1-CHILD NUTRITION SOFTWARE 12926.docx (1).pdf

REQUEST FOR PROPOSAL

SCHOOL NUTRITION MANAGEMENT SOFTWARE

Solicitation #CCSD-12926 CNSOFTWARE

This Request for Proposals (RFP), having been determined to be the appropriate procurement method to provide the best value to the Cache County School District (“CCSD” or “District”).

The RFP is designed to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements but is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. CCSD will not be liable for any costs proposers may incur in the preparation of this proposal

From the issue date of this RFP until an Offeror is awarded a contract and the award is published, offerors are prohibited from any communication regarding this RFP with the RFP evaluation committee members, CCSD Board of Education members, CCSD employees, or associated individuals. Failure to comply with this requirement may result in disqualification.

This RFP is issued in accordance with State of Utah Procurement Code, Utah Code Annotated (UCA) Chapter 63G-6a, and applicable Rules found in the Utah Administrative Code (UAC). If any provision of this RFP conflicts with the UCA or UAC, the UCA or UAC will take precedence.

I. PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The purpose of this request for proposal is to enter into a contract with a qualified contractor to provide their School Nutrition Management Software Systems. CCSD Nutrition Services is seeking a comprehensive software system that can provide a point of service, menu planning, inventory control, financial accounting, direct certification, Free and Reduced Application processing, production records, special diets, and a lunch fee portal for families.

CCSD reserves the right to reject all proposals or waive any non-statutory informality. CCSD further reserves the right to make the contract award deemed by the CCSD Board of Education to be in the best interest of the district regardless of the selection committee’s evaluation and scoring. The Board's decision to accept or reject the contract will be final.

Respondents are strongly encouraged to carefully read the entire request for proposal. It is anticipated that this RFP will result in a contract award to a single contractor.

II. BACKGROUND

CCSD has a student enrollment of approximately 21,000 students. CCSD currently operates 25 schools, opening three additional schools for the 26-27 school year, for a total of 28 schools. CCSD offices are located at 84 E 2400 N, North Logan, UT 84341.

CCSD currently utilizes the following systems in relation to our current school nutrition management system

● Powerschool

● ERP-Tyler Technologies

● Windows 11 or Chrome OS

● (ADFS, Google, Clever) Authentication must function with current district system

III. ISSUING OFFICE AND RFP REFERENCE NUMBER

The District’s Purchasing Department is the issuing office for this document and all subsequent addenda relating to it, on behalf of the CCSD Child Nutrition Department. The reference number for the transaction is Solicitation #CCSD-12926 CNSOFTWARE . This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

NOTICE: Wherever the term bid, bidder, bidding or quote appears in this solicitation or reference is made to a bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in 63G-6a-103(53). RFP, or Request for Proposals, as defined in 63G-6a-103(72) and the procurement shall be conducted subject to the provisions of 63G-6a-701-707.5.

IV. LENGTH OF CONTRACT

The initial contract period resulting from this RFP will be for a period of 5 (five) years.

The contract may be extended beyond the initial contract period annually up to an additional 5 (five) years at the school district’s discretion and by mutual agreement.

CCSD reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the terms of the contract.

It is anticipated this RFP may result in a single contract award

V. TERMINATION RIGHTS

Any agreement resulting from this RFP may be terminated, without cause, or for any reason, by CCSD upon ninety (90) days written notice to the Contractor, without prejudice to any other right or remedy CCSD may have. Failure of the Contractor to adhere to any of the performance requirements of any agreement resulting from this RFP shall be cause for immediate termination. Any agreement resulting from this RFP may be terminated for any reason by the Contractor upon ninety (90) days written notice to CCSD.

Termination for cause may include, but is not limited to, failure to perform services in accordance with contract terms, failure to adhere to established laws, through no fault of CCSD. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants or agreements thereof, CCSD may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this contract with such part or parts thereof as to which there has been a default, and may hold the Contractor liable for any damages caused by reason of such default and termination.

VI. PRICE GUARANTEE PERIOD

All pricing must be guaranteed for the entire initial contract period. Following the guarantee period, any request for price adjustment must be for an equal guarantee period and must be made at least 30 days prior to the effective date. Requests for price adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the contract will not be effective unless approved by the Purchasing Manager.

Cache County School District will be given the immediate benefit of any decrease in the market, or allowable discount.

