Event 60 Dietary Consultant Adminstrative Document .docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR THE

Idaho Division of Veteran Services

REQUEST FOR PROPOSAL

Dietary Consulting – Idaho Division of Veteran Services Event 60

TABLE OF CONTENTS

RFP ADMINISTRATIVE INFORMATION

RFP Title:

Dietary Consultant

RFP Project Description:

Dietary Consulting Service for Idaho Division of Veterans Services Homes (Boise, Pocatello, Lewiston, Post Falls)

RFP Lead:

Thayne Pearson, Purchasing Officer Idaho Division of Purchasing 650 W. State St. Room 100 Thayne.pearson@adm.idaho.gov 208-332-1605

Submit electronically via IPRO:

Electronic Submission:

IPRO IOGIN

Pre-Proposal Conference Date/Time:

Pre-Proposal Conference Location:

Thursday August 17, 2:00pm Mountain Time

Virtual via Microsoft Teams

Deadline to Receive Questions:

August 25, 2023, 11:59:59 p.m. Mountain Time

RFP Closing Date:

See IPRO Header Document

Public Opening Date:

10:30 a.m. Mountain Time, the following business day after closing

Initial Term of Contract and Renewals:

One (1) year. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is five (5) years.

THE ADMINISTRATIVE FEE DETAILED IN PARAGRAPH 5 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL NOT APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

OVERVIEW

1.1. Purpose

The Division of Purchasing (DOP), on behalf of the Idaho Division of Veterans Services ("IDVS"), is seeking to solicit proposals from interested offerors to provide comprehensive Dietary Consulting Services, at all four (4) Idaho State Veterans Homes. Purchasing and the Division of Veterans Services are referred to collectively as the "State" in this RFP.

1.2. Background Information

The locations of the homes listed below are long-term care nursing facilities licensed by the State of Idaho, Department of Health and Welfare, Bureau of Facilities Standards. All four (4) homes provide long term nursing care to Idaho Veterans and their spouses. The Boise Home currently has a one hundred and twenty-two (122) bed capacity. The Lewiston and Pocatello homes each have a sixty-six (66) bed capacity and the Post Falls home has a sixty-four (64) bed capacity.

1. Idaho State Veterans Home Boise (ISVH-B) - 320 N. Collins Rd., Boise, ID 83702

2. Idaho State Veterans Home Lewiston (ISVH-L) – 821 21st Ave, Lewiston, ID 83501

3. Idaho State Veterans Home Pocatello (ISVH-P) – 1957 Alvin Ricken Dr., Pocatello, ID 83201

4. Idaho State Veterans Home Post Falls (ISVH-PF) – 590 S. Pleasant View Rd., Post Falls, ID 83854

1.3. Resulting Contract

If the State awards a contract from this Solicitation, it will do so by issuing a Contract Purchase Order (CPO) document from the State’s eProcurement system, IPRO, which will be an acceptance of the successful offer. The Contract will be comprised of that contract document; this RFP, including any incorporated documents; the successful Proposal, including any clarifications requested by the state of Idaho (State); and an artifact formalizing any requirements agreed upon through contract discussions or negotiations, if applicable.

The following documents are incorporated into this RFP as if set out in their entirety, whether or not they are attached in IPRO:

· Solicitation Instructions for Vendor

· Standard Contract Terms and Conditions

· Special Terms and Conditions

If not attached in IPRO, the documents may be found on the “Information for Vendors” page of DOP’s website, www.purchasing.idaho.gov. If multiple versions of any of these documents are available on the website, the version in effect on the day the RFP was issued shall apply.

2.

QUESTIONS

2.1. Restrictions on Communications

From the issue date of this RFP, until a contract is awarded, or the RFP is cancelled, vendors are prohibited from communications regarding this RFP with the IDVS staff, evaluation committee members, or other associated individuals, except the Division of Purchasing.

2.2. Pre-Proposal Conference

A non-mandatory pre-proposal conference will be held at the location and time as indicated in Section 1, page 1 of this RFP. This will be your opportunity to ask questions, in person, with the IDVS staff. All parties interested are invited to participate either by attending the conference or by an established call in number. Those choosing to participate must pre-register to receive phone conferencing and meeting details by submitting the completed Attachment 1 - Pre-Proposal Conference Registration Form via email to the RFP Lead. Parties interested are asked to register by August 16, 2023. Any oral answers given by the State during the pre-proposal conference are unofficial and will not be binding on the State. Conference attendance is at the participant’s own expense.

2.3. Questions

2.3.1. This solicitation is issued via the State’s e-Procurement system, IPRO (https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateofIdaho. The RFP Lead is the only contact for this Solicitation. All correspondence must be in writing. In the event that it becomes necessary to revise any part of this RFP, amendments will be posted at IPRO. It is the responsibility of parties interested in this RFP to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this RFP must not be relied upon. All changes to this RFP will be in writing and must be posted to IPRO to be valid.

2.3.2. Questions or other correspondence must be submitted in writing to the RFP Lead (see contact information in the RFP Administrative Information, page 1). QUESTIONS MUST BE RECEIVED BY P.M. MOUNTAIN TIME ON THE DATE LISTED IN THE RFP ADMINISTRATIVE INFORMATION.

2.3.3. Written questions must be submitted using Attachment 2 - Offeror Questions. Official answers to all written questions will be posted on IPRO as an amendment to this RFP.

2.4. Vendor Proposed Modifications and Exceptions to Requirements, Terms, and Conditions

2.4.1. Vendors must submit any proposed modifications to the requirements, terms, or conditions of the RFP on Attachment 2 - Offeror Questions prior to the deadline to submit questions. Questions regarding these requirements must contain the following:

· The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

· Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

· Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

2.4.2. In the event that a Proposal contains modifications or exceptions to any Solicitation requirements, terms, or conditions which are not addressed during the question and answer period, they must be identified and submitted on Attachment 3 - Modification and Exception Form and must contain the same information outlined in Section 2.3.1, above. The State will not consider any modifications or exceptions that are not identified specifically on Attachment 3.

2.4.3. The State has sole discretion to determine if the modifications or exceptions submitted by an Offeror would result in a material change or otherwise threaten the integrity of the procurement process. See Appendix A - Idaho Terms and Conditions Background and Limitations. Pursuant to IDAPA 38.05.01.084.e, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated. In the event that the Offeror has conditioned its Proposal on the State’s acceptance or negotiation of its proposed modifications or exceptions, and the modifications or exceptions are deemed material, the Offeror will be given the opportunity to retract the proposed modifications or exceptions from its Proposal. Failure to do so will result in the Offeror’s Proposal being found non-responsive, after which it will receive no further consideration.

2.4.4. Non-material modifications or exceptions may be discussed with the apparent successful Offeror, at the discretion of the State; however, the State shall have the right to reject any and all such modifications and/or exceptions, or to call an end to such discussions, and to instruct the Offeror to amend its Proposal and remove the modifications and/or exceptions. Failure to do so may result in the State finding the Proposal non-responsive.

2.4.5. Except as otherwise provided within the Solicitation, the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the RFP Closing Date

INSTRUCTIONS FOR SUBMISSION OF PROPOSAL

3.

3.1. General Instructions

3.1.1. Proposals must be submitted electronically, as detailed below. Except as otherwise addressed in this solicitation, all submission materials must be submitted at the same time. If multiple submissions are received, only the latest timely submission will be considered.

3.1.2. Alternate proposals are not allowed.

3.1.3. All electronic files must be in Microsoft Word or Excel format; the only exception is for financials, brochures or other information only available in an alternate format.

3.1.4. It is mandatory to submit your Proposal electronically via IPRO- Powered by Luma, all Offerors participating in this Solicitation must establish an account in the IPRO – Powered by Luma system, as it is necessary in order to process and/or award the resulting Contract(s). Establishing an account is free and only takes a few minutes.

3.2. Trade Secrets

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Offerors must also:

3.2.1. Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

3.2.2. Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Proposal; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Public Records Law.

3.2.3. Submit a redacted copy of the Proposal with all trade secret information removed or blacked out. The redacted copy must be submitted electronically, with the word “redacted” in the file name, whether the Proposal is submitted manually or electronically.

3.3. Electronic Submission

3.3.1. Electronically submitted Proposals must be submitted through IPRO, at https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=StateofIdaho. When submitting through IPRO, enter your Cost in IPRO as “$0,” and UPLOAD YOUR TECHNICAL PROPOSAL, SEPARATE COST PROPOSAL, AND ALL OTHER REQUIRED SUBMITTAL ITEMS. Remember to submit an additional redacted version of the proposal if you have identified trade secrets.

3.3.2. Vendors are strongly encouraged to begin the process of submitting the response far enough in advance of the End Time to allow for resolution of technical difficulties. Be advised that the state is not responsible for a Vendor’s failure to timely submit a responsive submission due to any technical or technological difficulties. See IDAPA 38.05.01.61.02.

3.3.3. Submitting via IPRO, be advised that the Offeror for Proposal evaluation and award purposes is the entity profile under which the Proposal is submitted in IPRO, which must be the same legal entity presented in the uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Proposal in IPRO, the information provided on the Signature Page prevails.

3.3.4. Offerors are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows evaluators to efficiently navigate the Offeror’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

PROPOSAL FORMAT

1.

