Food Services

Food Services Food Services RFP Revised August 2021 Page 1 of 56 NOTICE OF REQUEST FOR PROPOSALS FOR FOOD SERVICE MANAGEMENT SERVICES __________ This is a REQUEST FOR PROPOSAL by Molalla River School District in the administration of one or more USDA Child Nutrition Programs hereafter called the Sponsor TO OPERATE AND MANAGE THE FOOD SERVICE FOR SAID LOCAL EDUCATIONAL AGENCY FOR THE SCHOOL YEAR BEGINNING JULY 1, 2023 RENEWABLE FOR FOUR ONE-YEAR TERMS PROPOSALS WILL BE RECEIVED BY SPONSOR UNTIL 2:00 p.m. PST April 14, 2023. PROPOSALS WILL BE CONSIDERED AND A CONTRACT EXECUTED PURSUANT TO THE PROPOSED TIMELINE IN SECTION II, PART B BELOW. PROPOSALS AND SUPPORTING DOCUMENTATION AS DESCRIBED IN THIS REQUEST FOR PROPOSAL (RFP) ARE TO BE DELIVERED TO: Keith McClung, Chief Business Official Molalla River School District 412 S. Swiegle Ave. Molalla , OR 97038 RFP – Molalla River School District Page 2 of 55 TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS FOR FOOD SERVICE MANAGEMENT SERVICES…1 TABLE OF CONTENTS…………………………………………………………………………………………………….2 GLOSSARY OF TERMS……………………………………………………………………………………...3 ARTICLE I:TERMS AND CONDITIONS FOR REQUEST FOR PROPOSALS FOR FOOD SERVICE MANAGEMENT CONTRACT………………………………………………………………………………. 7 ARTICLE II: REQUIRED MATERIALS CONSTITUTING A RESPONSIVE PROPOSAL ...………..13 ARTICLE III: SCOPE OF WORK.......................................................................................................15 ARTICLE IV: FOOD SERVICE PROGRAM....................................................................................... 20 Attachment A: Certificate of Independent Price Determination……………………………………..27 Attachment B: Debarment and Suspension and Other Responsibility Matters Primary Covered Transactions……………………………...............................................................................................28 Attachment C: Clean Air and Water Certificate………………………………………………………...30 Attachment D: Certification Regarding Lobbying Disclosure of Lobbying Activities…………..32 Attachment E: Financial Pro Forma………………………………………………………………………36 Attachment F: Proposal Cover Sheet Certification………………..…………………………………..39 APPENDIX A: Program Information………..…………………………………………………………….40 APPENDIX B: 21-Day Cycle Menus……………………………………………………………………….43 APPENDIX C: Locations to be served……………………………………………………………………44 APPENDIX E: Minimum Food Specifications……………………………………………………………45 RFP – Molalla River School District Page 3 of 55 Glossary of Terms Bidder means the entity that responds to an Invitation for Bids for the purpose of providing a product or service. Buy American means the “Buy American” provision (in section 12(n) of the National School Lunch Act) requires schools to purchase, to the maximum extent practicable, domestic commodities and products. A domestic commodity or product means an agricultural commodity that is processed in the United States, and a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Purchases made in accordance with the Buy American provision must still follow the applicable procurement rules calling for free and open competition. Any entity that purchases food or food products on behalf of the SFA must follow the same “Buy American” provisions that the SFA is required to follow. Code of Federal Regulations (CFR) means the codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal government. Competitive Proposals (previously known as Competitive Negotiation), i.e., a Request for Proposal, means a method of procurement whereby a technical proposal is solicited that explains how the prospective contractor will meet the objectives of the solicitation and a cost element that identifies the costs to accomplish the technical proposal. While price alone is not the sole basis for award, price remains the primary consideration when awarding a contract under the competitive proposal method. Contract means a formal, legally enforceable agreement between a buyer (client) and a seller (contractor) that establishes a legally binding obligation for the seller to furnish goods and/or services and for the buyer to compensate the seller. A contract must clearly and accurately describe the goods and/or services to be delivered or performed and the terms and conditions of the agreement. In the case of school meals programs, a contract is executed by the authorized representatives of the SFA and the contractor that calls for the provision of services, materials, supplies or equipment by the contractor in accordance with all conditions and specifications in the bid/proposal documents, for a price to be paid by the SFA prior to execution. Contract Documents means the bid specifications, requirements, the IFB and the RFP as applicable, and the resulting contract. Donated Foods means foods donated, or available for donation, by the United States Department of Agriculture. Equipment means tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more. State law or policy may set stricter capitalization thresholds for equipment than the one set by Federal standards. Any SFA may use its own definition of equipment if its definition would at least include all items of equipment as defined here. State agency prior approval is required for all capital equipment items with an acquisition cost of $5,000 or more unless the item is identified on the State agency approved list, if applicable. Execution of Contracts means to complete and formally sign the legal document. For school meals purposes, it is the official signing of the contract by the SFA and the contractor, which indicates that the contract has begun (or has been renewed). Before any contract or amendment to an existing FSMC contract is executed, a State agency must review and approve the contract terms and assure that the SFA has incorporated all State agency required changes into the contract or amendment. Fixed-price means a price that is fixed at the inception of a contract and is guaranteed for a specific period of time. A fixed-price contract may also contain an economic cost adjustment provision based on a measurable index such as the Consumer Price Index for All Urban Consumer. FNS means the Food and Nutrition Service of the United