2-Appendix A Sample Contract.pdf

RFP 26-790-1000-00003

DPS Food Management Services

APPENDIX A

SAMPLE CONTRACT

The document below represents a sample of the Contract/Agreement the Department of Public Safety (DPS) intends to use to make an award/awards. The DPS reserves the right to modify the Agreement prior to or during the award process, as necessary.

STATE OF NEW MEXICO

DEPARTMENT OF PUBLIC SAFETY

PROFESSIONAL SERVICES CONTRACT # __________

THIS AGREEMENT is made and entered into by and between the State of New Mexico, DEPARTMENT OF PUBLIC SAFETY, hereinafter referred to as the “Agency,” and NAME OF CONTRACTOR, hereinafter referred to as the “Contractor,” and is effective as of the date set forth below upon which it is executed by the General Services Department/State Purchasing Division (GSD/SPD Contracts Review Bureau).

WHEREAS, all terms and conditions of the RFP 26-790-1000-00003 DPS Food Management Services and Contractor’s response to such document(s) are incorporated herein by reference.

IT IS AGREED BETWEEN THE PARTIES:

1. Scope of Work.

The Contractor shall perform all services detailed in the Scope of Work, Exhibit A, attached to this Agreement and incorporated by reference.

2. Compensation.

A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed at the fixed rates fixed prices for each Deliverable, per the schedule outlined in EXHIBIT B; such compensation not to exceed (AMOUNT), excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement totaling (AMOUNT) shall be paid by the Agency to the Contractor. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT). This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Agency when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided.

B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, DPS Food Management Services

Scope of Work, and to approval by the GSD/SPD. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID.

C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein.

3. Term.

THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE

GSD/SPD Contracts Review Bureau. This Agreement shall terminate on (DATE) unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). In accordance with NMSA 1978, § 13-1-150, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in NMSA 1978, § 13-1-150.

4. Termination.

A. Grounds. The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement.

B. Notice; Agency Opportunity to Cure.

1. Except as otherwise provided in Paragraph (4)(B)(3), the Agency shall give

Contractor written notice of termination at least one hundred twenty (120) days prior to the intended date of termination.

2. Contractor shall give Agency written notice of termination at least one hundred twenty (120) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the one hundred twenty

(120) day notice period or (ii) in the case of material breaches that cannot be cured within one hundred twenty (120) days, the Agency does not, within the one hundred twenty (120) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach.

3. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor (i) if the Contractor becomes unable to perform the services contracted for, as determined by the Agency; (ii) if, during the term of this Agreement, the Contractor is suspended or debarred by the State Purchasing Agent; or (iii) the Agreement is terminated pursuant to Paragraph 5, “Appropriations”, of this Agreement.

C. Liability. Except as otherwise expressly allowed or provided under this Agreement, the Agency’s sole liability upon termination shall be to pay for acceptable work performed prior to the Contractor’s receipt or issuance of a notice of termination; provided, however, that a notice of

DPS Food Management Services termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. THIS PROVISION IS NOT

EXCLUSIVE AND DOES NOT WAIVE THE AGENCY’S OTHER LEGAL RIGHTS AND

REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

D. Termination Management. Immediately upon receipt by either the Agency or the

Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Agency upon termination and shall be submitted to the agency as soon as practicable.

5. Appropriations.

The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment.

6. Status of Contractor.

The Contractor and its agents and employees are independent contractors performing professional services for the Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

7. Assignment.

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency.

8. Subcontracting.

The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Agency. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from the Procuring Agency.

DPS Food Management Services

9. Release.

Final payment of the amounts due under this Agreement shall operate as a release of the Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement.

10. Confidentiality.

Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency.

11. Product of Service -- Copyright.

All materials developed or acquired by the Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to the Agency no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor.

12. Conflict of Interest; Governmental Conduct Act.

A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement.

B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978.

Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that:

1) in accordance with NMSA 1978, § 10-16-4.3, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process;

2) this Agreement complies with NMSA 1978, § 10-16-7(A) because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by NMSA 1978, § 10-16- 7(A) and this Agreement was awarded pursuant to a competitive process;

3) in accordance with NMSA 1978, § 10-16-8(A), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a

DPS Food Management Services former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this Agreement;

4) this Agreement complies with NMSA 1978, § 10-16-9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code;

5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and

6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency.

