Dairy Services August 2023.pdf

REQUEST FOR PROPOSAL

RFP 083023

Dairy Services

PROPOSAL SUBMISSION:

Procurement Department Southwest Key Programs

6002 Jain Lane Austin, Texas 78721

Bonfire SWK

REFER INQUIRIES TO:

Bonfire SWK

*To access proposal documents on Bonfire SWK, a free registration is required.

PROPOSALS ARE DUE:

WEDNESDAY, SEPTEMBER 13TH BY 5:00 PM CST

TABLE OF CONTENTS

Table of Contents

1 INTRODUCTION AND OVERVIEW

1.1 Purpose of the Request for Proposal (“RFP”)

1.2 Background Information

1.3 Requirements and Deliverables

1.3.1 Overview

1.3.2 Solicitation Goals

1.3.3 Eligible Respondents

1.3.4 Scope of Work

1.4 Samples

1.5 Term/Option to Extend

1.6 Awards

1.7 SWK Terms and Conditions

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS

2.1 Notice of Intent to Submit

2.2 Submission Of Questions

2.3 Proposal Submission, Date, and Time

2.4 Key Dates

2.5 Standard Proposal Requirements

2.6 Non-disclosure Agreements

2.7 Proposal Preparation Costs

2.8 Disclosure of Proposal Content

2.9 Vendors Conference

2.10 Conflict of Interests

3 PROPOSAL FORMAT AND CONTENT

3.1 Proposal Format and Content

3.1.1 Proposal Cover Page

3.1.2 Table of Contents

3.1.3 Response Checklist

3.2 Requirements Plan

3.3 Timelines

3.4 Pricing Requirements

3.5 Respondent’s Profile and Financial Responsibility

3.6 Additional Terms and Conditions

4 REVIEW OF PROPOSALS

4.1 Review of Proposals

4.2 Selection Criteria

4.3 Discrimination

4.4 Encouraged Participants

4.5 Best and Final Offer

5 CONTRACTUAL REQUIREMENTS

5.1 Respondent’s Proposal

5.2 Material & Product Requirements

5.3 Vendor Performance

5.4 Payment

5.5 Vendor Registration in Oracle

6 Appendix

Attachment A – SWK General Terms and Conditions

Attachment B – Notice of Intent to Submit a Proposal

Attachment C – Cover Page Suggested Format for Proposal

Attachment D – Respondent Company Profile Form

Attachment E – Respondent References Form

Attachment F – Additional Contract Provisions

Attachment G – Product Specification LIST, Pricing Sheet, and Texas program historical usage information

Attachment H – Southwest Key Programs – Program Bed Count

Attachment I – SWK Ordering Instructions

Attachment J – SWK Shipping and Handling Instructions

Attachment K – SWK Program Locations

1 INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF THE REQUEST FOR PROPOSAL (“RFP”)

It is the intent of Southwest Key Programs (SWK) to solicit proposals to obtain primary Dairy vendors to participate in the RFP for purchasing commercial dairy products and related services from Dairy Suppliers.

1.2 BACKGROUND INFORMATION

SWK is a national nonprofit organization that exists to create opportunities and improve the quality of life for thousands of youth and families each day by providing safe shelter, alternatives to incarceration, career development and quality education. This is done through three areas of programming:

a. Immigrant Children’s Shelters

b. Youth and Family Services

c. Workforce Solutions

SWK participates in the United States Department of Agriculture (USDA) National School Lunch Program (NSLP), a federally assisted meal program that operates in public and nonprofit private schools and residential childcare institutions. The NSLP program provides children nutritionally balanced, low-cost, or free lunches daily. Southwest Key is committed to providing proper nutrition to each child in its care. In accordance with the Federal Buy American Act, SWK desires to purchase domestic dairy products to promote the health and well-being of children, youth, and families.

1.3 REQUIREMENTS AND DELIVERABLES

1.3.1 Overview

Southwest Key aims to identify a vendor who is capable of supplying dairy products and related services to each of its programs. SWK provides quality care for children in twenty-nine shelters located throughout various states. The successful Respondent(s) will be responsible for the supply and delivery of dairy products to programs in the locations that the Respondent is capable of servicing and intends to bid on (see Attachment L). SWK has the right to add or remove additional locations during the length of the contract. The Respondent may wish to visit Southwest Key Programs' website to better understand SWK’s need for the goods described in this solicitation.