States Department of Agriculture. FNS administers the nutrition assistance programs of USDA. The mission of FNS is to work with partners RFP – Molalla River School District Page 4 of 55 to provide food and nutrition education to people in need in a way that inspires public confidence and supports American agriculture. Food Service Management Company (FSMC) means a commercial enterprise or a nonprofit organization that is or may be contracted with by the SFA to manage any aspect of the school food service. [7 CFR 210.2] Under the Summer Food Service Program an FSMC means any commercial enterprise or nonprofit organization with which a sponsor may contract for preparing unitized meals, with or without milk, for use in the Program, or for managing a sponsor's food service operations in accordance with the limitations set forth in §225.15. Food service management companies may be: (a) Public agencies or entities; (b) private, nonprofit organizations; or (c) private, for-profit companies. [7 CFR 225.2] Under the Child and Adult Care Food Program an FSMC means an organization other than a public or private nonprofit school, with which an institution may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk for use in the Program. [7 CFR 226.2]. terms. Local educational agency (LEA) is a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. Material Change means any change made to a contract after it has been awarded that alters the terms and conditions of that contract substantially enough that had other respondents known of these changes in advance, they could have bid differently and more competitively. Meal Equivalency Factor (MEF) is a statistical tool that is used to convert a la carte sales into a standard of measure, in this case a “meal.” The MEF is often used to convert a la carte sales into meal equivalents for billing purposes in fixed price contracts. Noncompetitive Proposal – found in 2 CFR 200.320(f) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (A) The item is available only from a single source; (B) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate. Proposals must include both price and terms using the same procedures that would be followed for competitive proposals. Non-federal entity: means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit School Food Service means all food service operations conducted by the SFA principally for the benefit of schoolchildren, all of the revenue from which is used solely for the operation or improvement of such food services. Per 7 CFR 210.16(a)(5)& (6) school food authorities must retain signature authority on the State agency-school food authority agreement, free and reduced price policy statement and claims and must retain control of the quality, extent, and general nature of its food service, and the prices to be charged the children for meals. Offeror means the entity that provides an offer in response to a solicitation (either an invitation for bids (IFB) or request for proposals (RFP)), for the purpose of providing a product or service and the price/cost of providing such. Processor means any commercial facility which processes or repackages USDA Foods. However, commercial enterprises that handle, prepare, and/or serve products or meals containing USDA Foods RFP – Molalla River School District Page 5 of 55 on-site solely for the individual recipient agency under contract are exempt under this definition. For further information see the definition in 7 CFR 250.3. Procurement means the process of obtaining goods and/or services in accordance with applicable rules and regulations. Request for Proposal (RFP) means a type of solicitation document used for the formal procurement method of competitive proposals. The RFP identifies the goods and services needed and all significant evaluation factors. The RFP is publicized and is used to solicit proposals from a number of sources. Negotiations are conducted with more than one of the sources submitting proposals, and either a fixed- price or cost-reimbursable type contract is awarded, as appropriate. Competitive proposals may be used if conditions are not appropriate for the use of competitive sealed bids. Responsible Offeror means an entity capable of performing successfully under the terms and conditions of the contract. Responsive Bid/Proposal is is one which conforms to all the material terms and conditions of the solicitation. School Food Authorities (SFAs) means the governing body which is responsible for the administration of one or more schools, and has legal authority to operate the National School Lunch Program or School Breakfast Program therein or be otherwise approved by FNS to operate the program. The school system superintendent is typically the person authorized by the governing body to sign legal documents for the SFA. Sealed Bids, i.e., an Invitation for Bids (IFB), means a formal method of procurement in which bids are publicly solicited, i.e., through an invitation for bids (IFB), resulting in the award of a firm-fixed price contract to the responsible bidder whose bid is responsive to the IFB, conforms to all the material terms and conditions of the invitation for bids, and is lowest in price. In the case of local and tribal governments, the IFB must be publicly advertised. Bids must be solicited from an adequate number of known suppliers, providing them with sufficient time to respond prior to the date set in the IFB for opening the bids. For local and tribal governments, the bids must be opened publicly. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the Simplified Acquisition Threshold. The Simplified Acquisition Threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this guidance, the Simplified Acquisition Threshold is $150,000, but this threshold is periodically adjusted for inflation. [2 CFR 200.88] Sole Source Procurement –refers to one type of noncompetitive proposal found in 2 CFR 200.320(f)(see Noncompetitive proposal, above); in the Child Nutrition Programs this occurs only when the goods or services are available from only one manufacturer through only one distributor or supplier. Sole source describes a condition of the procurement environment. In a true sole source situation, conducting a traditional solicitation (sealed bid, competitive negotiation or small purchase) is a meaningless act, because the element of competition will not exist. When faced with an actual sole source situation, an SFA must first obtain State agency approval, and then go directly to the one source of supply to negotiate terms, conditions and prices. Solicitation means a document used by the SFA to acquire goods and/or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all of the contract provisions required by Federal procurement regulations, requirements, terms, and conditions which the offerors must fulfill and all other factors to be used in evaluating the bids or proposals. Sponsor means a person or institution who is responsible for one or more programs under the Oregon Department of Education Child Nutrition Program. State Agency means Oregon Department of Education. RFP – Molalla River School District Page 6 of 55 USDA Foods means foods purchased by the United States Department of Agriculture. USDA Food Programs support domestic nutrition programs and American agricultural producers through purchases of domestic agricultural products for use in schools and institutions. Vendor means a merchandiser of complete meals, meal components, or raw materials. RFP – Molalla River School District Page 7 of 55 ARTICLE I. TERMS AND CONDITIONS FOR REQUEST FOR PROPOSALS FOR FOOD SERVICE MANAGEMENT CONTRACT A. INTRODUCTION Pursuant to state and federal law, Molalla River School District, Local Educational Agency (hereafter called the Sponsor) participating in the National School Lunch Program (NSLP), Child and Adult Care Food Program (CACFP), Fresh Fruit and Vegetable Program (FFSVP), School Breakfast Program (SBP), Special Milk Program (SMP) or Summer Food Service Program (SFSP) may contract with a food service management company (FSMC) to operate eligible school food services. The administration of all USDA Child Nutrition Programs is the responsibility of the Oregon Department of Education (hereafter called the Department). All terms and conditions of procurement and contracting are subject to 2 CFR 200, 7 CFR 210, 7 CFR 250, 7 CFR 226, 7 CFR 225, and Oregon Administrative Rules 581, Division 51, as applicable. The successful FSMC will be required to enter into the Oregon Department of Education standard form agreement titled “SPONSOR- FSMC Contract”. The contract awarded will be a fixed price contract. The FSMC will be paid at a fixed rate per meal. The SPONSOR must determine and receive the full value of USDA Foods, i.e., credits or reductions. The FSMC is responsible for reporting this monthly to the SPONSOR. Adjustments may be accomplished on the monthly invoice from the FSMC or by an annual adjustment as determined by the SPONSOR. USDA Foods values are to be based on the Federal Web Based Supply Chain Management (WBSCM) system for direct delivery food products and the Summary End Product Data Schedules (SEPDS) set forth in the National Processing Agreement (NPA) or the State Participation Agreement (SPA) for processed end products. B. TIMELINE Proposed Schedule: State Agency RFP approval February 27, 2023 RFP Release for Advertisement: March 3, 2023 Mandatory Proposal Meeting and Site Visit Tour 2:00 p.m. PST March 17, 2023 RFP Questions Due: March 24, 2023 Proposals Due: April 14, 2023 Proposals Scored: April 19, 2023 Notification of Apparent Successful Proposer: April 21, 2023 Post-Selection Review and Protest Period Ends: May 1, 2023 Respond to Post-Selection Review comments: May 5, 2023 Board Approval of Selected Proposer: May 11, 2023 State Agency Approval May 19, 2023 Contract Signed and Executed By: May 26, 2023 Submit signed contract to the Department: June 1, 2023 The SPONSOR or the Department may, if necessary, may revise these dates. RFP – Molalla River School District Page 8 of 55 C. GENERAL PROPOSAL INFORMATION The SPONSOR reserves the right, in its sole discretion: 1. to amend the RFP; 2. to extend the deadline for submitting proposals; 3. to decide whether a proposal does or does not substantially comply with the requirements of this RFP; 4. to waive any minor irregularity, informality, or nonconformance with this RFP; 5. to obtain or provide references to other public agencies, upon request, regarding the proposer’s contract performance; and 6. at any time prior to the contract execution (including after announcement of the apparent awardee): (a) to reject any proposal that fails to substantially comply with all prescribed RFP requirements and procedures, and (b) to reject all proposals received and cancel this RFP upon a finding by the SPONSOR that there is good cause therefore and that such cancellation would be in the best interests of the SPONSOR. ALL PROPOSERS WHO SUBMIT A RESPONSE TO THIS RFP UNDERSTAND AND AGREE THAT THE DEPARTMENT AND THE SPONSOR ARE NOT OBLIGATED THEREBY TO AWARD A CONTRACT TO ANY PROPOSER. NEITHER THE DEPARTMENT NOR THE SPONSOR HAS ANY FINANCIAL OBLIGATION TO ANY PROPOSER. IN ADDITION, EACH PROPOSER UNDERSTANDS AND AGREES THAT NEITHER THE DEPARTMENT NOR THE SPONSOR SHALL BE RESPONSIBLE FOR ANY EXPENSES AND COSTS INCURRED IN SUBMITTING A RESPONSE TO THIS RFP. EACH PROPOSER WHO RESPONDS TO THIS RFP DOES SO SOLELY AT THE PROPOSER’S COST AND EXPENSE. D. ADDENDA Questions regarding the information contained in this Request for Proposal must be submitted to Keith McClung, Chief Business Official, Molalla River School District, not later than 2:00 p.m. PST, March 24, 2023. All questions must be submitted in writing or sent to keith.mcclung@molallariv.k12.or.us and received by the specified date and time. No oral questions or post marks will be accepted. If any part of this RFP is amended, addenda will be provided to all proposers who received the initial RFP. Failure to acknowledge all addenda may result in declaration of your RFP as nonresponsive. E. SUBMISSION OF PROPOSALS The following items explain the format requirements for proposal preparation and submission. The SPONSOR reserves the right to eliminate from consideration any FSMC proposal received, which does not follow this format. RFP – Molalla River School District Page 9 of 55