C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement.

D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

13. Amendment.

A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories.

B. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding.

14. Merger.

This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

15. Penalties for violation of law.

The Procurement Code, NMSA 1978 §§ 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

16. Equal Opportunity Compliance.

The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

17. Applicable Law.

The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, § 38-3-1 (G). By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.

18. Workers Compensation.

The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Agency.

19. Records and Financial Audit.

The Contractor shall maintain detailed time and expenditure records that indicate the date;

time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Agency, the General Services Department/State Purchasing Division and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments

20. Indemnification.

The Contractor shall defend, indemnify and hold harmless the Agency and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting

DPS Food Management Services in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement.

In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail.

21. New Mexico Employees Health Coverage.

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage.

22. Invalid Term or Condition.

If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.

23. Enforcement of Agreement.

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

24. Notices.

Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:

To the Agency:

[insert name, address and email].

DPS Food Management Services

To the Contractor:

[insert name, address and email].

25. Authority.

If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract.

DPS Food Management Services

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the GSD/SPD Contracts Review Bureau below.

By: ____________________________________________ Date:_____________

Jason R. Bowie, or designee Cabinet Secretary New Mexico Department of Public Safety

Julie M. Gallardo Acting Chief Legal Counsel or Designee – Certifying Legal Sufficiency

P.J. Griego ASD Deputy Director or designee Acting Chief Financial Officer

Contractor

The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and/or compensating taxes.

ID Number: 00-000000-00-0

Taxation and Revenue Department

This Agreement has been approved by the GSD/SPD Contracts Review Bureau:

GSD/SPD Contracts Review Bureau

DPS Food Management Services

EXHIBIT A – SCOPE OF WORK

The Contractor shall meet the following requirements, conditions, skills and competencies, and perform the following deliverables and any related tasks required to complete the deliverables:

1. To provide full meal service for cadets, recruits, students, personnel, instructors and visitors to the New Mexico Department of Public Safety (DPS) and New Mexico Law Enforcement Academy (NMLEA). The scope of this project is to manage and operate a food management services program in accordance with all federal and state licensing, standards, certifications, and DPS and NMLEA policies and procedures.

An onsite commercial cafeteria and self-service dining facility is available to provide three (3) meals (breakfast, lunch, and dinner) and three (3) scheduled snacks, Sunday through Saturday, from 6:30 a.m. to 7:00 p.m. local time, when classes are in session and during special events.

Meals for non-students may be provided on a cash basis.

In the event that weekend classes are canceled, staff will provide a minimum of twenty-four

(24) hours’ notice that dining services will not be required. Additionally, classes may be canceled on the day of instruction due to emergency events; in such circumstances, dining services will be notified as soon as practicable that services will not be needed.

The qualified contractor shall work in conjunction with DPS staff to meet the food management services nutritional needs of DPS. All menus (breakfast, lunch, dinner, salad & soup bar, snack, and beverage) must be planned and coordinated to ensure the nutritional requirements of active adults are equivalent to their daily physical activity level: i.e., a day of planned strenuous physical activity would require a hearty breakfast, a light lunch, and a high carbohydrate dinner. Meals are to be prepared fresh.

a) The nutritional analysis of all approved menus will be prominently posted, and available upon request for dissemination via electronic and hard copy. The emphasis of the menu is “Healthy Living – Healthy For Good” menu items with a de-emphasis on fried and processed foods as recommended by the American Heart Association at:

https://www.heart.org/en/healthy-living

b) DPS uses the Daily Recommend Intake (DRI) as referenced in Dietary Guidelines for

Americans 2025-2030 Tenth Edition at: https://www.dietaryguidelines.gov/. To ensure that the DRI are met, the Offeror will prepare and offer a variety of foods.

c) Contractor shall develop a four (4) week cycle menu (breakfast, lunch, dinner, salad & soup bar, snack, and beverage) consistent with the caloric and nutritional requirements to provide DPS recruits with optimal nutrition for peak performance and recovery.

