55AGR-S311 - Final~1.docx

State of Nevada

Brian Sandoval

Department of Administration

Governor

Purchasing Division

Patrick Cates

Director

515 E. Musser Street, Suite 300 Carson City, NV 89701

Jeffrey Haag

Administrator

State of Nevada

Purchasing Division

Request for Proposal: 55AGR-S311

For

USDA FOODS PROCESSING - PIZZA

Release Date: August 21, 2018

Deadline for Submission and Opening Date and Time: September 13, 2018 @ 1:00 PM

Refer to Section 7, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Annette Morfin, Purchasing Officer

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Phone: 775-684-0185

Email address: amorfin@admin.nv.gov

Refer to Section 8 for instructions on submitting proposals

VENDOR INFORMATION SHEET FOR RFP 55AGR-S311

Vendor Shall:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V6 shall be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Section III of the Technical Proposal.

including address if different than above

Name:

Title:

Address:

Email Address:

TABLE OF CONTENTS

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, which can be found on the Purchasing Division’s website at: http://purchasing.nv.gov.

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

PROJECT OVERVIEW

The State of Nevada Purchasing Division is soliciting proposals on behalf of the Nevada Department of Agriculture (NDA), Food and Nutrition Division (hereinafter referred to as the Division) and eligible recipient agencies for processed end products utilizing United States Department of Agriculture (USDA) foods for pizza.

Eligible recipient agencies participate in the National School Lunch Program (NSLP) and/or the Child and Adult Care Food Program (CACFP).

The intent of this solicitation is to utilize USDA food as the primary ingredient(s), including but not limited to bulk cheese to produce specific finished end products according to applicable Federal and State regulations.

The Nevada Department of Agriculture intends to award and administer a single contract resulting from this Request for Proposal (RFP). The awarded Contract is expected to have an initial term of two (2) years, anticipated to begin December 12, 2018, subject to Board of Examiners approval, with an option to extend for two (2) additional years, if agreed upon by both parties and in the best interests of the State. The initial two (2) year contract would expire December 31, 2020. Additional extensions, if approved, will allow a price increase that is not greater than the Yearly Percentage Change in the Consumer Price Index (CPI), as published by the U.S. Department of Labor, Bureau of Labor Statistics, Food Eaten Away From Home, or a comparable index if that index is not available. Such adjustments shall be effective on a prospective basis on each anniversary date of the contract. The Yearly Percentage Change in the CPI shall be defined as the percentage change in the CPI during the 12 month reported period preceding each anniversary date hereof.

GOALS AND OBJECTIVES

The goal of this RFP is to competitively procure processed end products for National School Lunch Program (NSLP) and Child and Adult Care Food Program (CACFP) sponsors that are of high quality and meet all nutritional requirements.

The federal funds included in this project fall under the Catalog of Federal Domestic Assistance number 10.555, see Attachment L – Pizza Nutritional Guidelines.

RFP EVALUATION

Phase One and Phase Two Evaluations

All proposals will be evaluated initially against Attachment L, Phase One Checklist. Proposals presenting all items included in the Checklist will be moved into Phase Two Evaluation.

Proposing vendors moving forward to Phase Two Evaluation will be notified of the details of the product submission requirements for the Phase Two taste evaluation. See Section 1.3.2 – Sample Products for Evaluation.

Proposals that do not meet the Phase One requirements’ nutritional specifications and/or do not include nutritional documentation substantiating the State’s nutrition specifications will be excluded from consideration.

Proposals from vendors with an unresolved complaint from a recipient school district or other program sponsor will be rejected.

Sample Products for Evaluation

A detailed listing of food items requested in this solicitation is found in Attachment K – Pizza Nutritional Guidelines.

Vendors who proposals pass through the Phase One evaluation will be requested to submit one (1) case of each product with cooking instructions for comparison testing and assurance of product acceptability.

When products are requested, Vendor must submit samples and product specifications for the entire group of items; otherwise the proposal from that vendor will not be considered.

ONLY two (2) products per food item may be submitted for evaluation. If more than two (2) products per food item are submitted, the proposal may be rejected.

The costs of samples and sample delivery are the responsibility of the proposing vendor. The State shall not be responsible for the delivered conditions of the samples.