• Proposal must be submitted in the name of the legal entity registered with the State of

Oregon, Corporations Division, to do business in the State of Oregon or an independent contractor.

• Proposers are to respond to the questions asked; limiting answers to no m ore than 2 typed

8.5 x 11 pages per item using 11 point or larger font, no less than singled spaced. Marketing materials are neither requested nor desired. Attachments must be limited to pertinent information that addresses the questions and scoring categories. Submission of extraneous marketing materials may result in a proposal being deemed non-responsive. Any proposal that fails to follow the format specified in this RFP will be considered non- responsive and may be eliminated for consideration by the SPONSOR. The SPONSOR reserves the right to reject any or all bids, if deemed in the best interest of the SPONSOR.

• Proposal should have a title page which list all contact information.
• At least one (1) proposal must bear an original signature signed in Blue ink and dated by the

Applicant/s or a representative legally authorized by the Applicant/s.

• Three (3) copies of the proposal must be submitted in sealed packages or envelopes. All

packages and envelopes must be marked clearly with the note: “RFP--School Food Service” with the date and time for opening. One (1) copy of the proposal submitted electronically in a digital PDF format.

• No oral, telephonic, or facsimile proposals will be accepted.
• Proposals including pricing information must be received by 2:00 p.m. PST April 14, 2023.

Late proposals or modifications will not be accepted. The SPONSOR will award the contract to the most qualified and responsible FSMC whose proposal is responsive to this solicitation. A responsible FSMC is one whose financial and technical resources indicate an ability to perform the services required by this solicitation. The SPONSOR is prohibited from entering into a contract with a FSMC that provides recommendations, develops, or drafts specifications, requirements, statements of work, requests for proposals, contract terms and conditions or other documents for use in conducting the procurement. F. ACCEPTANCE OF CONTRACTUAL REQUIREMENTS SPONSOR considers this RFP to be legally binding. This RFP and the resulting winning proposal submitted by an offeror in response to this RFP will be incorporated into the subsequent awarded contract between the selected FSMC and SPONSOR. It should be understood by the offeror that this means the SPONSOR expects the offeror’s proposal in response to this RFP to satisfy all requirements listed herein. Exceptions should be explicitly noted in offeror’s proposal. Lack of exceptions listed on an offeror’s proposal will be considered as acceptance of all of the specifications including terms and conditions and other requirements as presented in this RFP. All exceptions will be evaluated after the due date during the time of proposal evaluations. No exceptions, addendums, amendments, or other changes to the awarded contract will be allowed thereafter. The only allowable amendments will be the amendment to renew the awarded contract. This amendment will be presented to the contractor by the SFA at the time of renewal. The addition of offeror’s terms and conditions after due date of this RFP will not be allowed. RFP – Molalla River School District Page 10 of 55 G. PRICE Prices, costs, and expenses quoted in submitted proposals shall include all costs for services provided under the contract. The SPONSOR shall establish all selling prices, including price adjustment, for all reimbursable and non-reimbursable meals/milk and a la carte sales (including vending, adult meals, contract meals, and catering) prices. Any unspecified costs shall be borne by the contractor per Oregon Administrative Rule (OAR) 581-051-0570 H. PUBLIC RECORDS This RFP and one copy of each proposal received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the SPONSOR and made part of a file or record, which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following caption: “This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Sheets identified as containing trade secret information shall not contain non-trade secret material. A violation of this requirement shall result in the entire sheet being subject to public disclosure. SPONSOR shall have no liability of the disclosure of trade secret material and especially so when the material is not properly marked or separated from non-trade secret material. I. INVESTIGATION OF REFERENCES The SPONSOR reserves the right to investigate the references and past performance of any proposer with respect to its successful completion of similar projects, compliance with contractual obligations and specifications, and lawful payments of suppliers, contractors, and workers. The SPONSOR may postpone the award or execution of the contract after the announcement of the apparent successful proposer in order to complete the investigation. The SPONSOR reserves the right to reject any or all proposals at any time prior to the execution of a contract.

