NCRW1410025FADF Final

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State of Colorado

Department of Human Services

Food Distribution Programs

Office of Economic Security

A REQUEST FOR PROPOSALS

NCRW1410025FADF

NSLP Warehousing, Storage, and Distribution Services for the

State of Colorado

11/20/2013

TABLE OF CONTENTS

SECTION I: Issue and Timeline

SECTION II: Administrative Information

SECTION III: Background, Overview and Goals.

SECTION IV: Statement of Work /Requirements

SECTION V: Response Format

SECTION VI: Evaluation and Award

EXHIBITS:

A. Signature Page (RETURN)

B. Colorado School District Map

C. Distributed Cases by Agency 2012-2013

D. Certificate of Debarment, Suspension, Voluntary Exclusion

E. Pricing Page (RETURN)

F. Fuel Surcharge & Delivery Analysis (RETURN)

G. Sample Contract

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SECTION I

ISSUE AND TIMELINE INFORMATION

A. ISSUING OFFICE:

This Request for Proposal (RFP) NCRW1410025FADF is issued for the State of Colorado

(State) by the Department of Human Services (CDHS or Department), for the benefit of the

Department through the CDHS Division of Procurement. The CDHS Division of Procurement is the SOLE point of contact concerning this RFP. All communication must be made through the

CDHS Division of Procurement.

B. INVITATION TO SUBMIT PROPOSALS:

The State of Colorado is posting this RFP on the Bid Information and Distribution System (BIDS) so that firms that have an interest may submit a proposal in accordance with the terms of this

RFP.

C. MEANS OF COMMUNICATION:

In the event that it becomes necessary to revise any part of this RFP, a modification will be published on the BIDS web site at www.colorado.gov/bids . It is incumbent upon Offerors to carefully and regularly monitor BIDS for any such postings.

The CDHS Division of Procurement is the SOLE point of contact concerning this RFP and the procurement process. All communication for this procurement must be done through the

CDHS Division of Procurement point of contact indicated in this RFP and BIDS.

D. PURPOSE:

This RFP provides prospective firms with sufficient information to enable them to prepare and submit proposals for consideration to satisfy the need for expert assistance in the completion of the goals of this RFP.

E. SCOPE:

This RFP contains the instructions governing the proposal to be submitted and the material to be included therein; mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each proposal.

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F. SCHEDULE OF ACTIVITIES:

1 RFP PUBLISHED ON BIDS WEB PAGE

(www.colorado.gov/bids)

Time Date

(Mountain Time)

November 20, 2013

2 PROSPECTIVE FIRMS WRITTEN INQUIRY

DEADLINE (NO WRITTEN QUESTIONS WILL BE

ACCEPTED AFTER THIS DATE) See

Administrative Information Section A for inquiry details. Email Inquiries: william.martin1@state.co.us

Close of

Business

December 10, 2013

1:30pm January 7, 2013

3 PROPOSAL SUBMISSION DEADLINE

See Administrative Information Section C for submission.

4 PROPOSAL SELECTION ( ESTIMATED /WEEK

OF)

ESTIMATE ONLY

January 12, 2013

5 CONTRACT FINALIZED ( ESTIMATED /WEEK

OF)

ESTIMATE ONLY

February 7, 2013

6 CONTRACT PERIOD: ESTIMATED 07/01/2014 –

06/30/2015 plus (4) four-one year options to renew

(option of the State)

SUBMIT ONE HARD COPY ORIGINAL (marked "ORIGINAL") AND FIVE (5) COPIES OF THE

RFP PROPOSAL IN A SEALED PACKAGE. PACKAGE to include TWO (2 ) flash drives and/or separate CD’s containing a complete electronic version of your proposal compatible with

Microsoft OFFICE and Windows 2010.

THE ANTICIPATED INITIAL TERM OF THE RESULTING CONTRACT IS JULY 1, 2014

THROUGH JUNE 30, 2015. THE RESULTING CONTRACT MAY BE RENEWED FOR FOUR

ADDITIONAL ONE-YEAR PERIODS AT THE SOLE DISCRETION OF THE STATE,

CONTINGENT UPON FUNDS BEING APPROPRIATED, BUDGETED, AND OTHERWISE

MADE AVAILABLE, AND OTHER CONTRACTUAL REQUIREMENTS, IF APPLICABLE, BEING

SATISFIED.

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G. INQUIRIES:

UNLESS OTHERWISE NOTED, PROSPECTIVE OFFEROR MAY MAKE WRITTEN INQUIRIES

VIA E-MAIL (William.Martin1@state.co.us) CONCERNING THE RFP TO OBTAIN

CLARIFICATION OF REQUIREMENTS. NO INQUIRIES WILL BE ACCEPTED AFTER THE

CLOSE OF BUSINESS ON THE DATE INDICATED IN THE SCHEDULE OF ACTIVITIES.

RESPONSES TO OFFEROR’S INQUIRIES WILL BE PUBLISHED AS A MODIFICATION ON

THE STATE OF COLORADO BIDS PAGE.

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Section II

ADMINISTRATIVE INFORMATION

A. INQUIRIES: Unless otherwise noted, prospective Offerors may make written, faxed, or e-mail inquiries concerning this RFP to obtain clarification of requirements. E-mail is the preferred method for vendors to submit inquiries. No inquiries will be accepted after the date and time indicated in the Schedule of Activities.

E-mail all inquiries to:

E-mail: william.martin1@state.co.us

Clearly identify your inquiries as RFP # NCRW1410025FADF, NSLP Warehousing, Storage, and Distribution for the State of Colorado, Inquiry.

Response to Offeror's inquiries will be published as a modification on the State of Colorado

BIDS web page in a timely manner.

B. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

C. PROPOSAL SUBMISSION: Proposals must be received on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the Offeror to ensure that the proposal is received by the Division of Procurement on or before the proposal opening date and time. Offerors mailing their proposals shall allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. The proposal package shall be delivered or sent by mail to:

Department of Human Services

North/Central Procurement Office

7866 W. Mansfield Parkway

Denver, CO 80235

The State of Colorado Request for Proposal Signature Page MUST be signed in ink by the offeror or an officer of the offeror legally authorized to bind the offeror to the proposal.

Proposals which are determined to be at a variance with this requirement may not be accepted.

See the Issue and Timeline Information for the number of copies of the proposal that must be submitted.

Proposals must be submitted and sealed in a package showing the following information.

OFFEROR'S NAME

RFP # NCRW1410025FADF, NSLP Program Administration for the State of Colorado

PROPOSAL DUE: January 7, 2014 at 1:30 p.m.

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The Division of Procurement desires and encourages that proposals be submitted on recycled paper, printed on both sides. While the appearance of proposals and professional presentation is important, the use of non-recyclable or non-recycled glossy paper is discouraged.

Vendors must be registered with Colorado BIDS by the proposal submission due date and time.

D. ADDENDUM OR SUPPLEMENT TO REQUEST FOR PROPOSAL: In the event that it becomes necessary to revise any part of this RFP, an addendum/amendment will be published on the

BIDS web site at www.colorado.gov/bids It is incumbent upon Offerors to carefully and regularly monitor BIDS for any such postings. It is the Offeror ’s responsibility to make known to the

Division of Procurement its interest in any addendum/amendment if it has received the RFP in a direct mailing from the Division of Procurement and no addendum has been received by mail.

E. ORAL PRESENTATIONS/SITE VISITS: Offerors may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee. Such presentations and/or site visits will be at the Offeror's expense.

F. ACCEPTANCE OF RFP TERMS: A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated by the autographic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations. It is assumed by the Offeror's response that it acknowledges all terms and conditions of this invitation for an offer. An Offeror shall identify clearly and thoroughly any variations between its proposal and the State's RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

G. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to

Stephen Rosenthal, Director, Division of Procurement, Department of Human Services 7866 W.

Mansfield Parkway, Denver, CO 80235. The protest shall be submitted in writing within seven working days after such aggrieved person knows, or should have known, of the facts giving rise thereto. Reference C.R.S. Title 24, Article 109.

H. CONFIDENTIAL/PROPRIETARY INFORMATION: Any restrictions of the use or inspection of material contained within the proposal shall be requested prior to the submission of the proposal itself. Written requests for confidentiality shall be submitted, by the offeror prior to the proposal submission date. The offeror must state specifically what elements of the proposal that would be considered confidential/proprietary. The Division of Procurement will make a written determination as to the apparent validity of any written request for confidentiality, the written determination will be sent to the offeror.

Requests that are granted shall use the following format:

Confidential/proprietary information must be readily identified marked and separated/packaged from the rest of the proposal.

Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential and proprietary.

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Any information that will be included in any resulting contract cannot be considered confidential.

After award, the offers shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data, C.R.S. Title 24, Article 72, Part 2 as amended.

I. RFP RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the State of Colorado. Proposals may be reviewed by any person after the "Notice of Intent to Make an Award" letter has been issued, subject to the terms of C.R.S.

Title 24, Article 72, Part 2 as amended.

J. PROPOSAL PRICES: Estimated proposal prices are not acceptable.

Best and final offers may be considered in determining the apparent successful offeror.

Proposals shall be firm for a period of not less than One hundred eighty (180) calendar days from the date of award.

K. EVALUATION: The evaluation will identify the proposals that most effectively meet the requirements of this RFP. The work will be offered to the Offerors whose proposals, conforming to the RFP, will be most advantageous to the State of Colorado, price and other factors considered.

The State of Colorado will conduct a comprehensive, fair and impartial evaluation of each proposal received. First, all proposals will be submitted to the Division of Purchasing for acceptance. The Division of Purchasing will be responsible for ensuring that:

The Offeror's proposal complied with the due date and time.

 The Offeror's “Colorado Request for Proposal Signature Page” meets content and other requirements.

The Offeror included the appropriate number of proposal copies.

On the date and time shown on the Request for Proposal Signature Page, the Division of

Purchasing will hold a Public Opening of Proposals. The Public Opening will only disclose the names of all Offerors who have submitted a proposal for evaluation by DHS. Information on costs and qualifications will be available from the Division of Procurement following selection of the winning Offeror.

Evaluation Process:

The Department plans an intensive, thorough, complete and fair evaluation process. Proposals will be evaluated on both the proposed service and the cost of the service. The evaluation will be performed and an award recommendation made to the Division of Procurement by the

Evaluation Committee. Members will be selected who do not have a conflict of interest in this procurement. The Committee will be responsible for the evaluation process that will include the following steps:

Review proposals for any conditions that may disqualify the Offeror and to ensure that required terms and conditions have been met.

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Review proposal content, contact references and assign a preliminary score to each factor for each proposal.

Determine whether, as part of the deliberations, any Offerors will be invited to participate in discussions with the Committee. (Offerors would be those who, based on preliminary scores, are reasonably susceptible of being selected for the award.) However, proposals may be reviewed and determinations made without discussion. Therefore, it is important that proposals be complete, and Offerors should recognize that opportunity for further explanation may not exist.

Oral presentations, if required, for invited Offerors to demonstrate their proposed service.

Adjust points or ratings as necessary.

 Best and final offers may take place at the State’s option.

Make final selection recommendation to the Division of Procurement.

L. PROPOSAL SELECTION: Upon review and approval of the evaluation committee's recommendation for award, the Division of Procurement will issue a "Notice of Intent to Make an

Award" on BIDS. Fax or email notice will be sent to all Offerors indicating the notice of intent has been posted. A contract must be completed and signed by all parties concerned on or before the date indicated in the Schedule of Activities. If this date is not met, through no fault of the State, the State, at its sole discretion, may elect to cancel the "Notice of Intent to Make an Award" notice and make the award to the next most advantageous Offeror.