Each case shall contain a minimum of 20 samples of each product with cooking/preparation instructions. Sample size should be an appropriate quantity for 20 taste tests and does not need to be the full portion size listed.

Requested samples must be received at the following address no later than September 24, 2018: RFP Evaluation Committee, c/o Nevada Department of Agriculture Warehouse, 2250 Barnett Way, Reno, NV 89512.

Vendors should not send samples unless requested to do so.

Each food sample will be evaluated for taste and visual appearance.

SUPPORT DOCUMENTS

Proposing vendors shall submit with their proposal a completed Summary End Product Data Schedule (SEPDS) detailing serving size, approximate servings per case, and USDA Foods required to produce each cast of finished product.

Proposing vendors shall submit the most current USDA-approved SEPDS. The SEPDS can be found at the following link: http://www.Commodityfoods.org/processing.

Throughout the term of the Contract, no later than June 30th annually, the awarded vendor shall provide to the Division an updated USDA-approved SEPDS each year after the release of the annual “Average Price File for Processors” file. For example, the SEPDS for the 2018-2019 Contract Year shall be updated using the “Average Price File for Processors for SY2019 file and submitted to the Division by June 30, 2019.

Child Nutrition (CN) Labels or Manufacture’s Product Formulation Statement and Nutritional Fact Sheets, including an ingredient list and allergy declaration, must be submitted with the proposal. The nutritional fact sheet must list portion size, along with calories, protein, fat (saturated and unsaturated, total fat, percentage of fat from calories) carbohydrates, cholesterol, and sodium.

SCOPE OF WORK

BACKGROUND

The Nevada Department of Agriculture, Food and Nutrition Division, School Nutrition Services Unit under the United States Department of Agriculture, administers the processing of USDA foods into processed end products for schools and eligible child care centers.

The Nevada Department of Agriculture also operates the State’s warehousing and distribution system for multiple USDA food programs.

Nevada’s Food and Nutrition Division operates in conjunction with three (3) warehousing locations:

One (1) Reno location in the north for both dry goods and cold storage; and

Two (2) Las Vegas locations in the south, one (1) for dry goods and one (1) for cold storage.

The administrative office for Nevada’s Food and Nutrition Division, School Nutrition Services Unit is located at the Nevada Department of Agriculture’s Sparks headquarters.

SPECIAL TERMS AND CONDITIONS FOR USDA FOODS FOR PROCESSING

Vendor must comply with U.S. Department of Agriculture regulations 7 CFR part 250.30, found at http://www.ecfr.gov/;

Vendor must perform services within the boundaries of the United States in compliance with the Buy American Federal Regulation, CFR 7 250.23. Services provided under this Contract shall be performed only within the boundaries of the United States. The inability to perform all required services within the United States shall be grounds for rejection of a proposal and/ or contract termination.

Vendor must possess a USDA-approved National Processing Agreement (NPA) by or before July 1, 2018.

Proposing vendors must list states for which Vendor is currently providing (or has provided in the past) processed end products for NSLP/CACFP, including the length of time vendor has provided processed end products. Limit response to no more than five (5) pages.

The USDA’s NPA list is found on the USDA’s website: http://www.fns.usda.gov/fdd/processing/national/NPA_ApprovedProcessors.htm.

After award and receipt of a USDA-approved NPA, awarded Vendor shall complete and submit to the Division a School Year 2018-19 State Participation Agreement (SPA) for the Division’s approval.

Awarded Vendor is expected to comply with the SPA, which is expected to be in place by October 31, 2018.

If the SPA is not completed by October 31, 2018, the intended contract will be terminated.

The State reserves the right to negotiate Contract terms and conditions when it is in the best interest of the State to do so. A vendor may not submit its own contract document as a substitute for the State’s special terms and conditions.

USDA FOOD SHIPMENTS

USDA specified foods (raw product) shall be shipped to the awarded vendor’s plant by USDA in truckload quantities;

USDA food received for processing by the processing plant shall be under the jurisdiction of the USDA plant inspector, who will verify the actual number of pounds received for the State;

Awarded vendor shall accept USDA food whenever USDA foods are available;

Awarded vendor will not charge the State of Nevada for the receipt and storage of these products;

Awarded vendor will follow all standard receiving practices FNS Instruction 709-5 Revision 2 per USDA guidelines which can be found here http://www.fns.usda.gov/fdd/instructions-handbooks;

All equipment used in the performance of this contract shall be capable of performing at an effectiveness level in accordance with manufacturer’s specifications and with all federal, state and local laws, rules and regulations governing such equipment; and

All trucks used in the delivery of the product(s) shall meet all applicable federal, state and local food safety and sanitation requirements.