1.3.2 Solicitation Goals

It is the goal of Southwest Key to obtain dairy items which allow SWK to provide a variety of healthy, safe, and reliable dairy products and related services to children and youth at SWK. The RFP endeavors to obtain pricing information for the items required to fulfill the goals of the solicitation.

1.3.3 Eligible Respondents

• The Respondent will not be on the federal debarment or suspension list;

• The Respondent shall have at least five (5) years of experience with dairy service programs;

• The Respondent shall have at least two (2) years of experience servicing customers similar in size to SWK;

• The Respondent shall have the resources and ability to provide dairy to SWK facilities as needed;

• The Respondent must have the financial resources to properly maintain adequate product inventory levels to service SWK

1.3.4 Scope of Work

SWK requests qualified organizations to provide quality dairy products and related services to each of its programs. The Respondent shall provide a thorough implementation and management plan to support the distribution and delivery of its dairy and related products to support SWK’s School Lunch Program. A product specification list is provided in Attachment M. The list provided in Attachment M is provided as an example of the dairy products with descriptions that SWK orders. Respondents may propose items with varying brand names, as long as the items proposed have the same or similar descriptions as the items listed in Attachment M. Attachment M should also be used to list pricing for the products listed. Quantities listed on the product sheet are estimated purchases of each product during a specified period. The Respondent shall indicate which products are non-stock items and the process for purchasing such goods.

Capacity and Capability

To ensure the best value to SWK, the Respondent shall define the process of maintaining stock inventory of core items to meet and maintain the delivery of dairy products to each of SWK’s programs.

All available resources and equipment should be described to ensure the Respondent is capable of delivering dairy products in the appropriate timeframe specified in this RFP. Respondents must describe any ordering and/or administrative systems that are available for SWK’s use, including the ability to pull usage reports, status of orders, identify out-of-stocks orders, etc.

Respondents are encouraged to indicate in their proposal which regions their organization intends to service. Respondents are required to submit a list of their facilities (offices or warehouses) in their proposal.

Ordering

The Respondent must address the process of establishing an online ordering account for SWK, including the ability to view in-stock and out-of-stock items. Should products become unavailable, the Respondent shall also describe how this will be communicated to SWK. The Respondent should explain the various ordering options available and include the acknowledgment process. The process must also detail how back-ordered or out-of-stock products are handled. Additionally, each product must be available at each warehouse to facilitate consistency across each of SWK’s shelters. The Respondent should elaborate on the capability to provide Southwest Key with confirmation emails or similar correspondence when orders are placed and the standard timeframe for order confirmation. SWK must also have the ability to place orders in advance for future dates. After order placement, the timeline for releasing tracking information to Southwest Key Programs must be specified, as well as the capability for SWK to track orders via an order tracking system or website. Southwest Key also requests the Respondent complete Attachment J – SWK Ordering Instructions to accompany this section of the proposal.

SWK has the right to procure alternative products if the proposed cost of these items exceeds market value or SWK budget. Should the Respondent need to increase the cost of any items outside of the contractually agreed upon price, prior SWK Executive Leadership approval will be required. Change management shall be discussed upon award.

Delivery:

The Respondent must be able to dedicate the appropriate resources to deliver products to a facility within five days of contract award. The Respondent must ensure that delivery drivers will unload and place all products in the proper location as determined by SWK. SWK requires that the successful Respondent notify a designated Point of Contact (POC) prior to delivering any items at a SWK shelter.

Orders must be delivered by 2 PM in all regions, and evening deliveries are not acceptable. However, the specific cutoff time for SWK staff to place orders to ensure next-day delivery may vary across regions, generally falling around 12 - 1 PM. Precise schedules will be addressed upon contract award.

The Respondent must also describe the process for notifying SWK in a timely manner in the event of a delay in delivery. Each shipment must be accompanied with a packing list of goods’ names, quantities, and expiration date. The Respondent must ensure that the products listed below are within the expiration timeframe:

• Dairy Products – 1.5 - 2 weeks

Southwest Key shall not be charged fuel surcharges associated with shipping and handling as part of the negotiated agreement. The Respondent must have the capability to rapidly deliver orders (within 24-48 hours) to the following regions under normal circumstances:

• South Texas

• Houston, Texas

• El Paso, Texas

• Arizona

• California

SWK may award one or multiple vendors to service each of SWK’s regions. Respondents must specify which locations they can support and intend to bid for. Respondents must also include the locations of their organizations warehouses in their proposal. The Respondent should review Attachment L for specific locations. It is required that the Respondent complete Attachment K – SWK Shipping and Handling Instructions to accompany this section in the proposal.