VII. STANDARD CONTRACT TERMS AND CONDITIONS

Any contract resulting from this RFP will include but not be limited to the District’s Standard Terms and Conditions (see Attachment A). Exceptions and or additions to the Terms and Conditions are strongly discouraged.

Exceptions and additions to the Terms and Conditions must be submitted with the proposal response.

Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered. Website URLs, or information on website URLs must not be requested in the RFP document and must not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document.

The District retains the right to refuse to negotiate on exceptions should the exceptions be excessive or not in the best interest of the District. Negotiations could result in excessive costs to the District or could adversely impact existing time constraints.

If negotiations are required, the contractor must provide all documents in MS Word format for redline editing.

The contractor must provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.

VIII. DETAILED SCOPE OF WORK

The desired outcome for this proposal is to contract with a qualified vendor that can provide a comprehensive

School Nutrition Management system.

SCOPE OF WORK REQUIREMENTS

1. Online Payment System

● Customer friendly and easy to use

● Ability to make payments through multiple forms, i.e. credit cards, debit cards

● Quickly update student account balances and transactions

● Low balance alerts sent by text or email with parameters set by parents

● Recurring payments set up by parents

● Syncs to the main POS program

● Parents/guardians have the ability to view student account balance and detailed student purchase information, such as breakfast, lunch and a la carte items

● Parents have the ability to transfer money between their own student accounts

● Parents have the ability to make one payment to multiple children in one transaction

● Flat convenience fee

● Supports multiple languages

● Allows for multiple imports and exports of data during the day to/ from Powerschool and main program

● Integrates with POS to automatically update account balance and meal history

● Has the ability to settle funds directly to the district’s designated bank account daily

● Parent payment refund capabilities

● Reports are able to be viewed on screen and printed

● Data is transferred through secure encrypted data transmissions

● Is PCI compliant

2. Point of Sale

● Works with or without Internet connectivity information syncing when connectivity is restored

● Includes sync processes that don’t require staff initiation

● Has real time capability of updating student information and eligibility from Powerschool and main program

● Captures all USDA and State requirements at the POS

● Quick and reliable customer service. Response within 1 hour for critical issues and 24 hours for most issues.

● Data encryption

● Prevent overt identification of student status during transaction

● Different POS layouts with different prices per school, grades charges per POS line

● Allows tracking of different meal tracking based on program ex. NSLP, NSBP, After school snack etc

● Allows cashier to void, remove, reverse or correct sales transactions with a comment option for past or current transactions

● Supports touch screen monitors

● Allows students to be identified at the POS terminal in multiple ways: cashier entry, student pin, student id card with bar code

● Alerts cashier when a student is charging a second meal

● Prevents multiple meal claiming for students receiving more than one reimbursable meal and include user options for second meal pricing

● Allows a transaction to be voided at any time and track the void for audit purposes

● Allows a la carte to be blocked from account charging

● Tracks both reimbursable and non reimbursable meals

● Software must be able to accept debit and credit card payments with fees disclosed in the quote

● Can choose to have high school students the option to purchase meals at other schools if we choose to

● Ability to have multiple serving lines in each school with the ability to have different meal service layouts on each line.

● No charge for existing POS lines installed on different computers

● Each school has its own login and password access

● Lunch secretaries only have access to needed information to their assigned schools account with the option to add access if needed.

● Ability to accurately identify each sales transaction by item, time and date by student account

3. Online Applications

● User friendly- parent/guardian should be able to easily submit applications online using any device

● Online application alerts parent/guardian of any missing required information on the application before it is able to be submitted

● Ability to back date eligibility in accordance with federal regulation if needed

● Capability to automatically import a Direct Certification (API) file from the State, match the information against the student data exported from PowerSchool, update the status information for students and extend categorical eligibility where allowed

● New USDA eligibility guidelines are updated by the company when made available

● Online application can have questions or requirements added as State requirements change

● Online applications meet USDA requirements

● Recognize duplicate applications and prompt the user before processing

● Eligibility status follows USDA Meal Benefits Hierarchy Automatically generates notification letters and email based on household language of choice stored in the system

● Allows access to prior years information

● System automatically updates the POS with student enrollment and eligibility changes

● Immediate status update across the system

● Easy to process free and reduced submitted applications with eligibility displayed on the screen

● Accommodates the start of the school year 30 day carry over status

● Ability to track history for applications including reason why application was denied

● Has an option to allow or disallow the eligibility status to be printed on lists

3. Integration with SIS (PowerSchool)

● Receive basic student data and language preferences from PowerSchool either through an SFTP connection or plugin configurable to be done multiple times daily.