2.

3.

4.

These instructions describe the format to be used when submitting a Proposal. The format is designed to ensure a complete submission of information necessary for an equitable analysis and evaluation of submitted Proposals. There is no intent to limit the content of Proposals.

4.1. Table of Contents

Include a table of contents in the Technical Proposal identifying the contents of each section, including page numbers of major Sections.

4.2. Format

Proposals shall follow the numerical order of this RFP beginning with Section 6 and continuing through the end of the applicable RFP Attachments, including all mandatory submission items detailed in Section 6 and identified throughout the RFP. Proposal sections and subsections must be identified with the corresponding numbers and headings used in this RFP. In your response, restate the RFP section and/or Section, followed with your response.

Offerors are encouraged to use a different color font, bold text, italics, or other indicator to clearly distinguish the RFP section from the Offeror’s response. Except for brochures, financials, work samples, or other similar submission items, all electronic Proposals must be submitted in Microsoft Word or Excel, and must not be locked. Offerors are strongly cautioned against including website links or imbedded documents in the Proposal; the State will not be responsible for the RFP Lead or any evaluator’s failure to consider information outside of or imbedded in the Proposal.

4.3. Evaluation Codes

(M) Mandatory Response - failure to respond to any (M) section, or to comply with any mandatory specification or requirement, will render Offeror’s Proposal non-responsive and no further evaluation will occur.

(ME) Mandatory and Evaluated Response - failure to respond to any (ME) section, or to comply with any mandatory specification or requirement in an (ME) section, will render Offeror’s Proposal non-responsive and no further evaluation will occur. Offeror must respond to these sections as directed; points will be awarded based on predetermined criteria.

(E) Evaluated Response - a response is desired and will be evaluated. If Offeror cannot meet the requirement, or chooses not to respond for any reason, zero (0) points will be awarded for the section. If Offeror responds, points will be awarded based on predetermined criteria.

Note: Offerors are directed to IDAPA 38.05.01.074.03.a, as well as IDAPA 38.05.01.091.05, which allow the designated State official to waive minor informalities as well as minor deviations. The State also reserves the right to seek clarification on any (M), (ME), or (E) requirement.

PROPOSAL REVIEW, EVALUATION, AND AWARD

5.

5.1. Overview

The objective of the State in soliciting and evaluating Proposals is to ensure the selection of a firm or individual that will produce the best possible results for the funds expended

5.1.1. All Proposals will be reviewed first to ensure that they meet the Mandatory Submission Requirements of the RFP as addressed in Sections noted with an (M) or (ME). Any Proposal(s) not meeting the Mandatory Submission Requirements will be found non-responsive.

5.1.2. Evaluation Criteria

Technical Proposal:

1.

2.

3.

4.

5.

5.1.

5.2. Technical Proposal

5.2.1. The Technical Proposal will be reviewed first on a “pass” or “fail” basis to determine compliance with those requirements listed in the RFP with an (M) or (ME). All Proposals which are determined by the State, in its sole discretion, to be responsive in this regard will continue in the evaluation process outlined in this Section.

5.2.2. The Technical Proposal will be evaluated and scored utilizing one (1) or more Technical Proposal Evaluation Committee(s).

5.2.3. The scores for the Technical Proposal will be normalized as follows: The Technical Proposal with the highest raw technical score will receive all available Technical Points: 600 points. Other Proposals will be assigned a portion of the maximum available Technical Points, using the formula:

600 X raw score of technical Proposal being evaluated highest raw technical score.

5.3. Cost Proposal

5.3.1. The scores for the Cost Proposal will be normalized as follows: The cost evaluation will be based on lowest fully burdened total cost for Dietary Consulting Services. The Proposal with the lowest fully burdened total cost for Dietary Consulting Services proposed will receive all available Cost Points: 400 points. Other Proposals will be assigned a portion of the maximum available Cost Points using the formula:

400 X Lowest Fully Burdened Total Cost for Dietary Consulting Services Overall Dietary Consulting Services Total Cost being evaluated.

5.4. Interviews

5.4.1. Following evaluation of Technical Proposals, the State may, in its sole discretion, invite two (2) top scoring Offerors for interviews. The State reserves the right to invite as many Offerors as it deems appropriate, based on the Technical Proposal evaluation scores. The State also reserved the right to invite additional Offerors for interviews after the initial round, in its sole discretion.

5.4.2. Interviews will take place remotely via Microsoft Teams or another virtual meeting platform.

5.4.3. Interviews will not be scored separately. Following interviews, the Technical Proposal Evaluation Committee(s) will review the Technical Proposal evaluation scores for each Offeror and may adjust the Technical Proposal evaluation scores, as the committee(s) deem appropriate, based on the information provided during the interview.