PACKAGING

All packaging and packing materials shall be new and clean, and shall not impart odors or flavors to the product. The State shall be the sole judge as to the acceptability of the packaging and packing materials. The awarded vendor shall replace unacceptable product due to unacceptable packaging at the awarded vendor’s expense.

Finished product is to be packed in inner poly bags. Bags shall be securely closed. Metal wire ties, metal clips, paper-coated wire ties or staples shall not be used for sealing plastic-film bags.

Finished product is to be packed in cartons with net weight being no more than forty (40) pounds.

Boxes shall be corrugated, and have a one (1)-piece, die-cut Regular Slotted Container (RSC) design.

Fiberboard shall be tested for not less than 200 pounds.

No holes are permitted, unless finished processed product requires holes in the corrugation to aid in rapid cooling.

Staples shall not be used as a final case closure.

Case closure shall be accomplished by taping, strapping or gluing.

All boxes within the delivery unit of an individual product shall be of a uniform size and weight and shall be stacked on pallets and wrapped as outlined below. Shipments shall be palletized deliveries and shall conform to the following:

Manufacturers standard 40” x 48” partial 4-way shipping pallets;

Maximum Height: 7’6” which includes the pallet;

Maximum Weight: 3200 pounds which includes the pallet;

Pallets are to be securely banded or shrink wrapped; and

The cost of pallets and palletizing shall be included in the unit price.

Recycled Containers: Proposing vendors are encouraged to offer products packaged in containers using recovered materials suitable for the intended use. By doing so, the proposing vendor warrants the product(s) as at least functionally equivalent to the specifications. “Recovered material” is defined as post-consumer waste (any products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of collection, recycling, and disposition) and “secondary waste” (industrial by-products and wastes generated after completion of a manufacturing process that would normally not be reused).

ALL products must have a “date produced: and “best if used by” date (calendar dates or Julian dating only, no other date coding is allowed) clearly visible on the outer packaging.

Each pallet may only contain one (1) product.

Printed, stamped and stenciled labeling and marking information on shipping containers shall be water-fast, non-smearing, of a contrasting color, clear and readable.

Each container shall have the required mandatory labeling. Product name, vendor name, date produced/processed lot number and all ingredients (including seasonings), shall be listed in descending order by weight, Child Nutrition (CN) Labeled, if applicable.

The delivered product shall comply with all applicable Federal and State mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution and sales of the product within the commercial marketplace.

QUANTITY OF PRODUCTS

Amounts specified in this solicitation are good faith usage estimates and the State shall not be (implied or otherwise) held to a definite quantity of product ordered for the duration of the contract.

The historical usage listed in (Refer to Attachment N, Pizza Specifications – Group 1 and Attachment O, Pizza Specifications – Group 2), is an approximation of the amount of raw product (USDA food items listed) that has previously been sent to processors annually for the past two (2) years.

USDA foods shall not be processed into finished products until orders are placed by the State and shall be delivered in no less than one-quarter (1/4) truckload five (5) pallet quantities.

Orders will be placed twenty-one (21) working days prior to requested delivery date.

PRODUCT DELIVERY LOCATIONS

When items are ordered, vendors must deliver products to the distribution point indicated at one of the addresses listed below.

Nevada Department of Agriculture Food Distribution Warehouse 2250 Barnett Way Reno, NV 89512 Phone: (775) 684-1839 Delivery Appointment: 48 Hour Notice Delivery Day/Time: Monday-Thursday, 7:00 a.m. to 12:00 p.m.

Washoe County School District 585 Spice Island Ct.

Sparks, NV 89431 Phone: (775) 353-5930 Delivery Day/Time: Monday-Friday, 7:00 a.m.to 2:00 p.m.

Las Vegas Cold Storage 1201 Searles Ave.

Las Vegas, NV 89101 Phone: 702) 649-8002 Attention: Receiving Delivery Appointment: Required, 48 Hour Notice

Clark County Food Service 6350 E Tropical Parkway Las Vegas, NV 89115 Phone: 702-799-8123, ext. 214 Attention: Receiving Delivery Appointment: Carrier must call before loading to receive a confirmation number from Clark County School District (CCSD) warehouse. Appointment is required.

