Final RFP for Cheese and Eggs.pdf

RFP PUR-020-23 1

THE BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY

UPPER MARLBORO, MD 20772

REQUEST FOR PROPOSAL

RFP PUR-020-23 USDA PROCESSING OF CHEESE AND EGGS

ISSUED BY: Purchasing & Supply Services Attention: Donna Parks

RFP NUMBER: RFP PUR-020-23

RELEASE DATE: May 26, 2023

PRE-PROPOSAL

MEETING: N/A

PROPOSAL DUE DATE: July 6, 2023 @ 11:00 a.m.

DIRECT INQUIRIES TO: Michelle Tucker, Donna Parks, and Diane Forde

E-mail: Donna.Parks@pgcps.org Michelle2.Tucker@pgcps.org Diane.Forde@pgcps.org

PROPOSAL DOCUMENTS

The bid documents may be obtained by:

1. Downloading the document from the Board’s website at: www1.pgcps.org or clicking on the following link: https://www.pgcps.org/purchasing/bids.aspx

2. Access solicitations on eMaryland Marketplace https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy %2fhomepage

3. Contact the Purchasing Department at 301-952-6560.

4. Visiting the Purchasing Department between the hours of 9:00 AM and 4:00 PM, Monday through

Friday, excluding holidays. The Purchasing Department is located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

Respondents are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation. Doing so may render a Respondent’s proposal unacceptable and subject to rejection.

Questions and inquires may be addressed as outlined in Part II, Item 4 of this solicitation.

All questions must be directed to the Buyer and Purchasing Clerk as specified above. Failure to adhere to this requirement may subject the respondent to immediate disqualification.

mailto:Donna.Parks@pgcps.org mailto:Michelle2.Tucker@pgcps.org mailto:Diane.Forde@pgcps.org http://www.pgcps.org/ https://www.pgcps.org/purchasing/bids.aspx https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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TABLE OF CONTENTS

PART I: SCOPE OF WORK 3

1.0 INTRODUCTION

2.0 BACKGROUND

PART II: GENERAL TERMS AND CONDITIONS 5

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-PROPOSAL MEETING (N/A)

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT TECHNICAL CONTACT

6.0 CONTRACT FACILITATOR/THE BOARD SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 RFP REVISIONS

10.0 SUBMISSION DEADLINE

11.0 PROPOSAL OPENING

12.0 DURATION OF OFFER

13.0 MINORITY BUSINESS ENTERPRISE PROGRAM

14.0 E- COMMERCE

15.0 INSURANCE

16.0 LIQUIDATED DAMAGES

17.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

17.2 VENDOR RESPONSIBILITIES

18.0 LEGAL COMPLIANCE

18.1 EPA COMPLIANCE

19.0 BONDING (Not Applicable)

20.0 TERMS AND CONDITIONS

21.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

PART III: PROPOSAL FORMAT 13

1.0 GENERAL FORMAT – THREE (3) - PART SUBMISSION

3.0 VOLUME II: FINANCIAL PROPOSAL

4.0 VOLUME III: MINORITY BUSINESS ENTERPRISE (MBE)

PART IV: SCOPE OF WORK

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR RFP’S

APPENDIX B – ADDENDA ACKNOWLEDGEMENT

APPENDIX C – REFERENCES

APPENDIX D – NON-COLLUSION CERTIFICATE

APPENDIX E – DEBARMENT AFFIDAVIT

APPENDIX F – ANTI-BRIBERY AFFIDAVIT

APPENDIX G – CERTIFICATE OF INSURANCE COVERAGE

APPENDIX H – FINANCIAL PROPOSAL FORM

APPENDIX I – MBE FORM

APPENDIX J – LETTER OF INTEREST TO ATTEND THE PRE-PROPOSAL CONFERENCE

APPENDIX K – STATE OF MARYLAND TAX CERTIFICATION

APPENDIX L – CERTIFICATION OF COMPLIANCE

APPENDIX M – VENDOR CONFLICT OF INTEREST DISLOSURE FORM

APPENDIX N – LETTER OF INTENT TO APPLY

RFP PUR-020-23 3

PART I: SCOPE OF WORK

1.0 INTRODUCTION

This Request for Proposal (RFP) is soliciting proposals from offerors for the provision of USDA Eggs and Cheeses. PGCPS seeks to partner with qualified USDA Foods commodity processors to provide for the processing of U.S. Department of Agriculture (USDA) donated raw commodities into palatable end-products for use within FNS.

The specifications contained herein are intended to cover the furnishings and delivery of commodity processed Cheese and Egg products. End product food items are to be delivered to a PGCPS FNS contracted distributor. (A separate contract has been solicited and awarded for distribution. The awarded distributor(s) is responsible for the delivery of end-products directly to PGCPS school sites.)

Detailed specifications are contained in the RFP. Responses submitted must meet or exceed all requirements. Proposals that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

2.0 BACKGROUND

The Board of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 967,000. It is the second largest public school system in the State of Maryland. The Board operates 240 facilities over a ten-mile radius, which includes Pre- K, elementary, middle, and high schools as well as special education centers and alternative schools.

