5.If more than one proposal is offered by any one party, by or in the name of a clerk, partner, or other assistant or employee, all such proposals will be rejected.
6.Applicants are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the applicant’s own risk and applicantcannot secure relief on the plea of error. If the applicant desires to personally examine the job site(s) to relate the conditions existing at each site to the requirements RFPdocument, the visits should be scheduled by contacting:Jonathon Rondeau, President and CEO at or 410-662-5500.
7.Applicantswill comply with the following:
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, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
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 Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may 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 complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: 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: .
This institution is an equal opportunity provider.
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The Maryland State Department of Education does not discriminate on the basis of race, color, sex, age, national origin, religion, disability, or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. For inquiries related to Department policy, please contact:Agency Equity Officer, Equity Assurance and ComplianceOffice, Office of the Deputy State Superintendent for Finance and Administration, Maryland State Department of Education, 200 W. Baltimore Street - 6th Floor, Baltimore, Maryland 21201-2595, 410-767-0433 – voice, 410-767-0431 – fax, 410-333-6442 - TTY/TDD.
- The bid/proposal of the selected Food Service Management Company (FSMC) must be reviewed by the Maryland State Department of Education (MSDE)for regulatory compliance upon acceptance by the Agency and prior to final execution.
9.Any proposal submitted shall be in accordance with the laws of the State of Maryland and regulations of the U.S. Department of Agriculture.
C.Incurred Cost
The Agency is not liable for any cost incurred by any bidder prior to signing of a contract by all parties.
D.Subcontracts
The use of subcontracts is not allowed.
E.Contract Terms
This contract shall be for a period of one year beginning on or aboutJune 1, 2016and endingMay 31, 2017with the option of up to four one-yearrenewals by mutual written agreement between the Agency and the FSMC. Each contract extension must be reviewed and consented to by MSDE prior to awarding the extension.
F.Pre-Proposal Meeting/Questions
A Pre-proposal meeting is scheduled for May 12, 2016 from 10:00 a.m. – 11:00 a.m. at Family League offices, 2305 N. Charles Street, Baltimore, Maryland 21218. Attendance is recommended but not required.
G.Late Proposals
Any proposals received after the exact time specified for receipt will not be considered.
H.Bonding Requirements
1.Each Applicant which submits a proposal over $150,000 shall obtain a bid bond in an amount not less than five (5) percent nor more than ten (10) percent, as determined by Family League, of the value of the contract for which the proposal is made. A copy of the bid bond shall accompany each proposal.
2.Each Applicant which enters into a food service contract for over $150,000 shall obtain a performance bond in an amount not less than ten (10) percent and no more than twenty-five (25) percent of the value of the contract for which the bid is made. Any Applicant which enters into more than one contract with Family League shall obtain a performance bond covering all contracts if the aggregate amount of the contracts exceeds $150,000. Applicant shall be required to furnish a copy of the performance bond within ten days of the awarding of the contract.
3.Applicant shall obtain bid bonds and performance bonds only from surety companies listed in the current Department of the Treasury Circular 570. Applicant many not post any ‘‘alternative’’ forms of bid or performance bonds, including but not limited to cash, certified checks, letters of credit, or escrow accounts.
I.Nonperformance and Excess Costs
Nonperformance shall subject the FSMC to specified sanctions, outlined in the contract, in instances where the FSMC violates or breaches contract terms and/or federal and State law or regulation.In the case of nonperformance or noncompliance by the FSMC, the FSMC shall pay the Agency for any excess costs incurred by the Agency for obtaining meals from another source.
The FSMC will be paid by the Agency for all meals delivered in accordance with the contract and Programregulations. However, neither the USDA nor MSDE assumes any liability for the payment of differences between the number of meals delivered and the number of meals served.
J.Health Certification and Inspection
1. The FSMC shall have the most recent authorized State or local health official’s certification for any facilityor vehicle that it proposes to prepare meals and shall maintain such certification for the duration of the contract. The certification must cover the transport of food from the facility to the site.
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2.FSMC must ensure that meals are inspected periodically to determine bacteria levels present in the meals and that the bacteria levels found to be present in the meals conform to the standards set by local health authorities. The results of the inspections must be submitted promptly to the Agency and to the State agency.
K.Nonpayment for Spoilage
No payment shall be made for meals that are spoiled or unwholesome at time of delivery, or do not meet detailed specifications as developed by the Agency for each food component specified, or do not otherwise meet the requirements of the contract.
L.Gifts from FSMC
The MSDE’s or Agency’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from FSMC or potential FSMC. To the extent permissible under State law, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards either by the State Agency's or Agency’s officers, employees, or agents, or by the FSMC or their agents.
M.Advisory Board
If requested by Agency, the FSMC will participate and assist in the formation and establishment of a food service advisory board composed of parents, teachers, administrators, and participants to assist in meal planning.
N.Menu Template
1.The 21-day Menu Template (see Appendices) must be used as a standard for the purpose of estimating average cost per meal. The 21-day Menu Template must be adhered to for the first 21 days of meal service. Changes thereafter may be made with the approval of the Agency. However, any changes must equal or exceed the original 21-day menu.
2.Menus must comply with the requirements as described in the federal regulations 7 CFR Part 225. The Agency has outlined the requirements of the method for meeting the requirement in Part IV, Resource A.
a.All bids must include a 21-day Menu Template. The Agency will evaluate the 21-day Menu Template according to the applicable program’s meal pattern requirements.
b.The Agency may request information such as sample production records, recipes (USDA and/or local) and the nutrient analysis of all manufactures’ products used to conduct an independent analysis of any menu in the 21-day Menu Template.
