Event_18564_RFP_Attachments.pdf

Rev. April 2025

ATTACHMENT A: RESPONDER DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

Responders must download and use the Exhibit D Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with your solicitation response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use Price Schedule may be cause for rejection of the response.

Responders must complete the Exhibit D Price Schedule tab for all Minnesota counties in which they are proposing to provide services. Pricing is divided into three categories: Dry Units, Refrigerated Units, and Frozen Units. Pricing MUST be submitted for all product categories for the County or the response for that county will be rejected.

For any County listed in Exhibit D: Price Schedule for which the Responder is not submitting an offer, the Responder must enter No Response or "N/R" in the applicable line items. For the purposes of evaluation, if a Responder leaves blank or enters "No Bid" into a line item, the State may enter the highest price received from all responders for that line item.

Pricing entered under "Per Site Delivery Charge" shall include all fuel costs and any other costs associated with the delivery of ordered cases to sponsor sites within the specified county. Responders should review, but not limit their pricing considerations to the following fuel cost factors: the number of sponsors per county, mileage per county and distance from storage. No additional charges are permitted. .

Additional information is provided on separate tabs of the spreadsheet, including geographic zones, entitlements, estimated case quantities by county, sponsors, and sponsor site locations. This information is provided for informational purposes only to assist Responders in preparing their bids. All quantities and other data are estimates and should not be construed as guarantees or commitments.

The State reserves the right to award to one or multiple vendors; whichever is in the best interest of the State.

2. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

ATTACHMENT D: RESPONDER FORMS Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Email Address

Telephone Number

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

3. Delivery Time Frame. Responder must enter a delivery time frame after receipt of order (ARO) in the space below.

_____ Calendar Days ARO

4. Our company is licensed to do business in the State of Minnesota.

☐ YES ☐ NO

Our Company has been in business for at least three (3) consecutive years performing similar services.

☐ YES ☐ NO

Our Distribution Center meets all the federal guidance and requirements for receipt, storage and release and distribution of frozen, refrigerated, and dry foods as specified in Sample Contract, Exhibit C, Supplement 1: U.S.

Department of Agriculture Food and Nutrition Service Instructions, No. 709-5.

☐ YES ☐ NO

Our company is capable of successfully fulfilling all aspects pertaining to USDA Donated Foods inbound shipments, storage, outbound shipments, and reporting requirements as requested in Sample Contract and Exhibits, Exhibit C:

Specifications, Duties and Scope of Work.

☐ YES ☐ NO

Our company can provide warehouse storage, distribution services, material handling equipment, computer hardware and software, internet connectivity, and the labor necessary to receive, store, and track USDA foods.

☐ YES ☐ NO

Our Company maintains, or has access to, at least one dual-temperature truck within our fleet that supports transportation of USDA foods.

☐ YES ☐ NO

Our warehouse is temperature controlled and meets the USDA warehousing and distribution requirements as specified in Sample Contract, Exhibit C, Section 7, Warehouse Specifications, and Section 8, Distribution of USDA Donated Foods.

☐ YES ☐ NO

Our company can provide all components of customer service related to all aspects of shipment, deliveries, order processing, conflict resolution, and reporting as outlined in the Solicitation.

☐ YES ☐ NO

If the Responder intends to subcontract all or any portion of the Contract, as permitted under Section 12, Subcontracting and Subcontract Payment, of Exhibit A: Contract Terms, the Responder shall complete the table below for each proposed Subcontractor. The table shall include the Subcontractor’s name and business address, contact information, description of the services to be subcontracted, and the estimated percentage (%) of the Contract to be performed by the Subcontractor.

Subcontractor Company Name

Subcontractor Business Address

Subcontractor Contact Name, Email, and Phone Number

Subcontracted Services

Estimated % of contract to be Subcontracted

The Responder shall also attach a statement from each proposed Subcontractor, signed by an individual authorized to legally bind the Subcontractor, confirming:

• The general scope of the work to be performed by the Subcontractor; and

• The Subcontractor’s willingness and commitment to perform the work described.

In the event of an award, our company agrees to provide services throughout the geographic areas identified in the Exhibit D: Price Schedule – Zones & Usage tab and to provide complete coverage for all counties within each designated zone, as indicated below:

ZONE

Northwest ☐ Yes ☐ No Northeast ☐ Yes ☐ No

Central ☐ Yes ☐ No West Central ☐ Yes ☐ No

Metro ☐ Yes ☐ No Southwest ☐ Yes ☐ No Southeast ☐ Yes ☐ No

COMPANY NAME: ___________________________________________________________________________________

NAME OF INDIVIDUAL COMPLETING THIS FORM: _________________________________________________________

☐ I understand that if I answer “No” to any of the above requirements (Items 4-11), my response may be rejected.

ATTACHMENT F: CONTRACTOR’S NARRATIVE

Responders shall provide a detailed description of their ability to meet all requirements of this RFP, including comprehensive responses to the questions and required capabilities identified in the RFP and Attachment F.