Delivery Day/Time: Monday-Friday, 7:00 a.m. to 2:00 p.m.

Nevada Department of Agriculture Southern Headquarters 2300 St. Louis Ave.

Las Vegas, NV 89104 Delivery Appointment: 48 Hour Notice

FEE-FOR-SERVICE

The awarded vendor shall deliver the finished end products directly to the designated distribution point (Reno or Las Vegas) refer to Section 2.6 – Product Delivery Locations) and bill the Nevada Department of Agriculture for the agreed-upon F.O.B. proposal price.

The awarded vendor shall not be paid for the value of the USDA food. The awarded vendor will be paid for the awarded vendor’s cost of ingredients, labor, packaging, overhead, delivery, and any other costs incurred in the conversion of the USDA food into the specified finished end-product as one (1) unit price.

SHIPPING AND STORAGE

Orders will be placed in no less than quarter (1/4) truckload, five (5) pallet quantities.

Frozen products shall be stored in sub-zero degree temperatures.

Frozen product storage temperature will not be permitted to exceed 10 degrees F (-12.2 degrees C) during shipment to the distribution dock.

Refrigerated products shall be shipped and stored between 40 and 32 degrees F.

Refrigerated product storage temperature will not be permitted to exceed 40 degrees F during shipment to the distribution dock.

All products must be guaranteed to maintain quality for six (6) months after being received by Nevada Department of Agriculture (NDA), or recipient agency, if stored under appropriate conditions, including frozen products.

All trucks of finished end products delivered into the State of Nevada must be secured at all times prior to unloading with tamper-resistant, serially numbered, high-security seals. Seals shall be serially number, barrier-type and meet American Society for Testing and Materials Standard ISO 17712. Seals shall be 1/8th inch diameter cable, high-security bolt, or equivalent. The awarded vendor must maintain a record of each seal number used per truck lot and less-than-truck lot (LTL) delivery unit. The awarded vendor must ensure that the applicable seal identification number is on each bill of lading, shipment manifest, certificate, or delivery documents for each delivery destination.

The seals shall be used for all single and multi-stop shipments and placed on all doors, hatches, vents or other points of entry. In the case of multi-stop deliveries, the awarded vendor shall provide a sufficient number of seals to ensure the conveyance is secured after each delivery destination. It is the responsibility of the awarded vendor’s agent (i.e. the truck driver) to seal the trailer after delivering each multi-stop shipment. The warehouse has no responsibility to inspect, document or otherwise support seal application on a multi-stop delivery.

If the load arrives with an incorrect seal, broken seal, incorrect seal documentation (seal number on paperwork and truck seal do not match, handwritten changes to documentation) or the load is unsealed, receiving warehouse(s) will follow the process outlined below:

Immediately stop the receiving process of the inbound USDA foods shipment. The warehouse will not unload the shipment.

Instruct the awarded vendor’s contracted agent (i.e. the truck driver) to remain at the warehouse facility while the division is contacted regarding the truck seal issue and for resolution.

The Division will contact the vendor regarding the truck seal issue to obtain resolution from the awarded vendor.

The awarded vendor has the following options regarding the rejected load(s).

Awarded vendor may have the load inspected by a USDA/AMS (Agricultural Marketing Service) inspector. After inspection, the awarded vendor will email the Department an inspection certificate (Certificate of Loading, Condition of Container, or Certificate of Quality and Condition) prior to re-delivery of the shipment. Upon receipt of the signed statement, the Division will approve for re-delivery of the load to the warehouse on a sealed truck, following the seal requirements (refer to Section 2.8 – Shipping and Storage). It is the awarded vendor’s responsibility to determine the location inspection, which may require moving the load.

Return the load to a processing facility, either owned or contracted by the awarded vendor and have the awarded vendor’s quality control (QC) Manager/Supervisor review the load for quality and safety. QC Manager shall provide the Division with a signed statement indicating that the load has been inspected and is deemed wholesome and safe for human consumption. After the receipt of the signed statement, the Division will approve the load to be re-delivered to the warehouse on a sealed truck, following seal requirements (refer to Section 2.8 – Shipping and Storage).