Most SWK shelters in the Texas region (Houston, South Texas, and El Paso) receive 2 grocery deliveries per week, and most shelters in the Western region (California and Arizona) receive 2-3 grocery deliveries per week, depending on the shelter size. Delivery frequency will be discussed upon contract award.

Damaged, Spoiled, and Poor-Quality Products:

Respondents shall describe a return and exchange policy as part of their proposal. Inspection of products will be conducted by a SWK employee upon delivery. Products not in accordance with the specifications of this RFP shall be returned at the vendor’s expense and credits given to SWK for replacing the poor-quality product. The vendor shall remove and replace all damaged, spoiled, and poor-quality products. SWK reserves, in its sole discretion, the determination as to whether the items meet SWK standards. The vendor will arrange for the return of all erroneously ordered or shipped items at no cost to the SWK. There will be no restocking fee for returns of items that are damaged or shipped by the vendor in error. Damaged or defective shipment products may not be accepted upon delivery if:

• The products or packaging of products are defective (I.e., broken and/or damaged).

• The products or packing of products are not delivered as agreed.

• The products were substituted without prior approval of SWK

SWK reserves the right to modify, adjust, or change any part of the process for damaged, spoiled, and poor-quality products during negotiations after contract award.

The Respondent shall also describe the process for substitutions, should the need arise to provide an alternative product. SWK must approve all substitutions proposed by the Respondent no less than twelve hours (12) prior to delivery. Should any product be substituted, the Respondent must provide a substituted product with SWK approval at the same cost of the originally ordered item and must not add any additional costs for produce or freight, and the product must be equivalent with the NSLP dietary standards of the original products. Respondents will fulfill 95% of orders without shortages, outages or substitutions.

Customer Service:

The Respondent should have a dedicated SWK account manager available from 8:00 a.m. to 5:00 p.m.

(Central Time) to answer questions, address credits, special deliveries, resolve any issues, or provide general assistance. The vendor is also required to maintain a toll-free number to troubleshoot issues with ordering products, inquiring about the status of an order, or wishing to report damaged or defective products. The dedicated account manager shall also remain available to SWK staff when requested to discuss new dairy products, promotions, dairy sampling, etc.

Customer service representatives must have the ability to communicate in both English and Spanish.

SWK also prefers that an available account manager or company representative meets with SWK when mutually agreed upon to discuss new products, promotions, dairy sampling, etc.

SWK also requests that Respondents provide usage reports, exception reporting for substitutions, and reports detailing the products that did not comply with the Buy American requirement, as well as a detailed reason why products did not comply with the Buy American clause. The reports must be provided on a a quarterly basis or at an agreed upon basis as discussed during negotiations.

Nutritional Information

The Respondent shall provide the nutrition label for SWK contracted items within five days of contract execution and upon request from SWK. A copy of the carton nutrition label will suffice as the nutrition label. New nutrition labels must be provided as manufacturer updates occur and when new products are presented. The Respondent shall provide a Standard Order Guide for each program in any region that the Respondent would like to bid on. Each Standard Order Guide must include the Country of Origin to abide by the Buy American Clause. Additionally, to comply with the National School Lunch Program, each SWK contracted good must be labeled with a nutrition label on the carton, and/or a nutrition label.

Product Specifications

Respondents must refer to the attached product list (Attachment G) for product specifications and anticipated purchase quantities. When a brand is specified, provide the price and indicate if the product is non-stock. Where acceptable alternates to the primary brand are listed, provide data only if the item is special order or you are unable to supply the branded item. If the brand field has been left blank, indicate the proposed brand and whether it is a “private label.” Quantities shown on the Product List are estimated purchases of each product during a specified period.

1.4 SAMPLES

Samples are not required for this Request for Proposal.

1.5 TERM/OPTION TO EXTEND

The term of any subcontract resulting from this RFP shall be from subcontract award for one fiscal year.

SWK, at its own discretion, may extend any subcontract awarded pursuant to this RFP for up to two (2) additional fiscal years under the same or different terms subject to appropriation of funds by SWK funders or the Office of Refugee Resettlement (“ORR”) for this project.

Respondents are required to provide a comprehensive outline of their strategic approach for utilizing subcontractors to enhance the effectiveness of operations, if applicable. SWK reserves the right to request any documents pertaining to the identified subcontracts. SWK also reserves the rights to approve or reject the use of a subcontractor or any part of the subcontracting plan. Moreover, Respondents will be responsible for the performance and accomplishments of the subcontractors, including timely deliverables and milestones.