The school system serves a diverse student population from urban, suburban and rural communities located in the Washington, DC suburbs. PGCPS is nationally recognized for college and career-readiness programs that provide students with unique learning opportunities, including dual enrollment and language immersion. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

3.0 NON-EXCLUSIVE

The intent of the contract resulting from this solicitation is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/items listed in the price schedule submitted.

CONTRACTORS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any contractor or vendor which has submitted a bid or proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of

RFP PUR-020-23 4

the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

RFP PUR-020-23 5

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of The Board of Education of Prince George’s County and/or third party participant.

Proposal submissions are subject to the Maryland Public Information Act (Education Article, Maryland Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your proposal as confidential or proprietary, it must be conspicuously indicated on those portions so deemed. However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

2.0 TERM OF AGREEMENT

The anticipated term of this contract shall be for one (1) year with the possibility of for (4) additional one-year renewals at PGCPS discretion.

The bidder warrants that prices for the proposal under this RFP are not higher than prices currently extended to any other governmental agency for the same product or service.

Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY reserves the right to renew the contract. The term of renewal shall not exceed four (4) additional one (1) year periods.

A. The Board expects all vendors to provide year over year cost reductions recommendations.

B. Price decreases are acceptable at any time, need not be verifiable, and are required should the contractor/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

C. Price adjustments from the contractor/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer. The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

D. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to Prince George’s County Public Schools.

3.0 PRE-PROPOSAL MEETING (N/A)

A pre-proposal conference is scheduled for Not Applicable. The pre-proposal conference will be held virtually via Zoom. Only interested Respondents who return the Appendix J Letter of Intent to Attend the Pre-Proposal Conference included with this solicitation will receive the Zoom conference information.

While attendance at the pre-proposal conference is not mandatory, the information presented is informative. All interested Offerors are encouraged to attend the pre-proposal conference in order to be better able to prepare an acceptable proposal.

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4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Supplier orally. Questions shall be submitted in writing in Word Format to Donna.Parks@pgcps.org, and Diane.Forde@pgcps.org. (see Part II, § 5.0). To be given consideration, the questions must be received NO LATER THAN 1:00 p.m., EST on May 22, 2023. Questions that are deemed to be substantive in nature will be responded to in the form of an addendum and posted on PGCPS website, www.pgcps.org/Purchasing and the State Of Maryland Website (eMMA) www.emarylandmarketplace.com. To ensure all questions are received and responded to, please ensure that all contact persons as identified above are included on all communications regarding this solicitation. Please do not submit question in PDF format.

Questions Due: June 16, 2023, at 1:00 pm EST

Addendum Posted: June 21, 2023, (approximate date)

5.0 POINT OF CONTACT TECHNICAL CONTACT

Donna Parks, Diane Forde Patrice Puertolano

Purchasing Office (Do Not Contact) E-mail: Donna.Parks@pgcps.org Michelle2.Tucker@pgcps.org Diane.Forde@pgcps.org

*NOTE: To ensure that all email communications are properly received and tracked, it is the responsibility of the Offeror to ensure questions are submitted to all Points of Contact noted for the Purchasing Office. DO NOT CONTACT THE TECHNICAL POINT OF CONTACT. Failure to communicate properly may result in your inquiries not being properly addressed.

6.0 CONTRACT FACILITATOR/THE BOARD SUPERVISION

The Contractor’s performance will be under the technical direction of the Buyer/Requesting Department/Project Manager who will be responsible for ensuring contractor’s compliance with the requirements of this contract to include managing the daily activities of the contract, providing technical guidance to the contract, and overall project scheduling and coordination. The contractor shall be accountable to the end users on all matters relating to the scope of work.

7.0 CONTRACT TYPE

The total amount to be paid by the Board of Education of Prince George’s County to the Consultant for services performed in accordance with the Scope of Work shall be based on firm fixed price/rates.

8.0 PAYMENT TERMS

The Contractor shall submit an invoice detailing the services provided and the actual costs incurred. Payment shall be in accordance with line item price on the Purchase Order and made within 30 days after the date on the invoice.

The Board reserves the right to reduce or withhold contract payment in the event the Contractor does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Contractor otherwise materially breaches the terms and conditions of the contract.

mailto:Donna.Parks@pgcps.org mailto:Diane.Forde@pgcps.org http://www.pgcps.org/Purchasing http://www.emarylandmarketplace.com/ mailto:Donna.Parks@pgcps.org mailto:Michelle2.Tucker@pgcps.org mailto:Diane.Forde@pgcps.org

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9.0 RFP REVISIONS

Should it become necessary to revise any part of this RFP, addenda will be posted on https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2f homepage and the Board’s Purchasing Department website @ https://www.pgcps.org/purchasing/bids.aspx. All addenda, amendments or changes issued shall be deemed received by offeror provided they are posted to eMaryland Marketplace Advantage or the Board Purchasing Department website. Failure of any offeror to receive or acknowledge receipt of such addenda or interpretation shall not relieve any offeror from any obligations under this RFP as amended by all addenda. All addenda so issued shall become part of the award.

