5-Attachment C - Scope of Work.docx

Attachment C – Scope of Work

RR27-105

Second Market Foods

Project Background and Objectives The Utah Department of Corrections (UDC), hereinafter referred to as “UDC,” is issuing this Request for Proposal (RFP) to solicit competitive proposals from qualified vendors to provide second market food products to support correctional food service operations.

The purpose of this RFP is to establish one or more contracts with vendors capable of supplying safe, compliant, and cost-effective food products, including surplus, short-dated, overstock, or otherwise marketable secondary food items. UDC seeks to reduce food procurement costs while maintaining nutritional quality, safety, and regulatory compliance.

Performance Measures The vendor will perform in accordance with the following specifications. Quality of service and performance will be measured by data collections, reporting, assessment and providing objectives, record keeping, and invoicing in accordance with contract requirements, and by measuring and evaluating evidence provided by the VENDOR and monitoring of the VENDOR’S compliance with every term and condition as defined in Attachments A through C.

Scope of Performance UDC is responsible for providing daily meals to incarcerated individuals across multiple facilities in Utah, including:

Prison Facilities

1. Utah State Correctional Facility (USCF) 1480 North 8000 West, Salt Lake City, UT 84116

2. Central Utah Correctional Facility (CUCF) 255 East 300 North, Gunnison, UT 84634 Community Correctional Facilities (6 Total)

1. Northern Community Correctional Center (NCCC) 2445 Water Tower Way, Ogden UT 84401

2. Bonneville 1411 South 2475 West, Salt Lake City UT 84104

3. Fortitude Treatment Center 1747 S. 900 W., Salt Lake City, UT 84104

4. Atherton Community Treatment Center 2588 West 2365 South, West Valley City, UT 84119

5. Orange Street Community Correctional Center 80 South Orange St, Salt Lake City UT 84116 (this is building is currently under construction at this time, but will be a locations for food deliveries)

6. Timpanogos Community Treatment Center 748 North 1340 West, Orem UT 84057 Rising food costs and population growth have placed increasing pressure on UDC’s operating budget. UDC is seeking innovative procurement strategies, including the use of second-market food sources, to maintain cost efficiency while ensuring food quality and safety.

Detailed Scope of Work and Deliverables Offeror must guarantee its pricing for three (3) months. Price adjustments can be made on a quarterly basis. A request for price adjustment must be made at least ten (10) days prior to the effective date. A request for price adjustment must include sufficient documentation (market analysis) supporting the request. Any price adjustment will not be effective unless approved by the Director of the Division of Purchasing. A price adjustment will be guaranteed for the same length of time as the original price guarantee. The conducting procurement unit will be given the immediate benefit of any decrease in the market, or allowable discount.

The selected vendor(s) shall provide a comprehensive solution for sourcing, managing, and delivering second market food products, including but not limited to:

A. Product Items

B. Food Safety & Compliance

C. Labeling

Protein derived from milk;

Eggs;

Fish;

Crustacean Shellfish;

Tree Nuts;

Peanuts;

Wheat; or Soybeans.

D. Inventory & Technology

E. Pricing & Contract Structure

F. Delivery Offeror agrees to the following SOW for delivery terms unless previously agreed upon.

1. Successful vendors must agree to deliver to all locations proposed in the RFP.

2. Proposed prices are the delivered price to any location. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. All products must be delivered in the manufacturers’ standard packaging.

3. The products shall be produced, processed and packaged in compliance with USDA or CDFA food safety requirements.

4. No fuel surcharges may be levied.

5. Provide expiration date or “use by “date on all products, if applicable. The vendor shall coordinate with the appropriate facility kitchen supervisor to determine a regular deliver time and day. If the vendor is unable to make a delivery at the agreed day and time, the vendor shall notify the kitchen supervisor or designated kitchen staff member.

6. There will be no return fees for inaccuracies or other errors on the part of the vendor. Poor quality and/or incorrect product is to be reported to the vendor within 2 business days.

7. The cost to replace products damaged during transportation and delivery will be the responsibility of the vendor.

8. It shall be the vendor’s responsibility to gain proper clearance for drivers prior to any deliveries to the Utah State Correctional Facility and Central Utah Correctional Facility.

9. All cases and packages shall be constructed to ensure safe and sanitary transportation to point of delivery. All packaging materials shall be FA approved and meet all pertinent State and Federal regulation for safe use with foods.

10. All vehicles and containers used for transporting products must be kept clean and maintained in good repair and condition in or to protect products from contamination and must be designed and constructed to permit adequate cleaning or disinfection. All products delivered shall be free of infestation including, but not limited to, larvae and rodent droppings.

11. Full credit shall be given for all manufacturer defects.

12. All products delivered shall be only the exact products and code number as requested by user, unless prior approval has been received to deliver alternate products. Substitutions are not allowed without prior approval.

13. Vendor must notify the purchaser or end user prior to delivery of any substitution or shortage that will occur; either by phone or at the time order is placed, so decisions may be made concerning menu offerings and potential substitutions. Any return or refused items are to be credited on the invoice at the time of delivery.

14. Normal deliveries for the state end users are expected to take place Monday through Friday, between 8:00 a.m. and 3:00 p.m. or on a mutually agreed upon schedule.

15. All holidays, except designated State holidays, which occur during the delivery schedule, are to be considered delivery days at no additional cost. A list of State holidays is available upon request.

16. Vendor acknowledges that the end user has the right to adjust any invoice that reflects incorrect pricing.

17. After award, the vendor’s failure to comply with critical food product recall they have proposed may be cause of termination. Vendor will arrange to promptly pick up recalled product and issue credit.

G. COMPENSATION

A. Compensation will be based on accepted all-inclusive bid prices per Attachment E. [Once awarded, this section will be updated to reflect accepted bid pricing.] B. Prices include CONTRACTOR’S costs for shipping, storage, handling, and delivery F.O.B. destination with all transportation and handling charges paid by the CONTRACTOR.

C. Compensation limits are as defined. No additional costs or fees are eligible for compensation under this agreement.

D. Contract funding is based on average usage. The contract may increase funding based on demand and if usage is higher than anticipated. Any additional funds must be approved by State Purchasing and will be added to the contract by way of an amendment.

H. COST OF SERVICES

A. Payment under this contract shall be made on a fee for delivered services and/or products, as Utah Department of Corrections, State of Utah | Request for Proposals (RFP) defined in the contract, not to exceed the contract limit.

B. All procurements are subject to provisions of the State of Utah, including Utah Procurement Code and State Division of Purchasing rules.

I. BILLING PROCEDURES

A. CONTRACTOR shall bill UDC by the 10 th of each month for services and/or products delivered during the previous month. To be paid for services completed under this contract an invoice detailing services shall be submitted to:

B. Utah Department of Corrections Attention Finance 14717 S Minuteman Dr.

Draper, Utah 84020-9549

Invoices may also be submitted electronically. via email to:

UDCaccountspayable@utah.gov –or-

C. Invoicing should begin only after the CONTRACTOR begins providing service and should continue throughout the contract term as long as actual services are being rendered.

D. Each invoice must include an invoice date, invoice number, date of services, ship to location, product/service provided, itemized cost, and total cost.

E. Each invoice must reference the contract number and/or purchase order number.

J. TIME OF PAYMENT

A. UDC will make payments monthly to CONTRACTOR, for accurate invoices containing required documentation for services provided (or products delivered) during the previous month, up to the contract limit.

B. Payment must be made with funding allocated for the fiscal year in which the services and/or products were delivered. Prompt billings for June receipt of products and/or services must be received timely due to fiscal year end. Untimely submittal of June invoices may result in payment delays.