To optimize recruit performance and recovery, nutrition is a crucial component. Each male recruit should be provided with an opportunity to hit 160+ grams and the average female recruit should consume 120+ grams of protein per day. This equates to three (3) meals at 40 and 30 grams with snack options to meet the additional requirements. Protein supplementation https://www.heart.org/en/healthy-living https://www.dietaryguidelines.gov/

DPS Food Management Services is recommended to make sure each recruit is hitting their protein targets. Each recruit should strive for 3-4x more carbohydrates than protein at main meals.

i. General meal composition:

o Protein: 40 grams per meal (minimum) for average male recruit and 30 grams per meal for female recruits.

o Carbohydrates: 120-160 grams per meal (male) 90-120 grams per meal (female) o Healthy fats: at every meal and snack

ii. Specific meal examples

40g Protein:

o 5 oz skinless chicken breast o 6 oz ground beef 90% lean o 7 oz shredded pork o 5 oz steak o 4 eggs + 4 pieces of bacon 10 oz Greek yogurt

120-160g Carbohydrate:

o Salad is nutritious, NOT ENOUGH CALORIES for a “meal” choice o 2 slices of bread w/ fruit spread, 2 cups fruit orange juice, 1 banana o 2 cups white rice, 2 dinner rolls, 1 cup black beans o 2 cups whole wheat pasta, 1 cup tomato sauce, 2 medium bread sticks, 2 cups green beans

Healthy Fats:

o Nuts o Nut butter o Dairy/cheese/ real butter o Olive oil for salad dressing o Avocado

d) Contractor and DPS shall agree to the meal specification, specifications shall include:

i. A recipe for each menu item that includes the total yield, portion size, ingredients and all USDA required nutrient information.

ii. The identity of all branded or equivalent items that may be used in the meal.

iii. Whenever possible, the grade, style and condition of each food item and other information that indicates the acceptable level of quality for each food item.

iv. Nutritional and ingredient information shall be available in both electronic and hard-copy formats

e) Contractor may not change or vary the approved menu. DPS designee shall approve menus (breakfast, lunch, dinner, salad & soup bar, snack, and beverage) fourteen (14) days prior to service.

f) The Contractor shall accommodate, upon request and when operationally feasible, medically required, lifestyle-based dietary needs, religious and cultural dietary practices, including but not limited to:

DPS Food Management Services

i. Food allergies and intolerances (e.g., gluten-free, lactose-free, nut-free)

ii. Diabetes-friendly and heart-healthy diets

iii. Vegetarian and vegan diets

iv. Low-sodium, low-fat, or calorie-controlled diets

v. High-protein and performance-based dietary needs consistent with recruit training demands

vi. Kosher-style meals

vii. Lenten or other faith-based dietary observances

Procedures shall be in place to prevent cross-contact for allergens, and staff shall be trained in food allergy awareness and safe food handling practices.

Accommodations may include clearly labeled menu items, alternate protein options, or pre-arranged meals prepared in accordance with religious requirements to the extent practicable within a commercial food service operation.

2. Food Management Services Operation

a. The Contractor shall prepare three (3) meals and three (3) snacks daily (Sunday through Saturday). The Contractor shall serve meals that follow the approved four (4) week cycle menu and supervise the food management services operations on the DPS premises to include the preparation, serving and clean-up of food and food management services, utensils and equipment, including special diet requirements requested by the cadets, recruits, students, personnel, instructors and visitors to DPS. All operational costs (including transportation costs) for goods and services necessary to provide the required food management services operation at DPS shall be procured and paid for by the Contractor.