M. AWARD OF CONTRACT: The award will be made to that Offeror whose proposal, conforming to the RFP, will be the most advantageous to the State of Colorado, price and other factors considered.

N. PROPOSAL CONTENT ACCEPTANCE: The contents of the proposal (including persons specified to implement the project) of the successful Offeror will become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Offeror may be removed from future solicitations.

O. STANDARD CONTRACT: The State of Colorado incorporates standard State contract provisions (General and Special Provisions) into any contract resulting from this RFP. The

General Provisions and Special Provisions are available on BIDS.

P. RFP CANCELLATION: The State reserves the right to cancel this Request for Proposal at any time, without penalty.

Q. STATE OWNERSHIP OF CONTRACT PRODUCTS/SERVICES:

1. Proposals upon established opening time become the property of the State of Colorado. All products/services produced in response to the contract resulting from this RFP will be the sole property of the State of Colorado, unless otherwise noted in the RFP. The contents of the successful Offeror's proposal will become contractual obligations.

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2. The State of Colorado has the right to retain the original proposal and other RFP response materials for our files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Proposal materials may be reviewed by any person after the

“Notice of Intent to Make an Award” letter(s) has/have been issued, subject to the terms of

Section 24-72-201 et seq., C.R.S., as amended, Public (open) Records. The State of Colorado has the right to use any or all information/material presented in reply to the RFP, subject to limitations outlined in the clause, Proprietary/Confidential Information. Offeror expressly agrees that the State may use the materials for all lawful State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act.

R. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by Offerors prior to issuance of a legally executed contract or procurement document. No property interest, of any nature shall occur until a contract is awarded and signed by all concerned parties.

S. PROPOSAL REJECTION: The State of Colorado reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received and to accept any portion of a proposal or all items proposed if deemed in the best interest of the State of

Colorado.

T. VENDOR IDENTIFICATION: The tax identification number provided must be that of the Offeror responding to the RFP. The Offeror must be a legal entity with the legal right to contract.

U. NEWS RELEASES : News releases pertaining to this RFP shall NOT be made prior to execution of the contract without prior written approval by the State.

V. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

1. By submission of this proposal each Offeror certifies, and in the case of a joint proposal each party, thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Offeror or to any competitor; and c. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2. Each person signing the Request for Proposal Signature Page of this proposal certifies that: a. (a) She/he is the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein and that she/he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or she/he is not the person in the Offeror's organization responsible within that organization for the decision as to the prices being offered herein but that she/he has

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been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and she/he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A proposal will not be considered for award where (1)(a), (1)(c), or (2) above has been deleted or modified. Where (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the Offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or her/his designee, determines that such disclosure was not made for the purpose of restricting competition.

W. CONFLICTS OF INTEREST: The holding of public office or employment is a public trust. A public officer or employee whose conduct departs from his fiduciary duty is liable to the people of the State. Rules of conduct for public officers and state employees:

1. Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty.

2. A public officer or a state employee shall not: a. Engage in a substantial financial transaction for her/his private business purposes with a person whom she/he inspects, regulates, or supervises in the course of his official duties; b. Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from her/his agency; c. Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or d. Perform an official act directly and substantially affecting its economic benefit a business or other undertaking in which she/he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. e. Serve on the Board of any entity without disclosure to the entity, the Secretary of State, and his/her employer.

3. A head of a principal department or a member of a quasi-judicial or rule-making agency may perform an official act notwithstanding paragraph (d) of subsection (2) of this section if her/his participation is necessary to the administration of a statute and if she/he complies with the voluntary disclosure procedures under C.R.S. 24-18-110.

4. Paragraph (c) of subsection (2) of this section does not apply to a member of a board, commission, council, or committee if she/he complies with the voluntary disclosure procedures under C.R.S. 24-18-110 and if she/he is not a full-time state employee. Reference C.R.S. 24-

18-108, as amended.

X. TAXES: The State of Colorado, as purchaser, is exempt from all federal excise taxes under

Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and

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local government use taxes C.R.S. 39-26-114(a)). Our Colorado State and Local Sales Tax

Exemption Number is 98-02565. Seller is hereby notified that when materials are purchased in certain political sub-divisions (for example - City of Denver) the seller may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

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SECTION III

BACKGROUND, OVERVIEW AND GOALS

A. OVERVIEW OF THE PROGRAM

1. Background Information

The United States Department of Agriculture (USDA) acquires agricultural commodities through price support programs, surplus removal, and direct purchase programs from national markets to provide nutritious high quality food to Regional Agencies (RAs). USDA enters into agreements with FDP authorities to administer USDA food distribution programs throughout the state to RAs.

RAs utilize foods to prepare meals for consumption in the National School Lunch and Breakfast programs. These food items are approximately 15% of the foods consumed in schools throughout the United States.

The Colorado Department of Human Services (CDHS) Food Distribution Program (FDP) administers the distribution of USDA food to agencies which participate in the National School

Lunch Program (NSLP). Additional information can be found at www.usda.gov/fdd or www.colorado.gov/fdp .

CDHS Food Distribution Programs (FDP) provides for the administration, operation, and distribution of USDA foods to eligible SFAs. Program staff has responsibility for:

Manage ordering of USDA foods process for RAs including diversions to commercial processors;

Ensuring quality and timeliness of food delivery to RAs;

Inspecting warehouses for proper storage and reconciliation of inventory,

Auditing of warehouse, distribution operations, and inventory practices and controls;

Initiation and review of commercial food processors for FDP agreements to increase the availability of product mix to RAs;

Compliance with USDA regulations and State of Colorado rules and procedures allowing continued participation in national food assistance programs.

A Contractor provides the following services for CDHS:

Receipt, unloading, handling, and storage of inbound shipments of USDA foods and processor products.

Loads, and delivers outbound shipments of USDA Foods and processor products to RAs.

Contractor submits receiving, inventory, and delivery documents of USDA foods and processor products to CDHS and USDA as necessary.

Processor products enter the distribution system in the following manner:

RAs preorder foods in the Colyar System used by CDHS. They request the food be delivered to processor(s).

CDHS orders the food for processor(s) from USDA on behalf of RAs.

USDA purchases the food and sends it to the processor(s).

The processor(s) converts the raw food into end products (processed product).

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RAs may use the Contractor to store product for delivery with other USDA Foods. The process is as follows:

Processor(s) may set up independent storage agreements with Contractor for other storage needs, but must make arrangements directly with Contractor and provide such agreement information to CDHS.

In these instances, processor(s) will pay Contractor directly for their services.

The CDHS FDP uses Colyar, an internet based system, to manage their Food Distribution

Program. The process is as follows:

RAs preorder foods in Colyar. They request the foods and quantities they want and when they prefer to receive them.

The FDP orders the food from USDA.

The FDP sends the Contractor a summary of the foods they will receive each month throughout the school year. (The Contractor may also access this information through the

Colyar system.)

When USDA purchases a food, they send the State a Forwarding Notice for each load.

The FDP forwards a copy to the Contractor.

The Contractor receipts received food items immediately into Colyar.

Throughout the school year RAs order foods in through Colyar for delivery.

The FDP may upload the orders into pick lists and Bills of Lading or facilitate the integration of this shared information with Colyar and their system.

The Contractor downloads the pick lists and Bills of Lading.

The Contractor builds routes and delivers USDA Foods and processor products to RAs.

The Contractor directly bills agencies for food delivered through Colyar or an independent system that can share this information with Colyar.

Contractor may combine commercial food orders, USDA foods, and processed foods when scheduling deliveries.

Refer http://www.ers.usda.gov

, http://www.fns.usda.gov

http://www.access.gpo.gov/nara/cfr/waisidx_01/7cfrv4_01.html

and others for program, product and market information, including comprehensive Commodity Fact Sheets.

2. Introduction:

This document constitutes a request for competitive, sealed proposals for the provision of Food

Warehousing, Storage and Distribution/Delivery services as set forth herein.

Terminology and Definitions

Whenever the following words and expressions appear in a Request for Proposal (RFP) document or any amendment thereto, the definition or meaning described below shall apply.

Agency and/or State Agency means the Colorado Department of Human Services Food

Distribution Program (CDHS FDP).

Amendment means a written, official modification to an RFP or to a contract.

Attachment applies to all forms which are included with an RFP to incorporate any informational

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data or requirements related to the performance requirements and/or specifications.

Food means all USDA acquired foods and USDA acquired foods converted into end products.

Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.

Offeror means the person or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document.

Contract means a legal and binding agreement between two (2) or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

Contractor means a person or organization who is a successful Offeror/proposer as a result of an RFP and who enters into a contract.

Exhibit applies to forms which are included with an RFP for the Offeror to complete and submit with the sealed proposal prior to the specified opening date and time.

Processor means any commercial facility which processes or packages USDA Foods.

Request for Proposal (RFP) means the solicitation document issued by the CDHS FDP to potential Offerors/Proposers.

May means that a certain feature, component, or action is permissible, but not required.

Must means that a certain feature, component, or action is a mandatory condition.

Shall has the same meaning as the word must.

Should means that a certain feature, component and/or action is desirable but not mandatory.

Pricing Page(s) applies to the form(s) on which the offeror must state the price(s) applicable for the services required in the RFP. The pricing page must be completed and submitted by the

Offeror with the sealed proposal prior to the specified proposal opening date and time.

Recipient Agencies (RAs) are those public and private entities which have entered into a written agreement with the FDP for the receipt of USDA foods.

Food Distribution Program(s) (FDP) means the department within the State of Colorado that manages all aspects of USDA foods.

United States Department of Agriculture (USDA) is the federal governing agency that provides oversight and accountability for Food Distribution Programs within the State.

Web-Based Supply Chain Management (WBSCM) is the Internet-based software tool for ordering and managing receipt of USDA foods.

School Food Authorities (SFAs) are the designated representative responsible for decisions in operating agency level processes relating to USDA foods.

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National School Lunch Program (NSLP) is the federal program that provides meals to students in school based or related activities.

Summer Food Service Program (SFSP) is the program that provides meals to students during the summer months when school is not in session.

3. Historical Data

Historically, the CDHS FDP has stored USDA foods in two (2) locations, one in northern

Colorado, and a second in southern Colorado. There is no requirement or preference for two (2) locations. In fact, to optimize building truckloads and maximize efficiency, preference may be given to an entity that can serve the entire state.

The following square footage indicates the designated space reported for the 2012-13 year.

STORAGE

Cooler

Dry

Freezer

TOTAL

WH 1

1,800 sq. ft.

6,600 sq. ft.

4,500 sq. ft.

WH 2

1,800 sq. ft.

3,400 sq. ft.

4,800 sq. ft.

12,900 sq. ft. 10,000 sq. ft.

TOTAL

3,600 sq. ft.

10,000 sq. ft.

9,300 sq. ft.

22,900 sq. ft.

The following are the delivered cases of refrigerated, dry and frozen foods in past years:

COOLER

DELIVERY

2009-2010

2010-2011

2011-2012

2012-2013

WH1

8,454

7,584

5,248

3,803

WH2

6,980

6,440

3,518

1,982

TOTAL

15,434

14,024

8,766

5,785

DRY

DELIVERY

2009-2010

2010-2011

2011-2012

2012-2013

WH1

37,441

32,918

28,577

14,956

WH2

25,891

21,270

18,486

8,447

TOTAL

63,332

54,188

47,063

23,403

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FROZEN

DELIVERY

2009-2010

2010-2011

2011-2012

2012-2013

WH1

44,164

53,313

23,509

33,121

WH2

31,127

30,051

16,840

17,878

TOTAL

75,291

83,364

40,349

50,999

TOTAL

CASES BY

YEAR

2009-2010

2010-2011

2011-2012

2012-2013

WH1

90,059

93,815

57,334

51,880

WH2

63,998

57,761

38,844

28,307

TOTAL

154,057

151,576

96,178

80,187

The following is a breakdown of the number of units RAs picked up at the warehouse, also referred to as will calls.