3.“Maryland Monday” is a practice where the Monday menu includes at least one food item that is grown and/or produced in Maryland. If this can be implemented, Applicants can indicate which menu item represents Maryland Monday by putting an “MM” next to the item.
O.Selection of Manager
If applicable, the Agency reserves the right to interview and approve the on-site food service manager.
P.Code of Conduct
Agency will maintain a written code of conduct governing the performance of their officers, employees, or agents engaged in contract awards and administration when the contract is funded in whole or in part by USDA program funds.
Q.Economic Price Adjustment and Price Renegotiation
Adjustment and/or renegotiation of meal prices may be allowed in the option years of the agreement. An adjustment or renegotiation allows the Applicant to increase their price to the Agency and allows the Agency to demand a price reduction. The adjustment shall be based on the annual adjustment of reimbursement rates for the Summer Food Service Program. The price increase shall not exceed the increase in the reimbursement rates. Subsequently, if the reimbursement rates are decreased the Agency shall have the right to request a reduction in the price. The Reduction shall not exceed the decrease in the reimbursement rates.
The Agency must forward all documentation to MSDE for review.
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PART II
CONTRACT SCOPE
A.General Requirements
1.The food service shall be operated and maintained as a benefit to the Agency’sparticipants, faculty, and staff.
2.The food service shall be managed to promote maximum participation in the Summer Food Service Program (SFSP).
3.The /FSMC shall have the exclusive right to the food service program at the site(s) specified in the Appendices.
4.The Agency and the FSMCwill operate in accordance with program regulations specified in 7 CFR Part 225 and 2 CFR Part200.
5.The FSMC shall provide the type of food service at sites as specified in the Appendices. By mutual agreement, sites may be added to or deleted. However, sites are limited to attendance units of the Agency.
6.Subcontracting is prohibited.
7.The Agency reserves the right to maintain food and beverage vending machines in its facilities or to have the FSMC maintain the vending. Revenues must accrue to the Agency.
8.The FSMC shall be independent and not an employee of the Agency. The employees of the FSMC are not employees of the Agency.
9.The FSMC shall conduct the food service in such a manner as will ensure compliance with the policies and regulations of MSDE and USDA regarding the Program(s) and any additions or amendments thereto.
10.The Agency shall have the ultimate legal responsibility for the conduct of the food service and shall supervise the food service in such a manner that will ensure compliance with the policies and regulations of MSDE and USDA regarding the Programand any additions or amendments thereto.
B.Responsibilities of the Agency
1.The Agency shall ensure that the food service is in conformance with its Permanent Agreement and Permanent Policy Statement for the SFSP.The Agency will make accessible a copy of both documents.
- The Agency shall retain control of the quality, extent, and general nature of its food service and the prices to be charged for meals.
3.The Agency maintains the responsibility for preparing and submitting financial and other reports andclaims for reimbursement to MSDE.
4.The Agency shall monitor the food service through periodic on-site visits to include inspection of meals, food preparation, storage and service areas, and sanitation practices.
5.The Agencyshall approve the menus and recipes and if necessary complete nutrient analysis on USDA approved software of FSMC recipes and other food to be served or sold to participants to ensure compliance with rules and regulations of MSDE and USDA.
6.The Agency shall retain signatory authority for the annual update for participation in the Program(s).
7.The Agency shall distribute, collect, and determine eligibility applications for free and reduced-price meals and/or free milk.
8.The Agency shall verify applications for free and reduced-price meals as required by federal regulations.
9.The Agency shall conduct performance, accountability, and other reviews as required by State and federal regulations and guidelines.
10.The Agency shall maintain a system for contract administration to assure contractual compliance with contract terms.
11.The Agency shall monitor contract compliance on an ongoing basis and strictly enforce all contract provisions, including those related to the return of discounts, rebates, and applicable credits.
12.The Agency shall maintain a system for assuring that the FSMC operates the food service program in conformance with the Agency’s Agreement for participation in the SFSP.
13.The Agency shall comply with mandatory standards and policies relating to energy efficiency which are contained in the EmPOWER Maryland Energy Efficiency Act.
14.The Agency shall ensure that the FSMC fully discloses all discounts, rebates, allowances, and incentives received by the FSMC from its suppliers. If the FSMC receives a discount, rebate, allowance, or incentive from any supplier, the FSMC must disclose and return to the Agency the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the Agency. All discounts, rebates, allowances, and incentives must be returned to the Agencyon a monthly basis.
15.The Agency will provide the FSMC a list of approved sites, along with projected number of meals for each site and will notify FSMC of site operational changes within a mutually agreed upon time frame.
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C.Responsibilities of the FSMC
1.The FSMC shall serve, on such days and at such times as requested by the Agency:
- Meals, priced as a unit that meet the requirements prescribed by federal and stateregulations.
- Milk, served to children pursuant to requirements of the SFSP.
- Other foods as agreed upon by the FSMC and Agency.
2.The FSMC shall provide free meals to those children designated by the Agency.
3.If required,the FSMC shall implement the "Offer versus Serve" option at the food service sites specified by the Agency.
4.The FSMC shall adhere to the 21-day Menu Template as specified by the Agency on Appendices A-5for the first 21 days of meal service. Thereafter, changes in the menu may be made with prior approval of the Agency.
a.Menus must comply with the requirements, as described in 7 CFR Part 225. The Agency has outlined the requirements for meeting this requirement in the Appendices.
b.If Agency desires, the FSMC must use USDA-approved software to complete an analysis of the 21-day menu cycle. Within ten days of award, the successful bidder must provide the sample production records, including anticipated number of participants served and the serving sizes for each offering, recipes used or nutrient analysis, completed on USDA-approved software, of company-owned recipes (USDA and/or local) and the nutrient analysis from the manufacturer of all products used.