Answers to the questions should be straightforward and concise and provide “layman” explanations of technical terms that are used. Emphasis should be focused on responding to the RFP capabilities, on providing a complete and clear description of how the responder meets the capability described in Exhibit C: Specifications, Duties, and Scope of Work of the Sample Contract and Exhibits document. If a complete response cannot be provided without referencing supporting documentation, the Responder must provide such documentation with their response indicating where the supplemental information can be found.

Responses are to be prepared and presented in the same sequential order as the questions are presented in this document. The responses must be presented in a format that corresponds to, and references, the sections contained in the Solicitation. Responders should submit their answers on a separate document titled: Attachment F with the Responder’s Company name.

Contractor’s Experience and Capabilities

1. Location. Provide a written description of the warehouse location(s), including the name, address, square footage, and number of years in operation for each location.

2. Experience. Provide information regarding your experience providing services similar in scope and volume to those requested in this RFP. The response should include:

• Previous experience and expertise in providing a minimum of two (2) projects completed within the past five (5) years that are similar in size and complexity to the services requested in this RFP.

• The projects must be similar in size, scope, and nature. The response should clearly describe the similarities between the previous projects and the services requested in this RFP.

• For each project, provide the company name, contact person, email address, phone number, address, and project start and end dates.

3. Contractual Agreements. List any other contractual agreements the Respondent holds with any Public or Private Schools, Tribal Councils, Education Service Centers, or third-party organization assisting Minnesota Schools in the procurement of food products. Describe any current problems or issues related to any of these accounts.

4. History and Structure. Briefly describe the history of your Company and the ownership structure.

5. Staff Qualification. Describe staff qualifications for servicing this Contract by including the specific qualifications, training, and experience of the key people that will be dedicated to providing Contract Services as requested in the Sample Contract, Exhibit C: Specifications, Duties, and Scope of Work, Section 3.10: Customer Service.

6. Warehouse Staff in Numbers. Provide an estimate of the annual number of employees and employee turnover, by department, allocated to operate the warehouse. Include the following departments:

• Customer service

• Logistics

• Freight Services

• Warehousing

• Management

7. Shift Rotation. Describe the daily shift rotations in the warehouse.

8. Employee Training. Describe the training process for new employees, specifically pickers and packers.

Warehouse Operations

9. Facility or Equipment Failure Back-Up Plan. What backup do you have in the event of a facility or equipment failure, and what is your disaster recovery plan? What would your estimated downtime(s) be?

10. Emergency Procedures. What are your emergency procedures in case of power failure?

11. Warehouse Capacity. Describe your warehouse capacity for storing dry, refrigerated, and frozen foods, to include the case and pallet number capabilities for each category. Describe how you will meet the space requirements for the case volume quantities detailed in Exhibit D: Zones & Usage.

12. Temperature. What steps will be taken to ensure proper temperatures are maintained for freezer, cooler, and dry products as required in Exhibit C, Section 7.2 Storage Requirements?

13. Shipment Inspections. Describe your procedures for inspecting incoming shipments and explain how you will meet the requirements specified in Exhibit C, Section 4.3 Incoming Shipments and specifically in Exhibit C, Supplement 1, USDA FNS Instruction, Section IX Inspecting the Shipment.

14. Unloading. Describe your procedures for unloading shipments and describe how you will comply with Exhibit C, Section 4.3 Incoming Shipments and Section 4.6 Receiving and Unloading.

15. Disposition. Describe the process for handling the disposition and replacement of out-of-condition USDA foods.

Include the protocol for identifying, documenting, segregating, and disposing of damaged inventory discovered in the warehouse. Also describe how the Responder will meet the State’s requirements specified in Exhibit C, Section 7.8, Disposal of Damaged or Out-of-Condition Foods.

16. Product Pick Accuracy. Describe in detail the system(s), processes, and controls the Responder has in place to ensure that the correct products are accurately picked, verified, and loaded onto the appropriate truck in the correct quantities.

17. Inventory Counts How often are physical inventory counts performed? Describe the inventory process and address the Inventory Count Requirements described in Exhibit C, Section 9.2 Inventory Counts, Physical Inventories, Inspections, and Audits.

Delivery

18. Arranging for Shipment. Describe your procedures for arranging for shipment to the approved USDA foods sponsors and delivery and address how you will meet the USDA requirements specified in U.S. Department of Agriculture Food and Nutrition Service Instruction, No. 709-5, Section VIII Arranging for Shipment and Delivery.

19. Fleet. Explain how you will acquire and/or maintain a proper fleet to service the needs of the state as defined in Exhibit C, Section 8 Distribution of USDA Donated Foods. Describe the size of the fleet you plan to allocate to the service of this Contract.

20. Temperature. Describe how your company will ensure the food loaded for delivery will be maintained at proper temperatures, as required in Exhibit C, Section 8.2 Temperature Control Requirements.