PICKUP

WH 1

WH 2

CDHS FDP

UNITS RAs

143 cases

2,433 cases

2

2

Estimated quantities: The quantities listed in this RFP are based on historical data. The quantity represents our estimate of required services during the Contract term. The Contractor may be required to provide a greater or lesser level of service than stated. This service level estimate is intended to serve only as a guide to the Contractor and is not to be construed as a guarantee to any particular service level.

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SECTION IV

REQUIREMENTS / STATEMENT OF WORK

USDA regulations require states to provide an equitable, cost effective, and efficient system of issuing commodities to RAs. To this end, CDHS is issuing this RFP to determine the Contractor most suited to provide warehouse and distribution services on behalf of its RAs. Selection of a vendor for this assignment allows USDA foods to be integrated with the distribution of commercially supplied items by utilizing vendor excess capacity for storage and delivery. This system allows for minimizing costs, improving product availability, and increasing product utilization by RAs.

USDA foods are received in Colorado from USDA trucking companies and issued through the awarded contractor. However, product is also shipped directly from USDA trucking companies to large RAs capable of meeting established freight minimums. The Food Distribution Program is subject to change in terms of the number of RAs, volume, and type of foods available.

The distribution of food to participating RAs is primarily scheduled based on ten (10) monthly distributions during the months of August through May. However, there may be requests for delivery in summer months from programs operating the Summer Food Service Program (SFSP).

FDP’s intent is to solicit a NSLP vendor for a 5-year term.

A. REQUIREMENTS

This section sets forth the scope of work that is required under this RFP.

Refer: www.fns.usda.gov

; 7 CFR Ch. II § 250 et al, at http://ecfr.gpoaccess.gov

; http://www.cfsan.fda.gov/~pn/pnfr.html

, CRS 22-82.9, 7 CFR Ch. II § 251 et al http://www.fns.usda.gov/fdd/regs/fd_regulations.htm

, industry standards, and others for a complete text, details, and requirements.

1. General Requirements

USDA foods shall be received, stored, and distributed in accordance with the policies and procedures set forth by Federal Regulation 7 CFR, Part 250 and the FDP. All foods are for the sole benefit of the entity to which they belong for use with school meal programs.

The contractor shall provide food warehousing and delivery services on a statewide basis for the

FDP on behalf of RAs.

The contractor shall supervise, manage, and deliver units of USDA foods to RAs on a month-tomonth basis pursuant to distribution information provided by the FDP.

The State of Colorado shall make no guarantee as to a minimum or maximum quantity of food requiring storage and delivery.

Immediately upon award of the contract, the contractor shall provide the name of one (1) individual that shall be designated as the primary contact person to ensure strict adherence to the contractual requirements and communicate with the FDP. In addition, the contractor shall provide the name of one (1) backup individual who shall assume the responsibilities of the primary contact person in his/her absence.

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The FDP reserves the right to add or delete RAs in the program during the term of the contract.

The contractor shall also provide warehousing and delivery service for any new RAs identified by the FDP pursuant to the same terms, conditions, and prices.

The Contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

Shipments of USDA foods will start approximately July 1, 2014. Distribution services to agencies will begin on or about July 15, 2014, and extend through June 30, 2015, with an option, reserved for the State, for one-year renewals for the following four (4) fiscal years ending June 30, 2019.

2. Communication

Dedicated warehouse personnel will be responsible for discussing matters of policy and complaint with FDP staff.

Contractor must communicate only with staff designated by the RAs.

Contractor will make a toll-free number available to all RAs they are serving that are outside of their local calling area.

Complaint Resolution: RAs will promptly notify contractor of problems with deliveries, schedules, orders, allocations, personnel, etc. Contractor will attempt to resolve such complaints with the RAs. In the event the RA and contractor are unable to resolve the complaint, the FDP will review the circumstances and act as decision-maker to resolve the complaint. If contractor is dissatisfied with the FDP’s decision, contractor may proceed in accordance with the procedure for dispute resolution as set forth in the contract.

As far as practical, all communication between the RA and contractor will be in writing.

3. Warehouse Notification of Commodities Received

Contractor will be notified by FDP staff of commodities to be received via WBSCM or Colyar system.

Contractor will be notified by email of any changes/transfers made by FDP officials.

Contractor will act as consignee for the FDP and the RA. As consignee, contractor will be held accountable and will assume legal liabilities for all USDA foods received and stored at its warehouse.

4. Receipt of Inbound Shipments

The FDP is required to comply with FNS Instruction 709-

5 “Shipment and Receipt of Foods.”

Refer http://www.fns.usda.gov/fdd . In partnership with the FDP, Contractor is required to comply with instructions regarding the shipment and receipt of commodities. Under no circumstance is contractor allowed to take any action outside of the scope of the instructions without prior approval by the FDP. If a question arises regarding the instructions, Contractor will notify the

FDP immediately. The FDP will communicate directly with USDA to resolve any questions.

The Contractor must meet the following minimum requirements:

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All warehouse locations must have the ability to receive 48 ft. semi-truck or larger shipments. The contractor shall understand and agree that all deliveries are tailgate.

Facilities shall be maintained in good condition to avoid damage to carriers’ equipment, food, and personnel. Any losses incurred during transfer are the responsibility of the

Contractor.

Be available for receiving and unloading inbound freight from 7:00 AM until 4:00 PM

Monday thru Friday (except holidays). The following holidays will be observed: New

Year's Day; Martin Luther King Jr. Day; President's Day; Memorial Day; Independence

Day; Labor Day; Veteran's Day; Thanksgiving Day; Christmas Day.

Inspect the load to assure a complete delivery is made and it is in good condition on arrival. Verify accuracy of count.

Report overage, shortage and/or damage to FDP, within twenty-four (24) hours of receipt of shipment. Failure to do so will result in the Contractor being held liable for out-ofcondition USDA Foods.

Enter receipt of shipment into WBSCM or the Colyar system within 48 hours of receipt.

Recoup salvageable product from partially damaged cases of product so all foods suitable for human consumption are salvaged for program use.

Be responsible for demurrage or other charges accrued due to the fault of the Contractor.

Damaged or out of condition USDA Foods should be held in an area separate from other

USDA Foods. The CDHS FDP will arrange for these items to be shipped to a school, picked up by another agency, vendor/processor, or disposed of by the Contractor. The

FDP will send the Contractor written instructions on how to proceed in these instances.

Conduct due diligence and record damage. If product is damaged or otherwise not acceptable, notify the trucker in usual manner, update in WBSCM and forward to the FDP along with the Receiving Report and the Bill of Lading. If a shipment is received that has extensive damage or large shortages, contractor must contact the FDP immediately for instructions before any action is taken. The FDP is required to contact USDA for disposition instructions. Contractor is required to take digital photographs of shipments with major damage for documentation purposes.

5. Warehouse and Food Storage Requirements:

The contractor shall furnish a warehousing facility with sufficient equipment, personnel, and space to accept, unload, handle, store, and deliver to RAs perishable and non-perishable items.

Contractor must manage and control inventory activity in accordance with 7 CFR 250 and industry best practices.

Storage conditions must be maintained as required by federal, state, and local regulations.

Vendor(s) must have adequate warehouse facilities available for the following:

Cooler (Chilled) Items 1 – Cooler space normally 36 degrees F (32 degrees F to 45 degrees F depending on the item)

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Dry Grocery Items 1 – Ventilated warehouse space that meets standard state and local codes. (Recommended temperature 50

– 70 degrees)

Frozen Grocery Items 1 – Freezer space at –5 degrees F or below

1 FYI only. Temperature of frozen and chilled food will be in accordance with the Association

Food and Drug Official’s (AFDO’s) Code as recommended by the Federal Food and Drug

Administration. For the most current information, please refer to respective websites. http://www.afdo.org and http://www.fda.gov.

At a minimum, warehouses must:

Maintain foods at proper storage temperatures

Stock and space foods in a manner so that USDA-donated foods can be readily identified

Store donated food off the floor in a manner to allow for adequate ventilation

Take other protective measures as necessary to protect the security of the items stored for the FDP.

For more detailed information refer to federal and state regulations, statutes, policy, procedures, industry standards, and other.

The FDP reserves the right to review warehouse facilities and processes to ensure capacity and suitability.

If during the term of the contract the space requirement of the warehouse is beyond contractor’s capacity, contractor is required to secure, at their own expense, adequate storage capacity that meets or exceeds federal and state specifications and requirements for compliance, provided a minimum of 30-days advanced notice is given to, and prior approval secured from the FDP.

6. Sanitation Requirements

Warehouse facilities will be free from rodent, bird, insect and other animals and infestations; be safeguarded against theft, spoilage, and other losses; and be maintained at proper storage temperatures.

Federal, state, and local officials may routinely inspect warehouse.

Warehouse facilities and warehousing practices must be continuously in compliance with federal, state, and local food laws.

7. Inspections

The Contractor shall obtain all required federal, state, and local health inspections. Immediately following notification of contract award and each contract renewal, the Contractor shall provide the FDP with evidence that inspections/approvals are current.

8. Inventory

Contractor will use commodity codes provided by FDP.

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The Contractor will rotate all stock on a first in, first out basis in accordance with acceptable warehouse practices, and provide evidence of stock rotation upon request. This “first in, first out” will be based upon the date of product receipt and transfer of title to the warehouse.

Have sufficient warehouse space to absorb all inbound freight at abnormal peak loads at no additional cost to the FDP.

Overage and shortage discrepancies between physical inventory and book inventory will be reconciled monthly and more frequently if required by the FDP. Contractor will cooperate fully with FDP officials to reconcile any inventory discrepancies.

9. Outbound Shipments

Contractor will establish and publish on C ontractor’s website a calendar of RA scheduled deliveries for the year based on the requested frequency of delivery of the RAs. Requests for information to be published on FDP site may be considered if vendor does not currently maintain a website. Issues to RAs will be made at least monthly unless otherwise agreed upon by the

RAs and contractor. Where changes to the schedule are necessary, contractor will provide and communicate written notice of the change(s) at least 30 days in advance.

Federal regulations require delivery schedules to be “equitable and reliable” and contractor will be held to determining and verifying conformance to this standard. Contractor will notify RAs and the FDP of normal scheduled days of issue at the beginning of each contract year (July 1) and notify RAs and the FDP of any changes at least two (2) weeks in advance of implementation.

Contractor must meet the following minimum requirements for all outbound shipments:

Communicate with Processors to establish when the processor product Bills of Lading must be submitted for each distribution.

Download electronic data file with order information from Colyar to create Pick Lists and

Bills of Lading.

Sort Bills of Lading into routes (build routes) and consolidated shipments with commercial food orders.

Establish a delivery schedule (shipping times and dates) to ensure that RAs receive their deliveries at approximately the same time each month.

Provide RAs at least forty eight (48 ) hours’ notice, by telephone or e-mail, of the delivery scheduled.