• Proposers must include a listing of comparable District where they have current Child Nutrition

management services. Listing must include a district contact name, email address, and telephone number.

• Proposers must include in the listing all Districts in the State of Oregon where they currently

provide Child Nutrition management services.

• Proposers must include a listing of all lost or discontinued District accounts within the last five

(5) years. RFP – Molalla River School District Page 11 of 55 J. RECYCLED PRODUCTS Proposers shall use recycled products to the maximum extent economically feasible in the performance of the contract work set forth in this document. . K. PROPOSAL MEETING AND SITE VISIT The scheduled mandatory proposal meeting and site visit is a proposer’s only opportunity to visit the sites. Information provided as a result of proposer questions at the meeting will be distributed as addenda. Attendance at proposal meeting and site tours shall be limited to two (2) outside representatives from each proposer. Vendors may have cameras to document the sites visited. Under no circumstances will photos of students or staff be allowed. Questions during the tour will be noted by SPONSOR staff with answers being distributed via addendum at a later date. Vendors may also submit questions in writing after the tour. The starting point for this meeting will be the District Office 412 Swiegle Ave., Molalla OR 97038. The starting time for this meeting is 2:00 p.m. PST, March 17, 2023. L. PROPOSAL EVALUATION PLAN Proposals shall be thoroughly reviewed and subjected to an impartial evaluation by SPONSOR administrators using the following scoring system. CRITERIA FOR EVALUATION POINTS a. Financial Pro Forma 40 b. Proposed Food, Nutrition and Wellness Programs 25 c. Employee Training & Development Plan including work environment & Food Handling Safety 15 d. Community Involvement and Communications Plan 15 e. Depth of Resident Director, management & support resources 20 f. Child Nutrition Experience with other comparable Districts 15 g. Professional Standards for All SNP Employees 20 150 M. POST-SELECTION REVIEW Competing proposers shall be notified in writing of the selection of the apparent successful proposer and shall be given five (5) calendar days to review the RFP file and evaluation report at the SPONSOR office. Any action which diminishes open and free competition seriously undermines the integrity of the procurement process and may subject the SPONSOR to bid protests. SPONSORs are responsible for properly responding to protests and concerns raised by potential contractors. SPONSOR must attach their bid protest procedures to their RFPs. Any questions or concerns about the selection process must be in writing and must be delivered to: Keith McClung, Chief Business Official Molalla River School District 412 S. Swiegle Ave. Molalla , OR 97038 RFP – Molalla River School District Page 12 of 55 The SPONSOR will promptly respond to proposer questions or concerns. The decisions of the SPONSOR are final. N. RESERVATIONS The Board of Directors of Name of School District herein expressly reserves the following rights: 1.To negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the District. The District does not intend to award a contract solely on the basis of any response made to this request for proposal or in any way to pay for information solicited or obtained. The information obtained will be used in determining what seems to best serve the interest of the District. 2.To consider the competency and responsibility of bidders and of their proposed subcontractors in making the award. 3.To make the award based on its best judgment as to which contractor will provide a program which best meets the Districts expectations of a program employing the highest standards of quality, nutritional standards, palatability and menu variety. 4,To make such changes or corrections in plans, specifications, or quantities as it may deem necessary or desirable prior to the proposal opening. Contractors will be notified of such changes in writing by addenda mailed to the address on file in the District Office. O. CONTRACT: The successful proposer shall enter into a fixed price contract for a period of one (1) year duration, beginning on or about July 1, 2023 and ending June 30, 2024. The contract may be renewed, upon the fulfillment of all contract provision and mutual written agreement of the SPONSOR and FSMC in a addendum executed by the Board-authorized signatory of the SPONSOR and the FSMC prior to expiration of this agreement or subsequent renewal periods, for a maximum of four (4) additional one (1) year terms, at the sole discretion of the SPONSOR. In the event that the SPONSOR and the FSMC agree to renew, the Agreement shall continue under the same terms and conditions as set fourth herein. No material changes in the Agreement may be made by either party. Financial terms of the Agreement are based upon existing conditions and the following assumptions. If there is a material change in conditions, including, without limitations, changes to the following assumptions, this contract (1) may be terminated at the end of the current term or (2) continue under the same terms as written, whichever is mutually agreed upon. The distinction between a minor change and a material change cannot be qualified for every action undertaken in the Child Nutrition (CN) programs. However, at a minimum, a change is material when, had the new term been in the solicitation and original contract, it could have affected how the bidder and other competitors responded to the RFP. Services or features contingent on multi-year contracts are not allowable, for example equipment installation may not be stipulated for contract renewal years. The term materially consistent shall mean that a change does not (1) materially increase FSMC’s cost of providing management service or (2) materially decrease the net revenue derived from the food service operations. The SPONSOR reserves the right to expand the Federal Child Nutrition programs RFP – Molalla River School District Page 13 of 55 in order to provide availability of food resources to children and students that can be served through these programs so long as both parties are in agreement and prior approval is obtained from ODE. The original contract must specify the Consumer Price Index (CPI) Food Away From Home series of the CPI for All Urban Consumers, published by the Bureaus of Labor Statistics of the Department of Labor for the 12-month period March to March. Adjustment factors may include changes in federal reimbursement rates The successful proposer shall enter into a contract with the SPONSOR, which embodies the preceding specifications. The contract must be drafted by the SPONSOR using the ODE template contract as revised to reflect negotiations and subject to final approval by the SPONSOR. The awarded contract must be completed and include all documents contained in the RFP and subsequent negotiations. Changes or amendments are not valid unless approved by ODE prior to contract execution of the awarded contract between the SPONSOR and the selected FSMC. ARTICLE II. REQUIRED MATERIALS CONSTITUTING A RESPONSIVE PROPOSAL A. MANDATORY ITEMS THE FOLLOWING ITEMS 1 - 5 ARE TO BE SUBMITTED WITH ALL PROPOSALS. PROPOSALS NOT CONTAINING ALL APPLICABLE ITEMS WILL BE REJECTED. 1. Cover Letter. The Proposer must submit a cover letter, which contains a brief explanation of the features of the proposal. The Proposer must include the email address, telephone and facsimile numbers of an authorized representative of the FSMC. The cover letter should acknowledge receipt of any amendments or modifications to the RFP. 2. Completed Certificate of Independent Price Determination (Attachment A) 3. Certificate of Suspension and Debarment—if applicable (Attachment B) 4. Certification of Clean Air and Water – if applicable (Attachment C) 5. Certification Regarding Lobbying – if applicable (Attachment D) 6. Financial Pro Forma- if applicable (Attachment E) 7. Proposal Cover Sheet Certification- if applicable (Attachment E) 8. Buy American Provision - The SPONSOR and the FSMC shall purchase, to the maximum extent practicable, domestic agricultural commodities or products. Section 12(n) of the National School Lunch Act defines “domestic commodity or product” as an agricultural commodity that is produced in the U.S. and a food product that is processed in the U.S. substantially using agricultural commodities produced in the U.S. Report language accompanying the legislation noted that “substantially means over 51% from American products.” Therefore, over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51% domestically grown items, by weight or volume as determined by the SFA. This provision applies to all food RFP – Molalla River School District Page 14 of 55 purchases paid from the nonprofit school food services account. (7 CFR Part 210.21(d) and USDA memo 38-2017). Limited Exceptions to the Buy American provision- There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting the “domestic” standard as described above (i.e., “non-domestic”) in circumstances when use of domestic foods is truly not practicable. These exceptions, as determined by the SFA, are:

