5-RFP-RC-2026-007 - Food Recovery Management.pdf

Edwin J. Day, County Executive

TITLE: Food Recovery Management and Distribution Services RFP NUMBER:

RFP-RC-2026-007

Department of General Services – Purchasing Division RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Department of General Services Purchasing Division

Request for Proposal

BID DISTRIBUTION - Important Notice - The County of Rockland officially distributes bidding documents from the Bonfire Portal.

Firms wishing to participate in this solicitation can download all of the RFP documents from the link provided below:

https://rocklandgov.bonfirehub.com/portal

Where applicable, see RFP Document for Scheduled Pre-Proposal Meeting and Deadline for Receipt of questions.

Closing date for the Request for Proposal is 3:00 pm, local time, on March 5, 2026.

PRE-PROPOSAL MEETING

A virtual pre-proposal meeting will be held via Microsoft Teams as detailed below. Attendance may or may not be mandatory. A transcript of the questions and answers will be distributed, to all attendees and proposers who have returned the Receipt Confirmation Form. Verbal questions will be allowed at the meeting. However, questions of a complex nature, or questions where the proposer requires anonymity, should be forwarded in writing to the County prior to the meeting.

To attend the virtual pre-proposal meeting please select the link below on the date and time scheduled.

LINK:

Date: February 10. 2026 Time: 10:00am Location: Virtual – Microsoft Teams

QUESTIONS

All inquiries related to this Request for Proposal are to be in writing to the attention via email to purchasing@co.rockland.ny.us. The Solicitation number and title noted above must appear in the subject line of the email communication.

Paul J. Brennan, FNIGP, NIGP-CPP, CPPO Director of Purchasing

Department of General Services – Purchasing Division 50 Sanatorium Road, Building A, 6th floor

Pomona, NY 10970 Telephone: 845-364-3820

Deadline for submission of questions is February 13, 2026. Answers will be given via addenda issued in response to the questions received.

Meeting ID: 210 277 120 023 53 Passcode:

E7iz6ts7 https://rocklandgov.bonfirehub.com/portal mailto:purchasing@co.rockland.ny.us https://teams.microsoft.com/meet/21027712002353?p=JZuZSKcShHkMMGTkfM Stephanie Velez Typewriter

CLICK HERE TO JOIN MEETING

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

The County encourages submission of Proposals by certified Minority- and/or Women-Owned Business Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

The County of Rockland is committed to full compliance with the Americans with Disabilities Act. To that end, the County is committed to creating an accessible environment for all. To request accommodations that you may require, please call (845) 364-3820. Please request these accommodations four (4) business days in advance so that we can seek to meet your needs.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Required forms to be completed and uploaded with the proposal

STATEMENT OF REQUIRED DISCLOSURES, REPRESENTATIONS AND

CERTIFICATIONS

PAST & PRESENT PERFORMANCE

FEDERAL CONTRACT CLAUSE

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Receipt Confirmation Form

PLEASE COMPLETE AND RETURN THIS CONFIRMATION FORM WITHIN 5 WORKING DAYS OF RECEIVING

SOLICITATION PACKAGE TO:

EMAIL : purchasing@co.rockland.ny.us

Failure to return this form may result in no further communication or addenda regarding this RFP.

Company Name: ________________________________________________________________________

Address: ______________________________________________________________________________

City: ______________________________________________ State: _________ Zip Code: ________

Contact Person: _________________________________________________________________________

Phone Number: ______________________________EXT:_____ Fax Number: ______________________

Email: _____________________________________

I have received a copy of the above noted RFP.

______ We will be submitting a RFP

______ We will NOT be submitting a RFP – (please indicate reason)

Signature:______________________________________________________________________________

Title:__________________________________________________________________________________

If a bidders meeting has been arranged for this Bid, please indicate if you plan to attend: Yes / No rectconf.frm

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The purpose of this request for proposal is to enter into a contract with a qualified firm to provide comprehensive Food Recovery Management and Distribution Services in Rockland County. It is anticipated that this RFP will result in either a single contract with one vendor and its multiple sub-contractors, or several contracts with multiple vendors, for the provision of the following services:

• Coordination/administration of the food recovery and distribution program

• Recover and distribute food to food pantries/feeding programs throughout Rockland County

Qualified agencies may submit a proposal to provide one or both of these service deliverables, but the resulting contract will specify one vendor to coordinate/administer the program (service deliverable 1) and there may be several vendors recovering and distributing the food (service deliverable 2). This is intended to be a collaborative service with multiple vendors working together to collect and distribute recovered food to various food pantries and feeding programs in Rockland County, with one vendor designated as the coordinator of the program.

This 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.

BACKGROUND

The Rockland County Department of Social Services (RCDSS) recognizes the right to healthy food as a fundamental human right, and healthy eating is critical to reducing disparities related to chronic disease. The County is committed to reducing health disparities by partnering with community organizations to promote access to healthy, culturally relevant food and decrease food insecurity for its residents. One immediate way to increase access to healthy foods is through the recovery and distribution of excess foods to local food pantries / food programs throughout Rockland County.

The effort is to try to keep up with the need as there have been instances where food pantries have run out of food. The ultimate goal for this program is to increase food security for residents who do not have the economic resources to meet this basic need.

Each year, food insecurity becomes an increasingly bigger problem in Rockland County. One in four adults in New York State report experiencing food insecurity, and within the state, Rockland County has one of the highest percentages of adults facing this challenge, according to the New York State Department of Health.

In 2025, approximately 413,273 pounds of food was recovered and 406,162 pounds of food was distributed. We anticipate the need for pounds of food recovered and distributed will increase in 2026.

REFERENCES

Unless otherwise stated, proposal must include a minimum of three (3) current projects and two (2) past projects.

https://www.health.ny.gov/statistics/prevention/injury_prevention/information_for_action/docs/2023-12_ifa_report.pdf

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

ISSUING OFFICE AND RFP REFERENCE NUMBER

The County of Rockland’s Department of General Services – Purchasing Division is the issuing office for this document and all subsequent addenda relating to it, on behalf of Rockland County Department of Social Services.

The reference number for the transaction is Solicitation #RFP-RC-2026-007. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

LENGTH OF CONTRACT

The Contract resulting from this RFP will be for a period of one (1) year with three (3) additional one (1) year terms.

The County of Rockland 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 term of the contract.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

STATEMENT OF OBJECTIVES

This is intended to be a collaborative service with multiple vendors working together to collect and distribute recovered food to a minimum of 42 food pantries and feeding programs in Rockland County, with one vendor designated as the coordinator of the program. Qualified agencies may submit a proposal to provide one or both of these services, but the resulting contract will specify one vendor to coordinate / administer the program (service deliverable 1) and there may be several vendors recovering and distributing the food (service deliverable 2).

Service Deliverable 1

Coordination/administration of the food recovery and distribution program

The vendor responsible for the coordination / administration of the program will work closely with all food recovery and distribution vendors to facilitate and coordinate daily program operations. In addition, they will be responsible for the following:

1. Serve as the primary point of contact for all food recovery and distribution activities.

2. Develop and implement a county-wide food recovery and distribution plan that coincides when each food pantry / food program is open, as shall be specified in the anticipated separate contracts RCDSS will maintain with said food pantries / food programs.

3. Ensure all food is delivered timely.

4. Ensure equitable distribution county-wide.

5. Implement process to minimize waste.

6. Ensure all vendors meet contractual and reporting requirements.

7. Track the poundage of food picked up and delivered based upon data received from the food recover / delivery vendor.

8. Make sure all delivery / receipt confirmations are received, are accurate based on the schedule created, and have been completed properly (ie includes dates and signatures)

9. Maintain all required licenses, permits and certifications.

10. Ensure compliance with all applicable laws.

11. Proposal costs should include flat rate charged for the service that should encompass all costs required to provide service deliverable 1 (ie scheduling, driver, mileage, etc.)

12. Maintain all necessary equipment such as cold storage (e.g., freezer and/or refrigerators), food safety supplies for temperature control (e.g., insulated boxes / coolers)

13. Ensure information is up to date with United Way for all agencies involved with the food recovery / distribution program.

14. Arrange for mass distribution of food

15. Conduct outreach to ensure all food pantries / food programs are aware of this program and recruit new food pantries / food programs to participate

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

16. Conduct outreach for food sponsors to make them aware of this program and recruit new food sponsors to provide additional food to be recovered.