1.6 AWARDS

It is anticipated that one or multiple subcontract(s) will be awarded as a result of this RFP. Proposals must include a detailed cost proposal in accordance with the requirements of Section 3.4 of this RFP.

1.7 SWK TERMS AND CONDITIONS

By submitting a proposal, the Respondent is accepting SWK Terms and Conditions (https://southwestkey.org/procurement/). Any Respondent not accepting the SWK Terms and Conditions will be deemed non-responsive and not meeting the requirements of the RFP.

Appendix II to 45 CFR 75 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards shall also apply to this RFP. See Title 45 Part 75 Appendix II Code of Federal Regulations.

Respondent will also be required to adhere to all necessary Office of Refugee Resettlement (ORR) policies. Please see the ORR's Unaccompanied Children Program Policy Guide.

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL

REQUIREMENTS

2.1 NOTICE OF INTENT TO SUBMIT

Respondent is encouraged to submit a written letter of intent via email to Bonfire SWK if they intend to submit a proposal in response to this RFP. See Attachment B.

2.2 SUBMISSION OF QUESTIONS

Respondent questions shall be submitted to:

Bonfire SWK

2.3 PROPOSAL SUBMISSION, DATE, AND TIME

WITHOUT EXCEPTION – PROPOSALS MUST BE RECEIVED ON OR BEFORE:

TUESDAY, SEPTEMBER 12TH AT 5:00 PM CST

Proposals must reference the RFP number and be submitted to Bonfire SWK by the Respondent’s point of contact. PROPOSALS RECEIVED AFTER THE DUE DATE WILL NOT BE CONSIDERED.

2.4 KEY DATES

DATE EVENT

8/30/2023 Publication of Request for Proposal

9/4/2023 Optional Notice of Intent to Submit a Proposal 9/6/2023 Submission of Written Questions 9/8/2023 SWK Written Response to Questions 9/13/2023 Respondent Proposal Submission September 2023 Proposal Evaluation, Oral Presentations (if required), and

Negotiations (if required) September-October 2023 Anticipated Award Date Oct/Nov 2023 – Oct/Nov 2024 Anticipated Period of Performance

2.5 STANDARD PROPOSAL REQUIREMENTS

A. Proposals that address only part of the requirements contained in this RFP may be considered non-responsive.

B. SWK Programs reserves the right to:

a. reject any and all proposals.

b. negotiate portions thereof including the submitted cost proposals/budget.

c. select the proposal based on the best value to the company. The Respondent shall furnish additional information that the evaluation team may require in order to complete the evaluation of the proposals submitted. Failure to provide the requested material or information may disqualify the proposal.

d. cancel or re-issue the RFP at any time.

e. request and record and/or videotape all Webinars, Web demos, conference calls, demos or other communications relative to this RFP.

C. The Respondent must work with SWK staff to clarify the design of the materials, project design, project activities, and/or other products, and modify these items if necessary.

D. Proposals must be valid until the RFP has closed or been awarded.

E. Proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing. Proposals cannot be changed or withdrawn after the time designated for receipt.

2.6 NON-DISCLOSURE AGREEMENTS

Respondent shall sign a non-disclosure agreement upon award and execution of a subcontract. All information and data furnished to the Respondent during the solicitation process shall be treated as confidential to SWK. Any oral or written disclosure to unauthorized individuals is prohibited and can be grounds for proposal dismissal and termination of any subcontract awarded.

2.7 PROPOSAL PREPARATION COSTS

All costs associated with the preparation, submission, and any other -related activities before award of a subcontract resulting from there are the sole responsibility of the Respondent.

2.8 DISCLOSURE OF PROPOSAL CONTENT

Respondent may protect trade secrets and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

2.9 VENDORS CONFERENCE

Respondent may protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked. Such information must be in boldface type and include the words “confidential” or “trade secret” at top of the page.

SWK, at its sole discretion, may elect to host a vendor conference in relation to this RFP. A vendor conference is designed to complete the following objectives:

Review the formal solicitation and specific requirements with vendors

Allow vendors to ask clarifying questions on the formal solicitation

Respondents are encouraged to notify the Sole Point of Contact and Communications listed below, regarding participation in the conference. People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact listed below at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by SWK.