• The product is not produced or manufactured in the U.S. in sufficient and reasonably

available quantities of a satisfactory quality; or

• Competitive bids reveal the costs of a U.S. product are significantly higher than the non

domestic product. 9. Financial Terms: Complete as to all price terms using a maximum of two (2) decimal points $X.XX, methods of determining costs, rebates, methods of allocating expenses, methods of determining meal equivalents, and all formulas for computing fixed price per meal rate. The FSMC shall determine a per meal price as if all food was purchased (no commodities available.). To the extent relevant in determining financial terms, the FSMC shall use the exact information provided in Appendix (A). For fixed price per meal purposes, each reimbursable lunch shall be considered one (1) meal/meal equivalent, each reimbursable breakfast shall be considered one-half (1/2) of a meal/meal equivalent, and one reimbursable snack shall be considered one-third (1/3) of a meal/meal equivalent Computation of Lunch Equivalency Rate (LER) for a la carte sales. The computation below for computation of LER is only a model. SFAs are encouraged to use this criterion as a minimum in computing the LER and should establish the rate based on other district criteria in efforts to promote reimbursable meals over a la carte sales. Year One Lunch Equivalency Rate (LER) 1. Current Year Federal Free Rate of Reimbursement: $ ___3.93_______ 2. Current Year Menu Certification Rate: $ ___0.08_______ 3. Current Year Value of USDA Entitlement USDA Foods: $ ___0.43_____ Total Lunch Equivalency Rate (Sum of 1+2+3): $___4.44_________ The term materially consistent shall mean that a change does not (1) materially increase selected FSMC’s cost of providing management service or (2) materially decrease the net revenue derived from the food service operations. 10. Menu Cycle. The FSMC must comply with the 21-day menu cycle and specifications (Appendix B) developed for the NSLP, SFSP and CACFP Programs. Any changes made by the FSMC after the first initial menu cycle may be made only with the approval of the SPONSOR. The SPONSOR shall approve the menus no later than two (2) weeks prior to services. (Reference 7 CFR 210.10, 7 CFR 210.16(b) (1)). 11. Schools to be served. The individual named schools and sites within the jurisdiction of the SPONSOR that the FSMC proposes to serve in the contract are listed in (Appendix C). RFP – Molalla River School District Page 15 of 55 . 12. Management Services. Provide a descriptive narrative of the services provided each of the following areas. Limit your response to pertinent information, the SPONSOR is not interested in receiving marketing material, reports, or other extraneous information. Narrative responses must not exceed 12 maximum pages. a) Employee staffing, training and development plan – limited to 2 pages b) Resume of proposed Director – limited to 2 pages c) Community involvement and communications plan – limited to 2 pages d) Depth of management and support resources – limited to 2 pages e) Nutritional and Wellness awareness programs – limited to 2 pages f) Food service experience with other comparable public school districts, including the demonstrated ability to manage a financially self-sustaining program. – limited to 2 pages 13. Program Information. Interested Proposers are required to utilize the exact participation levels, meal counts, service days, meal prices, federal reimbursement rates, state reimbursement rates, equivalent meal sales information, Employee work days, daily hours and average hourly rate information and district indirect costs (if applicable) as detailed in Appendix A, Program Information, to develop their financial proformas, which enables the SPONSOR to compare proposals from the various Proposers. Financial proformas that do not use the exact information as provided in appendix A, Program Information, will not be accepted. Alternate financial proformas or proposals will not be considered and may result in the proposer being disqualified from the selection process for being “nonresponsive”: ARTICLE III. SCOPE OF WORK 1. OVERVIEW OF MOLALLA RIVER SCHOOL DISTRICT FOOD SERVICE A. Scale. The SPONSOR provides food service to approximately two thousand six hundred seventy (2,250) children at seven (7) sites. The food service prepares approximately 250,000 meals annually. The SPONSOR shall be legally responsible for the conduct of the food service program and shall supervise the food service operations in such manner as will ensure compliance with the rules and regulations of State Agency and USDA regarding each Child Nutrition Programs (CNP) covered by the resulting contract. The Sponsor shall retain signature authority for the monthly claim for reimbursement in CNPweb. The SPONSOR shall retain control and signature authority of the CNP nonprofit food service account and overall financial responsibility for the CNP. (7 CFR210.16 (a)(4)(5) B. Responsibilities. The responsibilities of the food service include the following: RFP – Molalla River School District Page 16 of 55 1. Preparing and serving meals and meal supplements (snacks) to students, and participants in NSLP, SBP, SFSP, FFVP, CACFP, and SMP; 2. Preparing and serving meals to staff, parent organizations, and for some scheduled events (conferences, business partnerships, etc.), whether in or out of the SPONSOR; 3. If the selected FSMC is procuring goods or services which are being charged to the SPONSOR under the awarded contract outside of the fixed price per meal (e.g. equipment), the selected FSMC is acting as an agent for the SPONSOR and must follow the same procurement rules under which the SPONSOR must operate and that the selected FSMC may not serve as a vendor. Any rebates, discounts, or commissions associated in any manner with purchases must be returned to the nonprofit school food service account. Only net costs may be charged to the SPONSOR. 4. Oversight and coordination of purchasing, maintaining and repairing all equipment used in the kitchen; 5. Maintaining all kitchen areas and working environments in a safe and sanitary condition; 6. The SPONSOR shall comply with food safety inspection requirements as prescribed by USDA for its facilities and shall ensure that all state and local regulations are being met by the selected FSMC preparing or serving meals at any SPONSOR facility. 7 CFR 210.16(a)(3). The selected FSMC shall maintain state and/or local health certifications for any facility outside the SPONSOR in which it proposes to prepare meals and shall maintain this health certification for the duration of the awarded contract as required under USDA Regulations 7 CFR 210.16(a)(7) and shall comply with food safety inspection requirements as prescribed by USDA for its facilities and shall ensure that all state and local regulations are being met in its facilities. 