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Child Nutrition & Wellness, Kansas State Department of Education

Child and Adult Care Food Program

REQUEST FOR PROPOSAL

SOLICITATION CONTRACT

To provide meals for sponsors of the Child & Adult Care Food Program

(Sponsor Name and Sponsor Number)

(Date Prepared)

1

Section A – Instructions

1. Definitions as used herein:

(a)The term “solicitation” means that the procurement of this solicitation/contractis advertised.

(b)The term “proposal” means the respondent’s offer to perform work described in the solicitation document at the fixed unit price specified.

(c)The term “Sponsor” means the Service Institution which issues the solicitation.

(d)The term “Respondent” means a commercial enterprise, a public or nonprofit private organization, or an individual that responds to a solicitation and potentially enters into a contract with a sponsor.

(e)The term “contractor” means the successful respondent who is awarded the contract.

1. Submission of Proposals

(a)Respondents are expected to examine carefully the specifications, attachments, terms, and conditions of this solicitation. Failure to do so will be at the respondent’s risk.

(b)Proposals must be executed and submitted in triplicate. Your proposal, if accepted, will become the contract and one copy of the contract will be forwarded to the successful respondent with the notice of award and/or purchase order. The copy marked “original” will be governing should there be a variance between that copy of the proposal and other copies submitted by the respondent. No change in the Specifications or General Conditions is allowed. Erasures on this proposal must be initialed by the respondent prior to submission. Failure to do so may result in rejection of the proposal.

(c)The proposal must include a copy of State or local health certificate for the food preparation facility (ies) to be used with the proposal package. Failure to comply with any of the above shall be reason for rejection of the proposal.

1. Explanation to Respondent

Any explanation desired by a respondent regarding the meaning or interpretation of the solicitation, specifications, etc., must be requested in writing prior to proposal opening and with sufficient time allowed for a reply to reach all respondents before proposal opening. Oral explanations or instructions given before award of the contract will not be binding. Any information given to a prospective respondent concerning a solicitation will be furnished to all prospective respondents as an amendment of the solicitation, if such information is necessary to respondents in submitting proposals on the solicitation or if the lack of such information would be prejudicial to uninformed respondents.

1. Acknowledgment of Amendments to Solicitations

Receipt of an amendment to a solicitation by a respondent must be acknowledged by signing and returning the amendment. Such acknowledgment must be received prior to the hour and date specified for proposal opening.

1. Discounts

Notwithstanding the fact that a blank is provided for a time discount, prompt payment discounts offered for payment with less than twenty (20) calendar days will not be considered in evaluating offers for award. However, offered discounts of less than 20 days will be taken if payment is made within the discount period.

1. Respondents Having Interest In More Than One Proposal

If more than one proposal is submitted by any one party, by or in the name of their clerk, partner, or other person, all such proposals shall be rejected.

1. Time for Receiving Proposals

Proposals received prior to the time of opening will be securely kept, unopened. Sealed proposals will be deposited at the address of the Sponsor no later than the exact time and date indicated on the face of this solicitation.

1. Errors on Proposals

Respondents or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the respondent’s own risk and respondent cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of respondent. In case of error in extension of prices in the proposal, the unit price shall govern.

1. Award of Contract

(a)The contract will be awarded to that respondent whose proposal conforming to the solicitation will be most advantageous to the Sponsor, price and other factors considered. Attachment D specifies the selection criteria as determined by the sponsor.

(b)The Sponsor reserves the right to reject any or all proposals and to waive informalities and minor irregularities in offers received.

(c)The Sponsor reserves the right to reject the proposal of a respondent who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal of a respondent who investigation shows is not in a position to perform the contract.

(d)The Sponsor reserves the right to accept any proposal within 30 days from the date of opening unless a shorter time is stated therein by the respondent, but any proposal on which the time of acceptance is restricted to less than ten days may be rejected solely for that reason.

1. Assurances

Contractor certifies by signing this proposal that he will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, sex, age, disability or national origin, be excluded

1. Late Proposals, Modification of Proposals or Withdrawal of Proposals (1974 SEP)

(a)Any proposal received after the exact time specified for receipt will not be considered unless it is received before award is made and it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for the receipt of proposals (e.g., solicitation requires receipt of proposals by the 20th must have been mailed by the 15th or earlier).

(b)Any modification or withdrawal of proposal is subject to the same conditions as in (a) above. A proposal may also be withdrawn in person by a respondent or respondent’s authorized representative, provided the respondent’s identity is made known and the authorized representative signs a receipt for the proposal, but only if the withdrawal is made prior to the exact time set for receipt of proposals.

(c)The only acceptable evidence to establish the date of mailing of a late proposal, modification or withdrawal sent either by registered or certified mail is the postmark by the U.S. Postal Service. If neither postmark shows a legible date the proposal, modification or withdrawal shall be deemed to have been mailed late. (The term “postmark” means a printed, stamped or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service.)