Due to the fragile nature and limited shelf life of produce, the FDP requires all produce orders received to be delivered to respective RAs on the next regularly scheduled delivery date, provided the next scheduled delivery date is no greater than three (3) business days. Where the next regularly scheduled delivery date is greater than three (3) business days, Contractor will make contact and delivery arrangements that ensure delivery of produce items within five (5) business days of receipt into the warehouse.

Establish loading times and the load order of each trailer.

Pick USDA food and processor product to fill orders.

Unitize individual RA orders on industry standard exchangeable pallets.

Shrink-wrap or secure pallets with metal or plastic bands.

Load outbound shipments.

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Verify that all case counts pulled for each order are accurate and loads match the corresponding Pick List and Bill of Lading.

Deliver USDA food and processor product to approximately 256 RA delivery locations.

USDA food and processor product may be integrated with deliveries of commercial foods.

Deliveries will be made on a regularly pre-scheduled day of the week as determined by contractor. Delivery hours are from 6:30 a.m. – 4:30 p.m.; however, individual arrangements for delivery may be mutually agreed upon between contractor and the RAs.

RAs will not be required to accept delivery after 4:30 p.m.

, unless mutually agreed by the RA and Contractor.

10. Equipment

Contractors equipment used in the performance of duties must meet the following minimum requirements:

 Accommodate RA’s drop areas (either ground level or loading dock).

Be maintained in accordance with manufacturer specifications.

Must not be used for transporting any substance that may be harmful to the quality or safety of foods.

Freezer units shall be pre-chilled to 0 degrees for loading and shall remain at the required temperature until the product has been offloaded at the RA’s drop area.

Cooler units shall be pre-chilled to 34-38 degrees for loading and shall remain at the required temperature until the product has been offloaded at the RA’s drop area.

Dry units shall provide protection from freezing.

11. Drop Off/Unloading

Contractor must meet the following minimum requirements when dropping off/unloading orders:

All RAs must have a minimum of one (1) delivery date each month.

For those RAs that store food at a location other than the

RA’s address, the contractor shall deliver such RA’s food to the location(s) specified by the RA.

If multiple RAs utilize the same commercial warehouse facility, deliveries for each RA shall be kept separate when delivering to the commercial warehouse for ease in verifying items, brands, code numbers, quantity and quality for each RA.

If a RA requests to decrease their food delivery due to bad weather or the cancellation of school for multiple days, the RA is required to notify the contractor within one (1) business day of receipt of the notice of delivery. If notification is not received within one (1) business day of receipt of the notice of delivery and the RA does not accept the full order as described in the notice of delivery, the unaccepted units shall be considered a refusal of delivery. The contractor shall bill the RA for any unaccepted units.

Outside of weather induced cancellations, all cancelled deliveries must be rescheduled by the contractor for delivery to the RA within twenty-four (24) hours of the original scheduled delivery. New delivery arrangements must be communicated by the contractor to the RA to allow for accommodations to be made.

After delivering food to each RA at each delivery point, the contractor shall obtain a signature from the RA on the delivery receipt of the Bill of Lading/Freight Waybill. The contractor shall request the authorized receiver or the designated representative of the

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RA to verify the accuracy of quantities, brand, and code numbers of each item and condition of the food. Variations from the norm (e.g. shortages, damages, etc.) shall be noted on each receipt by the authorized receiver or designated representative and initialed by both the contractor’s truck driver and the authorized receiver or designated representative. The contractor shall not be required to issue credits for errors not detected at the time of delivery, except for hidden damage.

The contractor shall factor in ample time to each delivery to allow truck drivers to be physically present for the verification of quantity, quality, brand, and code numbers of each delivery.

Driver shall deliver the order to the drop area as designated by RA. If the drop area is not covered by a roof or awning the driver shall place the order in a covered area designated by the RA. This may require some hand loading, unloading and stacking by the driver.

In the event the drop area creates an unsafe environment or is inaccessible, drivers shall deliver order to the next best available drop area as designated by RA. Contractor shall advise FDP in writing regarding unsafe conditions or inaccessible drop areas. FDP will inspect the drop area and act as final decision maker to determine the best alternative drop area for the RA.

Exchange pallets with RAs. If RAs refuse to surrender their pallets, Contractor may bill them replacement cost for the pallets.

At the time of delivery, ensure that driver and designated RA personnel count and verify the accuracy of the product count with the shipping documents. Ensure that total quantity of each item and condition of product is annotated on the delivery notice, initialed by driver, and signed by RA personnel.

Be responsible for foods damaged in shipment (until the RA personnel signs for it).

Replace damaged foods by one of the following three methods (to be determined by the

RA):

1. RA purchases replacement product and bills Contractor.

2. Contractor purchases replacement product and delivers to RA at no charge.

3. Contractor pays RA the USDA value of the damaged product.

If requested by a RA, the contractor shall store a RA’s allocation of food for a period of time, in lieu of delivering the food to the RA. All charges are the responsibility of the RA based on terms of an agreement established within this RFP.

Except for an emergency/disaster situation or a situation of distress, if a delivery is refused by a RA, the contractor shall notify FDP immediately. The contractor shall follow the instructions provided by FDP regarding the refused shipment. The contractor shall allow the FDP one (1) hour following the contractor’s notification for the FDP to provide the contractor with instructions regarding the refused shipment.

If the FDP instructs the contractor to deliver the refused shipment to another RA in the balance of the route, the contractor shall deliver the shipment to the alternate RA and shall only invoice for the delivered units one (1) time.

If the refused shipment cannot be delivered to another RA in the balance of the route, the contractor shall return the food to the contractor’s warehousing facility. The contractor shall be paid by the RA in accordance with the firm, fixed price per unit for the attempted delivery in addition to the firm, fixed price per unit for returning the undelivered unit(s) and handling the unit(s).

If food is returned due to damage caused by the contractor, FDP shall not be charged the delivery fee.

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The contractor shall understand and agree that the title of the food shall pass from the

Contractor to the RA when the RA signs the delivery receipt.

The contractor shall not substitute items, brands, or code numbers without prior approval from the FDP. The substitution shall not mean a different manufacturer's like item (e.g. chicken nugget, burger, dressing, etc.) could be substituted. The contractor shall make no substitution which has not been requested/approved by the FDP.

12. Will Call Pick-up at Contractor Warehouse

RAs that elect to pick up at contractor’s warehouse will use their own vehicles to transport product from the warehous e to the RAs’ facility. Contractor’s warehouse personnel will place the product at the platformout loading (dock) door on exchangeable pallets. The RAs’ personnel will count and sign for receipt of the product, taking responsibility for the product, and load the product into its own vehicle. For RAs that have vehicles that are suitable in size and are equipped to handle mechanical loading by contractor’s equipment and personnel, contractor’s personnel will load these vehicles.

Pickup(s) at contractor’s warehouse will be made on pre-scheduled days and hours of the week as may be determined by contractor and approved by the FDP.

13. Electronic and Computer Requirements

Contractor must have Internet access ability to USDA Web-Based Supply Chain Management

(WBSCM). Contractor must have Internet access and an electronic mail program that allows for the exchange of attached files and have the capability to provide data via EDI (Electronic Data

Interchange), if required.

The Colyar system will be the system of record. Colyar allows integration of information to and from other third party systems. The Contractor must be able to provide data on inventory management and controls, expiration data, lot information, receipts, allocation and shipment of products for integration into Colyar or utilize the Colyar system. The Contractor is shall record all events and activities in the receipt, handling, and storage of products including redistribution to

RAs. CDHS will provide access to the system at no charge to the awarded Contractor.

All data must be capable of being exported via Microsoft Excel comma-delimited file, including product and RA list/value and inventory activity related to the overall program, and by product and RA.

Contractor will use the FDP assigned RA account number and the USDA commodity item codes.

At the beginning of the contract period, the FDP will provide contractor with valid RA numbers

(also referred to as Agency ID’s), the RA’s name, physical and billing address, the telephone and facsimile numbers, email address and the contact person(s) name. The FDP will also provide contractor with valid USDA commodity codes, and descriptions.

Upon receipt of data changes, contractor will update files and will use the FDP assigned RA number and commodity codes in the input transactions.

Contractor will invoice and collect all fees due from RA directly. The Colyar system is able to manage these functions. However, the Contractor must notify the FDP if they wish to use Colyar

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system and will be responsible for completing the necessary billing and payment receipt tasks independently of the FDP.

14. Emergency Feeding

In the event of an emergency or disaster situation, as determined by the Governor or President, or a situation of distress as defined by the USDA, and upon request of and in accordance with

FDP instructions, the contractor shall deliver specified foods to designated sites, regardless of the volume of units of food, as soon as possible but shall be no later than 48 hours after notification by FDP even if such event occurs on a weekend or holiday. The contractor shall give priority to such deliveries over all other RA deliveries.

15. Vehicle Requirements

Contractor will have adequate vehicles to deliver all USDA foods according to current food safety recommendations provided by USDA and the Food and Drug Administration.

The number of vehicles required will depend on the size of the trucks, the size of the loads of commodity and commercial items, and the warehouse(s) ability to handle the volume for distribution to RAs. The number of delivery routes will vary depending on the delivery method and frequency selected by the RAs. This will also vary from one (1) region to another.

Use of energy efficient vehicles is encouraged.

16. Insurance Requirements

Contractor will secure commodities and maintain in their own name and at their own expense, insurance against loss or damage by theft, fire, lightning, or other risk for the duration of the contract term. Proof of insurance will be provided to the FDP no later than May 30, 2014 and will be an attachment to the contract. Proof of all applicable insurance will continue to be required as long as the contract is in effect.

Contractor is expected to maintain all insurance as required by federal, state, local laws.

Contractor will bear all liability and the FDP will be held harmless.

17. Staff Requirements

Contractor is required to have one (1) full time staff member available between the hours of 6:30

– 4:30p Monday through Friday. Staff member is to demonstrate and provide an exceptional level of dedication to excellence in customer service, problem resolution, and servicing the contract and conditions contained within.

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18. Records Retention

Contractor will maintain records that fully account for receipt and disposition of all USDA

Donated Foods. Such records will be maintained for three (3) years following the close of the

Federal Fiscal Year to which they pertain and will be available for review, at any reasonable time, upon request by either the USDA or FDP officials. However, in instances when claim actions and/or audit findings have not been resolved, the records will be retained as long as required for the resolution of such actions or findings. Refer 7 CFR Ch. II § 250.16 and 250.17.

Contractor’s facilities, inventory of donated foods, equipment, records, and procedures will be subject to review by FDP and federal authorities at any reasonable time and place. Annual reviews are conducted by the FDP to ensure compliance with all requirements of the contract.

19. Reports

Reports of Receipt and Issue of Donated Foods to the FDP:

Monthly: Contractor will transmit as an attachment to an electronic mail message addressed to the FDP, not later than the 5 th business day of the month following the month of transactions, a physical month-end inventory report, inventory activity and aging reports, which must include at a minimum, inventory on hand at the end of the month; item usage reflecting the quantity of each item issued during the month; RA usage by item and RA, and; a warehouse damage report for the month. These reports will be prepared in a format requested by the FDP.

Unallocated inventory: Contractor will transmit as an attachment to an electronic mail message addressed to the FDP, not later than the 5 th calendar day of the month following the month of transactions, an aging report showing items not allocated or sent to storage with a receipt date greater than 60 days from the end of the month report. The report should include the USDA item code, USDA description, pack size, receipt date and quantity on hand.

Contractor must transmit inventory expiration report indicating products with less than 4 months shelf life remaining.