5.5. Billing Procedures

IDVS will pay the Contractor as set forth in this Costs and Billing attachment for all work Contractor performs for IDVS under the Contract. Upon approval of an invoice, IDVS will make payment in accordance with Idaho Code Section 67-9218.

IDVS will not be liable to the Contractor for any expenses Contractor pays or incurs unless otherwise agreed to in writing by IDVS. Except as set forth in the Contract, the Contractor must supply, at its sole expense, all equipment, tools, materials or supplies to accomplish the service to be performed pursuant to the Contract.

IDVS, in its discretion, may require written documentation of invoice items as a condition of payment. If IDVS requests written documentation substantiating an invoiced item(s), the item(s) must be severed from the invoice until IDVS approves the item(s) and IDVS must not be liable for payment or subject to late fees prior to approval.

The Contractor must provide the following information with each invoice:

Invoices are to be submitted to the ordering IDVS Home:

5.6. Responsibility

Pursuant to IDAPA 38.05.01.081, the RFP Lead may, in the State’s sole discretion, require the apparent high point Offeror to provide documentation to demonstrate its responsibility. The RFP Lead may request documentation including, but not limited to: credit or financial reports, and references. Failure to provide requested documentation may result in the Offeror being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Offeror’s responsibility.

5.7. Award

Award of Contract will be made to the responsive, responsible Offeror whose Proposal receives the highest number of total normalized points by locations.

MANDATORY SUBMISSION REQUIREMENTS

The technical proposal begins with the mandatory items identified in this list and the following sections. NOTE: THIS CHECKLIST IS PROVIDED AS A COURTESY ONLY; OFFERORS ARE RESPONSIBLE FOR SUBMITTING ALL MANDATORY SECTIONS, ATTACHMENTS, SUBMITTAL ITEMS, ETC., REGARDLESS OF WHETHER THEY ARE IDENTIFIED IN THIS LIST.

☐ (M) Signature Page: All Proposals must be submitted with a state supplied Signature Page, attached separately in IPRO. For electronically submitted Proposals, submit a completed, scanned signature page. For manually submitted Proposals, the signature page must contain an ORIGINAL HANDWRITTEN signature executed in INK OR AN ELECTRONIC SIGNATURE and be returned with the relevant Solicitation documents. Your ORIGINAL Signature Page should be included at the FRONT of your ORIGINAL Technical Proposal

☐ (M) Cover Form: Complete, sign, and submit Attachment 4, Cover Form.

☐ (M) Acknowledgement of Amendments: If the RFP is amended, the Offeror must acknowledge each amendment with a signature on the acknowledgement form provided with each amendment. Failure to return a signed copy of each amendment acknowledgement form with the Proposal may result in the Proposal being found non-responsive. See IDAPA 38.05.01.52.

☐ Section 7: Provide response to all (M) and (ME) sections, and any other required submittal items.

☐ Section 8: Provide response to all (M) and (ME) sections, and any other required submittal items.

☐ Section 9: Provide response to all (M) and (ME) sections, and any other required submittal items.

☐ (ME) Cost Proposal: Provide your cost information on the form provided in Attachment 5, Cost Proposal. Submit the Cost Proposal in a separately uploaded file or separately sealed envelope.

☐ Redacted copy of Technical Proposal and list of Trade Secret redactions, as detailed in Section 3.2.

☐ Review the required types and levels of insurance—these are mandatory requirements. If you do not already have the required types and levels of insurance, you are strongly encouraged to contact your insurance representative to find out if you will be able to obtain the required insurance. (The Offeror should not purchase additional insurance in reliance of being awarded a contract). If you are awarded a Contract, failure to provide proof of the required insurance will be grounds for termination of the Contract.

BUSINESS INFORMATION

6.

7.

7.1. (ME) Experience Offer must have a minimum of five (5) years’ experience providing and successfully implementing Dietary Consulting Services.

Describe in detail your knowledge and experience in providing services similar to those required in this RFP.

7.2. (ME) Disclosure of Adverse Actions Offeror must disclose any current, pending and past adverse actions taken against the Offeror. This includes current or pending lawsuits and contracts terminated for cause. Offeror must describe the nature of the lawsuit or the reason the contract was terminated. An Offeror with current or pending lawsuits, or contracts terminated for cause may be found non-responsive. Failure to fully disclose information in your response to this section may result in your proposal being found non-responsive or may be grounds for Contract termination I the omission is discovered after Contract award.

If there are no adverse actions to report, Offeror must respond to this Section with a statement confirming no adverse actions.

7.3. (M) References Provide contact information for at least three (3) references. See Section 5.4.