C. All payments made by UDC to CONTRACTOR shall be made in accordance with the Utah Prompt Payment Act, Utah Code Annotated, 15-6-1 et. seq., upon receipt of an invoice, unless otherwise provided herein.

K. PLACE OF PAYMENT

All payments by UDC to CONTRACTOR shall be sent to CONTRACTOR’S address as it appears on Page 1, Paragraph 1, entitled CONTRACTING PARTIES. CONTRACTOR shall notify UDC of change of address within seven (7) working days.

L. SECURITY MEASURES

Utah State Prison (USP) UDC reserves the right to conduct a background check on all persons who enter UDC properties. CONTRACT staff providing services under this contract will be required to obtain Contractor Identification. Upon signing this contract, and annually throughout the contract term, the CONTRACTOR shall submit the names of all employees providing on-site services under this contract. This list will contain names, dates of birth, driver’s license numbers, and social security numbers. If any new staff begins providing services under this contract, the CONTRACTOR shall submit their name, birth date, driver’s license number, and social security number to the UDC for screening. UDC retains the discretion to deny participation of any CONTRACTOR staff based upon criminal background information or convictions. No contracted staff shall be permitted to work within the bounds and environs of this contract until the background checks have been finalized and approved. CONTRACTOR agrees that employees entering UDC property will cooperate with all security measures, including, but not limited to, searches. CONTRACTOR agrees that the use of wireless devices within the Institutional Operations is prohibited and any such use requires approval by clearance from Security Administrators.

Community Corrections Centers / AP&P UDC reserves the right to conduct a background check on all persons who enter UDC properties. At the time the contract is awarded, and as requested by UDC, staff working under the contract and those with intent of working under the contract shall complete and submit a Release of Information and the requested attachments to the Center Program Coordinator or designated UDC staff member for criminal and driver license checks. No contracted staff shall be permitted to work within the bounds and environs of this contract until the background checks have been finalized and approved. CONTRACTOR acknowledges employees must provide identification each time they enter UDC property. CONTRACTOR agrees that employees entering UDC property will cooperate with all security measures, including, but not limited to, searches.

If a criminal record exists on any contract person, the Center Program Coordinator shall review the information with the Assistant Regional Administrator, who shall make the final decision with regard to the applicant in question working under the scope of the contract. Per UDC Standard Terms and Conditions, Attachment B, Paragraph 6, a criminal record may result in non-approval to current contract staff or potential contract personnel to provide services under this contract.

M. LICENSURE

A. CONTRACTOR agrees to maintain for the duration of the contract period all licenses necessary to lawfully perform the services covered by this contract, including a Business License from the applicable jurisdiction.

CONTRACTOR’S business licenses and other certification will be requested annually and shall remain on file at the Contract Unit office throughout the entire contract.

B. CONTRACTOR further agrees to advise UDC immediately in writing of any limitation, cancellation, or other termination of such license.

N. MONITORING CONTRACTOR COMPLIANCE

UDC will designate staff to oversee CONTRACTOR performance under this contract. The Contract Monitoring Plan will assist the UDC staff with monitoring compliance of the contract requirements (ATTACHMENT D.)

O. CORRECTIVE ACTION

CONTRACTOR must acknowledge that failure to adequately perform the services as defined will result in corrective action. Issues of CONTRACTOR non-compliance will be addressed in the following manner:

A. Contract Monitor will inform the CONTRACTOR of the problem and seek resolution by a mutually agreed upon date.

B. If the issue is not resolved, the Contract Monitor will notify the CONTRACTOR in writing documenting the failure to resolve by the agreed upon deadline and send a copy to the Contract Unit.

C. If the CONTRACTOR makes insufficient effort to communicate and resolve the issue, the Contract Monitor will communicate failure to resolve to the Contract Unit.

D. As a final step the Contract Unit will issue a letter notifying the CONTRACTOR of the intent to terminate the contract if the problem is not resolved by a specific deadline. Letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.