For Audit Purposes: Contractor will maintain original copies of invoices, credit memos, and shipping manifests, that are signed by a representative of the RAs indicating items received, for a period of three (3) years following the close of the Federal Fiscal Year (October 1

– September

30) to which they pertain and must be available for review at any reasonable time upon request of either the USDA and/or FDP officials. However, in instances when claim actions and/or audit findings have not been resolved, the records will be retained as long as required for the resolution of such actions or findings, and at least three (3) years (or otherwise directed by the

FDP) after the closure of the audit and/or investigation.

Ad Hoc Reports

Contractor will be prepared to provide FDP officials with inventory status reports at any time and for any reason. In the event of an emergency or disaster where the FDP is required to make donated foods available for emergency feeding, contractor will supply the FDP with an inventory report within four (4) hours of request. In addition, contractor will cooperate with FDP officials in distributing donated foods in the event of an emergency, in accordance with USDA guidelines.

At a minimum, contractor will provide the FDP with the names, addresses, and phone numbers

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for work and home of authorized personnel who can be contacted by the FDP in emergencies.

The FDP will compensate contractor for such services.

Physical Inventory

Accurate and complete records will be maintained with respect to the receipt, distribution/use, and inventory of donated foods including end products processed from donated foods. Failure to maintain records as required under 7 CFR section 250.16 will be considered prima facie evidence of improper distribution or loss of donated foods, and contractor will be held liable for the value of the food or replacement of the food in kind (7 CFR sections 250.15(a)(6) and

250.15(c)).

Contractor shall submit to the FDP, a copy of contractor Physical Inventory Management Plan, to include but not limited to processes, tasks, timelines, and method of reconciliation of inventory to financial records that will ensure audit-readiness by the FDP. At a minimum, contractor will conduct ongoing sample and monthly cycle counts, verifying the physical counts with book inventory. Roll Forward reports of inventory will be provided to the state monthly and will include annotations as to adjustments made from the physical inventory count to the book inventory.

At least annually, the FDP, possibly along with federal representatives, will require and make arrangements to observe contractor in conducting a full physical inventory of all USDA Foods as closely as possible to the end of the State Fiscal Year, i.e., June 30. Inventory is to be counted and recorded and verified to either/both book inventory and staging locations. Contractor will cooperate with FDP officials to reconcile any differences in inventory. An additional count may be re quested at the FDP’s discretion.

The contractor shall reconcile overage and shortage discrepancies between physical inventory and book inventory, if such exist. The contractor shall determine any irreconcilable overages and shortages by computing the value of such shortages and overages based on the value established by FDP and federal officials. The contractor shall agree and understand that if the value of overages exceeds the value of shortages, no settlement is required. The contractor shall adjust inventory records after settlement to correspond with physical inventory. The FDP will reallocate all overages after the annual warehouse review.

Irreconcilable overages and shortages with similar USDA items will be settled by computing and offsetting the value of such shortages and overages based on the USDA cost. If the value of shortages exceeds the value of overages, a monetary or in kind settlement for the difference in value will be required to be paid by contractor to the FDP.

Contractor will be held liable for all shortages on single items with no apparent similarity to other USDA items being held in the warehouse or by a sub-contracted facility.

Settlements on shortages will be made in accordance to federal regulation. Book inventory will be adjusted to correspond with physical inventory after settlement.

The contractor shall be liable for: (1) all losses of, damages to, or improper distribution of foods which occurs as a result of the contractor’s fault or negligence, and (2) all inventory shortages for items in the care, custody, and control of the contractor that cannot be properly accounted for.

 The contractor shall agree and understand that “restitution in cash” or “replacement in kind” shall be required and that claim may be levied against the contractor to recover the

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value of food lost, improperly distributed, or not properly accounted for. “Restitution in

Cash” is defined as USDA purchase price. “Replacement in Kind” is defined as like product of equal or better quality.

20. Licensing Requirements

Contractor will acquire all licenses required by State of Colorado statutes to have a license to operate. The responsibility for acquiring such a license, prior to any commodity distribution, rests with contractor.

21. Quality Assurance Program and System Standards

Contractor will have or be in the process of/or willing to implement a Quality Management

System that provides the ability to identify, measure, control, and improve core business processes that will ultimately lead to improved business performance acceptable to the FDP.

Widely recognized Government or Industry Quality system standards should be used as guidelines.

Contractor will provide the FDP with documentation that describes contractor’s System and is subject to review and approval at all times by FDP management staff.

Contractor’s system shall include language allowing right of access by the State of Colorado and regulatory authorities to all facilities involved and to all applicable records.

22. Special Issues

The FDP will survey RAs that may include annual selection of delivery method, as well as other pertinent information regarding service and other. Completed surveys will be available to contractor.

23. Subcontractors

Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Colorado and to ensure that the State of Colorado is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor.

a. The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

b. The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

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c. The contractor must obtain the approval of the State of Missouri prior to establishing any new subcontracting arrangements and before changing any subcontractors. The approval shall not be arbitrarily withheld. d. No contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of

Colorado.

B. Civil Preparedness Emergency, Title 28 Section 28-9

The Contractor emergency plan must comply with the Department of Homeland Security guidelines. www.fema.gov/pdf/government/npg.pdf

In the event of serious disaster, enemy attack, sabotage or other hostile action or in the event of the imminence thereof, the Governor may proclaim that a state of civil preparedness emergency exists, in which event the Governor may personally take direct operational control of any or all parts of the civil preparedness forces and functions in the state.

Emergency Plan: Contractor is required to have an emergency backup plan in place in the event of power outages, work stoppages, computer failures, shortages, or any other emergency situation. The

FDP will work with contractor to ensure the safety of contractor employees and integrity of contractor equipment.

C. Bio-Security Precautions

Contractor will provide adequate precautions in their warehousing facilities and to assure that similar precautions are put in place at sub-contracted facilities to secure against the possibility of bioterrorism. Precautions will include at a minimum:

A system to limit access to USDA Foods to authorized personnel only.

Video monitoring during working hours for access areas with limited visual recognition of entry and exit personnel.

Procedures for challenging unauthorized personnel in the warehouse and for the immediate reporting of any suspected tampering of USDA Foods to the FDP.

D. Business Interruption and Continuity

Protecting data, information, and ensuring business will continue in the event of a disruption is key to protecting the FDP program assets. To this end, contractor should demonstrate a sound business interruption/continuity and/or disaster recovery plan. In the event a business continuity and disaster recovery plan is not currently part of the business, contractor will have or be in the process of creating, a business continuity and/or disaster recovery plan that addresses the potential impacts and underlying risks affecting the business and proposed activities necessary to respond and restore normal business operations should a disruption occur.

E. Traceability

FDP will provide Colyar at no cost to the Contractor. This system provides a method to provide required traceability.

If the Contractor elects and FDP approves the use of another electronic system, the system must

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meet the following requirements:

Must be in place at the time of contract, must interface with WBSCM and/or Colyar to quickly and accurately track and trace product, and allow for successive links between what is received, stored, shipped, and delivered. At a minimum, the system will have the ability to:

Establish unique identification of locations and/or functional entities;

Trace lots and batches throughout the receipt, storage, shipment, and delivery process;

Identify and trace pallets throughout the receipt, storage, shipment, and delivery process.

F. Fuel Surcharge

Recognizing the current volatility of the oil industry and that the cost of gasoline and/or diesel fuel may rise or fall during the term of the contract, the FDP may consider a corresponding increase/decrease to the contract price for delivery services (as stated on the Pricing Page) subject to the following stipulations:

A fuel surcharge will be allowed if the current price per gallon of gasoline/diesel fuel is at least 20 percent higher than the price per gallon of gasoline/diesel fuel reflected on the Pricing Page of the contract. The contractor shall further agree and understand that if the current price per gallon of gasoline/diesel fuel is at least 20 percent lower than the price per gallon of gasoline/diesel fuel reflected on the Pricing Page of the contract, the fuel portion of the firm, fixed delivery price shall be decreased.

The index used for the contract to determine the current price per gallon of diesel fuel shall be the

Weekly Retail On-Highway Diesel Prices for the Average All Types, Rocky Mountain, as posted each

Monday by the Energy Information Administration at : http://www.eia.gov/petroleum/gasdiesel/ or http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r40_w.htm. Information specific to Colorado may be found at http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_sco_w.htm

In the event the current price per gallon of gasoline/diesel fuel increases to at least 20 percent higher than price per gallon of gasoline/diesel fuel reflected on the Pricing Page of the contract and the contractor desires to increase the firm, fixed price for delivery services, the contractor must submit documentation of the increase in the price per gallon of gasoline/diesel fuel to the FDP. In addition, the contractor shall submit a copy of the rate schedule from the applicable website referenced above which reflects the current price per gallon of gasoline/diesel fuel. The contractor must also complete and submit the Delivery Service Cost Analysis on the Pricing Page showing the increase to the firm, fixed price for delivery services.

If the request for the increase to the firm, fixed delivery price is approved by the FDP or if the FDP elects to pursue a price decrease, the contractor shall agree and understand that only the firm, fixed delivery price shall be increased/decreased. Utilizing the information from the Delivery Service Cost

Analysis, the firm, fixed delivery price shall be increased/decreased as follows:

The number of gallons of gasoline/diesel fuel, as indicated in the Delivery Service Cost Analysis from the Pricing Page of the awarded proposal, shall be multiplied by the current price per gallon of gasoline/diesel fuel.

The resulting figure shall be added to the Total of All Other Costs indicated in the Delivery Service

Cost Analysis.

30

The total shall be divided by the number of units of Delivery Service, as indicated in the Delivery

Service Cost Analysis from the Pricing Page of the awarded proposal, thereby resulting in the increased/decreased firm, fixed delivery price.

Except for at the time of contract renewal, the FDP shall not approve a request to increase, nor will the FDP pursue a decrease to, the firm, fixed delivery price more than once every three months. The price per gallon of gasoline/diesel fuel applicable for the renewal period shall reflect the current price per gallon of gasoline/diesel fuel reflected on the applicable website. The contractor shall further agree and understand that the fuel price indicated on the Pricing Page shall be applicable for at least the first three months of the contract.

Any price increase/decrease shall become effective following written approval from the FDP.

G. Liquidated Damages

The contractor shall agree and understand that the provision of the food delivery in accordance with the requirements and delivery schedule stated herein is considered critical to the efficient operations of the FDP. However, since the amount of actual damages would be difficult to establish in the event the contractor fails to comply with the requirements and delivery schedule , the contractor shall agree and understand that the amount identified below as liquidated damages shall be reasonable and fair under the circumstances.

In the event there is a shortage or damage to an item noted on the invoice and the Contractor neglects to resolve the discrepancies the Contractor shall be assessed liquidated damages in the amount of $200.00 for each twenty-four (24) hour period thereafter in which the identified requirement is not completed.

In the event the contractor substitutes items, brand, or code number without prior approval from the

FDP the contract shall be assessed liquidated damages in the amount of $100.00 for each occurrence.

In the event the contractor fails to submit invoices and an inventory list to the FDP within five (5) calendar days following the last working day of the month for which the invoices pertain, the contractor may be assessed liquidated damages in the amount of $50.00 for each twenty-four (24) hour period thereafter in which the identified requirement is not completed. Reports will not need to be submitted if Contractor uses Colyar system currently in place by FDP.

H. Federal Funds Requirements

The Contractor shall understand and agree that the contract may involve the use of federal funds.