7.4. (E) Customer Satisfaction Over the last ten (10) years, approximately what percentage of customers have chosen to remain with your company when given an option (e.g. exercising option renewals, extending agreements, selecting your company again upon re-solicitation, etc.)

ORGANIZATION AND STAFFING

Describe your qualifications to successfully complete the requirements of the RFP by providing a detailed response to the following:

8.

8.1. (ME) Key Personnel Provide a list of key management, customer service and other personnel to be used in fulfillment of this contract, to include all pertinent contact information.

8.2. (ME) Qualifications of Personnel Provide resumes for employees who will be managing and/or directly providing services under the contract. For positions that are not filled, a position description (including requisite qualifications/experience) must be provided.

8.3. (M) Subcontractors If you intend to utilize subcontractors, describe the extent to which they will be used to comply with Contract requirements. Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract. Include a description of how the Offeror will ensure that all subcontractors and their employees will meet all Scope of Work requirements. NOTE: The information provided for subcontractors, if any, will be evaluated as part of Section 8.2, Other Key Personnel and Qualifications.

Offeror must disclose the location of the subcontractor's business office and the location(s) of where the actual work will be performed.

If you do not intend to utilize subcontractor(s), provide a statement to that effect.

8.4.

SCOPE OF WORK

All sections of the Scope of Work are required contract services. Use this Proposal outline as part of your response to the RFP. Keep in mind, the evaluators will be scoring your Proposal based on the methodologies proposed and the completeness of the response to each item listed below. You must describe in detail how you will meet each requirement marked (M) or (ME) below. Include personnel, proposed timelines, methodologies, and any pertinent information that will be required from the Agency in order to achieve full compliance with all tasks and deliverables.

9.1. (ME) Admission Screening The Contractor shall conduct a nutritional assessment on newly admitted Home residents within five (5) days of the resident’s admission date. The Contractor must complete Section K of the minimum data set (MDS) assessment and a Care Area Assessment (CAA) computer data entry within the timeframe set forth by the MDS Coordinator. The Contractor shall submit a care plan for the resident to the Home within fourteen (14) days of the resident’s admission. The Home must notify the Contractor of the admission and provide resident information to the Contractor by facsimile.

9.2. (ME) Monitoring and Reviews The Contractor shall monitor all residents determined by the Contractor to be at nutritional risk and those residents receiving enteral feedings at least monthly. The Contractor shall review all residents and complete a nutrition assessment for each resident at least quarterly. The Contractor must also complete full comprehensive Nutritional Assessment and complete the computer data entry within the time frame set forth by the MDS Coordinator upon significant change of status and at least once per twelve (12) month period for each resident. The Contractor must recommend to the Home nutritional pharmaceuticals for residents with specific nutritional needs.

9.3. (ME) Dietary and Hydration Assessments The Contractor must provide Dietary and Hydrations Assessments per Centers for Medicare and Medicaid Services (CMS) regulations and Idaho Dietary Manual, including computer data entry, within the timeframe set forth by the MDS Coordinator requested by the Home and the resident's physician. The contractor must document assessments in the resident's chart within seven (7) calendar days of the completion of an assessment.

9.4. (M) Meetings The Contractor shall send a staff person to the following meetings at the Home:

9.4.1. The nutrition risk committee meetings; and,

9.4.2. As requested by the Home, the quarterly pharmacy or other meetings.

9.4.3. The Contractor must complete nutrition interventions per CMS regulations and Idaho Dietary manual as determined by the above committees.

9.4.4. The Contractor upon request of the Home, shall be present at the Facility for surveys and other audits.

9.5. (ME) Consultations The Contractor upon request shall provide:

9.5.1. Dietary consultation, oral and written, to physicians, nurses, and other Home personnel to meet the needs of residents.

9.5.2 Dietary instruction, oral and written, to residents and resident families to meet the needs of residents.

9.6. (ME) Standards, Policies, and Procedure Reviews The Contractor shall:

9.6.1. Review the rules governing Idaho skilled nursing facilities and facilities receiving Medicare, Medicaid, and United States Department of Veterans Affairs monthly. Such rules are currently published as: 38 CFR parts 17, 51 and 130 – Pensions, Bonuses, and Veterans’ Relief; 42 CFR parts 400 to 499 – Public Health; IDAPA 16.02.19 – Food Safety and Sanitation Standards for Food Establishments (The Idaho Food Code); IDAPA 16.03.02 – Rules and Minimum Standards for skilled Nursing and Intermediate Care Facilities; and IDAPA 16.03.10 – Rules Governing Medicaid Provider Reimbursement in Idaho. Collectively the foregoing are referred to as the “Rules Governing the Home”. The Contractor shall prepare a memorandum to the Administrator of the Home setting forth any deficiencies by the Home in complying with the Rules Governing the Home related to the Home’s dietary program and containing recommendations for correcting such deficiencies.

9.6.2. Annually review the Home’s enteral, supplemental feeding and dietetic policies and procedures. The Contractor shall prepare a memorandum to the Administrator of the Home setting forth any deficiencies in the policies and procedures based upon the current best practices and containing recommendations for correcting such deficiencies.

9.7. (ME) Menu Reviews and Quality Assurance

9.7.1. Menu Reviews

9.7.1.1. The Contractor must write the menus for each menu cycle lasting five (5) weeks each. The Contractor must review each menu cycle prior to use by the Home. The Contractor must review the qualities of the items on each menu based on texture, color, variety, vitamin content and servings of the daily food groups recognized by the United States Department of Agriculture. The Contractor must make recommendations for menu changes as appropriate to the dietary needs of the individual resident for the Home.

9.7.1.2. The Contractor must review one (1) week's menu of each menu cycle in detail for its nutritional adequacy. The Contractor must make recommendations for menu changes as appropriate to provide nutritional adequacy.

9.7.1.3. The Contractor must review special occasion menus monthly to review the qualities of the items on each menu based on texture, color, variety, vitamin content and servings of daily food groups recognized by the United States Department of Agriculture.

9.7.2. Quality Assurance

The Contractor must develop and implement a Quality Assurance Program in coordination with the Home's Quality Assurance Team within fifteen (15) calendar days from the beginning of the contract term and ongoing through the end of the contract term for the Home's dietary services. The Quality Assurance Program must include an analysis of whether the Home's practices sufficiently implement the Home's policies and procedures, including a report of the findings of the following:

9.7.2.1. A month-end (Last working week day of the calendar month) audit of the Home's compliance with the Rules Governing the Home through observation of the Home's tray line, dining room, food preparation and storage areas, and dietary sanitation and safety practices.

9.7.2.2. A month-end review of the Home’s resident assessment instrument (RAI) practices.

9.7.2.3. A week-end (Last working business day of calendar week) review of the accuracy of the Home’s implementation of resident care plans in the areas of diet, nutrition and hydration.

9.7.2.4. A month-end review of the management practices of the Home’s dietary program.

9.7.2.5. A month-end review of the Home’s practices related to enteral feeding.

9.8. (ME) Instruction and Training for Home Personnel The Contractor shall provide written instruction and in-service training to Home personnel as needed to ensure that residents meet their dietary needs and the Home complies with the Rules Governing the Home. The Contractor shall receive prior approval from the Home Administrator for all in-service training. At a minimum, the Contractor shall provide six (6) hours of in-service training to Home staff annually.

9.9. (ME) Reporting The Contractor shall prepare a monthly report of the Contractor’s activities and submit the report to the Home Administrator, the Home Director of Nursing Services, and the Home Dietary Services Manager.

9.10. (M) Staff Requirements

9.10.1. Licenses, Certifications and Experience –

Contractor shall ensure a dietician licensed by the State of Idaho Dietetic Licensure Board (a “Dietician”) performs the work set forth in Scope of Work. Dieticians performing such services shall have a minimum of two (2) years’ experience providing dietary consulting services to a long-term care facility. Where required by law, Contractor‘s other staff shall hold current licenses or certifications issued by the State of Idaho authorizing the individual to perform the services assigned to the staff person. At the request of the Home, Contractor shall provide copies of such licenses or certifications to the Home.

9.10.2. Compliance with Policies and Laws –

When performing services at the Home, the Contractor’s staff shall comply with the procedures and policies of the Home, the laws governing the Home, and the policies and rules of licensing or certification agencies issuing licenses or certifications held by the staff person.

9.10.3. Critical Incidents –

In the event that a member of Contractor’s staff is involved in any event during the course of their performance of the Contract which causes, or has a reasonable likelihood of causing, financial liability to the Home, loss or damage to property, or harm or death to a resident, member of the Home’s staff, Home volunteer or contractor, or a guest or visitor to the Home, Contractor shall immediately suspend such staff person from work under this Agreement until such time as the Home approves the resumption of work under this Agreement by such Contractor staff person.

9.10.4. Appearance -

Contractor’s staff shall wear a name tag approved by the Home, and clothing that is neat, clean, in good repair, and appropriate for working in a long-term care facility while on the Home’s property. Contractor shall be solely responsible for the cost of all identification, nametags, and staff clothing.

9.10.5. Removal of Contractor’s Employees -

IDVS may, in its sole discretion, require that Contractor immediately reassign, or otherwise remove from performing services under the Agreement, any Contractor staff member reasonably found unacceptable to the Home.

9.11. (M) CRIMINAL HISTORY BACKGROUND CHECKS

The Division requires that any Contractor's personnel and approved subcontractors who may have unsupervised or direct access to a recipient of benefits from the Division undergo a criminal history and background check. The criminal history and background check must comply with the requirements of the Division Criminal History and Background Check Procedures (HR-PR-03-02), The Division will provide HR-PR-03-02 procedure upon request of the contractor. Contractor shall be solely responsible for the non-reimbursable costs of all criminal history and background checks.

If such criminal history background check conducted by Contractor does not comply with Division Criminal History and Background Check Procedures (HR-PR-03-02) in any manner, including but not limited to the timeliness of the check, Contractor shall be considered to be in material breach of the contract and shall be liable for and pay to the Division the amount of any fines or penalties imposed on the Division as a result of an inadequate or deficient criminal history background check by any state or federal authority having jurisdiction over the matter, and any costs associated therewith.

9.12. (M) Other Required Training for Contractors Staff The Contractor must participate in other required home trainings which include, but are not limited to, Elder Abuse and Neglect Training, Fire and Life Safety, HIPAA Compliances, Cultural competency, Infection Prevention and Respectful Workplace.

ATTACHMENT 1 – PRE-PROPOSAL CONFERENCE REGISTRATION FORM

Event 60 Dietary Consulting Services – Idaho Division of Veteran Services

Dietary Consulting Services

Oral Information: Questions concerning an RFP must be directed in writing to the RFP Lead in the time period prescribed in the RFP document. Vendors are cautioned against relying on any verbal information, and do so at the Vendor’s sole risk. The RFP may only be amended by written documentation posted to the state’s eProcurement System, IPRO.

Potential Offerors choosing to participate in the Pre-Proposal Conference must pre-register by submitting this completed form, via e-mail, to the RFP Lead at thayne.pearson@adm.idaho.gov. After the RFP Lead receives your form and the registration deadline passes, you will be provided with phone conferencing and meeting details. Please indicate in the appropriate column if your attendance will be by phone. Attendees are asked to register for the Pre-Proposal Conference no later than 5:00pm, Mountain Time, Day of the Week, Month, Date, Year.

PLEASE PRINT:

ATTACHMENT 2 – OFFEROR QUESTIONS

Instructions:

DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

1. Enter the RFP section number that the question is for in the “RFP Section” field (column 2). If the question is a general question not related to a specific RFP section, enter “General” in column 2. If the question is in regards to a State Term and Condition or a Special Term and Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment 1”) in the “RFP Section” (column 2), and the attachment page number in the “RFP page” field (column 3).

1. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

1. Once completed, this form is to be e-mailed per the instructions in the RFP. The e-mail subject line is to state the RFP number followed by “Questions.” DO NOT SUBMIT QUESTIONS VIA IPRO.

ATTACHMENT 3 – MODIFICATION AND EXCEPTION FORM

Instructions: Complete this form and submit with your RFP submittal if you are proposing modifications or taking exception to any of the requirements, terms, or conditions included in the RFP, including any documents incorporated by reference (such as the Standard Contract Terms and Conditions.) See RFP Section 2.4 for a full explanation of the process surrounding vendor-proposed modifications and exceptions.

Offerors must specifically address any and all proposed modifications and exceptions. Blanket requests to negotiate requirements, terms, or conditions will not be considered. Offerors must provide an explanation as to why the requirement, term, or condition should be considered non-material. Offeror must also provide a reason for the proposed modification or alternative language, specifically addressing the issues itemized in RFP Section 2.4.1.

The determination of materiality will be made at the State’s sole discretion. Non-material modifications or exceptions may be negotiated with the apparent successful Offeror, at the discretion of the State, and as otherwise provided in RFP Section 2.4.4.

ATTACHMENT 4 – COVER FORM

(M) Attachment 4, Cover Form must be completed, signed, and submitted with your Proposal. Failure to complete and submit this form may result in your Proposal being deemed non-responsive.

Instructions: The Technical Proposal must include a signed copy of this cover form. Copy and paste this form onto your company letterhead, or include the following information: Offeror’s company name, mailing address, phone number, fax number, e-mail address, and name of Offeror’s authorized signer. The cover form must include the RFP Number and Title and must be signed by an individual authorized to commit the Offeror to the contents of the Proposal.

☐ Limited Liability Corporation (LLC) ☐ Limited Liability Partnership ☐Sole Proprietorship ☐ Other (specify)

Offeror’s Tax Identification Number

EIN:

Offeror’s DUNS Number

DUNS:

Is Offeror a legal entity with the legal right to contract?