● Send student lunch balance data to PowerSchool either through an SFTP connection or plugin configurable to be done multiple times daily.

● Receive files of student photos and be able to upload and display those student photos as students come through the lunch line.

● Send student lunch status - P/F/R - to PowerSchool either through an SFTP connection or plugin configurable to be done multiple times daily.

● Send the following student data required by USBE for any students on F/R lunch: Free or Reduced-Price

Eligibility Source (SNAP, Other, Categorical, Income), program start date, program end date, DWS SEBT

Data Sharing Opt out). This data should be sent to PowerSchool either through an SFTP connection or plugin configurable to be done multiple times daily.

● Allow for additional data to be sent as required by USBE.

4. Compliance

● The system is compliant with the USDA 2017 edition of the Eligibility Manual for School Meals.

● Must provide us with the ability to meet regulations as required by Utah code 53G-9-205.1 Start Smart

Utah Program.

5. Verification

● Ability to provide annual verification calculations, parent notifications and complete requirements according to USDA and State requirements

● Capability for verification using error-prone, or verification for cause

● Capability to automatically store notification letters for all status changes since the last date notification letters were generated, regardless of reason for change

● System provides the option to exclude applications verified if needed and choose new one

6. Reports

● Ability to create a report template and be able to edit those parameters

● Ability to schedule emails, reports, or letters

● Ability to date track to allow user to recreate historic information (i.e. reports of numbers of students eligible as of a specific date in the past)

● Email capability of all letters

● Ability to edit and print sample letters

● Ability to manipulate and export reports to Excel or other formats

● Can see daily overage or shortage for each school

● Capability to generate customized letters and email messages

● Daily, monthly and year to date reports

● Ability to set up custom reports as needed with assistance given as needed

● Ability to export data in other formats or sheets

● Reports can be generated for a user defined date or range

● Reports can be generated based on all schools, groups of schools or individual schools

● End of day reports can be set up to generate after the site completes the end of day routine. Criteria for which reports to auto generate can be determined by Admin users

● Allows the user to collect daily sales data from each site and generate reports

● Allows the user to view dollar value of a la carte, non reimbursable meals and reimbursable meals for all meal sessions

● Allows the user to have the ability to create statistical reports for meals served daily, monthly and year to date

● Allows user to view participation by sale type and eligibility for lunch, breakfast, a la carte and snack

● Allows the user to compare data from previous day, month or year

● Accounts for all data required for Federal and State reimbursement programs

● Provides edit checks at school sites for breakfast, lunch and snack

● Tracks all information from all schools for audit purposes

● Federal and State claim reimbursement reporting

● Daily sales summary of all transactions i.e. payments, sales

● Report of what each student is eating or payments applied

● Run reports by category i.e. school, homeless, migrant etc.

● Reports accurately identify each sales transaction by time and date, student account, by program, school site, and be able to correct errors in a manner that adjusts financial accounting and provides a detailed record

7. Training and Support

● Provide in person implementation support and trainings of all functions and systems to CCSD personnel

● Support assistance with beginning of year and end of year roll-over procedures

● Ongoing webinar based or online trainings are to be included at no cost to the District

● Ongoing maintenance and support of the application must be provided for the duration of the contract

● Program shall at all times be current and updated on all platforms utilized by CCSD

● Training manuals provided by company

Value-Added Services-the following areas are preferred functionality but are not required in order to submit a proposal

Menus, Nutrition Management

➢ Ability to easily transfer menus, recipes, ingredient labels and other essential data from current software system (Nutrikids) to avoid additional work

➢ Ability to standardize a variety of recipes for nutrition, portion and cost control

➢ Ability to decrease or increase recipe sizes to meet needs

➢ Ability to print daily, weekly, monthly and cycle menus with detailed nutrition information-paper and online.

➢ Ability to access USDA recipes and instructions that include HACCP processes for each recipe and

Critical Control Points

Food Safety Monitoring

➢ Equipment and software to monitor food temperatures for HACCP requirements. Provide alerts when temperatures approach dangerous levels. These would be installed at each school and our central warehouse.