Return rejected load to processing facility and deliver a new load to the warehouse, on a sealed truck, following seal requirements (refer to Section 2.8 – Shipping and Storage). If the awarded vendor is sending a new shipment, the awarded vendor must provide detailed lot-ID documentation to substantiate that a new load is being shipped.

Awarded vendor will be unable to make a warehouse delivery appointment for re-delivery of product until the Division has received required inspection paperwork and approved product for re-delivery.

If the finished end-product load arrives after normal business hours (8:00 a.m. – 4:00 p.m. PST) and/or the receiving warehouse is unable to discuss with a Division representative via telephone and/or email, the warehouse shall reject the load(s).

The awarded vendor is responsible for all costs (freight, inspection fees, etc.) associated with the rejected load(s).

ISSUE RESOLUTION

The Division shall serve as the single point of contact for any problems/issues arising from the contract.

In the event federal regulations governing the National School Lunch Program (NSLP) or Child and Adult Care Food Program (CACFP) meal pattern requirements change significantly, nutritional requirements for the food items specified may change. In the event of such change, product reformulations will be allowed pending approval of requested reformulations by the Division.

In the event substandard product is identified by the Division or recipient agencies the vendor will be notified within ten (10) days of the Division identifying the problem or the recipient agency notifying the Division of the problem.

If the complaint is from a recipient agency, documentation of the problem will be required. Such documentation will be forwarded to the vendor.

If the problem is identified by the Division, documentation will be submitted to the vendor as well.

The vendor must then respond to the Division with a proposed solution to the problem within ten (10) days. If the identified problem cannot be resolved to the satisfaction of the Division, the contract will be terminated.

In the event a food item produced by a contracted vendor is discontinued, an equivalent substitution would be acceptable, pending NDA approval of the substitution and any requested pricing changes. The awarded vendor will be requested to submit a substitution product, if the submitted substitution does not meet taste or price criteria and is deemed to not be equivalent, a secondary vendor may be awarded a contract for that item.

SITE INSPECTION

Prior to final award of the contract, the Division may conduct an onsite inspection of the processing facilities to affirm the ability of the awarded vendor to provide the services as required by this RFP. If an onsite inspection is conducted, the awarded vendor shall be notified by the Division at least five (5) business days prior to the date of onsite inspection.

PRODUCT SPECIFICATIONS

For full product specifications (Refer to Attachment N, Pizza Specifications – Group 1 and Attachment O – Pizza Specifications – Group 2).

One (1) vendor will be awarded per food group.

Awarded vendor will have the option to provide additional items within the awarded Food Group during the contract period only if it’s in the best interest of the State and by following federal and state regulations.

For all products contributing towards a grain equivalent, all breading, buns or sliced bread or rice shall be whole grain-rich and meet the whole grain-rich criteria as defined in USDA Memo SP30-2012, dated April 26, 2012.

PERFORMANCE REPORTING

The awarded vendor will be required to provide a monthly performance report for the duration of the contract to the Division as a PDF or Excel spreadsheet documenting the monthly activity at the processing plant. The content of the reporting is determined by USDA and is subject to change.

The awarded vendor shall submit monthly performance reports pertaining to performance under the contract to the Division, postmarked or transmitted electronically no later than 30 calendar days after the close of the reporting period [one (1) month] for the duration of the contract.

If no activity took place during the reporting month a performance report shall be submitted to reflect no activity. Awarded vendor failing to submit monthly performance reports within the established time limits shall be considered in noncompliance with the Contract which may result in contract termination by the Division.

The monthly performance reports shall include the following information:

USDA Foods inventory at the beginning of the reporting period;

Total quantity of USDA foods received during the reporting period;

Total number of units/cases of approved end products by product code or brand name;

Total number of pounds of USDA foods reduced from inventory and year-to-date totals; and

USDA foods inventory at the end of the reporting period.

ADDITIONAL REQUIREMENTS OF PROPOSING VENDORS

Proposing vendors must provide a list of the states that they have provided processed end products for NSLP/CACFP and the length of time they have provided processed end products.

This section must be limited to no more than five (5) pages.

Proposing vendors must provide a brief description of the length of time they have been providing services described in this RFP to the public and/or private section.

COMPANY BACKGROUND AND REFERENCES

VENDOR INFORMATION

Vendors shall provide a company profile in the table format below.