3. Food Quality Requirements

a. All foods will be fresh, frozen or canned in accordance with United States Department of Agriculture’s (USDA) grades and standards at https://www.ams.usda.gov/grades-standards

b. All food items supplied must be within valid expiration dates as referenced in USDA Food Safety Information https://www.fsis.usda.gov/shared/PDF/Food_Product_Dating.pdf?redirecthttp=tr ue

c. New Mexico Food Code https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field- Guide-Version-2-Final-5.31.19.pdf

4. Health Certifications/Food Safety/Sanitation

a. Contractor shall maintain, in the storage preparation and service of food, proper sanitation and health standards in conformance with all applicable Federal, State and local laws and regulations and comply with the food safety inspection requirements.

https://www.ams.usda.gov/grades-standards https://www.ams.usda.gov/grades-standards https://www.fsis.usda.gov/shared/PDF/Food_Product_Dating.pdf?redirecthttp=true https://www.fsis.usda.gov/shared/PDF/Food_Product_Dating.pdf?redirecthttp=true https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field-Guide-Version-2-Final-5.31.19.pdf https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field-Guide-Version-2-Final-5.31.19.pdf https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field-Guide-Version-2-Final-5.31.19.pdf https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field-Guide-Version-2-Final-5.31.19.pdf

DPS Food Management Services

b. Contractor shall maintain all State of New Mexico and local health certification for any facility in which it proposes to prepare meals and shall maintain this health certification for the duration of this Contract.

c. Contractor shall obtain and post all licenses and permits as required by Federal, State, and/or local law.

d. Contractor shall comply with all Federal, State and local sanitation requirements applicable to the preparation of food.

e. The Contractor will provide all appropriate uniform attire and include individualized name tags and a shirt/smock, apron, hair net and hand protection.

f. Contractor shall develop an evaluation checklist to monitor and evaluate mealtime delivery and food quality (refrigerator/freezer temps, steam table temps, etc.) status.

The Contractor will be responsible for completing four (4) checklists per week and submit checklists to DPS designee each following Monday.

g. DPS shall be responsible for all painting, equipment repairs and/or replacements. When repairs are required as a result of the willful act or negligent act on the part of the Contractor or its employees, cost of such repairs will be the responsibility of the Contractor as determined by the DPS designee. The Contractor will immediately notify the DPS designee of any needed repairs or replacement of equipment.

h. The Contractor shall perform daily routine cleaning and housekeeping of food preparation areas and dining areas; cafeteria floors and tables are to be cleaned after each main meal and break. The Contractor shall maintain all food service facilities -both routine and “deep” cleaning of the kitchen and dining room areas including light fixtures and bi-weekly cleaning of windows throughout the life of this contract. The Contractor will be responsible for the major cleaning of dining room and kitchen floors;

following a planned program of stripping the floors; and application of correct finishes and maintaining the floor surface through periodic buffing. Refinishing floor surfaces on a scheduled program will consider the different use conditions, traffic, type of floors and activities in the kitchen and dining room area. Contractors will clean walls at least annually. In addition, random unannounced inspections of the food service areas and cafeteria will be conducted by the DPS designee. The results to be documented and provided to the Contractor.

i. Contractor will be responsible for having exhaust hood above stoves professionally cleaned, as required and prescribed by the New Mexico Environmental Department Food Program. The Contractor will coordinate with the DPS designee to deep clean the movable equipment a minimum of three times per year; more if required as determined by the DPS designee. Kitchen sanitation will meet accepted New Mexico and national standards as set forth in the specifications.

5. Procurement, Inventory and Reporting

DPS Food Management Services

a. Contractor will maintain contractual agreements with suppliers to obtain best prices on quality products. The payment of procured products will be the responsibility of the Contractor.

b. The Contractor shall maintain an adequate supply of fresh food and food products on-site. To avoid any interruption of food management services, the Contractor will assure timely on-site usage by rotation of food. Please refer to Section IV.A.3 Food Quality Requirements.

c. The Contractor shall maintain a complete inventory of all food, supply items and equipment in all food management services areas, and maintain appropriate records in accordance with an established records retention schedule. The retention records shall be developed by the Contractor and adopted by DPS designee. A summary report of inventory shall be furnished to the DPS designee within seven (7) days of the end of every month.

d. Prior to the commencement of operations under this contract, the Contractor and the DPS designee shall jointly inventory all food and supplies pertaining to the DPS's food management services facilities.

6. Policy and Procedure Manual

a. Within ninety (90) days of award of the Contract, Contractor shall develop and provide, a policy and procedure manual, with consistently applied principles of selection, training, evaluation of performance, corrective action and inventory control that are compatible with principles of the DPS and approved by the DPS designee. Ownership of the policy and procedure manual shall remain with DPS at the termination of the contract.