(d)Notwithstanding the above, a late modification of an otherwise successful proposal which makes its terms more favorable to the Sponsor will be considered at any time it is received and may be accepted.

Section B – Scope of Work/Specifications

1. The Sponsor has a requirement to contract for meals under the following USDA programs (check all that apply):

Child and Adult Care Food Program.

At Risk After School Meals Program (CACFP)

Summer Food Service Program

1. The successful contractor agrees to provide meals to designated locations and in accordance with contract specifications, terms, and conditions.

1. All meals furnished must meet or exceed U.S. Department of Agriculture requirements cited herein and must be in accordance with Section G, Terms and Conditions of Meals on Contract.

Section C – Unit Price Schedule

Respondents shall submit prices for meals in accordance with the contract specifications in the estimated quantities to be delivered to designated sites stated herein.

1. Pricing shall be based on the menus as described in Attachments B, Menus.

1. Numbers of servings are estimated; they are the best known estimates for requirements during the operating period. The Sponsor reserves the right to order more or less than the amounts in Attachment A.

Contractor will be paid for actual meals delivered at the unit prices shown. Sponsor does not guarantee orders for the quantities in Attachment A.

1. Evaluation of Respondent

Each respondent will be evaluated on the following factors:

(a)Financial capability to perform a contract of the scope required.

(b)Respondent must have adequate plant facilities (food preparation) with approved license certification that they meet all applicable State and local health, safety, and sanitation standards.

(c)Previous experience of the respondent for services similar in nature and scope.

(d)All other factors such as transportation capability, sanitation, and packaging will be considered.

Respondents that do not satisfactorily meet the above requirements may be rejected as a non-response and not considered for award.

1. The unit prices of each meal which the respondent agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to designated sites. Unit price shall include taxes but any charges or taxes which are required to be paid under future laws must be paid by the respondent at no additional charge to the Sponsor.

1. Meal Orders

Meals will be ordered on a day prior to the week of delivery which is mutually agreed upon by the respondent and the Sponsor; orders will be placed for the total number of days in the succeeding week, and will include breakdown totals for each site.

The Sponsor reserves the right to increase or decrease the number of meals ordered on a twenty-four hour notice or less as mutually agreed upon between parties of this contract.

1. Menu-Cycle Change Procedure

Delivered meals shall coincide on a daily basis with the menu cycle which appears in Attachment B (minimum of four weeks). Menu changes shall be agreed upon by both parties but changes will not be entertained subsequent to placement of any weekly order. Menu changes shall be approved by the Sponsor. When an emergency situation exists which might prevent the contractor from delivering a specified meal component he shall notify the Sponsor immediately so substitutions can be agreed upon. The Sponsor reserves the right to suggest menu changes within the contractor’s unit price cost periodically throughout the contract period.

1. Non-Compliance

The Sponsor reserves the right to examine and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract. The contractor will not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, and meals rejected because they do not comply with the specifications. The Sponsor reserves the right to obtain meals at a fair and reasonable price from other sources if meals are rejected due to any of the stated reasons. The contractor will be responsible for any cost verification. The Sponsor or agency inspecting shall notify the contractor in writing as to the number of meals rejected and the reasons for rejection.

Section D – Food Service Operations

1. Delivery Requirements

(a)Delivery will be made by the contractor to each site in accordance with the order from the Sponsor.

(b)Meals are to be delivered, unloaded, and placed in the designated area daily by the contractor’s personnel at the locations and times listed in Attachment A, Specifications for Meals on Contract.

(c)The contractor shall be responsible for delivery of all meals and dairy products at the specified time.

(d)Adequate refrigeration/heating shall be provided during delivery of all food to ensure the wholesomeness of food at delivery.

(e)The Sponsor reserves the right to add or delete sites. This shall be done by modification to the contract. Deletion or addition of sites will be made not less than one week prior to the required date of service.

(f)Any change in transportation cost that incurs shall be negotiated and noted in the modification. The contractor’s invoice shall show the cost as a separate item for that site.

1. Supervision and Inspection

The contractor shall provide management supervision at all times and maintain constant quality control inspections to check for portion size, appearance, and packaging in addition to the quality of products.

1. Recordkeeping

(a)Meal Transport Sheets must be prepared at a minimum of three copies: one for the contractor, one for the site, and one for the Sponsor. Meal Transport Sheets must be itemized to show the number of units of each meal component to be delivered to each site. Designees of the Sponsor at each site will check adequacy of delivery and meals before signing the Meal Transport Sheets. Invoices shall be accepted by the Sponsor only if signed by the Sponsor’s designee at the site.

(b)The contractor shall maintain records supported by Meal Transport Sheets, purchase order, production records for this contract or other evidence for inspection and reference to support payments and claims.