Digital Menu Boards and associated management app:

➢ Provide nutritional based digital menu apps and school specific campaigns for individual customers and/or digital menu boards installed throughout the district.

The Scope of Work is subject to change based on the awarded contract(s).

IX. ANTICIPATED SOLICITATION TIMELINE

Event Date Release RFP January 9, 2026 Questions Deadline January 26, 2026-4:00pm (MDT) RFP Due January 29, 2026-1:00pm (MDT) Evaluation Period February 2, 2026 - February 9 , 2026 Onsite Oral Presentations/Demos *reserve date* (Short listed vendors)

February 17. 2026

Final Committee Evaluation Made February 20, 2026 Contract Negotiations/Creation February 23, 2026

Full Implementation and Operational April 17, 2026

X. QUESTIONS

All questions, or clarifications regarding the solicitation shall be submitted through the Utah Public Procurement Place (U3P). https://utah.bonfirehub.com/portal/?tab=openOpportunities and are subject to the deadline for submitting questions before January 26, 4:00pm (MDT).

It is the responsibility of each respondent to ensure that its submission includes the information requested in any addenda. If any proposer detects any discrepancy, conflict or other error in these documents, they shall notify in writing through the (U3P) website and request clarification or modification of the RFP documents. Clarifications, https://utah.bonfirehub.com/portal/?tab=openOpportunities interpretations, and answers will be posted on (U3P) and are considered addenda to the original request.

Proposers are cautioned not to consider verbal modifications and are responsible for checking back periodically (U3P) for any addenda.

In the event that it becomes necessary for CCSD to revise any part of the RFP, an addenda will be added through (U3P).

XI. PROPOSAL RESPONSE FORMAT

In proposals submitted, please provide a detailed response to allow the district evaluation committee to score your proposed solution and your company against competing solutions/companies for each of the items within the following scope of work.

All proposals must include a technical proposal and cost proposal. Formats for both documents follow:

A. Technical Proposal Format

Hard copies are to be tabbed by section

Tab 1 Executive Summary The one or two page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Protected information requests should be identified in this section.

The executive summary shall include the name, title, email address, and telephone number of the offeror’s designated point of contact who is authorized to to respond to questions and requests for clarification during the review process.

Tab 2. Mandatory Minimum Requirements PASS/FAIL SCORE

The system is compliant with the USDA 2017 edition of the Eligibility Manual for School Meals.

Must provide us with the ability to meet regulations as required by Utah code 53G-9-205.1 Start

Smart Utah Program.

The system must be able to receive basic student data from the District SIS (PowerSchool) and send required student data to the District SIS via SFTP connection or plugin. The times data is sent and/or received must be configurable to happen multiple times daily and the data that is being sent/received must also be configurable.

System must run on Microsoft Windows 11 or newer or Chrome OS

Tab 3-8. Detailed Response for Scope of Work - 750 total possible points

A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed.

Tab 3. Licensing and SIS Capabilities - 200 points

● Receive basic student data from PowerSchool (our SIS) either through an SFTP connection or plugin configurable to be done multiple times daily.

○ If an SFTP connection is used, list all of the fields required and allowed in the data RECEIVED from PowerSchool and updated in the nutrition program. List how often the nutrition program will pull this data from the SFTP server.

○ List the file formats allowed for SFTP.

○ If a plugin is used, describe in detail what data is RECEIVED from PowerSchool and updated in the nutrition program and how often it is pulled.

● Send student lunch balance data to PowerSchool either through an SFTP connection or plugin

○ If an SFTP connection is used, list all of the fields required and allowed in the data file SENT from the nutrition program to PowerSchool. List how often the nutrition program will send this data.

○ List the file formats allowed for SFTP.

○ If a plugin is used, describe in detail what data is SENT from the nutrition program and updated in PowerSchool and how often it is updated. List in detail what fields are being written to.

● Receive files of student photos and be able to upload and display those student photos as students come through the lunch line.

○ Student photos are listed by student number and should be updated based on this student number. Describe in detail how this is accomplished in your system.

● Send student lunch status - P/F/R - to PowerSchool either through an SFTP connection or plugin

○ If an SFTP connection is used, list how often the nutrition program will send this data.