Therefore, for any federal funds used, the following paragraphs shall apply:

In performing its responsibilities under the contract, the contractor shall fully comply with the following

Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments:

Uniform Administrative Requirements - A-102 - State/Local Governments; 2 CFR 215 - Hospitals,

Colleges and Universities, For-Profit Organizations (if specifically included in federal agency implementation), and Not-For-Profit Organizations (OMB Circular A-110).

31

Cost Principles - 2CFR 225

– State/Local Governments (OMB Circular A-87); A-122 - Not-For-Profit

Organizations; A-21 - Colleges and Universities; 48 CFR 31.2 - For-Profit Organizations; 45 CFR 74

Appendix E – Hospitals.

The contractor shall comply with all applicable standards, orders or regulations issued pursuant to the

Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33

U.S.C. 1251 et seq.).

If the contractor is a sub-recipient as defined in OMB Circular A-133, Section 210, the contractor shall comply with all applicable implementing regulations, and all other laws, regulations and policies authorizing or governing the use of any federal funds paid to the contractor through the contract.

Non-Discrimination and ADA - The contractor shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to the contract. These include but are not limited to:

Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities;

Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. Section 206 (d));

Title IX of the Education Amendments of 1972, as amended (20 U.S.C 1681-1683 and 1685-

1686) which prohibits discrimination on the basis of sex;

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) which prohibit discrimination on the basis of disabilities;

The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age;

Equal Employment Opportunity – E.O. 11246, “Equal Employment Opportunity”, as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment

Opportunity”;

The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided via the contract.

I. Advisory Committee

The FDP may choose to coordinate input from its Advisory Committee for items covered under the resultant Contract. Committee will be responsible to meet up to three times per year to discuss issues and matters on concern/interest, as well as to evaluate inventory and warehouse management practices and related items.

Contractor will be required to designate a Key Contact Person who will be required to attend and represent the contactor at the Advisory Committee meetings upon request . Contractor’s designee will be prepared to discuss topics, to include, but not be limited to processes, industry trends, and issues of interest / concern.

J. Conflict of Interest or Appearance Thereof

Contractor warrants that performance of the work required hereunder will create neither an actual

32

conflict of interest with other work performed by contractor, nor the appearance of such a conflict.

K. Transition:

Upon award of the contract, the contractor shall work with the FDP and any other organizations designated by the FDP to ensure an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the FDP.

Upon expiration, termination, or cancellation of the contract, the contractor shall assist the FDP, at no additional cost, to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract to an organization designated by the FDP. If requested by the FDP, the contractor shall provide and/or perform any or all of the following responsibilities:

1. The current Contractor, if not selected, shall deliver all records, USDA foods, documentation, reports, data, recommendations, or printing elements, etc., which were required to be produced under the terms of the contract to the FDP and/or to the FDP’s designee within seven (7) days after receipt of the written request in a format and condition that are acceptable to the FDP.

2. The current Contractor, if not selected, shall discontinue providing service or accepting new assignments under the terms of the contract, on the date specified by the FDP, in order to ensure the completion of such service prior to the expiration of the contract.

3. The new Contractor, will pick up all remaining USDA inventory remaining in State warehouses in order to assume responsibilities under contract award.

4. If requested in writing via formal contract amendment, the contractor shall agree to continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period not to exceed 60 calendar days after the expiration, termination or cancellation date of the contract for a price not to exceed those prices set forth in the contract.

33

SECTION V

RESPONSE FORMAT

To facilitate an effective evaluation process, proposals must be submitted in the following format on 8

1/2 by 11 inch paper and all pages should be numbered in the following manner: page__ of __ pages.

Please use double-sided pages. All acronyms in the proposal must be defined. Failure to provide the requested information may result in disqualification of the proposal. Proposals that do not follow the sequence, outline, and response format of this RFP, may be deemed non responsive and disqualified from further consideration.

A. State of Colorado Request for Proposal Signature Page

Include the State of Colorado Request for Proposal Signature Page. An officer of the Offeror who is legally authorized to bind the Offeror to the proposal must sign this page in ink.

B. Transmittal Letter

Submit a Transmittal Letter on your official business letterhead that:

1. Positively states your willingness to comply with all work requirements and other terms and conditions as specified in this RFP.

2. Identifies all material and attachments that comprise your proposal.

3. Is signed by an individual authorized to commit your organization to the proposed work.

4. States whether the Offeror is a partnership, a non-profit corporation, a Colorado corporation, a non-Colorado corporation, or some other business structure. Non-Colorado corporations must register as a foreign corporation to conduct business in Colorado and appoint a resident agent to review process. If the Offeror is a foreign corporation, a limited liability partnership or a limited liability limited partnership, state that the Offeror currently has a Certificate of Good

Standing or Certificate of Existence to do business in Colorado. Proof of such certification shall be provided upon request.

5. States whether the Offeror or any of the Offeror's employees, agents, independent Contractors, or proposed subcontractors has ever been an excluded provider, convicted of any criminal charges or actions involving moral turpitude. If yes, attach an explanation.

6. States that the Offeror's Proposal shall remain valid for a minimum of one hundred eighty (180) days from the date of the award.

7. Discloses all current pending contracts with the State of Colorado and all bids or proposals submitted to the State of Colorado but not yet awarded.

8. Identifies all potential conflicts of interest related to this RFP. If any actual or potential conflicts of interest are identified, provide your plan to mitigate the actual or potential conflict of interest.

9. Vendor disclosure of services identifies if the vendor or subcontractor will perform the services outside the state of Colorado or United States. If this is the case, provide a brief statement explaining why the vendor believes it is necessary or advantageous to perform the services outside the state of Colorado or United States.

10. Information disclosing any subcontractor use in meeting the terms of this RFP.

C. Technical/Business Proposal

Restate each requirement set forth in Section 4, Requirements/Statement of Work, followed by a

34

response describing the approach and how the requirement will be met.

Identify the Section number of each requirement. Indicate in detail the scope of services included in your proposal and identify any items requested by the State that are not included in your proposal.

Include a risk assessment and how your firm proposes to minimize those risks including vendor selfassessment and quality control for a successful engagement meeting the goals and expected outcomes described in this RFP and RFP proposal response.

D. Demonstrated Experience and Capabilities

1. Describe how your company will manage this project.

2. Indicate key personnel who will be assigned to the project and describe their experience.

Explain how you will ensure that equally qualified persons are assigned to the project if these individuals leave the project. The state expects that the awarded Offeror will continue to make the key project personnel available through the life of the contract. The state reserves the right to approve any replacement personnel.

3.

The Offeror’s proposal shall include evidence that it has the knowledge, skills, abilities and experience in the areas identified by the requirements in Section 4, Requirements/Statement of Work. a. Describe your firm’s experience with similar projects. Submit at least two (2) client references for each project for a maximum of five (5 ) projects within the past three (3) years.

E. Pricing Information

Include Exhibit E, Pricing Page and Exhibit F, Fuel Surcharge & Delivery Analysis.

F. Additional Data

Since the preceding sections are to contain information that is specifically requested, the firm may include any additional information considered essential to the proposal in this section. The firm should not include general information publications, such as marketing, directories or client lists.

G. State Responsibilities

The Department will appoint an individual to be a liaison to the successful Offeror. This individual will attend entrance/exit conferences and assist the firm in understanding Department requirements and reporting guidelines.

35

SECTION VI

EVALUATION AND AWARD

A. Evaluation of Proposals

The award decision ultimately is a business judgment that will reflect an integrated assessment of the relative merits of the proposals using the factors set forth in the RFP. The Department intends to award the contract to the Offeror whose proposal, conforming to the RFP, will be most advantageous to the Department, price and other factors considered.

The Department will conduct a comprehensive, fair, and impartial evaluation of the proposals received in this solicitation effort. A Proposal Evaluation will evaluate Proposals that meet the minimum general requirements. Evaluation criteria for the proposals will be used for the purpose of ranking the proposals in a relative position based on how fully each proposal meets the requirements of this RFP. Such ranking will not necessarily be conclusive in selection of a prospective Contractor, but will be evaluated with other information that may come to the attention of the State, and may, in their judgment, impact the prospective Contractor's ability to perform the services.

Offerors should not assume that they would have an opportunity for oral presentations or revisions of proposals. Therefore, Offerors should submit their most favorable proposal as their initial proposal. If an award is not made based on the initial proposals, Offerors considered most competitive may be provided an opportunity to make an oral presentation. The competitive range determination will be based exclusively on the written proposals. Offerors are therefore cautioned to ensure that their proposals adequately convey a sound approach and a comprehensive understanding of the scope of work requirements. If proposal revisions are permitted after the conclusion of oral presentations and discussions, the Department will establish a date, in writing, for submission of best and final offers.

The purpose of this step would be to submit revisions only, not to submit comprehensive proposal rewrites.

B. Submission Checklist

Proposals that have met the minimum submission requirements outlined in this RFP will be passed on to the evaluation review committee for further review and consideration.

At a minimum, proposals are:

1. Submitted by the due date and time.

2. Registered BIDS Vendor

3. Completed and Signed Signature Page

4. Completed and Signed Transmittal Letter

5. Organized, Tabbed and formatted per instructions contained within the RFP and all other documents considered to be a part of the RFP.

6. Packaging instructions and designated number of copies.

Proposals that do not meet the criteria of the Submission Checklist, and initial review may be disqualified.

C. Mandatory Criteria

Insert mandatory submission requirements, i.e.; certifications, licenses, years minimum experience,

36

etc. Proposals that do not comply with mandatory requirements will be disqualified. Therefore, care must be given to labeling requirements mandatory. Requirements that contain “must” or “shall” in other sections are be deemed to be mandatory. Requirements that contain “may” are considered to be desirable.

D. Evaluation Criteria

The successful Offeror will be chosen based on the following evaluation factors and their relative weights in the scoring process:

Evaluation Factors Weight

Approach, Understanding, Management

Corporate Experience and Structure

Cost Proposal

Customer Service/References

Total

15%

15%

45%

25%

100%

E. Basis for Award

The business and technical factors will be assessed based on the soundness of the Offeror’s overall approach and the Respondent's understanding of the requirements. The experience and/or demonstrated capabilities factor will be assessed by considering the extent to which the qualifications, experience and past performance are likely to foster successful, on-time performance.

Strategies for meeting expedited implementation timeframes will be assessed based on their reasonable likelihood of success. Assessments may include a judgment concerning the potential risk of unsuccessful or untimely performance, and the anticipated amount of State involvement necessary

(beyond that reasonably necessary) to ensure timely, successful performance.

The Offeror recommended for an award must provide (upon request) documentation of financial responsibility, financial stability, and sufficient financial resources to provide the services sought in this RFP. This response must include financial information by which the State may reasonably formulate an opinion about the relative stability and financial strength of the Offeror and a credit rating by a rating service. These statements shall include at least a balance sheet and income statement

(including footnotes). These statements must be certified by a certified public accountant (CPA).

The State may disqualify from consideration any Offeror who is involved in bankruptcy proceedings or whose financial condition is deemed to pose a risk to the State for successful performance of the contract.

F. Performance of Award

Proposed changes or exceptions to any requirement, or State’s Contract Terms and Conditions

(Exhibit _), may disqualify Offeror’s proposal response from consideration. A completed contract is expected within 30 days following the letter of intent to award. In the event a contract is not signed

(through no fault of the State) by the awarded Offeror within 30 days, and barring any protest that may delay the completion of a contract, the State may elect to cease negotiations, withdraw the award, and award to the next most advantageous Offeror.