(c)The books and records of the contractor pertaining to the Sponsor’s feeding operation shall be available for a period of four years from the date of submission of the final claim or until the final resolution of any audit, “…the records shall be retained as long as required for the resolution of the issues raised by the audit,” for reimbursement, for inspection, and audit by representatives of the State agency; the representatives of the U.S. Department of Agriculture, Food and Nutrition Service; the Sponsor; the U.S. General Accounting Office; and USDA, Office of the Inspector General, at any reasonable time and place.

1. Method of Payment

The contractor shall submit an itemized invoice biweekly or monthly as required. Each invoice shall give a detailed breakdown of the number of meals delivered at each designated site during the preceding two weeks or month. Payment will be made at the unit price proposal for that item. No payment shall be made unless the required delivery receipts have been forwarded as herein specified and signed by the site representative of the Sponsor.

1. Inspection of Facility

(a)The Sponsor, the Kansas State Department of Education, and the U.S. Department of Agriculture reserve the right to inspect the contractor’s preparation facilities prior to award and at any time without notice during the contract period.

(b)The contractor’s facilities shall be subject to periodic inspections by State and local health departments or any other agency so designated to inspect food quality for the State. This will be accomplished in accordance with U.S. Department of Agriculture regulations.

1. Insurance

The contractor will procure and maintain the following insurance:

(a)Workmen’s Compensation Insurance as prescribed by the laws of the State of Kansas.

(b)Comprehensive Bodily Injury, Property Damage, Liability, and Products Liability Insurance, including bodily injury and property damage caused by automobiles, for injury or death of any one person and for injury or death of any two or more persons in any one accident, for property damage in any one accident, and for products liability in any one accident shall be in amounts such as would be recoverable under the Kansas Tort Claims Act.

The contractor shall furnish the Sponsor with such evidence of insurance, including insurance covering Contractor’s Contractual Liability hereunder as the Sponsor may reasonably require.

(c)Contractor shall indemnify Sponsor and the State against any loss or damage (including attorney’s fees and other costs of litigation) caused by the contractor’s negligent acts or commission of contractor’s agents or employees.

Contractor expressly agrees to defend any suit against the Sponsor alleging personal injury, sickness or disease arising out of consumption or use of the merchandise sold, as well as any loss resulting from pilferage by contractor’s employees.

The Sponsor shall promptly notify the contractor and the State agency in writing of any claims against either contractor or Sponsor and in the event of a suit being filed, shall promptly forward to the contractor and the State agency all papers in connection therewith. The Sponsor shall not incur any expense or make any settlement without contractor’s consent; provided however, that if contractor refuses or neglects to defend any such suit, Sponsor may defend, adjust or settle any such claim, and the costs of such defense, including reasonable attorney’s fees to be charged to contractor’s account.

1. Availability of Funds

The Sponsor shall have the option to cancel this contract if the Federal Government withdraws funds to support the program. It is further understood that, in the event of cancellation of the contract as herein described, the Sponsor shall be responsible only for meals that have already been delivered or assembled, as provided in Section D, Specification 2, Food Preparation, at the time of cancellation.

1. Accuracy and Delivery Times

Contractor will be held responsible for accuracy of number of meals delivered. Contractor must provide exactly the number of meals ordered. Counts of meals will be made at all sites before meals are accepted for payment. Damaged or incomplete meals will not be included when the number of delivered meals is determined.

1. Emergencies

In the event of unforeseen emergency circumstances, the contractor is required to immediately notify the Sponsor by telephone of the following: (1) the impossibility of on-time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than one (1) hour after specified meal times.

Emergency circumstances at the site precluding utilization of meals are the concern of the Sponsor. The Sponsor reserves the right to cancel orders if the contractor is given at least 48 hours notice. Deliveries will be received and payment made for same, in situations wherein notification to the contractor was not made in time to “hold” or “recall” deliveries.

Emergency situations affecting the contractor’s ability to deliver meals, or Sponsor’s ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the contractor and the Sponsor.

1. Termination

The contract may be terminated by either party upon submission to the other party of written notice at least 30 days prior to the date of termination. A copy of the termination letter shall be sent to the Assistant Director of Child Nutrition & Wellness, Kansas State Department of Education,900 SW Jackson Street Suite 251, Topeka KS 66612. The Sponsor reserves the right to terminate this contract if the contractor fails to comply with any of the requirements in this contract or attachments. The Sponsor shall notify the contractor of specific instances of non-compliance in writing. In instances where the contractor has been notified of non-compliance to the terms of the contract and has not taken immediate corrective action, the Sponsor shall have the right upon written notice, of immediate termination of the contract and the contractor shall be liable for excess costs to repurchase. The Sponsor shall negotiate a repurchase contract on a competitive basis to arrive at a fair and reasonable price.