Company name:

Ownership (sole proprietor, partnership, etc.):

State of incorporation:

Date of incorporation:

# of years in business:

List of top officers:

Location of company headquarters, to include City and State:

Location(s) of the office that shall provide the services described in this RFP:

Number of employees locally with the expertise to support the requirements identified in this RFP:

Number of employees nationally with the expertise to support the requirements in this RFP:

Location(s) from which employees shall be assigned for this project:

Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Question Response

Nevada Business License Number:

Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes

No

If “No”, provide explanation.

Has the vendor ever been engaged under contract by any State of Nevada agency?

Yes

No

If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Name of State agency:

State agency contact name:

Dates when services were performed:

Type of duties performed:

Total dollar value of the contract:

Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

Yes

No

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFP, and specify the services that each person shall be expected to perform.

Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Does any of the above apply to your company?

Yes

No

If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

Status of the litigation:

Vendors shall review and provide if awarded a contract the insurance requirements as specified in Attachment D, Insurance Schedule for RFP 55AGR-S311.

Company background/history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages.

Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

Financial information and documentation to be included in accordance with Section 8.5, Part III – Confidential Financial Information.

Dun and Bradstreet Number

Federal Tax Identification Number

SUBCONTRACTOR INFORMATION

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

Does this proposal include the use of subcontractors?

Yes

No

If “Yes”, vendor shall:

Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor shall perform services.

If any tasks are to be completed by subcontractor(s), vendors shall:

Describe how the work of any subcontractor(s) shall be supervised, channels of communication shall be maintained and compliance with contract terms assured; and

Describe your previous experience with subcontractor(s).

Provide the same information for any proposed subcontractors as requested in Section 3.1, Vendor Information.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor shall notify the using agency of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 3.2, Subcontractor Information. The vendor shall receive agency approval prior to subcontractor commencing work.

BUSINESS REFERENCES

Vendors should provide a minimum of three (3) business references from similar projects performed for school districts and State agencies within the three (3) years.

Vendors must have a minimum of two (2) years of experience in providing processed end-products using USDA Foods.

Vendors shall submit Attachment E, Reference Questionnaire to their business references.

It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 7, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process.

The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

VENDOR STAFF RESUMES

A resume shall be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment F, Proposed Staff Resume.

COST

Vendors must provide detailed fixed prices for all costs associated with the responsibilities and related services. Clearly specify the nature of all expenses anticipated. The spreadsheet contained in (Refer to Attachment G, Cost Schedule) must be used. Failure to utilize the spreadsheet may result in proposal rejection (refer to Attachment G, Cost Schedule).

COST SCHEDULE INSTRUCTIONS

Failure to follow instructions may disqualify the proposal.

Fee-for-Service per Case Price must include all costs to palletize and deliver FOB Destination, Prepaid, to State distribution points listed in Section 3.7, Product Delivery. Prices shall be in U.S. dollars to two (2) decimals. Attachment G, Cost Schedule shall be completed electronically in Excel format to allow formulas to automatically calculate Commodify DF Value per Case and Per Serving Combined Cost.

Fee-for-Service per Case Price is based on the “fee-for-service Processor value-pass-through method” which represents a Processor’s cost of ingredients (other than the value of the USDA Foods), labor, packaging, overhead, and other costs incurred in the conversion of the USDA Foods into the specified finished end- product. Vendors shall enter a price for processing one (1) case for each product.

Servings per Case is the number of servings per case. Vendor shall enter the number of servings per case for each product.

Commodity Pounds Used per Case is the USDA Foods number of pounds to produce a case of product. Vendor shall enter the pounds per case for each product.

Commodity DF Value per Case is electronically calculated for the Vendor. Commodity DF Value per Case represents the total when the Commodity Pounds Used per Case is multiplied by the USDA Foods price (refer to Section 5.8). Vendor shall not enter a price in Commodify DF Value per Case.

Per Serving Combined Cost is the total cost per serving for one (1) serving toward the Child Nutrition Meal Pattern Requirements. Per Serving Combined Cost shall be automatically calculated to four (4) decimals, using the following formula: (Fee-for-Service Per Case Price + Commodity DF Value Per Case)/Servings Per Case = Per Serving Combined Cost. Vendors shall not enter a price in Per Serving Combined Cost.

For Cost Scoring purposes, the 2018 USDA Average Process Material Prices will be used:

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FINANCIAL

PAYMENT

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Before payment is made, the Division shall verify that all invoiced charges are correct and financial conditions are in compliance with the Contract and corresponding purchase order. Only properly submitted invoices shall be officially received for payment. Prompt payment requires invoices to be clear, complete, and in compliance with conditions of this Request for Proposal and subsequent purchase orders.

Payment shall not be made until the finished end-product is determined to meet all specifications and has been accepted by the Division. Each invoice shall be itemized and shall include any applicable purchase order number(s). Payment for invoices that do not include itemized pricing information may be delayed until this information is received.

The awarded vendor shall submit charges to reflect the prices established for the items on the contract. Any changes in pricing must be approved through an official contract amendment, signed by both the awarded vendor and Division, before they can be applied. The awarded vendor shall be paid after goods have been delivered and accepted as specified. Awarded vendors need to inform the Division of any pricing discrepancies within thirty (30) days from receipt of the Purchase Order. A good faith dispute creates an exception to payment invoices within thirty (30) days of receipt (prompt payment).

Invoices and Payment: Terms of payment for processing shall be thirty (30) days from the date the invoice is received by the Nevada Department of Agriculture. Invoices shall include the date the product was sent to the State warehouse, case price, and total number of cases sent. Invoices must be sent to the address indicated on the purchase order.

No fuel surcharges shall be permitted in this contract.

Billing Address:

Nevada Department of Agriculture Food & Nutrition Division 405 S. 21st Street Sparks, NV 89431 775-353-3758

BILLING

The State does not issue payment prior to receipt of goods or services.

The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

The State presently has a Procurement Card Program that participating State agencies may use to pay for some of their purchases. The Program is issued through a major financial institution and is treated like any other major credit card. Using agencies may desire to use the card as a method of payment. No additional charges or fees shall be imposed for using the card. Please indicate in your proposal response if you will accept this method of payment.

Vendors may propose an alternative payment option. Alternative payment options will be considered if deemed in the best interest of the State, project or service solicited herein.

TIMELINESS OF BILLING

The State is on a fiscal year calendar. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August that forces the State to process the billing as a stale claim pursuant to NRS 353.097, shall subject the contractor to an administrative fee not to exceed $100.00. This is the estimate of the additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claims payment due the contractor.

WRITTEN QUESTIONS AND ANSWERS

The Purchasing Division shall accept questions and/or comments in writing regarding this RFP as noted below:

QUESTIONS AND ANSWERS

All questions regarding this RFP should be submitted using the Bid Q&A feature in NevadaEPro.

To access the Bid Q&A:

Log into your Seller account on NevadaEPro:

Click the Bids tab in the header, Click View under Bid Q&A on the appropriate Bid Solicitation under the Open Bids section.

The deadline for submitting questions is as specified in Section 7, RFP Timeline.

All questions and/or comments shall be addressed using the Bid Q&A in NevadaEPro. If questions and answers require a material change to the Bid Solicitation, an Amendment will be posted in NevadaEPro and you will receive email notification.

RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time. The State also reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

GENERAL SUBMISSION REQUIREMENTS

Vendors shall submit their proposals by using Create Quote through the State electronic procurement website, https://NevadaEPro.com, in accordance with the instructions below.

Refer to Instructions for Vendors Responding to a Bid in the Important Links section on the front page of NevadaEPro for instructions on how to submit a Quote using NevadaEPro.

The Quote/Proposal shall contain a maximum of four (4) attachments which may include:

Technical Proposal Confidential Technical (if applicable) Cost Proposal (if applicable) Confidential Financial (if applicable)

Proposals shall have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical response qualifies as “confidential” per NRS 333.020 (5) (b).

If complete responses cannot be provided without referencing confidential information, such confidential information shall be provided in accordance with Section 8.3, Part IB – Confidential Technical Proposal and Section 8.5, Part III Confidential Financial Information.

Specific references made to the section, page, and paragraph where the confidential information can be located shall be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 8.6, Confidentiality of Proposals.

Proposals that do not comply with the requirements may be deemed non-responsive and rejected at the State’s discretion.

Although it is a public opening, only the names of the vendors submitting proposals shall be announced per NRS 333.335(6). Technical and cost details about proposals submitted shall not be disclosed.