17. Submit quarterly vouchers to RCDSS that will include a log of poundage of food recovered, date of pickup, source of food donation, poundage of food delivered, date of delivery, agency the food delivered to, vendor responsible for food recovery/distribution, signed delivery/receipt confirmation, other pertinent documentation.

Service Deliverable 2

Recover and distribute food to food pantries/feeding programs throughout Rockland County

1. Coordinate with food donors and recovery partners.

2. Transport recovered food to distribution points on a schedule defined by the Program Coordinator.

3. Track and document pounds of food recovered and distributed, including but not limited to, date of pickup / delivery, location of pickup / delivery, etc.

4. Provide all data to the Program Coordinating agency timely.

5. Notify the Program Coordinating agency immediately of all issues (ie food pantry closed, food sponsor did not have food to provide, etc.)

6. Ensure that each food pantry / food program or food sponsor provide a delivery / receipt confirmation form, acknowledging receipt of the food and its poundage.

7. Proposal costs should include cost per pound for amount of food recovered / distributed

8. Submit quarterly vouchers to RCDSS that will include the log that has been approved by the Program Coordinating agency that lists the poundage of food recovered, date of pickup, source of food donation, poundage of food delivered, date of delivery, and the agency the food is delivered to.

PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

All vendors must meet the following requirements:

• Must be knowledgeable of all food pantries / food programs in Rockland County

• Be a 501 (c)3

• Be governed by a Board of Directors

• Be up to date with all IRS filings

• Be up to date with all NYS filings

• Have a 2025 budget with Board approval

• Be fiscally sound

• Have a Non-discrimination Policy

• Have a Conflict-of-Interest Policy

• *Provide a copy of agency’s most recently filed 990 IRS Form

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

[*must be provided before any contract will be issued]

• Maintain program records for the purpose of an audit and provide to the County all program-related information including proprietary materials, upon request

• Demonstrated Successful Experience providing the above services.

• Be available for on-site visits, announced and unannounced

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

PROPOSAL EVALUATION CRITERIA

An Evaluation Committee will evaluate proposals against the following weighted criteria. Each area of the evaluation criteria must be addressed in detail in proposal.

WEIGHT EVALUATION CRITERIA

200 Points Demonstrated ability to meet the scope of work/statement of objectives. Operational methodology for the collection and distribution of recovered food, including logistics, food safety protocols and distribution processes. Approach to identifying and onboarding food donors and food pantries. Compliance with all applicable federal, state and local food safety regulations.

200 Points Demonstrated technical capability (proven track record). Demonstrated ability to execute food recovery/distribution operations at required scale. Demonstrated capacity to service multiple geographic regions within the County, including transportation fleet, storage facilities and reporting systems. Established relationship with food donors and partner agencies.

150 Points Qualification and expertise of staff proposed for this project. Resumes. Industry specific qualifications and food safety certifications.

150 Points Performance references for similar projects. Experience in providing food recovery and distribution services for a municipality.

300 Points Cost

All proposals in response to this RFP will be evaluated in a manner consistent with the Rockland County Procurement Policy, rules, policies and the evaluation criteria established in the RFP.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

COST PROPOSAL TEMPLATE

The flat fee must include all program coordination costs. The per pound rate must include all recovery and distribution costs. No additional cost will be considered

Description Pricing Basis Rate Program coordination:

▪ includes all items under service deliverable 1

Flat rate per month

Food Recovery and Distribution

Per pound recovered/distributed

Provider/Company Name:__________________________________________________________________

Email address:_____________________________________

Phone number:_____________________________________

Authorized Signature:_______________________________

Date:________________________

Cost Proposals are to be uploaded as a separate attachment to your RFP response. Please refer to the separate attachment titled: Proposal Submittal Procedures for instructions on submitting your proposal electronically.

Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Proposal Submittal Procedures

Please follow these instructions to submit via our Public Portal.

Submission Instructions for Suppliers

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Name Type # Files Requirement

Does your proposal include exceptions to the County's

Appendix B, Terms

& Conditions?

Data Type: Yes/No N/A Required

Cost Proposal File Type: PDF (.pdf) 1 Required

Redacted Technical

Proposal if

Applicable

File Type: PDF (.pdf) 1 Optional

Exceptions to

Appendix B, Terms

& Conditions

File Type: PDF (.pdf) 1 Optional

Technical Proposal File Type: PDF (.pdf) 1 Required

Past and Present

Performance File Type: PDF (.pdf) 1 Required

Statement of

Required

Disclosures, File Type: PDF (.pdf) 1 Required

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Name Type # Files Requirement

Representations and

Certifications

Valid NYS Wkm's

Compensation and

NYS Disability

Certificates or

Attestation of

Exemption

File Type: PDF (.pdf) 1 Optional

Valid Certificate Of

Liability (see sample certificate for coverage and limits required as well as sample language to name the County of

Rockland as additionally insured)

File Type: PDF (.pdf) 1 Optional

Commodity Codes

Commodity Set Commodity Code Title Description

NIGP 95218

Child Care Services, Including Food

Programs

NIGP 95230 Delivered Meals

NIGP 95284

Supplemental Food

Services

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Commodity Set Commodity Code Title Description

NIGP 96240

Food Distribution

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Requested Data:

Please note that text fields have a limit of 2000 characters. We recommend you prepare your responses in advance to ensure they fit within the length restrictions. Learn more about Requested Data at the Euna Procurement Help Center.

2. Upload your submission at:

https://rocklandgov.bonfirehub.com/opportunities/218178

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Mar 05, 2026 3:00 PM EST. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Rockland County uses a Euna Procurement portal for accepting and evaluating proposals digitally. Please contact Euna Procurement at support.bonfire@eunasolutions.com for technical questions related to your submission. You can also visit their help forum at https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-submission-support https://customer.eunasolutions.com/s/article/whats-a-data-field-or-slot https://rocklandgov.bonfirehub.com/opportunities/218178 mailto:support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-submission-support

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

SUBMITTING YOUR PROPOSAL

NOTICE: By submitting a proposal in response to this RFP, 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 Director of Purchasing prior to the closing date and time for submission of the proposal.

Proposals must be received by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be submitted electronically through the County’s Bonfire Request for Proposal Portal. Please refer to the instructions titled: Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the County’s Bonfire Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system.

PROPOSAL RESPONSE FORMAT

All proposals must include:

• Section I: Executive Summary

• Section II: Detailed Response

• Section III: Value-Added Considerations

• Section IV: Protected Information (if any)

• Section V: Cost Proposal (Upload as separate attachment)

• Section VI: Exceptions to the RFP or Terms and Conditions

• Upload Exceptions as a separate attachment

• The County of Rockland Appendix B – Standard Terms and Conditions for Service Contracts must be downloaded and reviewed prior to submitting your proposal

• Section VII: Redacted Proposal if applicable (Upload as a separate attachment)

• Required Forms: Uploaded Separately on BonFire.

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.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

2. Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

A. A complete narrative of the offeror's assessment of the work to be performed, the offerors 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.

B. A specific point-by-point response, in the order listed, to each requirement in the RFP.

C. A Statement of Objectives (SOO) is provided in the RFP. This Statement of Objectives represents the

County’s minimum objectives for this project. The Offeror shall use the Statement of Objectives to propose a Statement of Work, which expands upon these minimum objectives to the extent necessary to conduct this acquisition. The proposed Statement of Work shall define the tasks required for the successful completion of the County's goals and objectives ensuring all minimum requirements are met as detailed in the County's SOO.

The proposed SOW shall consist of tasking statements. Each tasking statement shall reference the deliverables, which will be provided by that task. The proposed SOW shall not contain informational notes, as the Technical Response subsection provides ample opportunity for discussion and description of the offeror’s approach. The tasking statements in the SOW shall use a common numbering system. The proposed SOW, when accepted by the County, will be included in the final contract.

3. Value-Added Considerations. Offeror may include any relevant services or products that will be provided to the County which are not specifically priced in their proposal; but which enhance the Offeror’s proposal.

4. Protected Information. All protected information must be included in this section of proposal response.

Do not incorporate protected information throughout the proposal. Rather, provide a reference in the proposal response directing reader to the specific area of this Protected Information section. .

If applicable, a redacted version of your proposal eliminating trade secrets/confidential information is to be uploaded with your submission. The redacted response will be the one given for any Freedom of Information requests. If you do not provide a redacted response, the response you provided will be sent for any FOIL requests.

5. Cost Proposal. Cost will be evaluated independently from the technical proposal. Please enumerate all costs on the attached Cost Proposal Form. Cost Proposals are to be uploaded as a separate attachment to your RFP response. Please refer to the separate attachment titled: Proposal Submittal Procedures for instructions on submitting your proposal electronically. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non- responsive.