SWK may host a vendor conference for this RFP. SWK also reserves the right to invite vendors to showcase their products during the solicitation process.

Sole Point of Contact and Communications: Bonfire SWK

2.10 CONFLICT OF INTERESTS

A Respondent will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the subcontract. For this reason, Respondent’s response to this RFP must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal from Respondent and its proposed subcontractors, possible selection as successful Respondent, or its performance of the subcontract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this RFP. These connections must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to SWK Programs under the subcontract.

Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a proposal, possible selection as successful Respondent, or its performance of the subcontract, to create an issue for the company’s consideration relative to a potential appearance of impropriety or conflict of interest.

By submitting a response, Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the subcontract. If the circumstances certified by the Respondent change or additional information is obtained after submission of proposals, Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation. Report conflicts of interest to:

SWK VP of Compliance and Ethics dberndt@swkey.org

508-725-6151

3 PROPOSAL FORMAT AND CONTENT

3.1 PROPOSAL FORMAT AND CONTENT

Proposals must be submitted in electronic format (i.e., Word, PDF) and include the sections referenced in this Section 3. A transmittal letter must accompany the proposal and include the following details:

a) Respondent’s commitment to performing the implementation of the work within the project schedule.

b) Brief executive summary of the proposal contents.

c) A statement that the signatory of the transmittal letter has the authority to bind the Respondent.

Include name, title, and contact information.

3.1.1 Proposal Cover Page

Proposals should include a cover page which clearly states the name of the firm or organization, business address, and the name, position, and telephone number of the Respondent’s Proposal Administrator who may be contacted regarding the proposal. See Attachment C.

3.1.2 Table of Contents

Present a clear and comprehensive identification of your proposal's contents by section and page number.

3.1.3 Response Checklist

This checklist is to assist Respondent in ensuring that all information is included in their response.

Respondent must refer to the appropriate section of the RFP for detailed information on the following:

Notice of Intent to Submit a Proposal Attachment B Transmittal Letter Section 3.1 RFP Cover Page Section 3.1.1 / Attachment C Table of Contents Section 3.1.2

Requirements Plan Section 3.2 Timelines Section 3.3 Cost Proposal Section 3.4 Respondent’s Profile and Financial Responsibility Section 3.5 / Attachment D & E Current Certificate of Insurance and Completed W-9 Attachment D Additional Terms and Conditions Attachment H Evidence of Historical Underutilized Business, if applicable Section 4.2 Unique Entity ID and Tax ID number. Section 3.5

3.2 REQUIREMENTS PLAN

The proposal shall describe how the Respondent will plan to meet the Scope of Work detailed in Section

1.3.4 and provide enough information to adequately evaluate the proposal as detailed in Section 4.2 Selection Criteria. It is recommended that the requirements plan maintain the same outline or order as the scope of work when providing detail on the supply and delivery of dairy products.

3.3 TIMELINES

The Respondent must plan for a supply start date of no earlier than December 2023 and an ending date of December 2024 if selected as the contractor. The Respondent must submit a task/activity plan specifying, to the degree possible, the tasks and activities which are to be undertaken. Timelines showing beginning and ending dates for each major task are to be included, as well as the name(s) of person(s) responsible for each task. Activities must be sufficiently designed and outlined in the task/activity plan to provide evidence of satisfactory delivery of products. Time frames must be logical and appropriate to complete all activities within the beginning and ending dates of the subcontract. Failure to meet this condition shall result in disqualification of the proposal, and the proposal shall receive no further consideration.]

3.4 PRICING REQUIREMENTS

The Respondent must submit a cost/price proposal detailing costs necessary to accomplish the project objectives and activities outlined in a task/activity plan. The cost/price proposal detail must be submitted in Excel or Excel-compatible format. Respondent should carefully consider the costs conveyed and prices offered as changes may not be allowed during negotiations.

Southwest Key Programs (SWK) strongly recommends that Respondents structure their cost proposals based on a fixed fee. SWK will not make an award with respect to any proposal structured as “cost-plus-percentage of cost.” Other pricing approaches may be considered. Respondents are encouraged to use their proposal to educate SWK on other possible pricing arrangements/structures.

Products and estimated quantities provided in this Request for Proposal are standard items Southwest Key programs orders weekly. The Respondent and SWK shall mutually agree upon products not listed in Attachment upon execution of the contract. Southwest Key shall not be charged additional fees on any invoice during the length of the contract (I.e., Fuel surcharges, number of stops, etc.). All products shall be delivered FOB: Destination.

Respondents should submit the cost/price proposal as a product price in US Dollars (USD). The cost/price proposal must also detail shipping and delivery fees. Please see the example below for how to format the cost/price proposal.

Brand Label

Descripti on

UPC Code Unit Cost (EA) Box Price (BX) Case Price

(CS)

Total Price

Oak Farms

Gallon -

OAK

FARMS

WHOLE

4127100359

$0.00 $0.00 $0.00 $0.00

3.5 RESPONDENT’S PROFILE AND FINANCIAL RESPONSIBILITY

Respondent must submit a company profile detailing the following:

a) Basic organizational information, such as the size of the organization, how long the organization has been in business, whether the organization is a public or private entity, etc.

b) Location of the organization’s offices.

c) The range of services provided.

d) List of similar customers.

Respondent must submit a summary of its qualifications (not to exceed three pages). The summary should include details about the Respondent’s expertise in the area of supply and delivery of commercial dairy products and related services from Primary Dairy Suppliers.

Respondent must submit at least three (3) references where the Respondent provided similar services (Attachment E).

Respondents are required to provide their organization’s Unique Entity ID and Tax ID number.

Respondent may be required to submit indicators of financial stability before award. Examples of requested documentation include:

Most recent audited financial statements or certified public accountant compiled financial report.

Articles of organization and/or documents of incorporation.

3.6 ADDITIONAL TERMS AND CONDITIONS

Respondents must provide any additional terms and conditions that it would like considered in addition to SWK’s General Terms and Conditions. Additional terms and conditions not provided with Respondent’s proposal submission will not be considered if Respondent should be awarded a contract under this RFP.

4 REVIEW OF PROPOSALS

4.1 REVIEW OF PROPOSALS

Review of proposals will begin as soon as practical after receipt. The evaluation team shall consist of SWK staff knowledgeable in the content area. The recommendations of the evaluation team will be assembled and presented to senior executive staff who will:

1. Approve the proposal in whole or in part;

2. Disapprove the proposal; or

3. Defer action on the proposal for such reasons as a requirement for further evaluation.

SWK may not disclose any information until a subcontract is executed by both parties. Additional copies of proposals not selected for funding will be destroyed in accordance with an approved Records Retention Policy.

4.2 SELECTION CRITERIA

Proposals will be selected based on the ability of each Respondent to carry out all the requirements contained in this RFP. A Respondent who is in default or otherwise not in good standing under any other current or prior subcontract with SWK at the time of selection will not be eligible for award of this subcontract. SWK will base its selection on, among other considerations, demonstrated competence, qualifications of the Respondent, past performance, and proposed budget/cost. The following are the criteria and the total number of points for each portion of the RFP that will be applied in selecting a subcontractor.

SELECTION CRITERIA FOR SERVICES POSSIBLE

POINTS

A. Experience and Qualifications

1. Experience of the Respondent in managing the supply and delivery of comparable products described in this RFP (5 points).

2. Respondents have at least two positive references with a company of similar size?

Did the Respondent provide a thorough overall exemplary impression of their past performance in relation to the proposed project? If the vendor previously worked with SWK, was the quality of work produced above expectations? (10 points)

Source: Attachment D (Respondent Company Profile Form), Attachment E, (Respondent Reference Form)

B. Customer Service and Support

1. Did the Respondent describe a suitable process for the end user to easily navigate and order dairy products on a routine basis? (10 points)

2. The Respondent provided a sufficient response to correct the failure of adequate supply and delivery of the dairy products described (10 points).

3. The Respondent adequately details their personnel’s engagement with customer service capabilities, issue management, change management, dispute resolution, and standards of communication (10 points).

Source: Section 1.3.4 Scope of Work

C. Capacity and Delivery

1. Did the Respondent detail a defined process of maintaining stock inventory of core items available at each warehouse to meet and maintain the requirements listed in Section 1.3.4 Scope of Work? (15 points)

2. The Respondent clearly described all available resources and equipment within the company to deliver goods in the appropriate timeframe specified in this RFP (10 points).

Source: Section 1.3.4 Scope of Work

D. Cost Effectiveness and Appropriateness of Financial Resources Dedicated to Project:

1.Costs are appropriately aligned with primary program objectives (15 points).

2. Costs associated with specific activities and tasks are reasonable for the work proposed (5 points).

Source: Section 3.4 Cost Proposal

E. Historical Underutilized Business:

1. Respondents who are classified as an underutilized business or use an underutilized business as a subcontractor and provide evidence of the certification (10 points).

Source: Section 4.4 Encouraged Participants

Total 100

4.3 DISCRIMINATION

No person shall, on the grounds of race, color, national origin, sex, age, disability, religion, citizenship status, genetic information, sexual orientation, gender identity, or any other protected class, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any SWK program or activity.

4.4 ENCOURAGED PARTICIPANTS

It is the policy of SWK that the following business enterprises have the maximum opportunity to participate in the purchasing and contracting process: (1) Small Businesses, (2) Women-Owned Businesses, (3) Minority-Owned Businesses, (4) Labor Surplus Area firms and (5) Veteran-Owned Businesses.

Accordingly, SWK encourages all the aforementioned business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, SWK encourages all companies to sub-contract portions of any SWK subcontract to the aforementioned business enterprises.

4.5 BEST AND FINAL OFFER

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, SWK may request a best and final offer (“BAFO”) from Respondent(s). SWK will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of their proposal. A Respondent may elect not to amend their original proposal. SWK is not bound to accept the best-priced proposal if that proposal is not the most advantageous to SWK as determined by the evaluation team.

5 CONTRACTUAL REQUIREMENTS

5.1 RESPONDENT’S PROPOSAL

Portions of the selected proposal(s) may be incorporated into the subcontract prepared by SWK for signature by the contracting parties.

5.2 MATERIAL & PRODUCT REQUIREMENTS

SWK reserves the right to review any materials, and/or products developed or adapted by the Subcontractor. Upon completion of the subcontract period, all documents will be returned to SWK or destroyed accordingly. All documents created at any time during the subcontract period belong to SWK. A designated SWK staff (i.e., project manager) will establish procedures for communicating phase out and transition of the deliverable(s).

5.3 VENDOR PERFORMANCE

SWK reserves the right to monitor vendor performance including, but not limited to, billing reviews, desk reviews, monitoring visits, vendor questionnaires, and requesting documents or information to validate performance.

5.4 PAYMENT

Payment terms are Net 30. Payment is only by reimbursement upon satisfactory performance of services or receipt of items. Payment is contingent upon submission of properly prepared and certified invoices.

The information provided on each detailed status report must coincide with the tasks outlined in the approved budget, as negotiated by SWK.

5.5 VENDOR REGISTRATION IN ORACLE

Oracle serves as the primary procurement system for SWK, including vendor management. The successful Respondent will be required to register in Oracle.

Registration instructions are available at Supplier Registration Instructions on our YouTube channel.

Vendors can register using the Supplier Portal link Supplier Registration. Once logged into Oracle, vendors can add the required vendor information, upload the requested documents, and complete the vendor questionnaire located in the Supplier Portal.

6 APPENDIX

ATTACHMENT A – SWK GENERAL TERMS AND CONDITIONS

ATTACHMENT B – NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT C – COVER PAGE SUGGESTED FORMAT FOR PROPOSAL

ATTACHMENT D – RESPONDENT COMPANY PROFILE FORM

ATTACHMENT E – RESPONDENT REFERENCES FORM

ATTACHMENT F – ADDITIONAL CONTRACT PROVISIONS

ATTACHMENT G – PRODUCT SPECIFICATION LIST, PRICING SHEET, AND TEXAS PROGRAM

HISTORICAL USAGE INFORMATION

ATTACHMENT H – SOUTHWEST KEY PROGRAMS – PROGRAM BED COUNT

ATTACHMENT I – SWK ORDERING INSTRUCTIONS

ATTACHMENT J – SWK SHIPPING AND HANDLING INSTRUCTIONS

ATTACHMENT K – SWK PROGRAM LOCATIONS

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GENERAL TERMS AND CONDITIONS FOR CONTRACTS UNDER

FEDERALLY FUNDED OR ASSISTED PROJECTS

The following terms and conditions apply as if set forth in full to work partially or fully funded with federal grants or funds, as applicable.

1) Notes:

a. "Contract" means this Contract.

b. "Contractor" means the party opposite Southwest Key Program ("Recipient") executing this Contract (i.e., the prime contractor to the Recipient).

c. "Prime Contract" means the Federal Financial Assistance Agreement between Recipient and the Federal awarding agency.

d. "Subcontract" means any contract placed by Contractor with any third party in performance of this Contract.

e. "Subcontractor" means any third party the Contractor enters into a Subcontract with.

2) Instructions:

a. With the exceptions of communication or notice regarding a violation of law or to comply with a general legal requirement, all other communication or notification required under the below referenced provisions from/to the Contractor to/from the Contracting Officer, Grants Officer (or any other government representative) shall be through the Recipient. All communication or notices regarding a violation of law shall be made directly to the cognizant federal authority, with a copy of such communication or notice to the Recipient.

b. Contractor shall flow down the below provisions to all Subcontractors as required by law and regulation and require all of its Subcontractors to similarly flow down such requirements.

3) Applicable to All Federally (or Potentially Federally) Funded Contracts and Subcontracts as Stipulated Below in Parenthesizes:

ATTACHMENT A

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a. Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

b. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All Contracts and Subcontracts in excess of $2,000 for construction or repair awarded by Contractor or Subcontractors shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Contractor or Subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Contractor or Subcontractor shall report all suspected or reported violations to Recipient and the Federal awarding agency.

c. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the Recipient, the Contractor or the Subcontractors of more than $2,000 shall comply with the Davis- Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, the Contractor and Subcontractor shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor and Subcontractors shall be required to pay wages not less than once a week. Recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The Contractor and Subcontractors shall report all suspected or reported violations to Recipient and the Federal awarding agency.

d. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, the Contract and Subcontracts in excess of $100,000 that involve the

3 5/17/2023 employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). The Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11⁄2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

e. Rights to Inventions Made Under a Contract or Agreement - If the Contract or Subcontracts are for the performance of experimental, developmental or research work, the agreement provides for the rights of the Federal Government and the Recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

f. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - The Contract and Subcontracts in excess of $150,000 shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Recipient and the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

g. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - The Contractor and Subcontractors who apply or bid for an award of $100,000, upon acceptance of the contract certify their compliance with the Byrd Anti-Lobbying Amendment. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to Recipient.

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h. Debarment and Suspension (E.O.s 12549 and 12689) - A contract award (see 2 CFR § 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (“SAM”), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

The Contractor, by executing this Contract, certifies that it is not presently suspended, debarred, proposed for debarment or otherwise excluded by the federal government, and that should the Contractor become suspended, debarred, proposed for debarment or otherwise excluded by the federal government, the Contractor shall immediately notify Recipient. The Excluded Parties List System has been consolidated within the System for Award Management at https://www.sam.gov/portal/public/SAM/.

i. Procurement of recovered materials - Recipient and its contractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

j. Prohibition on certain telecommunication and video surveillance services or equipment - Recipient and its contractors shall comply with Section 889 of the National Defense Authorization Act of 2019. The requirements of Section 889 include a prohibition on the procurement or use of certain telecommunications and video surveillance services or equipment. Recipient and its Contractors are prohibited from obligating or expending federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies

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Recipient or ZTE Corporation (or any subsidiary or affiliate of such entities).

Covered video surveillance equipment is video surveillance equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Recipient, or Dahua Technology Recipient (or any subsidiary or affiliate of such entities).

k. Domestic preferences for procurements - Recipient and its contractors shall comply with 2 CFR 200.322. The requirements of Part 200.322 include providing a preference, to the greatest extent practicable, for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). As described in 2 CFR 200.322, ‘‘Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Additionally, ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

l. Prohibition on abortion related activities - The Contractor agrees that none of the funds provided by this Contract shall be used to lobby for or against abortion. The Contractor agrees that none of the funds provided by this Contract shall be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.

m. Religious persecution - The Contractor must ensure that its personnel take into account in their work the considerations reflected in the International Religious Freedom Act concerning country-specific conditions, the right to freedom of religion, methods of religious persecution practiced in foreign countries, and applicable distinctions within a country between the nature of and treatment of various religious practices and believers.

n. Blocking property and prohibiting transactions who commit, threaten to commit or support terrorism, executive order 13224 - Contractor is aware of Executive Order 13224 and the names of the individuals and entities designated thereunder. A list of these names can be found in the exclusions section of the SAM.gov. The web site is: http://www.sam.gov. Contractor knows that U.S. Executive Order and U.S. laws prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility

6 5/17/2023 of the non-Federal entity/contractor to ensure compliance with these Executive Orders and laws.

o. Trafficking in persons -

A. Contractor and Contractor employees, under this Contract, may not:

1. Engage in any forms of trafficking in persons during the period of time that this Contract is in effect;

2. Procure a commercial sex act during the period of…