Assistance for handicapped, blind or hearing-impaired persons who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

For ease of evaluation, the technical and cost proposals shall be presented in a format that corresponds to and references sections outlined within this RFP and shall be presented in the same order. Written responses shall be in bold/italics and placed immediately following the applicable RFP question, statement and/or section.

Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

For purposes of addressing questions concerning this RFP, the sole contact shall be the Purchasing Division as specified on Page 1 of this RFP. Upon issuance of this RFP, other employees and representatives of the agencies identified in the RFP shall not answer questions or otherwise discuss the contents of this RFP with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Any vendor who believes there are irregularities or lack of clarity in the RFP or proposal requirements or specifications are unnecessarily restrictive or limit competition shall notify the Purchasing Division, in writing, as soon as possible, so that corrective addenda may be furnished by the Purchasing Division in a timely manner to all vendors.

If a vendor changes any material RFP language, vendor’s response may be deemed non-responsive per NRS 333.311.

The vendor understands and acknowledges that the representations made in its proposal are material and important, and shall be relied on by the State in its evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

PART IA – TECHNICAL PROPOSAL

The Technical Proposal shall not include cost and/or pricing information. Cost and/or pricing information contained in the technical proposal may cause the proposal to be rejected.

Using Create Quote in NevadaEPro, vendors shall provide one (1) PDF Technical Proposal on the Attachments tab that includes the following:

Section I – Title Page with the following information:

Part IA – Technical Proposal

Vendor Name:

Address:

Section II – Table of Contents

An accurate and updated table of contents shall be provided.

Section III – Vendor Information Sheet

The vendor information sheet shall be completed and signed by an individual authorized to bind the organization.

Section IV – State Documents

The State documents section shall include the following:

The signature page from all amendments signed by an individual authorized to bind the organization.

Attachment A – Confidentiality and Certification of Indemnification signed by an individual authorized to bind the organization.

Attachment B – Vendor Certifications signed by an individual authorized to bind the organization.

Attachment H – Certification Regarding Lobbying signed by an individual authorized to bind the organization.

Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

Copies of applicable certifications and/or licenses.

Section V – Scope of Work

Vendors shall place their written response(s) to Section 2, Scope of Work in bold/italics immediately following the applicable RFP question, statement and/or section.

Section VI– Company Background and References

Vendors shall place their written response(s) to Section 3, Company Background and References in bold/italics immediately following the applicable RFP question, statement and/or section. This section shall also include the requested information in Section 3.2, Subcontractor Information, if applicable.

Section VII – Proposed Staff Resume(s)

Vendors shall include all proposed staff resumes per Section 3.4, Vendor Staff Resumes in this section.

This section shall also include any subcontractor proposed staff resumes, if applicable.

Section VIII – Other Informational Material

Vendors shall include any other applicable reference material in this section clearly cross referenced with the proposal.

PART IB – CONFIDENTIAL TECHNICAL PROPOSAL

Vendors only need to submit Part IB if the proposal includes any confidential technical information (Refer to Attachment A, Confidentiality and Certification of Indemnification).

If needed, vendors shall provide one (1) PDF Confidential Technical Proposal file that includes the following:

Section I – Title Page with the following information:

Part IB – Confidential Technical Proposal

Vendor Name:

Address:

Section II – Confidential Technical

Vendors shall cross reference the confidential technical information back to the technical proposal, as applicable.

PART II – COST PROPOSAL

Vendors shall submit pricing information on the Items tab of their Quote in NevadaEPro.

Vendors shall provide additional pricing information as detailed in Section 8.4.4 if appropriate or required in accordance with Section 4, Cost.

The cost proposal shall not be marked “confidential”. Only information that is deemed proprietary per NRS 333.020 (5) (a) may be marked as “confidential”.

If needed, vendors shall provide one (1) PDF Cost Proposal file that includes the following:

Section I – Title Page with the following information:

Part II – Cost Proposal

Vendor Name:

Address:

Section II – Cost Proposal

Vendor’s shall place the information required per Section 4, Cost in this section.

PART III – CONFIDENTIAL FINANCIAL INFORMATION

If needed, vendors shall provide one (1) PDF Confidential Financial Information file that includes the following:

Section I – Title Page with the following information:

Part III – Confidential Financial Information

Vendor Name:

Address: