44DOC-S1773 - Final.docx

STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division 515 East Musser Street, Suite 300 │ Carson City, NV 89701 Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Proposal: 44DOC-S1773 For

INMATE FOOD SERVICES

Release Date: October 14, 2021 Deadline for Submission and Opening Date and Time: 11/18/2021 @ 1:00 pm Refer to Proposal Timeline and Submission Requirements for complete RFP schedule and submission instructions

Single point of contact for the RFP:

ANNETTE MORFIN, PURCHASING OFFICER

Phone, 775-684-0185 Email Address, amorfin@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868 Ask the relay agent to dial, 1-775-515-5173/V.)

TABLE OF CONTENTS

1. APPLICABLE REGULATIONS GOVERNING PROCUREMENT

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

2. PROJECT OVERVIEW

The State of Nevada Purchasing Division, on behalf of Nevada Department of Corrections (NDOC) is seeking proposals from qualified vendors to provide Inmate Food Services on a statewide basis for all NDOC facilities.

The State intends to award one (1) contract in conjunction with this Request for Proposals (RFP), as determined in the best interests of the State. NDOC shall administer the contract resulting from this RFP. The resulting contract is expected to be for a contract term of four years, subject to Board of Examiners approval. The contract is anticipated to begin April 1, 2022 and expire March 31, 2026. If agreeable to all parties and contingent upon additional funding approval and written approval of both parties, there is the possibility of one (1) two (2)-year extension.

AGENCY BACKGROUND

2.3.1 NDOC has approximately 11,070 inmates in 18 separate facilities located through the State of Nevada.

A. Refer to Average Daily Population and Average Monthly Meals on the Attachments Tab.

B. Refer to NDOC Facility Map and NDOC Facility Addresses on the Attachments Tab.

GOALS AND OBJECTIVES

2.4.1 The awarded vendor, either directly or through its subcontractor(s) must be able to provide all food products required for NDOC to prepare the meals required by its approved menu(s).

3. SCOPE OF WORK

FOOD PRODUCTS

3.2 MEAT

3.3 POULTRY

3.4 SEAFOOD

3.5 EGGS

3.6 FRESH FRUITS AND VEGETABLES

3.7 MILK AND DAIRY PRODUCTS

3.8 BAKED GOODS AND BREAD PRODUCTS

A. When available, these institutions will utilize the items produced by their respective bakery operations and may provide some items to nearby facilities. Therefore, the awarded vendor shall only procure the ingredients required to make these menu items and/or quantities of these items that the facilities are unable to produce on their own to meet menu needs.

B. If these operations are ceased for any reason, the awarded vendor shall provide the required items that cannot be produced for as long as needed by the applicable facility(ies).

3.9 Frozen Foods shall be packed under continuous inspection of the USDA.

3.10 Canned Foods, inspected under USDA, shall be no less than Grade A or extra standard except for Grade B for soups stews and purees.

3.11 Kosher Products: Any kosher items requested by the NDOC shall be available as kosher certified and the kosher certification shall be readily visible on these products. Refer to Approved Kosher Symbols on the Attachments Tab for a list of approved kosher symbols to be served in the NDOC’s Common Fare kitchens.

3.12 Local Products: It is the preference of NDOC that the awarded vendor purchase bakery bread dairy, and produce products from local Nevada growers and producers when seasonally available.

3.13 No pork, pork by-products, or pork additives will be accepted by the NDOC.

3.14 DELIVERIES

3.14.1 Frequency

A. The awarded vendor shall be solely responsible for scheduling the delivery of all products to all facilities based on each NDOC facility’s storage space. The awarded vendor shall coordinate with each facility to establish precise delivery times, days and delivery frequency (e.g., weekly, monthly or quarterly).

B. Proposing vendors must ensure that deliveries are not impacted as a result of holiday weeks. Deliveries shall not be scheduled on state observed holidays. A full list of the observed State Holidays can be found at https://hr.nv.gov C. Deliveries shall be made to maintain a 30-day supply of non-perishable food on hand at each facility to feed inmates and staff. A seven (7)-day supply of perishable food shall be maintained at each facility. If storage space permits, a larger supply of frozen food may be maintained.

D. Proposing vendors must indicate the ability to handle large orders/deliveries at the beginning of the State’s fiscal year (July 1).

E. The awarded vendor shall provide all food items in accordance with the NDOC’s needs to fulfill the requirements of its Food Services operations.

F. The awarded vendor shall provide food for up to 110 percent of ADP for meals to account for loss until par levels are established.

G. The awarded vendor shall provide food for up to 110 percent of ADP for meals (e.g., Medical, Common Fair, and Standard) as established throughout the life of the contract.

3.14.2 The following requirements shall be followed for all deliveries:

A. Packaging and containers shall be new and clean. NDOC reserves the right of final approval on packaging offered by the awarded vendor.

B. Cartons shall be clean and of adequate strength to provide protection and stacking strength. Cartons shall be clearly marked with product name, count/size, and product code.

C. Printed, stamped, and stenciled labeling and marking information on cartons must be water-fast, non-smearing or a contrasting color, clear and readable.

D. All packaging and packing material must be new and clean, and must not impart objectionable odors or flavors to the product.

E. All deliveries shall be palletized.

F. Pallets shall not be side loaded.

G. Pallets shall not be double stacked.

H. Pallets are not to exceed five (5) feet in height.

I. All pallets shall be wrapped in clear plastic wrap, labeled with the name of the receiving facility.

J. Frozen food, refrigerated foods, and non-refrigerated foods are to be palletized separately.

K. Products shall be stocked on pallets in a way that allows for proper verification and counting of the pallet contents without breakdown.

3.14.3 Food items shall not be accepted if they are:

A. Leaking, swollen, dented or in rusted cans;

B. In torn bags;

C. Damaged, spoiled, discolored, infested, malodorous, moldy freezer-burned, or over-ripe;

D. Packaged in glass; or E. Past the expiration or best by date marked on the packaging.

3.14.4 Frozen and refrigerated food shall conform to Nevada state regulations on transportation of frozen and refrigerated foods, and temperature maintenance during transportation and delivery.

3.14.5 Proposing vendors shall describe how they will accomplish the following:

A. Provide and safely manage the delivery of all food products.

B. Maintain proper temperatures during all stages of processing, storage and delivery.

C. Ensure all food items arrive in a clean delivery vehicle, which is free of any debris, clutter, or rotting odor.

D. Ensure all items arrive in good condition, are of sound quality are sealed and intact and show no signs of being mishandled.

3.14.11 Some food items identified by NDOC (including yeast, nutmeg, and others that may be identified by individual institution needs) due to the potential security risk MUST:

A. Be secured in the delivery vehicle.

B. Be given directly to the facility food services authority at the receiving location.

C. Proposing vendors must describe in their response to this RFP how this requirement would be handled.

3.14.14 Problems at delivery not satisfactorily resolved at the time of delivery between NDOC and the awarded vendor must be immediately reported to NDOC Purchasing for resolution.

A. An itemized packing slip must be provided with each delivery refer to Section 3.20 – Food Ordering and Invoicing B. NDOC facility personnel will sign the packing slip(s) indicating receipt and acceptance of appropriate delivery and product.

C. In a good-faith effort to have products unloaded in a timely fashion NDOC personnel may not notice a problem immediately. If a delivery issue (e.g., quality, quantity etc.) is not detected at the time of the delivery NDOC Purchasing will contact the Vendor for resolution.

D. If a facility lockdown caused by riot, power failure disaster, or security situation preventing food delivery, the awarded vendor shall re-deliver within 24 hours of callback during normal delivery hours, at no additional cost to NDOC.

3.14.15 NDOC will safeguard and return all vendor-owned delivery containers.

3.14.16 Proposing vendors shall describe how they will accomplish the following:

A. Maintaining a minimum 98% fill rate for each delivery. Fill rate is defined as the total number of items delivered accurately and completely divided by the total number of items ordered.

B. Replacement of all shorted items and those items deemed unacceptable at time of delivery within five (5) business days.

C. Delivery performance (timeliness and quality of deliveries) shall be maintained at or above 98% of the scheduled deliveries as agreed upon.