7. Onboarding Report

a. After award and at least 15 days before services begin on May 11, 2026, the Contractor shall provide a written report, including an on-site inspection of the facility, and an exit briefing of the visit, shall be furnished to the DPS designee upon completion of visit.

The written report shall contain information regarding the following: employees, evaluation, sanitation, meal service, policy, goal accomplishment(s), production meetings, in-service records, and procurement.

8. Meal/Snack Schedules

a. The parties shall meet annually before the anniversary date, to create a schedule of classes. In the event of class schedule changes (added classes, cancellations, date changes, etc.) DPS designee shall provide at least four (4) weeks’ advance notice of such change to the Contractor in writing. If DPS is unable to provide four (4) weeks’ notice but provides more than two (2) weeks' notice, DPS shall reimburse Contractor labor costs including associated taxes and benefits costs for those employees scheduled to provide services for any of the days of cancelled classes during the two weeks for which the Contractor was not provided two weeks advance notice of class cancellation;

provided however, once two weeks’ prior notice of cancellation has been achieved DPS will have no additional payments owed the days that classes are cancelled up to a total of two weeks of the canceled classes. During periods in which classes are cancelled pursuant to this paragraph, and no food services are required, the employees for which

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Contractor will be billing DPS for labor costs, taxes and benefits shall be required to perform services at the DPS cafeteria such as deep cleaning, painting or other maintenance, or other services as agreed between the parties. Payments under this paragraph do not apply to cafeteria service cancellations due to Contractor’s inability to perform services due to its employee’s illness, absence, or cafeteria closure for Contractor convenience or safety, such as inclement weather.

b. Should an unscheduled or unforeseen DPS closings be caused by electrical, heat or water problems and/or weather conditions, or any unplanned circumstances which would result in the closings of DPS for more than one (1) day, the DPS designee shall advise the Contractor and make the necessary arrangements for the DPS closing until such scheduled conditions are normalized and scheduled classes are resumed.

Emergency closure service fees are not allowed.

c. The DPS designee will attempt to provide forty-eight (48) hours’ advance notice for additional meals requested.

d. All holidays designated by the State of New Mexico for its employees, DPS will not schedule classes; the cafeteria will be closed, and services will not be required. The New Mexico State Personnel Office releases the “Paid Holiday Schedule” in November for the next calendar year and will be provided to the Contractor by the DPS designee.

Holidays observed by the State of New Mexico are:

Holiday Observed New Year’s Day Thursday, January 1, 2026 Martin Luther King Day Monday, January 19, 2026 Memorial Day Monday, May 25, 2026 Juneteenth Friday, June 19, 2026 Independence Day Friday, July 3, 2026 Labor Day Monday, September 7, 2026 Indigenous People's Day Monday, October 12, 2026 Veterans Day Wednesday, November 11, 2026 Thanksgiving Day Thursday, November 26, 2026 Presidents’ Day (Observed) Friday, November 27, 2026 Christmas Friday, December 25, 2026

e. Class Schedule:

Start Date End Date Description

Cadets/ Recruits (Estimated) Instructors

Total Meals

Weekend Meal

Service 1/25/2026 5/29/2026 NMLEA BPOT 211 55 5 60 No 2/1/2026 6/19/2026 NMSP Class 107th 42 5 47 2/8/2026 2/27/2026 NMLEA PST 170 27 2 29 No 3/1/2026 4/24/2026 NMSP Lateral Class 12 24 24

4/5/2026 4/17/2026 NMLEA CBW 123 18 18

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4/26/2026 5/15/2026 NMLEA PST 171 27 27

5/31/2026 6/12/2026 NMLEA CBW 124 18 18

6/28/2026 10/27/2026 NMLEA BPOT 212 55 55

8/2/2026 1218/2026 NMSP Class 108th 45 45

8/9/2026 8/28/2026 NMLEA PST 172 27 27

9/13/2026 9/25/2026 NMLEA CBW 125 18 18

10/18/2026 11/6/2026 NMLEA PST 173 27 27

12/6/2026 12/18/2026 NMLEA CBW 126 18 18

1/31/2027 6/17/2027 NMSP Class 109th 45 45

f. Meal schedule:

Meal Approximate Time Frequency Breakfast 6:30 AM to 8:00 AM Monday through Friday, with some weekends.

Lunch 11:30 AM to 1:00 PM Monday through Friday, with some weekends.

Dinner 4:30 PM to 6:00 PM Monday through Thursday, with some Fridays and weekends.

g. Snack schedule:

Break Approximate Time Frequency

Morning 9:45 AM to 10:15 AM Monday through Thursday with some Fridays and weekends

Afternoon 2:45 PM to 3:15 PM Monday through Thursday, with some Fridays and weekends.

Evening 6:00 PM to 7:00 PM Monday through Thursday, with some Fridays and weekends.

9. Off-Site Meals/Snacks

a. Shooting Range: The Contractor shall provide freshly prepared hot meals, snacks and hot/cold beverages when classes are held at the DPS Shooting Range. The Contractor must prepare and pack both cold and hot food to be transported and served by DPS staff at the correct temperatures. The Shooting Range is seven (7) miles southeast of DPS.

DPS designee will provide at least five (5) business day advance notice of the need for meals, snacks or beverages to be prepared for off-site service.

b. Special Events: The Contractor shall, upon request, provide preparation and service for appetizers, meals, desserts and beverages, including hot/cold food and beverage delivery, set-up and service for graduations and other events. The Contractor must ensure both cold and hot food is served at the correct temperatures. Offeror’s proposal shall include pricing and portion size for the special event. DPS designee will provide at least four (4) weeks’ advance notice of the need for special event service. The Contractor shall have the capability to fulfill all reasonable requests.

10. Emergency Meals/Snacks

a. Emergency demands on DPS may necessitate the immediate preparation of meals for any number of affected officers and staff. The Contractor will be given adequate

DPS Food Management Services notification as circumstances dictate, if possible. The proposal shall include pricing for emergency demand meals, snacks and hot/cold beverages.

11. Box Lunches

a. Upon specific request by the DPS designee, the Contractor will provide cold box lunches which meet the nutritional and caloric requirements of the hot meals described in this RFP.

12. Cash Cafeteria

a. In addition to meals and snacks provided to DPS cadets, recruits, students and instructors, the Contractor may provide a Cash Cafeteria for DPS personnel and visitors. The Cash Cafeteria shall operate Monday through Friday. The Cash Cafeteria will be closed on State-observed holidays. The normal hours of the Cash Cafeteria shall be the same as when classes are in session.

b. Cash Cafeteria items cannot be billed to DPS.

13. Reporting

a. The Contractor must bill for the actual number of meals delivered, not the estimate. The

Contractor shall be required to maintain records to account for daily per meal count for each cadet, recruit, student and instructor. By the tenth of each month the contractor must submit two (2) usage reports indicating Class meals generated by this contract during the prior month. Each of the two (2) divisions’ reports (NMLEA and NMSP) shall list usage divided by day of month and by and further divided into meals and breaks, by serving location and by event type (special, emergency, cold box lunch, etc.). Usage reports must show the quantities generated per line item.

b. Each usage report will be accompanied by a detailed monthly invoice reflecting the meals of this contract corresponding exactly to the prior month’s associated monthly usage report. Invoices will be reconciled and certified by the DPS designee. Invoice payment shall be tendered to the Contractor within thirty (30) days of the date of certification.

c. Cash Cafeteria sales to DPS personnel and visitors will not be invoiced, however, an itemized monthly report of revenue generated by cash sales will be submitted by the tenth of each month along with the Class meal invoices.

14. Payment Terms/Method

a. Pursuant to the Terms and Conditions in APPENDIX D, Contractor will be paid by DPS at a fixed rate per meal/snack for cadets, recruits, students and instructors and will remain fixed for the first twelve (12) months duration of the contract.

b. The fixed price per meal/snack may be increased on an annual basis by the Yearly Percentage Change in the Consumer Price Index for All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Food Eaten Away from Home (CPI).