☐ Yes ☐ No

Other than modifications/exceptions identified on Attachment 3, in compliance with Section 2.4 of this RFP, does Offeror accept, and is Offeror willing to comply with, the requirements of this RFP and attachments, including but not limited to those identified in Section 1.4 and the Special Terms and Conditions in Appendix?

☐ Yes ☐ No

Is Offeror in compliance with applicable equal employment regulations?

☐ Yes ☐ No

Does Offeror affirm that it has not employed any company or person other than a bone fide employee working solely for the Offeror or a company regularly employed as its marketing agent, to solicit or secure the Contract, and that it has not paid or agreed to pay any company or person, other than a bone fide employee working solely for the Offeror or a company regularly employed by the Offeror as its marketing agent, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of the Contract.?

☐ Yes ☐ No

Does Offeror understand and agree that for breach or violation of the above term, the State has the right to annul the Contract without liability or, in its discretion, to deduct from the offered price the amount of any such fee, commission, percentage, brokerage fee, gifts, or contingencies.

☐ Yes ☐ No

Firm(s) and/or staff responsible for writing the Proposal

Names:

Does Offeror affirm that it is not currently suspended, debarred, or otherwise excluded from federal or state procurement and non-procurement programs?

Note: vendor information is available at https://sam.gov.

☐ Yes ☐ No

Does the Offeror affirm that the Proposal will be firm and binding for ninety (90) calendar days from the Proposal opening date?

☐ Yes ☐ No

Signed By:

Printed Name:

Date:

APPENDIX A – IDAHO TERMS AND CONDITIONS BACKGROUND AND LIMITATIONS

Idaho Terms and Conditions – Background The Division of Purchasing issues solicitations on behalf of State of Idaho agencies. As public entities, the Division and the agencies it serves are subject to statutes, rules and policies that result in terms and conditions unlike those common in contracts between private parties. The Division of Purchasing does not have authority to vary many of these terms and in some instances, variations are void under Idaho law. See IDAPA 38.05.01.112.

Idaho is not unique. Many of the terms in the State of Idaho Standard Terms and Conditions are similar to terms offered by most federal, state, and local government agencies. Vendors who seek to work with government agencies should become familiar with these terms. The discussion below is provided to assist you in becoming familiar with the legal and policy basis for the terms and to provide information for you to evaluate the risks and benefits of working with public entities.

Termination – Costs of Re-procurement The State of Idaho Standard Terms and Conditions provision concerning termination specifically identifies the costs of re-procurement as a damage arising from a breach of the contract by a vendor. This damage is identified because of the public agency budgeting process and the competitive solicitation process required by Idaho’s purchasing laws. The Idaho purchasing laws provide a preference for open, competitive procurements. These procurements come at a cost to the agency, which is generally included in the agency budget requested from the Idaho Legislature more than twelve months prior to incurring the expense. Unlike a private business, public agencies cannot independently pass through the costs of re-procurement to Idaho taxpayers, who are the customers of government. Instead, Idaho agencies must submit a request for the costs to the Idaho Legislature in a subsequent budget year, which is usually after the need to secure a replacement vendor for the breaching contractor arises. As a matter of public policy, the contractor whose breach caused the damage of requiring re-procurement must pay those costs at the time of breach so that the public can receive the benefit of the contract made on its behalf through re-procurement of a new contract. This policy is reflected in the State of Idaho Standard Terms and Conditions provision concerning termination and the Division of Purchasing does not generally vary this requirement.

Termination – Fiscal Necessity Idaho Constitution Article VII, section 11 prohibits an expenditure in excess of a legislative appropriation. Idaho Code section 59-1015 prohibits state agencies and officers from entering into contracts that create any expense or liability in excess of an appropriation. Idaho Code section 59-1016 provides that any such contract is void. IDAPA 38.05.01.112 contains the same provisions. An appropriation can be reduced under Idaho law through “give backs” and “hold backs” issued by the executive branch. When the Division of Purchasing enters into a contract, it must contain the term allowing for termination for fiscal necessity to comply with these provisions. Variation of this term is not offered.

Anti-Discrimination/Equal Employment Opportunity Many of the Idaho agencies served by the Division of Purchasing receive federal funding that is subject to a requirement concerning a pass-through to vendors of the obligation to comply with federal civil rights and anti-discrimination laws. The pass-through obligation may extend beyond the specific federal funds to all agency contracts. Variation of this term is not offered to prevent a breach of the State of Idaho’s obligations under its agreements with the United States.

Taxes The State of Idaho Standard Terms and Conditions provision concerning taxes identifies that Idaho agencies are exempt from the payment of taxes and provides that the contractor is responsible for all taxes assessed against the contractor as a result of doing business with the State…