37

G. PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 (EXCLUDED; SECURITIES,

INVESTMENT ADVISORY SERVICES OR FUND MANAGEMENT, SPONSORED PROJECTS,

INTERGOVERNMENTAL AGREEMENTS, OR INFORMATION TECHNOLOGY SERVICES OR

PRODUCTS AND SERVICES).

Effective May 13, 2008, contractors who enter into or renew a public contract for services with

Colorado state agencies or political subdivisions must participate in either the Federal E-Verify program, or the Colorado Department of Labor and Employment Program. For more information see:

E-Verify Program : http://www.dhs.gov/e-verify or,

Colorado Department of Labor and Employment Program and notice forms: Division of Labor: http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095356380

H. Subcontractor Information

Does this proposal include the use of subcontractors? Yes ____ No ____ Unknown ____

If “Yes”, Contractor must: a) Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor will perform service b) References as specified must be provided for any proposed subcontractors.

38

Exhibit A

Signature Page

39

Exhibit B

Map may be downloaded with more detail by state and region from: http://www.cde.state.co.us/sites/default/files/map-district.pdf

or http://www.cde.state.co.us/cdeedserv/rgmapage

40

Recipient Agency

Adams 12 Sch Dist (CCSTAR)

Adams Sch Dist #14

Adams SD #50

Agate SD 300

Aguilar SD 6

Akron SD R-1

Alamosa Sch Dist RE-11J

Annunciation School (PS)

Archuleta County SD 50 JT

Arickaree SD R-2

Arriba-Flagler SD C-20

Arrupe Jesuit High School (PS)

Aurora Schools

Bennett Sch Dist 29J

Bethlehem Lutheran School (PS)

Bethune SD R-5

Big Sandy SD 100J

Boulder Valley SD

Branson SD 82

Briggsdale SD RE-10

Brush SD RE-2J

Buffalo SD RE-4 (Merino)

Burlington SD RE-6J

Byers SD 32J

CACFP-Bennie E Goodwin Educ.

CACFP-Brother Bear

CACFP-Cherry Grove Preschool

CACFP-Children's Haven Inc

CACFP-Family Learning Center

CACFP-Gingerbread House Early

Learning Center

CACFP-Greenshade School Inc

CACFP-Little Friends Preschool

CACFP-Little Village Preschool

CACFP-Loving Saints Child Care

CACFP-Monte Vista Head Start

CACFP-Pikes Peak CC Child Dev

CACFP-SJB Child Develop Ctrs Inc

CACFP-Step by Step Child

Development Center

CACFP-Teddy Bear Preschool

CACFP-USAF Academy Child Care

Exhibit C: Distributed Cases by Agency 2012-2013

Address

1500 E 128th Ave

4291 East 68th Ave

41032 Second Ave

420 N Balsam

301 E 5th

401 Victoria Ave

3536 Lafayette St

PO Box 1498

12155 CR NN

PO Box 218

4343 Utica Street

15700 E 1St Ave

462 8th street

2100 Wadsworth

Blvd

PO Box 127

PO Box 68

PO Box 9011

Lakewood

Bethune

Simla

Boulder

101 Saddlerock Drive Branson

415 Leslie Briggsdale

PO Box 585

442 Lee St

Brush

Merino

PO Box 369

444 E Front St

Burlington

Byers

2400 E Hoffman Blvd Aurora

2650 E 120th Ave Thornton

14303 E Evans Drive Aurora

2600 S. Sheridan

3164 34th Street

Lakewood

Boulder

City

Thornton

Commerce City

Agate

Aguilar

Akron

Alamosa

Denver,

Pagosa Springs

Anton

Flagler

Denver

Aurora

Bennett

318 Girault Ave.

1019 W Cheyenne

Rd

4595 Eliot Street

4550 E 128th Ave

2270 Humboldt St

2863 Sherman

Avenue

5675 S Academy

Blvd

1511 12th Avenue

Alamosa

Colorado Springs

Denver

Thornton

Denver

Monte Vista

Colorado Springs

Greeley

10689 Melody Drive

PO Box 737

Northglenn

Dolores

6250 Sunflower Drive USAF Academy

Zip Code

80241

80022

80101-0118

81020-0567

80720-1259

81101-4204

80205-3948

81147-1498

80801

80815-0218

80212

80011

80102

80215-2016

80805-0043

80835-0068

80301-9011

81027-0128

80611-0083

80723-0565

80741-0198

80807-1710

80103

80011

80233

80014

80227

80301

81101

80906

80211-1415

80241

80205

81144

80906

80631

80234

81323-0727

80840-3000

47

76

230

133

18

229

14

43

44

15

34

198

62

122

3,561

18

68

612

119

141

89

16

91

83

81

13

Cases 12-13

2,286

2,215

325

50

1

45

1,239

161

590

140

62

154

12,694

339

41

CACFP-Ute Mountain Ute - Day

Care

CACFP-Victory Christian Fellowship

CACFP-Wishes and Dreams Child

Care

CACFP-Yours and Our Little Loves

Inc

Calhan SD RJ-1

Campo SD RE-6

Canon City SD RE-1 /Fremont SD

RE-1

CCStar Co-Op

Centennial SD R-1

Center SD 26 JT

Charter School - Pinnacle

Charter School-Community

Leadership Academy

Cheraw SD 31

Cherry Creek School District

Cheyenne County SD RE-5

Cheyenne Mountain SD 12

Clear Creek SD RE-1

CMHI at Pueblo

CO School For Deaf & Blind

Colorado Springs SD 11

Creede Consolidated SD 1

Crowly SD

Custer County SD C-1

DeBeque SD 49JT

Deer Trail SD 26J

Del Norte SD C-7

Delta County SD 50J

Devereux Cleo Wallace Center

(RCCI)

Dolores County SD RE2

Dolores SD RE-4A

Douglas Cnty Sch Dist R-1

DYC - Denver

DYC - Grand Junction

DYC - Pueblo

DYC- Spring Creek CO Springs

DYC -Zeb Pike CO Springs

Eads SD RE-1 (Kiowa Cnty RE-1)

Eagle County SD RE 50

East Grand SD 2

East Otero SD R-1

PO Box 308

6101 W 10th St

Towaoc

Greeley

493 28-1/4 Road

3060 S Dahlia Street

780 8th St

480 Maple

Grand Junction

Denver

Calhan

Campo

1030 S 4th St

PO Box 347

550 S Sylvester

1001 West 84th Ave

Canon City

Pueblo

San Luis

Center

Federal Heights

6800 Holly St

PO Box 159

14270 E Briarwood

Ave

PO Box 577

1200 W Cheyenne

Rd

185 Beaver Brook

Canyon Rd

1600 W 24th St

33 N Institute St

5260 Geiger Blvd

PO Box 429

117 W 3rd

Commerce City

Cheraw

Centennial

Cheyenne Wells

Colorado Springs

Evergreen

Pueblo

Colorado Springs

Colorado Springs

Creede

Ordway

PO Box 730

PO Box 70

PO Box 129

770 11th St

Westcliffe,

Debeque

Deer Trail

Del Norte

7655 2075 Rd

8405 Church Ranch

Blvd

Delta

PO Box 459

17631 Hwy 145

Westminster

Dove Creek

Dolores

2812 N Hwy 85BldgE Castle Rock

4255 S Knox Court

4255 S Knox Court

4255 S Knox Court

4255 S Knox Court

4256 S Knox Court

210 W 10th St

PO Box 740

PO Box 125

1802 Colorado Ave

Suite 200

Denver

Denver

Denver

Denver

Denver

Eads

Eagle

Granby

La Junta

80112

80810-0577

80906

80439

81003

80903

80915-2555

81130-0429

81063-1101

81252-0211

81630-0070

80105-0129

81132-0159

81416-8367

80021-3918

81324-0457

81323-0757

80104-9444

80236-1808

80236-1808

80236-1808

80236-1808

80236-1809

81036-3145

81631-0740

80446-0125

81050-0439

81334

80634

81501

80222

80808-0021

81029-0070

81212

CO

81152-0347

81125-0730

80260

80022

81030-0159

233

181

353

240

644

133

757

50

333

110

40

52

192

1,340

157

106

247

558

1,452

172

89

186

86

83

1,106

218

929

38

23

28

17

125

42

717

1,438

10

22

546

324

46

42

Eaton SD RE-2

Edison SD 54 JT (CCSTAR)

Elbert County SD 200

Elizabeth SD C-1

Ellicott SD 22

Englewood SD 1

Excelsior Youth Center (RCCI)

Falcon SD 49

Family Crisis Center (RCCI)

Family Tree - Gemini Shelter

(RCCI)

Florence/Fremont SD RE-2

(CCSTAR)

Forest Heights Lodge (RCCI)

Fort Morgan SD RE-3

Fountain SD 8

Frenchman SD RE-3

Garfield SD 16 - Parachute

Garfield SD RE-2 - Rifle

Genoa-Hugo SD C113

Gilpin County SD RE-1

Granada SD RE-1

Gunnison Watershed SD RE1J

Hanover SD 28

Harrison SD 2

Haxtun SD RE-2J

Hayden SD RE-1

Hi-Plains SD R-23

Holly SD RE-3

Holy Family Elementary School

Holyoke SD RE-1J

Hope Online Learning Academy

Huerfano SD RE-1

Idalia SD RJ-3

Jefferson Hills Corporation (RCCI)

Johnstown-Milliken Schools

Julesburg SD RE-1

Karval SD RE-23

Kim SD 88

Kiowa County SD RE-2 (Plainview)

Kiowa SD C-2

Kit Carson SD R-1

Lake County SD R-1

Lamar SD RE-2

Las Animas SD RE-1

200 Park Ave

14450 Edison Rd

24489 Main St

PO Box 610

350 S Ellicott Hwy

4101 S Bannock St

15001 E Oxford Ave

10850 Woodmen Rd

2929 W 10th Ave

1629 Simms St.

Eaton

Yoder

Elbert

Elizabeth

Calhan

Englewood,

Aurora

Falcon

Denver

Lakewood

403 W 5th St

PO Box 789

Florence

Evergreen

715 W Platte Ave Fort Morgan

11355 Old Pueblo Rd Fountain

506 N Fremont ave

800 Cardinal Way

215 E 30th St

PO Box 247

10595 Hwy 119

Fleming

Parachute

Rifle

Hugo

Blackhawk

PO Box 259

800 N Blvd

17050 S Peyton Hwy

1060 Harrison Rd

201 W Powell St

PO Box 70

200 Iowa Ave

PO Box 608

786 26 1/2 Rd

326 E Kellogg St

373 Inverness

Parkway, Suite 205

201 E. 5th St.

26845 CR 9.2

421 Zang St

110 Centennial Dr -

Ste A

525 Spruce

16232 County Rd 29

Granada

Gunnison

Colorado Springs

Colorado Springs

Haxtun

Hayden

Seibert

Holly

Grand Junction

Holyoke

Englewood

Walsenburg

Idalia

Lakewood

Milliken

Julesburg

Karval

425 State St

13997 County Rd 71

PO Box 128

P O Box 185

107 Spruce St

210 W Pearl

300 Grove Ave

Kim

Sheridan Lake

Kiowa

Kit Carson

Leadville

Lamar

Las Animas

80615-0008

80864

80106

80107-0610

80808-9802

80110-4605

80014-4186

80831-8127

80204

80215

81226

80439-0789

80701-2640

80817

80728

81635

81650-3415

80821-0247

80422-8835

81041-0259

81230-2604

80928-9415

80906-3543

80731

81639-0070

80834

81047-0608

81506

80734

80112

81089

80735-0040

80228

80543-3215

80737

80823

81049-0100

81071-1268

80117-0128

80825-0185

80461

81052-3163

81054

737

194

50

347

494

579

282

995

32

10

141

352

54

2,679

127

110

69

178

157

120

380

16

2,144

3,549

55

453

514

65

103

600

173

53

103

1,666

219

35

6

21

93

14

511

660

234

43

Lewis-Palmer SD 38

Liberty SD J-4

Limon SD RE-4J

Littleton Public Schools

Lone Star SD 101

Love Christian Fellowship (PS)