6. Exceptions to Terms and Conditions. Exceptions to the RFP Terms and Conditions, and/or the Standard Terms and Conditions for Professional Service Contracts (Appendix B) must be submitted with the proposal response.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered.

7. Required Forms. The Statement of Required Disclosures, Representations and Certifications shall be completed and uploaded as separate pdf. file on the Bonfire Portal and includes:

a. Affidavit of Non Collusion

b. Affidavit of Disclosure of Political Contributions

c. Certification Regarding Affirmative Action Plan

d. Business Dealings in Northern Ireland

e. Past and Present Performance Information Form for a minimum of three references

f. Disclosure of Supplier Responsibility Statement

g. Supplier Information Page

h. Certification Regarding Boycott, Divest and Sanctions (BDS) activities

Responsible Offeror: Award will be made only to “responsible” offerors possessing the ability, experience, willingness, and integrity to perform successfully under the terms and conditions of the contract.

Responsibility is a procurement issue that is determined by the recipient after receiving bids or proposals and before making contract award in ascertaining whether or not a bidder is responsible, information may be requested from bidder to discuss and assist in determining responsibility.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

AWARD OF CONTRACT

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

The County reserves the right to award the contract(s) to a higher technically qualified offeror(s) in the event the total scoring (technical + Cost) offer is determined to not be the best value offered to the County, based on a cost benefit analysis.

The County reserves the right to award a contract in part or in full, or not at all, on the basis of responses received.

If a contract is awarded, it shall be awarded to the responsive and responsible Offeror whose offer conforming to the Request for Proposal will be most advantageous to the County as set forth in the Evaluation Criteria.

When award Occurs: Award of contract occurs when a formal contract has been finalized or other evidence of acceptance by the County is provided to the Offeror. A Recommendation of Award does not constitute award of contract.

CONTRACT TERM – RENEWAL

In addition to any stated renewal periods in the Contract, any contract or unit portion thereof let by the Director of Purchasing may be extended by the Director of Purchasing for an additional period(s) of up to one year (cumulatively) with the written concurrence of the Contractor.

PRICE GUARANTEE PERIOD

The proposed price and/or hourly rates must remain firm through the first contract period with no adjustments allowed.

If the County exercises any of the option years of the contract, the Offeror may submit a request for adjustment on the yearly anniversary date of the contract. Any request for price adjustment(s) must be submitted thirty (30) days in advance of the anniversary date; in writing to the Director of Purchasing. Any and all price adjustments will be limited to the percentage increase in applicable CPI Index for the preceding 12 months. The County reserves the right to reject any request for price increase deemed excessive.

STANDARD TERMS AND CONDITIONS OF THIS RFP

Any contract resulting from this RFP will include the County’s Standard Terms and Conditions for Professional Service Contracts included in the RFP and Appendix B. Exceptions and or additions to the County’s Standard Terms and Conditions are strongly discouraged.

Exceptions to the RFP Standard Terms and Conditions, of this RFP and/or the Standard Terms and Conditions for Professional Service Contracts as provided Appendix B 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.

The County retains the right to refuse to negotiate on exceptions should the exceptions be excessive and not in the best interest of the County. Offeror must provide all documents in Microsoft WORD format for redline editing. Offeror must provide the name, contact information, and access of the person(s) that will be directly involved in legal negotiations.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

PROTEST PROCEDURES

Protests Prior to RFP Opening: Protests regarding any aspect of the RFP document, attached materials and COUNTY award procedures must be submitted in writing prior to the RFP opening date and time (via e-mail, mail, or FAX) to:

Hon. Edwin J. Day County Executive 11 New Hempstead Road New City, NY 10956

The County Executive or his designee will respond to these protests within ten (10) business days.

Protests After Bid Opening/Notice of Intent to Award: Protests regarding the County’s proposed selection of a Offeror after RFP opening and notice of intent to award announcement must be submitted in writing (via mail, FAX) to the Hon.

Edwin J. Day, County Executive, 11 New Hempstead Road, New City, NY, 10956 (FAX: 845-638-5856). The protest must be submitted within three calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. The County Executive or his designee will respond to these protests within ten (10) business days.

DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the County. However, the County 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 presentations will be made at the offerors expense. The County is not required to provide the opportunity for oral presentations to all offerors that submitted a proposal.

CONFIDENTIAL / TRADE SECRET INFORMATION

Offerors should be aware that pertinent facts relating to their proposals, excluding trade secrets or proprietary information, could potentially be released as soon as sixty (60) days after the selection of the successful supplier.

The County of Rockland is subject to New York State’s Freedom of Information law (FOIL). Should your submission, to this RFP, contain “trade secrets”, or other information that the disclosure of which could reasonably be expected to be harmful to business interests, you must insure that such information is clearly identified and marked as such.

Identification must be specific by item or paragraph.

Marked information will be treated as Confidential Third Party Information. Should marked information be the subject of a request under FOIL, you may be requested either to consent to the request, or make representation explaining why the information should not be disclosed.

Unpublished information pertaining to the County or its customers obtained by the proposer as a result of participation in this project is confidential and must not be disclosed without written authorization from the County.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

STANDARD TERMS AND CONDITIONS OF THIS RFP

The term “County” shall mean the County of Rockland.

The term “Offeror” shall mean a person or entity who makes a specific proposal to another (the County) to enter into a contract.

ACCEPTANCE OF PROPOSALS

This RFP is not and should not be construed as a contract to purchase goods or services. The County is not bound to accept the lowest price or any proposal of those submitted.

ACCEPTANCE OF TERMS

All the terms and conditions of this RFP are deemed to be accepted by the Offeror and incorporated in its proposal except those conditions and provisions that are expressly excluded by the Offeror’s proposal.

AMENDMENTS TO REQUEST FOR PROPOSAL

Any verbal information obtained from or statements made by the Director of Purchasing or his designee at the time of pre-proposal meetings or site visits shall not be construed as, in any way, amending the RFP documents. Only such corrections or addenda as are issued by the Director of Purchasing in writing shall become a part of the Contract. Any addendum issued during the RFP process shall be included in proposals and become a part of the Contract Agreement.

BUSINESS CORPORATION LAW

The Offeror shall be licensed to do business in the State of New York and is fully qualified under the Business Corporation Law, Article 13 - Section 1304.

CHANGES TO PROPOSAL WORDING

No changes to wording of the proposal will be accepted after submission unless requested by the County.

CONTRACT ADMINISTRATOR

A County contract administrator will be assigned to oversee the contract awarded to the successful Offeror. In addition, the successful Offeror will be expected to name a counterpart contract administrator. The Offeror’s contract administrator will be responsible for providing scheduled status reports to the County’s contract administrator or his designee.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

COMPLIANCE WITH LAWS

The Offeror shall comply with all the provisions of laws in the County of Rockland, the State of New York and of the United States of America which affect municipalities and municipal contracts, and provide at his expense, any and all permits, licenses and registrations required for the fulfillment of this agreement, and more particularly the Labor Law, the Immigration and Naturalization Laws and Regulation, the General Municipal Law, the Workers’ Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Laws, Rules and Regulation, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein.

FINANCIAL STABILITY

The successful Offeror shall demonstrate financial stability and the County reserves the right to conduct independent background checks to determine the financial strength of any and all organizations or individuals submitting proposals.

FIRM PRICING

Prices quoted in the proposals shall be firm for a period of at least 120 days after the submission deadline.

HIPAA

Offeror agrees and acknowledges that the nature of the services pursuant to this RFP may require the Offeror comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, and any regulations adopted there under. A Business Associate Agreement may be made a part the resulting Agreement.

Offeror warrants and represents that its practices, policies and procedures for patient/medical record confidentiality are in full compliance with the “Standards for Privacy of Individually Identifiable Health Information” set forth in 45 CFR 160 et seq. as amended, if applicable.

INDEPENDENT CONSULTANT

Offeror, as an independent contractor, covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an agent, servant or employee of County, and that it, its agents, servants and/or employees will not make a claim, demand or application to or for any right or privilege applicable to an officer or employee of County including, but not limited to, Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credit.

LABOR DISRUPTIONS

Any contract resulting from this Request for Proposal process is subject to the right of the County to postpone acceptance of delivery and payment by the County in the event of any form of labor disruption.

LIABILITY OF ERRORS

While the County has used considerable efforts to ensure an accurate representation of information in this RFP, all prospective offerors are urged to conduct their own investigations into the material facts and the County shall not be held liable or accountable for any error or omission in any part of this RFP.

LOCAL LAWS AND RESOLUTIONS

Offeror shall comply with all local laws and resolutions of the Legislature of Rockland County, including, but not limited to, the filing of Disclosure Statements and Affirmative Action Plans, if required by law or resolution.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

NEGOTIATION DELAY

If any contract cannot be negotiated within thirty (30) days of notification to the designated offeror, the County may terminate negotiations with that offeror and negotiate a contract agreement with another offeror of its choice.

QUOTES FROM THE MARKETPLACE

The County reserves the right to consider quotes from the marketplace from suppliers other than those invited to respond to this solicitation.

REQUEST FOR PROPOSAL DATES

All dates referenced in the specifications relative to the solicitation timeline are tentative and can be changed in the best interest of the County. The County reserves the right to modify the timeline of the RFP at any time in its sole discretion.

SHORTLIST

Unless there is a successful offeror based on the responses, the evaluation procedure will be to develop a shortlist based on the stated criteria. The shortlist of offerors may be asked to prepare a presentation and/or provide additional information prior to the final selection.

SOCIAL SECURITY TAXES

The Offeror for the agreed consideration promises and agrees to pay the taxes measured by the wages of their employees required by the Federal Social Security Act and all amendments thereto, and to accept the exclusive liability for said taxes. The Offeror further promises and agrees to indemnify and hold the owner harmless on account of any tax measured by the wages aforesaid of employees of the contractor assessed against the owner under authority of said law.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

INSURANCE REQUIREMENTS: THE RFP NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES

COUNTY INSURANCE REQUIREMENTS:

GENERAL LIABILITY: Prior to commencing work, the CONTRACTOR or CONSULTANT must, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of the contract or purchase order which must include, but not be limited to the coverage that is selected on the attached matrix. Insurance must be obtained from insurance companies licensed in the State of New York, carrying a Best’s financial rating of A or better. Upon failure to furnish, deliver and maintain such insurance, the agreement, contract award or purchase order may be declared suspended, discontinued or terminated or canceled. If at any time any of the policies required herein must be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy must be or become unsatisfactory to the County, the CONTRACTOR OR CONSULTANT must upon notice to that effect from the County, promptly obtain a new policy and submit same with a certificate for approval by the County.

Forced Placed Insurance. If CONTRACTOR OR CONSULTANT does NOT provide the County of Rockland with evidence of the insurance coverage required by this Agreement, the County may purchase insurance (at Contractor’s or Consultant’s sole expense) to protect the County’s interests. This insurance may, but need not, protect Contractor’s or Consultant’s interest. If the County purchases insurance under this Section, Contractor or Consultant will be responsible for the cost of that insurance, including interest and any other charges the County may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The cost of insurance under this Section may be more than the cost of insurance that Contractor or Consultant may be able to obtain on its own.

In relation to purchases that are not a result of a County Bid, RFP or Contract; Vendors who cannot provide the coverage limits on the attached matrix may provide the County with an ACORD Certificate detailing the coverage limits they currently have in place and the County will review such certificates on a case-by-case basis to determine if sufficient coverage is in place in relation to the perceived risks associated with the proposed purchase.

COVERAGES – (SEE ATTACHED MATRIX)

An ACORD Certificate of Insurance will confirm that the required policies have been issued to the named insured; for the policy period indicated. The ACORD Certificate is to be provided to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order. Please NOTE: the Certificate of Insurance must be updated to give the County of Rockland immediate notice of the following:

1. Dilution of the limits of insurance shown on the Certificate of Insurance by more than 20% as a result of the payment of claims or expenses;

2. The downgrading of any insurer listed on the Certificate of Insurance by AM Best to less than an “A” rating;

3. The receipt, from any listed insurer, of a notice of cancellation before the expiration date thereof or non-renewal will be delivered in accordance with the policy provisions;

4. The receipt, from any listed insurer, of any failure of the named insured to comply with an insurance policy term or condition.

All Certificates of Insurance must be updated at least annually to remain valid.

