51-66500-25-77892_51-66500-25-77892 NMBHI Food Service ITB Final.docx.DOCX

State of New Mexico General Services Department Purchasing Division ITB Price Agreement #: 51-66500-25-77892 Page-9

GSD/SPD (Rev. 1/2024)

Invitation to Bid – Price Agreement

Title: NMBHI Food Service

Return Bid to: New Mexico General Services Department State Purchasing Division:

Electronic bid submission:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

ITB Number: 51-66500-25-77892

Agency Requested Delivery: As Requested

Commodity Code(s): 37515, 38010, 38075, 38542, 38544, 39028, 39084, 39091, 39330, 39341, 39347, 39351, 39370, 39375, 39380

Bids Due No Later Than:

Date: August 25, 2025 Time: 2:00pm Late Submission of Bids Will Not Be Accepted.

Formal Sealed Bid Opening, to occur immediately following the due date and time:

Place: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

If you have questions regarding this ITB please contact:

Procurement Specialist: Mikayla Trujillo Telephone No.: 505-469-1092 Email: Mikayla.Trujillo@gsd.nm.gov

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: (e.g., Net 30. Discount will not be considered in computing the low bid, see “Terms and Conditions”)

F.O.B. Point must be Destination, unless otherwise indicated by the NM State Purchasing Agent

Contractor’s Delivery: (May be considered in the award)

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple. Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the buyer listed on the ITB front page.

Bidder Instructions for Invitation to Bid (ITB) Viewing ITB:

1. Bidders can access active procurements at the following sites:

0. https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

0. https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

1. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

· Electronic submissions through eProNM at the following site: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed bids in accordance with statute.

If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71#

Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Contractor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Contractor from the obligations and liabilities under this order.

b. Contractor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Contractor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her designee.

13. Nondiscrimination: Contractor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

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

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids must be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope. Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three (3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that his/her opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven (7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense. Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

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 agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceeds $250,000 dollars.

B. Contractor agrees to maintain a record of the number of its New Mexico 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 of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Contractor who performs the majority of the employee’s work for Contractor within the State of New Mexico, regardless of the location of Contractor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

Department Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement, the using agency may issue orders for items and/or services described herein.

The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

The items and/or services to be ordered shall be listed under Article IX – Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by either the New Mexico State Purchasing Agent or the user that any order for any definite quantity will be issued under this Price Agreement. The Contractor is required to accept the order and furnish the items and/or services in accordance with the articles contained hereunder for the quantity of each order issued.

Article II –Term The term of this Price Agreement for issuance of orders shall be as indicated in specifications.

Article III –Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX - Price Schedule. Orders issued against this schedule will show the applicable price agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the instructions of this form. Shipment shall be made only against specific orders which the user may place with the contractor during the term indicated in Article II – Term. The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item. Delivery shall be made as indicated on page 1. If Contractor is unable to meet stated delivery the State Purchasing Agent must be notified.

Article V – Termination 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. Contractor shall give Agency written notice of termination at least thirty (30) 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 thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided for in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

Specifications The New Mexico Department of Health (NMDOH) wishes to establish a Price Agreement for NMBHI Food Services. Services will be performed at the New Mexico Behavioral Health Institute. The awardee will plan, devise, implement, and manage the food service program at NMBHI. The awardee will provide nutritious (definition provided below) meals and snacks to the patients, clients, and residents with a multitude (definition provided below) of dietary needs.

Term:

The term of this Price Agreement shall be for one (1) year from date of award with the option to extend for a period of three (3) additional years, on a year-to-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This Price Agreement shall not exceed four (4) years.

Method of Award:

Method of award shall be to ONE Vendor. For a bid to be considered for award, Vendors must submit bids on all items.

Tax Note:

Price shall not include State Gross Receipts or Local Option Tax. Taxes shall be added to the purchase order and invoice at current rates as a separate item to be paid by Department name.

Bidding Information:

The conditions and specifications set out in the invitation to bid are inseparable and indivisible. Any Vendor, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the invitation to bid, and all other documents required to be submitted, shall be submitted by the Vendor in their bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the invitation to bid shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid.

Escalation Clause:

In the event of a product cost increase, an escalation request will be reviewed by this office and approved by State Purchasing on an individual basis. Please be aware this measure is not intended to allow any increase in profit margin, only to compensate for an actual cost increase. Price reductions as well shall apply. If the vendor’s prices are reduced for any reason, users shall receive the benefit of such reductions. Price increases and/or decreases will not be retroactive to orders already in-house or back-ordered. Orders will be filled at the price in effect of the date of the receipt of the order by the awarded vendor.