● Send the following student data required by USBE for any students on F/R lunch: Free or Reduced-Price

Eligibility Source (SNAP, Other, Categorical, Income), program start date, program end date, DWS SEBT

Data Sharing Opt out). This data should be sent to PowerSchool either through an SFTP connection or plugin configurable to be done multiple times daily.

○ If an SFTP connection is used, list how often the nutrition program will send this data.

● Provide provisions for additional data to be sent to PowerSchool, as required by the Utah State Board of

Education either through the Plugin or SFT.

Tab 4. Implementation, Training and Support - 50 points

1. Provide an implementation timeline to begin March of 2026 with full implementation ready to launch by April 2026.

2. Must include an in person training before launch of the new system.

3. Ongoing support structure. Quick and reliable customer service.

Tab 5. Free and Reduced Application Processing Module - 175 points

1. User friendly – parents should be able to easily submit applications online using any device.

2. Ability to back date eligibility in accordance with federal regulation if necessary.

3. Generate eligibility letters, verification notifications, electronically - customize letters easily.

4. Able to process Direct Certification - Ability to automatically identify direct certification and extend benefits to other students in the household. Currently use an API to do direct certification. Must be able to continue with this process.

5. Allow District to conduct verification following USDA guidelines - Provide notifications, reports to complete state submission.

6. Applications in multiple languages.

7. Customizable reports for Free and Reduced Student Information.

Tab 6. Point of Service Module - 100 points

1. Operational on or offline.

2. Integrates across all modules to provide real-time system updates.

3. Customizable to best meet District and staff needs.

4. Ability to use on current hardware without the need to upgrade.

Tab 7. Online Payment System - 75 points

1. Ability to take payments through multiple forms of payment.

2. Quickly update student information and account balances with the POS

3. Low balance alerts sent by text or email Pass/Fail

4. Recurring payment option for parents

Tab 8. Reports - 100 points

1. Daily, monthly and year to date reports

2. Ability to customize reports

3. Tracks all information from all sites for all types of sale type for federal and state reporting purposes

4. Reports accurately identify each sales transaction by time and date, student account, by program, school site, and be able to correct errors in a manner that adjusts financial accounting and provides a detailed record

Tab 9. Value-Added Services

➢ The following areas are preferred functionality but are not required in order to submit a proposal - 50 points

Menus, Nutrition Management

➢ Ability to easily transfer menus, recipes, ingredient labels and other essential data from current software system (Nutrikids) to avoid additional work

➢ Ability to standardize a variety of recipes for nutrition, portion and cost control

➢ Ability to decrease or increase recipe sizes to meet needs

➢ Ability to print daily, weekly, monthly and cycle menus with detailed nutrition information-paper and online.

➢ Ability to access USDA recipes and instructions that include HACCP processes for each recipe and

Critical Control Points

Food Safety Monitoring

➢ Equipment and software to monitor food temperatures for HACCP requirements. Provide alerts when temperatures approach dangerous levels. These would be installed at each school and our central warehouse.

Digital Menu Boards and associated management app:

➢ Provide nutritional based digital menu apps and school specific campaigns for individual customers and/or digital menu boards installed throughout the district.

Tab 10.Protected Information

The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G-2-305, provides in part that:

the following records are protected if properly classified by a government entity:

(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309;

(2) commercial information or non-individual financial information obtained from a person if:

(a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

(c the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309

(6) records, the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except, subject to Subsections

(1) and (2), that this Subsection (6) does not restrict the right of a person to have access to, after the contract or grant has been awarded and signed by all parties:

(a) a bid proposal, application, or other information submitted to or by a governmental entity in response to:

(ii) a request for proposals . . .

GRAMA provides that trade secrets, commercial information or non-individual financial information may be protected by submitting a Claim of Business Confidentiality.

To protect information under a Claim of Business Confidentiality, the offeror must: provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the district and include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309.

A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected. An entire proposal may not be protected under a Claim of Business Confidentiality. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at:

http://purchasing.utah.gov/wp-content/uploads/confidentialityclaimform.doc

An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and may be considered non-responsive if marked as such.

To ensure the information is protected, you must include all protected information in Tab 10 of the proposal response. Any protected information incorporated in other sections of the proposal response may result in release of data at no fault of the District.

All materials submitted become the property of CCSD. Materials may be evaluated by anyone designated by the District as part of the proposal evaluation committee. Materials submitted may be returned only at the District’s option.