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

The ACORD Certificate of Insurance must contain a Description of Operations and include any exclusions or special provisions added by endorsement that in any way restrict coverage. The Contract Number and/or Purchase Order Number and the name of the department requiring the insurance should be stated under the description. The description must also contain a statement to the effect that “The following are named as Additional Insured’s under General Liability and (if required) Automobile Liability, Excess Umbrella Liability, and Professional Liability (if applicable) on a primary basis, and on the broadest form available through the listed insurers with respect to this Contract or Purchase Order:

The County of Rockland, its employees, elected officials and affiliated municipal entities. The signing authorized representative warrants that the insurance carrier(s) have been informed of and accepted the County of Rockland as an additional insured.

WORKERS COMPENSATION REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §57: The Vendor must procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the vendor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by the Vendor or by any other party directly or indirectly employed by the Vendor. Vendors must provide copies of the required certificate to the County of Rockland within five (5) business days of notice of contract award or of notice of intent to issue a Purchase Order.

To comply with coverage provisions of the Workers’ Compensation Law (“WCL”), businesses must:

A. Be legally exempt from obtaining workers’ compensation insurance coverage; or B. Obtain such coverage from insurance carriers; or C. Be a Board-approved self-insured employer or participate in an authorized group self-insurance plan.

The Contractor must prove that they are in compliance with §57of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form C-105.2 or U-26.3 – (All private insurance carriers and their licensed insurance agents are authorized to use the Form C-105.2 as their Certificate of NYS Worker’s Comp Insurance. The State Insurance Fund uses the U-26.3 form as its Certificate of Workers Compensation Insurance). Upon obtaining a permit, license or contract from a government agency Employers must obtain this form from their private insurance carrier. Carriers and their licensed agents may contact the Board's Bureau of Compliance to obtain this form.

• Self-Insured Form SI-12 – Certificate of Worker’s Compensation Self-Insurance or Form GSI-105.2 Certificate of Participation in Worker’s Compensation Group Self-Insurance). Upon obtaining a permit, license or contract from a government agency. Board-approved self-insurers must obtain this form from Board's Self-Insurance Office.

• Exempt Form CE-200 – Certificate of Attestation of Exemption From NYS Worker’s Compensation Insurance)

(Effective 12/1/08) Applicants for permits, licenses or contracts from State, county or municipal agencies in New York State that are not required to carry NYS workers' compensation and/or disability benefits insurance coverage. These exemption forms can ONLY be used to attest to a government entity that an applicant requesting a permit, license or contract from that government entity is not required to carry NYS workers' compensation and/or disability benefits insurance.

mailto:Certificates@wcb.ny.gov?subject=Obtaining%20a%20C-105.2%20Certificate

RFP Template updated 04/15/2023 50 Sanatorium Road, Bldg A, Pomona, NY 10970 – Tele: (845) 364-3820 – Fax: (845) 364-3809

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

DISABILITY BENEFITS REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §220(8):

To comply with coverage provisions of the WCL regarding disability benefits, businesses may:

A. Be legally exempt from obtaining disability benefits insurance coverage; or B. Obtain such coverage from insurance carriers; or C. Be a Board-approved self-insured employer.

The Vendor must prove that they are in compliance with Section 220(8) of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured Form DB-120.1 – Certificate of Disability Benefits Insurance (the businesses insurance carrier will send this form to the County upon request.

• Self-Insured Form DB-155 – Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self-

Insurance Office at 518-402-0247).

• Exempt Form CE-200 – Certificate of Attestation of Exemption from NYS Worker’s Compensation and/or Disability Benefits Coverage.

The Vendor will send the appropriate forms to the Purchasing Division within five (5) business days of notification of contract award. All correspondence must contain the Solicitation Number and Title.

Please note that ACORD forms are NOT acceptable proof of New York State Workers Compensation or Disability benefits insurance coverage.

NY State Department of Labor requirements for Workmen’s Compensation and Disability forms. Online address:

http://www.wcb.ny.gov/content/main/forms/AllForms.jsp

EMPLOYERS LIABILITY with minimum statutory requirements

COMMERCIAL GENERAL LIABILITY INSURANCE with a minimum limit of liability per occurrence of $1,000,000/$2,000,000 aggregate for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.1), naming the County of Rockland as an additional insured. This insurance must include the following coverages:

(i) Premises - Operations.

(ii) Broad Form Contractual.

(iii) Independent Contractor and Sub-Contractor.

(iv) Products and…