D. Proposing vendors shall explain how delivery performance will be managed within the company.

E. If performance falls below 98% on any of the quantity and quality of the deliveries, NDOC shall have the option to both 3.14.16.F and 3.14.16.G as appropriate.

F. Receive a 2% price reduction for the following full month to be received as a credit of that month’s total purchases distributed to the affected facility(ies).

G. If a replacement item(s) is more expensive, NDOC shall receive the difference in price. NDOC may then have the option to procure the item(s) from a different source.

H. If NDOC needs to change the delivery time, day or location for an individual delivery or multiple deliveries at any of the delivery locations, NDOC shall notify the awarded vendor at least 24 hours prior to the scheduled delivery time. If NDOC is unable to provide at least 24 hour-notice for any reason, the awarded vendor shall attempt to divert the delivery as requested and notify the NDOC of success or failure of the attempts.

3.15 UNAVAILABILITY OF FOOD PRODUCTS

3.16 ADDITION/DELETION OF FOOD PRODUCTS

3.17 PRODUCT RECALLS

3.18 Food through a federal surplus program, from other states, or local government which becomes available to the awarded vendor may also be presented to NDOC for consideration. The food procurements must be approved for use by NDOC Purchasing in advance.

3.19 Disaster Recovery Plan: Proposing vendors must describe in detail their Disaster Recovery Plan to ensure continued delivery of food products to support NDOC’s Food Services operation. This shall include, but is not limited to:

3.20 FOOD ORDERING AND INVOICING

A. An itemized packing slip must accompany each delivery.

B. Proposing vendors are asked to provide a sample packing slip in their proposals, which must reflect the following:

1. NDOC P.O. number,

2. Product, product specifications (including pack size) and manufacturer,

3. Quantity ordered and quantity shipped.

3.20.4 Awarded vendor must assign separate accounts and account numbers (by budget code for all NDOC facilities or by warehouse) as determined by NDOC.

3.20.5 Proposing vendors must describe the return process that would ensure NDOC a timely resolution on any product shipping disputes. This process should include, but not be limited to, the following:

A. NDOC P.O. number, B. Specific items returned, C. Quantity of items, D. Original packing slip number and E. Customer service escalation plan including anticipated resolution time frames.

3.21 INVOICES

3.22 REPORTS

3.22.1 Proposing vendors shall include in their proposals the establishment and maintenance of electronic access with NDOC for the purpose of obtaining the following information:

A. All food orders, B. All order ship dates and confirmation of receipt, C. Invoices and contracting pricing, and D. Price index reports to substantiate cost increases/decreases.

3.22.2 Awarded vendor must supply reports to the NDOC Purchasing per requirements listed below. These reports will include, but are not limited, to the following items:

A. An account statement sent to NDOC Purchasing by the 10th of each month (for the prior month), by facility, reflecting the following:

1. The date of shipment by P.O. number,

3. Items and quantity ordered for each shipment,

3. Line item price and total dollars spent per order, and

B. Delivery performance report against NDOC requirements, which may include NDOC total upon the request of NDOC.

C. Additional reports may be requested, as needed, for various date ranges, to include all types of food products and parameters listed above, for the purposes of inventory control and cost management.

3.22.3 Proposing vendors are requested to provide the details of delivery performance reports that are available. If delivery performance falls below 98%, awarded vendor will be required to provide a report tracking all reimbursements made to each facility/warehouse.

3.22.4 Proposing vendors shall describe and supply additional sample reports available to assist NDOC tracking orders/shipments and managing its meal preparation.

3.23 ACCOUNT MANAGEMENT/CUSTOMER SERVICE

3.24 AUDITING

3.25 EMERGENCY FOOD

3.26 VALUE ADDED SERVICES

3.26.1 Awarded vendor may provide value added options to support NDOC’s Food Services operation.

A. Inventory Management System

1. Computer software/scanners,

2. Training for warehouse, culinary and purchasing staff, including current/updated navigation documentation/licensing and online support,

3. Software capability to transfer items between facilities,

4. Ability to run reports on stock, expiration dates, delivery dates, price and

5. Consistent labeling for ease of ordering.

B. Certified Dietitian Service

1. Certified Dietitian Nutritionist will review all NDOC meals as currently outlined in Attachments KK-1, KK-2 and KK-3, including but not limited to:

a. Standard Menus: men’s, women’s, gluten free, lactose-free, meatless, alternative loaf, work crew/transport sack lunch menu

b. Medical Menus: Diabetic (multiple calorie restrictions), low-sodium, renal protein, mechanical soft/pureed

c. Religious Menus: Common fare

d. Emergency Meals

C. Common Fair Certification

1. Rabbi certified kosher meals/religious meals

2. Rabbi oversight for common fare menus, including on-site visits to the facilities and review of NDOC kosher program. Each facility shall be visited once per quarter for ongoing assessment. Inspect kosher kitchens for compliance.

3. Reviewing video footage of kosher common fare diet preparation and equipment washing areas.

4. Consultations by phone or email regarding kashrus and other Jewish religious concerns.

5. Review of all kosher special diets year-round and in advance of all Jewish holidays including Passover.

6. Assist in cases involved in litigation regarding kosher foods and other Jewish matters by providing affidavits. Certification is required for all common fare foods.

3.26.2 Describe in narrative form the value-added services that will be provided to the NDOC, that proposing vendors may make available beyond those specifically identified in this RFP to improve the efficiency or effectiveness or savings for NDOC’s entire food services operation.

4. AGENCY SPECIFIC TERMS AND CONDITIONS

4.1 NDOC does not agree to reimburse the contractor for price adjustments or overtime labor caused by delays due to security.

4.2 Delays due to security include but are not limited to:

4.3 CRIMINAL HISTORY RECORD CHECK/SECURITY REGULATIONS

A. NDOC Security Regulations Acknowledgement form (DOC 047), B. Prison Rape Elimination Act (PREA) Contractor and Volunteer Questionnaire form (DOC 1952), C. Agency PREA Zero Tolerance Policy (DOC 1953), and D. Consent for Release of Criminal History Records form (DOC 560) for the purpose of background clearance approval.

4.4 PAYMENT AND INVOICES

4.5 OTHER REQUIREMENTS

4.6 CURRENT COVID REQUIREMENTS

4.6.3 All contractors are required to wear an N95 face mask while at the facility.

4.6.4 Effective November 1, 2021, all contractors will be required to be fully COVID vaccinated, as well.

5. ATTACHMENTS

INCORPORATED ATTACHMENTS. To be read and not returned.

5.1.1 Terms and Conditions for Services

5.1.2 Terms and Conditions for Goods

5.1.3 Contract Form

5.1.4 Insurance Schedule

5.1.5 NDOC Facility Map

5.1.6 NDOC Facility Addresses

5.1.7 Average Inmate Population

5.1.8 Standard Menu

5.1.9 Medical Menu

5.1.10 Common Fair Menu

5.1.11 Approved Kosher Symbols

5.1.12 Average Monthly Meals by Type

5.1.13 Food Specifications and Annual Usage

5.1.14 Storage Space per Facility

PROPOSAL ATTACHMENTS. To be completed and returned.

5.1.15 Vendor Information Response

5.1.16 Proposed Staff Resume

5.1.17 Reference Questionnaire

5.1.18 Confidentiality and Certification of Indemnification

5.1.19 Vendor Certifications

5.1.20 Cost Schedule

6. PROPOSAL TIMELINE

6.1 All questions regarding this RFP shall be submitted using the Bid Q&A feature in NevadaEPro by the deadline below.

6.2.1 The following represents the proposed timeline for this project.

6.1.1 All times stated are Pacific Time (PT).

7. PROPOSAL EVALUATION PROCESS

7.1 Proposal evaluation and scoring is conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

7.1.5 Proposals shall be consistently evaluated and scored based upon the following factors and relative weights.

I. Presentation: Demonstrating Sourcing and Costing Capabilities to Hold Pricing…20

7.1.6 Cost proposals will be evaluated based on the following formula.

A. Inmate cost per day should be entered on Cost Proposal spreadsheet in yellow highlighted fields only. Cost per inmate per day should be based on three (3) meals per day as indicated on menus in attachments KK-1, KK-2 and KK-3 which all can be found on the Attachments Tab.