B. Cost Proposal Format

The proposal must be set forth in such a way that it will allow the merits of the proposal to be evaluated in conjunction with applicable cost. Please review the Best and Final Offers section below to ensure you properly submit your cost proposal.

XII. SUBMITTING YOUR PROPOSAL

All submitted proposals will consist of a technical proposal and a cost proposal. These documents must be separate from each other.

Both Technical and Cost Proposals must be received by the posted due date of January 29, 2026 no later than 1:00 pm (MDT). Proposals received after the deadline will be late and ineligible for consideration.

The technical proposal shall be in hard copy format, one (1) original and six (6) identical copies are required.

When submitting your proposal, please allow sufficient time for delivery. The proposal should be sealed and labeled as.

Cache County School District

Purchasing Department

TECHNICAL PROPOSAL

Solicitation #CCSD-12926 CNSOFTWARE Attn: Karma Leatham

84 E 2400 N North Logan, UT 84341

Cost will be evaluated independent from the technical proposal, and as such, is to be submitted separate from the technical proposal. Failure to submit cost separately may result in your proposal being determined non-responsive. Inclusion of any cost or pricing data within the technical proposal may also result in your proposal being determined non-responsive.

http://purchasing.utah.gov/wp-content/uploads/confidentialityclaimform.doc

The cost proposal (Attachment D) shall be in hard copy format, one (1) original required. When submitting your proposal, please allow sufficient time for delivery. The proposal should be sealed and labeled as.

Cache County School District

Purchasing Department

COST PROPOSAL

Solicitation #CCSD-12926 CNSOFTWARE Attn: Karma Leatham

84 E. 2400 N North Logan, UT 84341

NOTICE: By submitting a proposal in response to this RFP, the offeror is acknowledging that the requirements, scope of work, and the evaluation process, outlined in the RFP are fair, equitable, not unduly restrictive, understood and agreed to. Any exceptions to the content of the RFP must be protested to the purchasing agent prior to the closing date and time for submission of the proposal.

XIII. PROPOSAL EVALUATION CRITERIA

A committee will evaluate proposals against the following weighted criteria. Each area of the evaluation criteria must be addressed in detail in the proposal. All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, rules, policies and the evaluation criteria established in the RFP. The committee’s scoring sheet has been provided as attachment C.

The evaluation committee will be composed of qualified Child nutrition specialists, information systems specialists and administrators. Each member will personally review all materials submitted for approval. The committee will then review all evaluations and submit the final recommendation directly to the CCSD Board of Education. This multi-level evaluation process involving numerous people

WEIGHT EVALUATION CRITERIA - 1,000 points

25% Cost

20% Licensing, Technology, and SIS

50% Technical Criteria Tabs 3-9

5% Value Added Services

Understandability and comprehensiveness of information supplied in this RFP will affect the evaluation of the above criteria.

XIV. ORAL PRESENTATION AND PRODUCT DISCUSSION WITH OFFERS

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the District.

However, the District may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral Presentation and Product Discussion Presentations will be made at the offeror's expense.

XV. SHORTLIST

Only offerors meeting the minimum technical threshold will be eligible for an oral presentation and product discussion, if the District determines that presentations are needed. Any cost associated with presentation will be at the expense of the offeror

To be eligible, an offeror must have a total score of no less than a three (3) in any of the stated scoring criteria.

Vendors with a score lower than a three (3) will not be considered further in the evaluation. Among eligible offerors, the District may invite up to two (3) of the highest-ranked offerors to prepare a presentation and or provide additional information prior to the final selection. Eligible offerors will receive an email invitation with presentation instructions and any requests for additional information. PLEASE TAKE NOTE OF ANTICIPATED

TIMELINE SCHEDULE .

XVI. BEST AND FINAL OFFERS

Vendors should offer their best offer in the original technical and cost proposals. The use of a Best and Final Offer process is regulated by Utah Code 63G-6a-707.5 and will only be used if:

a. no single proposal adequately addresses all the specifications stated in the request for proposals;

a. all proposals are unclear or deficient in one or more respects;

b. all cost proposals exceed the identified budget or the procurement unit's available funding; or

c. two or more proposals receive an identical evaluation score that is the highest score.