7. Maintaining full and complete program, financial and inventory records sufficient to meet federal and state requirements and in accordance with generally accepted accounting principles. 8. Free and Reduced Price, and Paid Reimbursable Meals: a. SPONSOR shall be responsible for the establishment and maintenance of the free and reduced price meals eligibility roster. b. SPONSOR shall be responsible for development and distribution of the parent letter, and Application for Free and Reduced Price Meals, Direct Certification, and determination of eligibility for free or reduced price meals. The selected FSMC may act as an agent for the SFA related to these responsibilities. c. SPONSOR shall be responsible for conducting any hearings related to determinations regarding eligibility for free or reduced price meals. d. SPONSOR shall be responsible for verifying Applications for Free and Reduced Price Meals as required by USDA regulations. The selected FSMC may act as an agent for the SFA related to these responsibilities e. SPONSOR and FSMC must ensure that no child is subject to overt identification of eligibility as described in 7 CFR 245.8 or is discriminated against. f. SPONSOR must offer free, reduce price, and paid reimbursable meals to all eligible students. g. Ensure that the SPONSOR’s policy for providing meals to students without adequate funds is followed. The policy will protect students by providing equal RFP – Molalla River School District Page 17 of 55 services to all students. The FSMC will bill the SPONSOR for the meal served with the SPONSOR payment from funds other than non-profit food service funds. 9. Ensure all reimbursable meals meet the Food-Based Meal Pattern and nutrition standards as required by the USDA. No payment will be made for meals that are spoiled or unwholesome at the time of delivery, do not meet detailed specifications as developed by the SPONSOR for each food component in the meal pattern in accordance with 7 CFR 210.10, 7 CFR 226.20 or do not otherwise meet the requirements of this RFP. Reimbursable meals must adhere to all calorie ranges and meet the nutrition standards for the National School Lunch, School Breakfast, Summer Foods, Child and Adult Care Food programs, as applicable. a. National School Lunch Program (NSLP) and Afterschool Snacks: The Food- Based Menu Planning (7 CFR 210.10(K)(1)) is used at all sites for lunch and afterschool snacks. Both SPONSOR and FSMC shall comply with applicable rules, regulations, policies, and instructions by the Department, USDA Food and Nutrition Service (FNS) and any additions or amendment thereto, including USDA regulations for the National School Lunch Program 7 CFR 210.10, 7 CFR 210.12 , 7 CFR 210.13, 7 CFR 210.14, 7 CFR 210.15, 7 CFR 210.16, 7 CFR 210.20, 7 CFR 210.21, 7 CFR 210.23. b. School Breakfast Program (SBP): The Food-Based Menu Planning (7 CFR 220.8(a)(5)(iii) is used at all sites for breakfast. Both SPONSOR and FSMC shall comply with applicable rules, regulations, policies, and instructions by the Department, USDA Food and Nutrition Service (FNS) and any additions or amendment thereto, including USDA regulations for the School Breakfast Program 7 CFR 220.8, 7 CFR 220.12, 7 CFR 220.16, 7 CFR 220.17 c. Summer Food Service Program (SFSP). The SPONSOR provides summer food meals under the Summer Food Service Program. Both SPONSOR and FSMC shall comply with applicable rules, regulations, policies, and instructions by the Department, USDA Food and Nutrition Service (FNS) and any additions or amendment thereto, including USDA regulations 7 CFR 225.6, 7 CFR 225.15, 7 CFR 225.16, 7 CFR 225.17, and 7 CFR 225.18. d. Child and Adult Care Food Program (CACFP) (SPONSOR Afterschool At-Risk Snacks/Suppers, Child Care Centers, or Head Start Programs). The CACFP meal pattern is followed in the child care centers or Head Start Programs 7 CFR 226.20. The Afterschool-At-Risk Snack and Supper sites use the NSLP or CACFP meal pattern. Menu records are provided as required by CACFP regulations. Program Administration costs may not be included in the fixed meal price for this program. These meals cannot be included in the meal equivalent calculations for NSLP reimbursement. Separate accountability for all CACFP programs is required. 7 CFR 226.10(d), 7 CFR 226.21, 7CFR 226.22, and & CFR 226.23 e. Fresh Fruit and Vegetable Program (FFVP): The SPONSOR provides all children in the awarded elementary (K-8) schools with a variety of free fresh fruits and vegetables during the school day. These fresh fruits and vegetables must be RFP – Molalla River School District Page 18 of 55 provided separately from the lunch or breakfast meal, in one or more areas of the school during the official school day. The awarded SPONSOR elementary schools must participate in the National School Lunch Program (NSLP). All SPONSOR’s elementary schools that participate in the FFVP are required to widely publicize within the school the availability of free fresh fruits and vegetables. The SPONSOR must submit an annual school application for the FFVP. FFVP costs that may be reimbursed are broken into two (2) categories: 1. Administrative costs currently cannot exceed 10% of the total funds: Administrative costs are the documented expenses you have for planning the Program, managing the paperwork, obtaining the equipment you need, and all other aspects of FFVP that are not related to the preparation and service of fruits and vegetables. 2. Operations costs are the primary costs of running the FFVP as:  Buying fruits, vegetables, low-fat or non-fat dip for vegetables only.  Buying nonfood items like napkins, paper plates, serving bowls and trays, cleaning supplies, and trash bags.  Value added services such as pre- cut produce, ready -made produce trays, and delivery charges.  Salaries and fringe benefits for employees who do such tasks as washing and chopping produce, preparing trays, distributing produce to classrooms, setting up kiosks, restocking vending machines, and cleaning up. Contractor will be required to document and track FFVP expenses separately. Documentation must clearly outline the allocation of costs charges to the FFVP (i.e., amounts charged for labor, administrative fees, and actual costs for fresh fruits and vegetables, etc.) f. Special Milk Program (SMP): The Special Milk Program provides milk to children in schools and child care institutions who do not participate in other federal meal service programs. SPONSORs participating in the Nation School Lunch or School Breakfast Program may also participate in the Special Milk Program to provide milk to children in half-day pre-kindergarte