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c. The fixed price increase must be submitted to DPS designee through a renewal letter ninety (90) days prior to contract expiration. No price adjustments will be permitted prior to a fully executed contract amendment.

d. Contractor shall bill for Class meals and snacks ordered and documented as delivered.

e. No payment will be made for meals, snacks and beverages that are:

i. Cash cafeteria

ii. Spoiled or unwholesome at the time of delivery

iii. Do not meet detailed specifications as developed by DPS for each food component in the meal pattern

iv. Arrive on-site after the mutually agreed upon delivery time and/or without time to return foods to appropriate serving temperatures before meal service

v. Do not otherwise meet the requirements of this Contract.

15. Equipment

a. Within thirty (30) days of contract award, the awarded contractor shall inspect DPS food facilities and equipment and will verify to the DPS designee that existing DPS equipment will enable Contractor to meet the requirements of the contract resulting from this RFP.

b. DPS shall provide all presently on-site fixed and movable equipment, electricity, gas, water, heat and light operations for the Contractor. Contractor shall remain compliant with all state and federal requirements concerning fire prevention and safety. No equipment may be moved into or out of DPS without the prior written approval from the DPS designee. The Contractor should visit the site location and identify/clarify any concerns with the listed specifications outlined in Section IV A. Detailed Scope of Work. DPS will provide adequate initial inventory of glassware, china, silverware, small equipment including pots, pans and food transportation boxes. Responsibility for maintaining the inventory of these items will be that of DPS. However, records of inventory count and purchase requisitions will be the responsibility of the Contractor, and will be made available at the request of DPS designee. The Contractor will notify the DPS designee, in writing, of equipment or supplies that need to be repaired or replaced during the life of the contract.

c. At either the termination or expiration of this contract, the Contractor will surrender all the equipment of DPS in the same condition as at the time of inception of the contract, less normal wear. The Contractor and the DPS designee will complete a site walk thru and a final inventory of equipment and supplies will be conducted one week prior to commence of the contract term and again one week prior to the end of the contract term.

d. Replacement costs for missing DPS equipment and supplies will be deducted from the Contractor’s final payment.

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16. Staffing

a. The Contractor shall maintain sufficient staffing levels at all times to ensure uninterrupted, safe, and efficient food service operations in accordance with this RFP.

Staffing levels shall be based on anticipated headcount, meal periods, and operational complexity. At a minimum, the Contractor shall provide:

i. An adequate supervisor or manager on-site during all meal service periods

ii. Appropriate staff-to-meal service ratios to support food preparation, service, sanitation, and dietary accommodation needs

iii. Sufficient staffing to meet peak demand periods, special events, and training schedules

iv. A staffing chart with contact information shall be furnished to the DPS designee listing all employees assigned to DPS and updated as needed

v. A twenty-four (24)-hour toll free or local call number and contact name from the Contractor shall be designated for response to emergency circumstances

The Contractor shall submit a proposed staffing plan and staff-to-client ratio as part of the RFP response, including contingency staffing for absences, sick leave, and emergency situations. Staffing ratios shall be reviewed periodically and adjusted as necessary in coordination with DPS to maintain service quality and compliance.

b. The Contractor shall maintain a written Hiring and Continuity of Operations Plan to ensure uninterrupted food service. The plan shall include:

i. Procedures for recruiting, screening, and onboarding qualified staff

ii. Cross-training of employees to ensure operational coverage across shifts and service areas

iii. Use of temporary, on-call, or relief staff when necessary

iv. A succession plan for key management and supervisory positions

The Contractor shall ensure that all newly hired staff receive appropriate training prior to assignment, including food safety, sanitation, DPS policies, confidentiality requirements, and emergency procedures.

c. The Contractor shall notify the DPS designee within one (1) business day of any key staff separation, including resignations, terminations, or extended absences that may impact operations. For non-management staff, the Contractor shall notify DPS as soon as practicable if staffing changes affect service levels. The Contractor shall provide:

i. An updated staffing chart reflecting changes

ii. A plan to maintain staffing coverage during transitions

iii. The anticipated timeline for hiring or replacement

Under no circumstances shall staff shortages result in reduced meal quality, missed meal service, or non-compliance with contract requirements.

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d. DPS shall have no direct control over the employees of the Contractor. The Contractor shall comply with reasonable requests of DPS to remove and replace employees…