It is important to understand this so as not to anticipate that a best and final process will allow for a vendor to “sharpen their pencil” in a subsequent phase.

XVII. AWARD OF CONTRACT

Award shall be made to the offeror whose proposal is the most advantageous to the District taking into consideration price and the other evaluation factors set forth in this request for proposals.

The District reserves the right to award the contract(s) to a technically qualified lower cost offeror(s) in the event the high scoring offer is determined to not be the best value offered to the District, based on a cost benefit analysis.

ATTACHMENT A

CACHE COUNTY SCHOOL DISTRICT STANDARD TERMS AND CONDITIONS

1. DEFINITIONS: The following definitions apply: (a) “CCSD” – Cache County School District; (b) “PO” – Purchase

Order/Contract; (c) “Seller” – Supplier, Vendor or Contractor – the legal person authorized to bind the company contracting with the Buyer and universally used throughout this document; (d) “Buyer” – CCSD authorized Purchasing Agent.

2. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6a-101, et seq, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33) or CCSD Purchasing Policy DBJ in accordance with the laws of the State of Utah, and related statutes which permit CCSD to purchase certain specified services, and other approved purchases for CCSD.

3. CONTRACT JURISDICTION, CHOICE OF LAW AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.

4. LAWS AND REGULATIONS: The Seller and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations.

5. BACKGROUND CHECK: All persons who will be placed in direct contact with students may be subject to the requirements set forth in Utah Code 53A-3-410. Where applicable, access to CCSD property may be granted to Seller’s employees only after appropriately cleared by the Board of Education. All costs associated for clearance of Seller’s personnel shall be included in the Seller’s pricing.

6. ACCEPTANCE: PO acceptance constitutes the entire agreement. This order constitutes Buyer’s offer and may be accepted by Seller (or Contractor where applicable) only in accordance with the terms hereof. No agreement or understanding varying or extending the terms or conditions of the PO, including but not limited to Seller provided terms and conditions included within a quote or proposal, will be binding unless in writing and agreed to and signed by an authorized CCSD Buyer. This PO may be accepted by Seller by written acknowledgment, commencement of work, shipment of goods or furnishing of services. No addition, oral agreement or any instructions, terms and conditions that may be contained in any acknowledgement of this PO shall be binding upon CCSD, if in conflict with CCSD terms and conditions, unless authorized in writing by the CCSD Buyer.

7. RENEGOTIATION OR MODIFICATIONS: Buyer shall have the right at any time, by written notice to Seller, to make changes or suspend performance, in whole or in part to this PO. Seller shall proceed to perform as changed. If change causes an increase or decrease in the cost or time of performance of this PO, Seller shall notify Buyer immediately and negotiate an adjustment. Any claim by the Contractor for adjustment must be asserted in writing within thirty (30) days from the date of receipt by the Seller of the notification of change.

8. SHIPPING: Buyer reserves the right to route all shipments. Delays in shipment shall be reported immediately by

Seller to Buyer. Every package, bill of lading, shipping memorandum and invoice must be marked with CCSD’s PO number. All shipments will include an itemized packing slip of each package’s content.

9. DELIVERY/TITLE: Unless otherwise agreed, delivery shall be F.O.B. Destination and title shall pass to CCSD upon acceptance at the final delivery point. Risk of damages or loss following shipment and prior to acceptance by CCSD shall be the responsibility of Seller. Deliveries will be made even in the event of a strike at Seller’s location, unless otherwise authorized by CCSD Buyer. If the Seller fails to deliver in accordance with the schedule, Buyer will be entitled to either a price reduction for late deliveries or the right to terminate the PO for default in performance of this PO, Seller will immediately notify the Buyer in writing of the reasons for the delay and what action is being taken to minimize the delay.

10. INSPECTION: All work and/or supplies on this PO are subject to inspection and testing by an authorized CCSD employee at times and places determined by CCSD. If CCSD finds the goods to be incomplete, nonconforming or damaged, CCSD may reject the supplies and require Seller to correct them with no additional charges. If Seller refuses to correct such goods, within a reasonable time, the Buyer may cancel the order in whole or in part.

11. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA: Seller will provide one set of the appropriate Material Safety Data Sheet and container label upon delivery of hazardous material to CCSD.