7.1.7 Presentations

A. Following the evaluation and scoring process specified above, the State may require vendors to make a presentation of their proposal to the evaluation committee or other State staff, as applicable.

B. The State, at its option, may limit participation in vendor presentations to the top 5 highest scoring vendors in the technical and cost evaluation.

C. Following the presentations, the combined technical, cost, and presentation scores will become the final score for a proposal.

D. The State reserves the right to add additional criteria or presentations.

E. The State reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

7.2 The State awards a five percent (5%) preference to Nevada-based businesses, pursuant to NRS 333.3354.

8. MANDATORY MINIMUM REQUIREMENTS

8.1 Pursuant to NRS 333.311 a contract cannot be awarded to a proposal that does not comply with the requirements listed in this section.

8.2 Confirm vendor agrees to comply with required contract terms on Indemnification: " To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State’s right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of Contractor under this contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract."

8.3 Confirm vendor agrees to comply with required contract terms on Limited Liability: "The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the Fiscal Year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited."

8.4 The awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

8.5 Confirm vendor will comply with State IT requirement that data be encrypted in transit and in rest.

8.6 Confirm vendor will comply with State IT requirement that State data assets must be maintained stateside and data will not be held offshore.

8.7 Each vendor shall include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable.

8.8 Vendor will complete Vendor Information Response form and include in their proposal.

9. CRITICAL ITEMS

9.1 In addition to the Scope of Work and Attachments, the items listed in this section are critical to the success of the project. These items will be used in evaluating and scoring the proposal. Vendor proposal should address items in this section in enough detail to provide evaluators an accurate understanding of vendor capabilities. Proposals that fail to sufficiently respond to these items may be considered non-responsive.

9.2 CONTRACT FORM. The State strongly prefers vendors agree to the terms of the attached Contract Form as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached Contract Form with their proposal response.

9.3 INSURANCE SCHEDULE. Confirm vendor will comply with attached Insurance Schedule. If not, please explain which areas are causing non-compliance and attach a red line if necessary.

9.4 VENDOR BACKGROUND

9.5 VENDOR STAFF RESUMES

9.6 SUBCONTRACTORS

9.6.4 Vendor proposal shall identify specific requirements of the project for which each subcontractor shall perform services.

A. How the work of any subcontractor(s) shall be supervised;

B. How channels of communication shall be maintained;

C. How compliance with contracts terms and conditions will be assured; and D. Previous experience with subcontractor(s).

9.7 VENDOR FINANCIAL INFORMATION

9.7.3 Proposing vendor shall provide the following financial information and documentation:

A. Dun and Bradstreet Number B. Federal Tax Identification Number C. The last two (2) full years and current year interim:

1. Profit and Loss Statements

2. Balance Statements

9.8 BUSINESS REFERENCES

9.8.7 The State reserves the right to contact references during evaluation.

10. SUBMISSION CHECKLIST

10.1 This section identifies documents that shall be submitted to be considered responsive. Vendors are encouraged to review all RFP requirements to ensure all requested information is included in their response.

10.1.5 Files name format should be ‘VendorName-SectionTitle.*’

10.2 TECHNICAL PROPOSAL

A. Title Page B. Table of Contents C. Response to Mandatory Minimum Requirements D. Response to Critical Items E. Response to Scope of Work F. Proposed Staff Resumes G. Other Informational Material

10.3 PROPRIETARY INFORMATION. If necessary. Attachment can be flagged confidential in NevadaEPro.

A. Title Page B. Table of Contents C. Trade Secret information, cross referenced to the technical proposal

10.4 COST PROPOSAL

10.5 VENDOR FINANCIAL INFORMATION. Attachment can be flagged confidential in NevadaEPro.

10.6 SIGNED ATTACHMENTS

A. Vendor Information Response B. Confidentiality and Certification of Indemnification C. Certification Regarding Lobbying

10.7. OTHER ATTACHMENTS. If necessary, not recommended.

10.8 REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.

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