Mancos SD RE-6 (2)

Manitou Springs SD 14

Manzanola SD 3J

Mapleton Sch Dist 1

McClave SD RE-2

Meeker SD RE1

Mesa County Valley SD 51

Miami/Yoder SD 60 JT

Moffat County SD RE1

Moffat SD 2

Monte Vista SD C-8

Montrose County Schools

Mountain Valley SD

Mt Saint Vincent Home (RCCI)

North Conejos SD RE-1J

North Park SD R-1

Norwood SD R-2J

Otis SD R-3

Ouray SD R-1

Park Cty SD Fairplay

Park Cty SD Lake George

Park SD R-3 (Estes Park)

Pawnee SD RE-12

Peetz Plateau SD RE-5

Peyton SD 23 JT

Plateau Valley SD 50

Platte Canyon SD 1

Platte Valley SD RE-3

Platte Valley SD RE-7

Prairie SD RE-11

Presentation Of Our Lady School

Primero SD 2

Pritchett SD RE-3

R-2 High School

Rangely SD RE-4

Roaring Fork SD RE-1

Rocky Ford SD R-2

Salida SD R-32

Sanford SD 6J

Sangre De Cristo Sch Dist RE-22J

PO Box 40

9332 Hwy 36

874 F Ave

5776 S Crocker

44940 County Rd 54

4651 Tulsa Ct

395 W Grand Ave

110 Pawnee Ave

200 S Canal

591 E 80th Ave

308 Lincoln

PO Box 1440

2280 E. Main Street

420 S Rush Rd

900 Finley Lane

PO Box 428

345 E Prospect

PO Box 10,000

PO Box 127

4159 Lowell Blvd

17890 Hwy 285

PO Box 798

1225 W Summit Ave

518 Dungan

400 7th Ave

PO Box 189

PO Box 420

1600 Manford Ave

19 Chatoga Ave

311 Coleman St

13550 Bradshaw

56600 Hwy 330

Monument

Joes

Limon

Littleton

Otis

Denver

Mancos

Manitou Springs

Manzanola

Denver

McClave

Meeker

Grand Junction

Rush

Craig

Moffat

Monte Vista

Montrose

Saguache

Denver

La Jara

Walden

Norwood

Otis

Ouray

Fairplay

Lake George

Estes Park

Grover

Peetz

Peyton

Collbran

1737 Park County Rd Bailey

300 Morgan St Ovid

901 Cambell

PO Box 68

Kersey

New Raymer

660 Julian

20200 Highway 12

PO Box 7

1200 Green Street

402 W, Main #233

1405 Grand Ave

Denver

Weston

Pritchett

Ridgway

Rangely

80421-0158

80744-0369

80644-0487

80742-0068

80204-3148

81091-9801

81064-0007

81432-8712

81648

Glenwood Springs 81601

601 S 8th St

905 D St

755 2nd St

5401 Terry St

Rocky Ford

Salida

Sanford

Mosca

81067

81201-0070

81151

81146

80132-0040

80822-0112

80828

80120-2094

80743

80239

81328-0428

80829-2001

81058-0148

80229-7008

81057-0001

81641-1440

81501

80833

81625-3241

81143-0428

81144-1320

81401-1000

81149

80211-1658

81140-0072

80480-0798

81423-0448

80743-0401

81427-0538

80440-0189

80827

80517

80729-0220

80747-0039

80831-0098

81624-9704

111

106

44

150

31

174

26

136

182

182

149

576

61

340

1,396

33

81

350

95

536

43

222

54

80

108

146

87

82

2,131

115

156

367

282

83

337

113

101

41

25

51

149

172

578

225

179

179

44

Sargent SD RE-33J

Savio House (RCCI)

Shiloh House (RCCI)

South Conejos SD RE-10

South Routt SD RE3

Springfield SD RE-4

St Columba School (PS)

St John The Evangelist School (PS)

St Joseph's School (PS)

St Rose Of Lima School (PS)

St Therese School (PS)

St Vrain Valley SD

Strasburg SD 31J

Stratton SD R-4

Summit SD RE-1

Swink SD 33

Telluride SD R-1

Turning Point Center For Youth

(RCCI)

University of Colo Synergy

Valley SD RE-1

Walsh SD RE-1

Weld County SD RE-8 Ft Lupton

Weld Cty SD - Gilcrest

Weld Cty SD Ault-Highland

Weld Cty SD Keenesburg

Weldon Valley SD RE-20J

West End SD RE-2

Wiggins SD RE-50J

Wiley SD RE-13 JT

Windsor SD RE-4

Woodland Park SD RE-2

Woodlin SD R-104

Wray SD RD-2 - Middle School

Wray SD RD-2 High & Grade Sch

Yuma SD 1

7090 N Rd 2 E

325 King St

6400 W Coal Mine

Monte Vista

Denver

Littleton

PO Box 398

PO Box 158

389 Tipton St

1801 E 3rd Ave

1730 W 12th Street

127 N Howes St

1345 W Dakota Ave

1200 Kenton St

Antonito

Oak Creek

Springfield

Durango

Loveland

Fort Collins

Denver

Aurora

2929 Clover Basin Longmont

56729 Colorado Ave. Strasburg

219 Illinois Ave

PO Box 7

610 Columbia

725 W Colorado Ave

Stratton

Frisco

Swink

Telluride

614 Mathews St.

3738 W Princeton Cr

301 Hagen St

300 N Ohio

616 S Denver Ave

PO Box 157

PO Box 68

PO Box 269

911 North Avenue

PO Box 570

320 Chapman

510 Ward Street

PO Box 609

PO Box 99

PO Box 185

30222 CR 35

30222 Cty Road 35

1000 S Albany St

Fort Collins

Denver

Sterling

Walsh

Fort Lupton

Gilcrest

Ault

Keenesburg

Weldona

Nucla

Wiggins

Wiley

Windsor

Woodland Park

Woodrow

Wray

Wray

Yuma

Tennyson Ctr for Children -67 Denver Inner City Parish - 14

2576 cases Quantity does not include will call items picked up from state warehouse(s):

Quantity does not include surplus allocations to agencies.

80524-3012

80236-3110

80751

81090-0068

80621-1329

80623-0157

80610-0068

80643-0269

80653

81424

80654-1374

81092-0247

80550-0609

80866

80757-0185

80758-0157

80758-9338

80759-3103

81144-9756

80219-0551

80123

81120-0347

80467-0158

81073

81301-5022

80537

80521-2717

80223-2006

80010-3444

80503-6436

80136-7809

80836-0266

80443-0007

81077-0487

81435

34

49

1,443

90

490

818

281

470

59

116

193

114

25

485

71

194

334

441

78,526

261

35

43

96

195

138

106

102

83

36

37

8

395

119

1,287

147

211

45

Exhibit D

Certification Regarding

Debarment, Suspension, Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and

Suspension, 29 CFR Part 98 Section 98.510, Participants' responsibilities. The regulations were published as

Part VII of the May 26, 1988, Federal Register (pages 19160-19211).

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION)

(1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Company Name

Authorized Representative’s Printed Name

Authorized Representative’s Signature

DUNS #

Authorized Representative’s Title

Date

Instructions for Certification

1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. 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 rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall 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 DOL.

6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled

"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it 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 List of Parties Excluded from Procurement or Nonprocurement Programs.

8. 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.

9. Except for transactions authorized under paragraph 5 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 voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

46

Exhibit E

Pricing Page

Food Warehousing and Delivery Service - The Offeror shall provide firm, fixed prices for the original contract period for providing handling, storage, pickup, and delivery services in accordance with the provisions and requirements of this RFP.

1. The current grace period (free) for dwell time is 45 days. Please indicate your proposed grace dwell

____________ days period.

2. The current drop/delivery minimum is ten (10) cases. What is your proposed minimum number of cases per drop/delivery? ____________ cases

3. How many storage locations will you utilize for this contract? ____________ location (s)

4. Does your company perform background checks on drivers as a standard operating procedure?

Please circle one: Yes or No

Handling, Storage, Delivery, and Pickup Pricing for the FDP

Item # Description

Original Contract Period

Firm, Fixed Price

001 Receipt & Delivery $___________ per unit

002

Long Term Storage $___________ per unit, per month after designated dwell period

003 Will Call Pickup per unit

Price adjustment clause: When the contract is renewed each year rate increases and decreases may be justified based on industry cost data and consumer price index. Proposals shall be in the form of a firm price per case without regard to weight or physical size of cases.

$__________ per unit

Miscellaneous

Will the contractor assess any additional charges on RAs for the following? If yes, indicate proposed charges for each area. If no, indicate N/A.

1. Storage location of food differential? ______________

2. Invoice late fees or surcharges?

(If yes, terms must be a minimum of net 30)

______________

3. Will there be any prompt payment discounts? ______________

Will there be any additional charges/fees assessed to RAs not listed on this page?

If so, please describe in detail in written response.

47

Exhibit F

Fuel Surcharge & Delivery Analysis

A fuel surcharge will be allowed if the current price per gallon of gasoline/diesel fuel is at least 20 percent higher than the price per gallon of gasoline/diesel fuel reflected on the Pricing Page of the contract. The contractor shall further agree and understand that if the current price per gallon of gasoline/diesel fuel is at least 20 percent lower than the price per gallon of gasoline/diesel fuel reflected on the Pricing Page of the contract, the fuel portion of the firm, fixed delivery price shall be decreased.

The index used for the contract to determine the current price per gallon of diesel fuel shall be the Weekly

Retail On-Highway Diesel Prices for the Average All Types for the Rocky Mountain Region as posted each Monday at: http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r40_w.htm

Delivery Service Cost Analysis - The Offeror should provide a cost analysis of the firm, fixed price per unit quoted for Delivery Services. In the event of a discrepancy between the unit price on the following cost analysis and the unit price from the above Pricing Table, the Pricing Table shall govern.

The Offeror is advised that failure to complete the following Cost Analysis could result in the inability to request a price increase to the firm, fixed price for Delivery services due to an increase in the price per gallon of gasoline/diesel fuel.

The Offeror shall agree and understand that the price per gallon of gasoline and the price per gallon of diesel indicated below are the current prices posted by the Energy Information Administration just prior to the issuance of the RFP. The Offeror shall utilize the applicable price provided below in the calculation of the O fferor’s firm, fixed price per unit. The Offeror shall further agree and understand that the fuel price indicated below shall be applicable for at least the first three months of the contract.

If the Offeror has any questions concerning the completion of the Cost Analysis, please contact the buyer listed on the cover page of the RFP.

Delivery Service Price Per Gallon

Gasoline/Diesel Fuel Gasoline: $_____ per gallon

Diesel: $______ per gallon

Total of All Other Costs

Number of

Units

Total

# ______ gallons

$

$

TOTAL

Delivery Service

Divide Total by the Annual Number of Units

(The unit price must equal the price per unit stated in the above Pricing Exhibit)

# ______ Units Annually

$

$_____________

Offeror may submit an alternate process for determining a fuel surcharge, but must outline terms and methods in detail for consideration.

48

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