12. INDEMNITY CLAUSE: The Seller agrees to release, protect, indemnify and hold CCSD’s officers directors, representatives and its employees harmless from and against any damage, cost or liability, including reasonable attorney’s fees for any and all injuries to persons, damage to property or claims for money for damages arising from any and all supplies, services, equipment, and construction furnished under this contract, as well as acts or omissions of the Seller, Seller’s employees, subcontractors, representatives or volunteers.

13. INSURANCE FOR WORK PERFORMED ON CCSD PROPERTIES: If Seller, its agents, and/or employees are required to perform this PO or any part of this PO on CCSD premises, Seller shall provide insurance coverage as follows:

a. Worker’s Compensation Insurance or qualification as a self-insurer to satisfy the laws of the State of Utah.

b. Employee’s liability insurance for Bodily Injury per accident limits not less than $1,000,000 per occurrence.

c. Comprehensive General Liability $2,000,000 combined single limit any one occurrence and shall include coverage for bodily injury and property damage.

d. Comprehensive Automobile Liability Insurance $1,000,000 (owned and hired vehicles) combined single limit per occurrence for personal injury and property damage.

e. Umbrella or Excess Liability Coverage $5,000,000.

The above policies shall include CCSD as additional insured for claims caused in whole or in part by the Seller’s negligent acts or omissions during the Seller’s operations or performance on this contract.

Seller shall provide thirty (30) days advance written notice of changes in or cancellation of any such insurance. Seller will be required to furnish a Certificate of Insurance prior to the commencement of work. Failure to maintain insurance during the performance of this PO shall cause the Seller to be in default under this PO.

14. CONFLICT OF INTEREST: Seller represents that none of its officers or employees are officers or employees of

CCSD, unless disclosure has been made in accordance with 67-16-8, Utah Code Annotated, 1953, as amended.

Further, Seller certifies that it has not offered or given any gift or compensation prohibited by 67-16-5, U.C.A., 1953, as amended, or any other state or federal law, to any officer or employee of CCSD to secure favorable treatment with respect to being awarded this PO.

15. SELLER, AN INDEPENDENT SELLER: The Seller shall be an independent Seller, and as such, shall have no authorization, express or implied, to bind CCSD to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for CCSD, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Seller by CCSD. The Seller shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from CCSD for these contract services. Persons employed by CCSD and acting under the direction of CCSD shall not be deemed to be employees or agents of the Seller.

16. SELLERS COMPLIANCE WITH APPLICABLE EMPLOYMENT PRACTICES AND LAWS: CCSD

will not have any responsibility to ensure or enforce any employment practices or laws with respect to Seller’s employees, agents or contractors. Seller warrants and certifies that it abides by the provisions of the Utah AntiDiscrimination Act, Title 34 Chapter 35, U.C.A., 1953 as amended, and Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e), which prohibit discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90, which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disabilities. Also, the Seller agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the workplace. Seller must include this provision in every subcontract or PO relating to purchases made by CCSD to ensure that the subcontractors and suppliers are bound by this provision.

17. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent.

18. DEBARMENT: The Seller certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Seller cannot certify this statement, attach a written explanation for review by CCSD. The Seller must notify CCSD Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period.

19. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party.

The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination.

20. DEFAULT AND REMEDIES: Any of the following will constitute cause for CCSD to declare the Seller in default of the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term of condition of the PO.

CCSD will issue a written notice of default providing a specified period of time for Seller to cure. If the default remains, CCSD may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate the PO and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4.

Suspend Seller from receiving future bid/proposal solicitations.

21. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CCSD may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

22. NONAPPROPRIATION OF FUNDS: The Seller acknowledges that CCSD cannot contract for the payment of funds not yet appropriated by the Board of Education. If funding to CCSD is reduced due to an order by the Board of Education, or is required by State law, or if federal funding (when applicable) is not provided or reduced, CCSD may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from CCSD upon 30 days written notice. In the case that funds are not appropriated or are reduced, CCSD will reimburse Seller for products delivered or services performed through the date of cancellation or reduction, and CCSD will not be liable for any future commitments, penalties, or liquidated damages.

23. SALES TAX EXEMPTION: Prices will be exclusive of state sales, use and federal excise taxes. CCSD’s sales and use tax exemption number is 12286526-010-STC. The tangible personal property or services being purchased are being paid from CCSD funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract.

24. WARRANTY: The Seller agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to CCSD under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Seller (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract.