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