All requests for price increases must include the following information from the vendor:

1) Agreement Item Number

2) Current Item Price

3) Proposed New Price

4) Percentage of Increase

5) Mill/Supplier Notification of price increase indicating percentage of increase including reason for increase

For escalations, awarded vendor must supply a current Letter from the Manufacturer addressed to the vendor. The letter must state that they are increasing the price from the factory to the vendor, as well as the reason for the increase. For a price reduction, a letter from the vendor requesting to decrease will be sufficient.

The NMDOH upon review of an escalation or decrease request may require additional supporting documentation prior to providing a written recommendation to the SPD. Final determination on the approval or disapproval of the escalation or reduction request will be made by SPD.

Delivery:

Deliver to dealer’s place of business within the State of New Mexico. In the event that there are no dealers or manufacturing facilities located in New Mexico then delivery will be determined by the New Mexico Behavioral Health Institute.

Quantities:

The approximate quantities for each item are estimated and are for bidding purposes only. The State of New Mexico does not guarantee any amount of work.

Agency’s Responsibilities

a. Provide required access to the facility and parking in designated locations for CONTRACTOR'S employees.

b. Furnish all electricity, gas, water, heat, and light to the CONTRACTOR for its operation, as judged by the AGENCY to be reasonably needed and necessary.

c. Permit the use of all existing equipment to operate the food service program.

d. Furnish the initial inventory of all china, glassware, silverware, pots, pans and utensils; food storage space; refrigeration; food service facilities and equipment; and other auxiliary facilities required by the CONTRACTOR in order to provide the services specified.

e. Consider equipment acquisition recommendations that the successful CONTRACTOR deems necessary for complete and efficient service.

f. Provide for removal of all trash and garbage, although the CONTRACTOR will be responsible for proper storage and placement of said trash and garbage until removal.

g. The AGENCY shall provide and compensate all personnel employed by or deemed necessary by the AGENCY and the CONTRACTOR for the efficient operation of the food service program, within budget limitations.

h. Provide all necessary equipment repairs and maintenance, to include all building maintenance services.

i. NMBHI will provide all hourly labor needed to operate the food service program. NMBHI staff provides supervisors for NMBHI, food servers, cooks, bakers, dishwashing staff, and all other employee resources not included in the personnel section of the Contractor Responsibilities.

Operating food service program in accordance with New Mexico Environment Department Standards. New Mexico Food Code, NM Environment Department Retail and Manufactured Food Field Guide, dated May 2019 and 7.6.2 of New Mexico Administrative Code.

Food Production and Service

a. CONTRACTOR shall provide food and nutrition services at the Agency’s facility located at 3695 Hot Springs Blvd, Las Vegas, NM 87701 (the “Facility”). The Contractor shall be responsible for determining the appropriate number of meals to be prepared and served at the Facility based on the patient census at midnight of each day and other information/estimates provided by NMBHI. In addition, food production shall include forty percent (40%) second servings for patient's requesting/requiring double servings. Appropriate number of means is defined as The contractor bases their determination of “appropriate number of meals” primarily on the census of the facility. On rare occasions when staff is quarantined, the contractor will be notified of the additional meals needed to accommodate quarantined staff.

b. The CONTRACTOR may be responsible for preparing meals for off-campus locations, within the Las Vegas, NM area, providing services to other Agency subdivisions or expanded NMBHI programs. NMBHI manages a psycho-social rehab program at 700 Friedman Ave., Las Vegas, NM 87701. Food is delivered by NMBHI staff to this locations. Other off campus locations vary greatly depending on the circumstance and NMBHI requirements.

c. Location of meals, snacks, and hours of service shall be mutually agreed upon by the parties; however, changes may be implemented to improve patient meal service or increase operating efficiency.

d. The CONTRACTOR shall utilize Recommended Daily Allowances (RDA), as determined by the Food and Nutrition Board and the National Academy of Sciences - National Research Council, to provide a generally recognized guideline of nutritional standards.

e. The CONTRACTOR shall prepare meals and snacks of sufficient variety in terms of flavor, texture, and color balance, and shall include ethnic foods consistent with the NMBHI patient population and mix. Menus shall reflect availability of seasonal foods. Good color contrast is required to provide eye-appealing combinations and the CONTRACTOR must avoid repetitious servings within the menu cycle.

f. The CONTRACTOR shall provide meals, which comply with the tenets of recognized religious organizations as requested by the NMBHI. A pork substitute must be provided at all meals when pork or pork products are being served as the primary entree.

g. The NMBHI Executive Director/ Administrator or designee may at any time: inspect food items, food storage, food preparation, and serving areas; test food for calorie value, minimum RDAs, and attractiveness; reject food or material for not meeting specifications contained in this contract; and taste test food.

h. The CONTRACTOR shall provide disposable plates, disposable eating utensils, and paper goods as needed for any meals that need to be served in disposable items due to current health condition.

i. The CONTRACTOR shall provide employee meals and employee snacks as needed for employees working in a quarantine unit due to health conditions or any other operational necessity due to safety and health concerns.

Breakfast

a. A balanced breakfast shall be prepared and served each day at the designated time and shall consist of such foods as fruit, 100% juices, cereal, protein-rich foods (a minimum of five times per week), bread, butter or margarine, milk, and two coffee refills.

b. Menus shall be rotated to provide variety and in sufficient quantity and quality to satisfy the needs of patients, staff, and visitors.

c. Each patient desiring milk shall be provided with a maximum of two (2) eight-ounce servings of milk to be consumed in their respective dining area.

d. Along with the primary entree, the CONTRACTOR shall provide fresh fruit and a bakery item i.e., cinnamon rolls, coffee cake, donuts, muffins, etc., in the main dining room.

Lunch and Dinner

a. A balanced lunch and dinner shall be prepared and served each day at the designated time. The lunch and dinner meal shall consist of such foods as primary and secondary entrees where specified, of high-quality protein, two cooked vegetables or vegetable substitute, dessert, bread, tortillas, rolls or an equivalent, butter or margarine, unlimited coffee, and a choice of other beverage, one of which must be milk, and a salad.

b. In the main cafeteria and in the main dining room of the Forensic Unit, the CONTRACTOR shall provide a choice of a second entree.

c. The CONTRACTOR shall provide a minimum flounce (cooked weight) of protein to each patient per entree, unless contraindicated by a physician's order. The CONTRACTOR shall provide a fresh fruit, soup, and salad with a minimum of twelve (12) items.

Special Meals

a. The CONTRACTOR shall provide special meals at the regular price per meal to include, but not limited to, the following days: New Year's Day, Good Friday, Easter Sunday, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

b. The CONTRACTOR shall provide a second portion of desired foods to patients upon request. For each special meal, each patient shall receive at least four ounces of each entree served for a total of eight ounces of protein for the meal.

c. For traditional fall/winter special meals, the entrees shall consist of either ham, turkey, or roast beef. For traditional spring/summer special meals, the entrees shall consist of either barbecue beef, barbecue chicken or barbecue pork.

Therapeutic Diets

a. The CONTRACTOR shall provide all therapeutic diets and shall insure that meals prepared and served follow the attending physician's orders. When possible, the menu of the day shall be modified for patients on therapeutic diets. When this is not feasible, therapeutic diet food shall be prepared separately.

b. Therapeutic diets shall be served during designated serving times, except as ordered by the attending physician. In these cases, the CONTRACTOR shall insure that the meals are prepared and served at times specified by the attending physician.

c. The CONTRACTOR shall maintain complete records indicating the patients on therapeutic diets, content of the diet, and whether each patient received the prescribed meal.

Snacks/Nourishments

a. Snacks/nourishments are defined as any additional food provided between meals and not part.

b. The CONTRACTOR shall provide snacks/nourishments to patients in accordance with New Mexico State Regulations and specifically N.M. Admin. Code § 8.370.20.73 - MEAL TIMES AND NUTRITION

c. The CONTRACTOR shall bill for snacks/nourishments at invoice price. “Invoice price” for this contract’s purposes means the vendor’s invoice price and does not include any The “Invoice Price” is the actual price the agency pays the contractor for the snacks and nourishment as determined by the agreement stated withing the winning bid of this contract.

Supplements

a. Supplements are defined as food items ordered by an attending physician or a registered dietitian, which complete the nutritional needs of the patient. Examples of commercial supplements are "Ensure, " "Enrich," and "Resource." Supplements may be produced by the food service department if ingredients are available. No Supplement shall be issued to a patient without a written order from the attending physician.

b. The CONTRACTOR shall bill for supplements at the invoice price. If the supplemental item is given to the patient in place of a meal, the CONTRACTOR shall not charge for the supplement: costs shall be updated monthly by the CONTRACTOR and invoices shall be maintained by the CONTRACTOR for inspection by the NMBHI Executive Director/ Administrator or designee.

Picnics and Cookouts

a. The CONTRACTOR shall provide meals, serving utensils, disposable plates, eating utensils, and paper goods for off-campus and on-campus picnics and cookouts. Picnics and cookouts for patients shall replace the applicable meals scheduled for those patients and shall not be billed separately from the patient meals identified in Section 3 below. Meals for employees shall be billed at the price per meal identified in Section 3 below for patient meals.

Parties

a. The CONTRACTOR shall provide finger sandwiches, potato chips, dips, cakes, cookies, ice cream, and punch or tea for birthday parties and other types of parties not to exceed one party per month per treatment unit. When billing AGENCY, charges shall not exceed CONTRACTOR’s invoice price. Costs shall be updated monthly by the CONTRACTOR and invoices shall be maintained by the CONTRACTOR for the inspection of the NMBHI Executive Director/ Administrator or designee.

Cooking Programs

a. The CONTRACTOR shall provide food items for programs authorized through the NMBHI Rehabilitative Services Department and approved by the NMBHI Executive Director/ Administrator or designee. Cooking programs are intended as therapeutic experiences for patients and are not intended as substitutes for balanced meals.

b. If a cooking program meal replaces a regular meal, the CONTRACTOR shall be advised by the Rehabilitative Services Department in writing seven days in advance of the cooking program's date. Cooking program meals replacing a regular meal shall not be billed by the CONTRACTOR but shall be included in the regular meal costs. The cost of food items and ingredients used in the cooking programs that are not replacement for a meal, shall be billed at the CONTRACTOR'S invoice price. Prices shall be updated monthly by the CONTRACTOR and invoices shall be maintained by the CONTRACTOR for inspection by the NMBHI Executive Director/Administrator or designee.

Catering and Special Services

a. Special services requested by the NMBHI shall be billed at prices established by mutual agreement of the parties to the Contract. Special services include but are not limited to holiday parties for the clients, residents, and patients; and festivities as determined by direct care staff.

b. Special services are defined as any food service requested by the AGENCY that is not included in the preceding terms and specifications i.e., legislative functions, employee breakfast meetings, administrative functions, advisory board meetings, governing body meetings, etc.

c. Special services shall only be authorized by the NMBHI Executive Director/ Administrator or designee in writing and shall be billed with supporting documentation.

Menu Cycle and Menu Review and Approval

a. The CONTRACTOR shall provide well-balanced meals that provide calorie values adequate to patient needs. Regular diet menus served shall contain foods in an amount that will meet or exceed recommended daily dietary allowances of the National Research Council. The CONTRACTOR shall provide a proposed five-week cycle menu and a five-week cycle menu for snacks/nourishments, as established by the terms of the contract. All menus shall be certified by a Registered Dietitian as to nutritional adequacy and compliance with any meal specifications identified in this contract, including a nutrient analysis and cooked weight.

b. When combination foods are on the menu, the CONTRACTOR shall submit the recipe and cite the reference used to determine nutritional values.

c. The CONTRACTOR shall submit menus to the NMBHI Executive Director/ Administrator or designee, for review and approval, four weeks prior to the effective date of the next menu cycle. The NMBHI Executive Director/ Administrator or designee shall approve submitted menus within ten (10) working days from date of receipt.

d. If menus are unacceptable, the CONTRACTOR shall have ten (10) working days to resubmit menus for final approval.

e. Any changes to approved menus must be requested through the NMBHI Executive Director/ Administrator or designee in writing.

Serving Times The service of meals to patients shall begin at the following approximate times:

· Breakfast- 7:00 A.M. - 8:00 A.M.

· Lunch- 11 :00 A.M. - 1 :00 P.M.

· Dinner-5:00 P.M. - 6:00 P.M.

· Snack/nourishment - Before bedtime

The above times are current but may be adjusted by mutual agreement of the parties during the term of the contract. The length of time allowed for each meal shall be not less than one hour and may be extended if more time is required for proper patient feeding.

Personnel

a. CONTRACTOR agrees to provide all coordinating management; supervisory, training, and technical personnel required to efficiently meet the AGENCY requirements specified by the AGENCY to satisfy the functional requirements and specifications set forth in this contract and as specifically ordered by the NMBHI, or as amended by mutual agreement of both parties and in accordance with the terms of this agreement.

b. CONTRACTOR agrees to maintain a management staff on duty during operating hours (including weekends) at the AGENCY and will provide, from its administrative offices, expert administrative, dietetic, purchasing, and personnel guidance and consultation. CONTRACTOR shall maintain a management staff which shall include: a Food Service Director with a minimum of five years’ experience; a Food Production Manager; and two Registered Dietitians who shall provide direct clinical service and consultation; and sufficient relief personnel to maintain these staffing requirements. The CONTRACTOR may, as a cost-saving measure, have one of its dedicated management team members, not work their regularly scheduled shift on certain days at the facility. The CONTRACTOR shall schedule any such shift cancellations in advance with Agency’s prior approval. CONTRACTOR shall ensure that CONTRACTOR'S employees maintain compliance with all Federal, State, and Local health rules and regulations throughout the term of the agreement.

c. CONTRACTOR agrees that if the Food Service Director or any other personnel are not acceptable to the NMBHI's Executive Director/Administrator for any reason, the NMBHI Executive Director/ Administrator may notify the CONTRACTOR and request the removal of personnel involved and an acceptable replacement will be provided by the CONTRACTOR. CONTRACTOR shall comply with any such request if NMBHI provides CONTRACTOR with written justification for the request in writing and it does not contravene any applicable laws.

d. CONTRACTOR shall maintain a written job description for each member of the CONTRACTOR’S staff, which clearly describes assigned duties and responsibilities and orientation of new food service department employees.

e. CONTRACTOR shall be solely responsible for all personnel costs including salaries, taxes, and fringe benefits of the CONTRACTOR'S management staff.

f. CONTRACTOR shall be responsible for supervision of the NMBHI food service department employees in maintaining facilities and equipment in accordance with health, safety, and sanitation standards. The NMBHI Executive Director/ Administrator reserves the rights of an employer regarding facility employees.

g. CONTRACTOR shall implement the State of New Mexico Employee current Performance Appraisal & Development and evaluation process and conduct performance evaluations for all NMBHI employees assigned to the Food Service Department, in accordance with New Mexico State Personnel Board rules and regulations and the AGENCY'S policies and procedures.

h. CONTRACTOR shall provide verbal and written recommendations to the NMBHI Executive Director/ Administrator or designee regarding, personnel actions necessary for the efficient operation of the Food Service Department, which include appointments, promotions, reclassifications, demotions, suspensions, and dismissals of all NMBHI employees assigned to the Food Service Department, in accordance with State Personnel Board rules and regulations and NMBHI policies and procedures.

Employee Development and Training

a. The CONTRACTOR will provide training, through qualified staff, to employees of the AGENCY in coordination with the NMBHI Staff Development Department; in accordance with the Joint Commission (TJC) standards; and in accordance with State Licensing and Certification standards. The CONTRACTOR'S in-service training program shall include Orientation of new Food Service Department employees and:

1. Public relations training, focusing on attention to needs of patients, hospital employees, and visitors - proper greeting of patients, employees, and visitors; listening and interacting with patients, staff and visitors; responding to questions or requests by patients, employees, and visitors; and directing questions or requests to proper management staff, when necessary.

2. A patient services program, which will train Food Service Department employees to understand the nutritional needs and dietary requirements of patients.

3. Other in-service training shall be provided by the CONTRACTOR to include sanitation techniques and procedures, emergency feeding, dish washing, food borne illness, safety, and other training needs as they are assessed and deemed necessary by the AGENCY or the CONTRACTOR.

4. CONTRACTOR shall be solely responsible for providing and maintaining the applicable training films, slides, literature, daily work schedules, standard operating procedures. and training manuals used in training Food Service Employees. These materials shall at all times remain the property of the CONTRACTOR.

Computerized System AGENCY will provide space for CONTRACTOR IT equipment needed to provide necessary/required reports such as: patient nutritional assessments, food production and delivery controls, inventory management, billing, management reports, and other managerial functions. CONTRACTOR is responsible for proprietary IT system.

Employee/Visitor Cash Sales

a. The CONTRACTOR shall retain all cash sales to NMBHI staff or visitors generated at the retail areas operated by the CONTRACTOR. The CONTRACTOR shall credit New Mexico Behavioral Health Institute (NMBHI) at the rate of ten percent (10%) for all cash sales to NMBHI staff,and visitors, net of any tax liability, on the weekly billing. The CONTRACTOR shall be responsible for reporting and paying any sales tax liability from the sale of food to the AGENCY employees or visitors. Food will be served/sold to AGENCY employees and authorized visitors only at the Food Service Center dining room. Food sold to AGENCY employees and authorized visitors shall maintain current NMBHI cafeteria pricing, with an adjustment for taxes and other cost considerations. The CONTRACTOR shall develop and implement an appropriate accounting system for the reporting of cash food sales, which shall be approved by the Center’s Hospital Executive Director/Administrator or designee.

Insurance Requirements The CONTRACTOR agrees that in order to protect itself as well as the AGENCY under the indemnification clause herein, it shall, at all times during the term of this agreement, have and keep in force liability insurance.