10.0 SUBMISSION DEADLINE

In order to be eligible for consideration, proposals must be received:

Electronically via eMaryland Marketplace Advantage:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbu y%2fhomepage

No later than July 6, 2023, at 2:00 p.m. EST.

11.0 PROPOSAL OPENING

RFP Proposals are not opened publicly, but in the presence of at least two Purchasing Office employees. Once the proposals are opened, the Buyer will prepare a document that summarizes the proposals received. This document will be available for inspection no later than 20 days after opening and prior to Notice of Award letter is issued.

12.0 DURATION OF OFFER

A proposal submitted in response to this solicitation is binding upon the Offeror and is considered irrevocable for a minimum of 120 days following the closing date for receipt of initial proposals or the closing date for receipt of a best and final offer, if applicable.

13.0 MINORITY BUSINESS ENTERPRISE PROGRAM

Prince George’s County Public Schools has a Minority Business Enterprise (MBE) Program in effect. Information about this program and forms for compliance are included in the bid documents; the forms can also be downloaded online at:

http://www.pgcps.org/generalcounsel/ click on “Administrative Procedures,” then click on Business and Non-Instructional Operations - 3000 for Administrative Procedure 3325 and attachments. All firms submitting a proposal must complete the appropriate forms and submit the forms with their proposal.

For this project, the BOARD will recognize minority certification from the State of Maryland Department of Transportation (MDOT); Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA). For additional information contact the Minority Business Office at 301- 952-6563.

LOCAL MBE INITIATIVE

In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

https://www.pgcps.org/purchasing/bids.aspx https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage http://www.pgcps.org/generalcounsel/

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MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS

State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

14.0 E- COMMERCE

eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2f homepage is the primary site for the Board to transmit solicitations over $50,000. This website also serves to publish any addenda, associated materials, bidder/offeror questions and The Board’ responses and other solicitation related information.

Notices of solicitations are also posted on our website https://www.pgcps.org/purchasing/bids.aspx in accordance with State Finance and Procurement Article 13-103 Competitive Sealed Bids, Article 13-104 Competitive Sealed Proposals, and Article 13-107 Sole Source Procurements.

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce website eMaryland Marketplace Advantage (eMMA).

All offerors are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

with eMaryland Marketplace, so that the award notice can be properly published.

15.0 INSURANCE

All offerors shall complete and sign the attached Certificate of Insurance with their technical proposal per the attached insurance requirement form (See Appendix G).

15.1 CYBER LIABILITY INSURANCE

All offerors shall maintain and pay for Cyber Liability Insurance at a limit of not less than $1,000,000 per occurrence, including coverage for data breach, media liability and third party cyber liability.

16.0 LIQUIDATED DAMAGES

In the event the Award Bidder(s) fails to deliver the goods or services of the contract in accordance with the specifications, PGCPS reserve the right to purchase the goods/services on the open market in sufficient quantities to assure the continued operation of PGCPS. All additional expenses incurred by PGCPS as a result of such purchases will be deducted from the moneys owed or moneys which may become due.

https://www.pgcps.org/purchasing/bids.aspx

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17.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

Employees Having Direct Contact with and/or Uncontrolled Access to Students:

A. Any and all current and future employees of the Vendor who have direct contact with students must have a fingerprinting criminal background check conducted by the Maryland Criminal Justice Information System (CJIS) and the FBI, a Child Protective Services clearance conducted by the Prince George’s County Department of Social Services, and complete the SafeSchools training module – Prince George’s County Child Abuse:

Mandatory Reporting and any other required training as appropriate.

B. All background checks must be completed 15 business days prior to beginning work in and around PGCPS property or engaging in any authorized activities involved PGCPS students. The background checks must be completed by the Fingerprinting Office in the Sasscer Administrative Building or by the PGCPS satellite fingerprinting offices located in Prince George’s County. No person may begin working in PGCPS until 15 days after completing the background clearance process (fingerprint and CPS) and required online training through SafeSchools.

C. Prior to initiating any work at a school building, current and future employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff, consultants and instructors of the Vendor must sign in and sign out via the Raptor Visitor Management System, which requires a copy of their government issued identification.

D. Pursuant to Md. Education Code Ann. §6-113.2 (Code), a contractor of a Board of

Education who provides a services to a school or the students of a school shall meet the requirements set forth for screening its employees assigned to work at a school site to determine whether such employees have a history of child sexual abuse and/or sexual misconduct. Consultant shall be solely responsible for completing the screening set forth in the Code, shall maintain records of employee screenings, and shall make such records available to PGCPS upon request.

17.1 RESTRICTIONS ON EMPLOYEE ASSIGNMENTS

Vendors are prohibited from assigning the following persons from working at a PGCPS location:

A. Registered sex offenders (Maryland Code, Criminal Procedure Article Section 11-722)

B. Individuals convicted of a crime involving third or fourth degree sexual offence under sections 3-307 or 3-308 of the Criminal Law Article; child sexual abuse under Section 3- 602 of the Criminal Law Article; a crime of violence as defined in Section 14-101 of the Criminal Law Article; or comparable offenses in another state. (Annotated Code of Maryland, Education Article Section 6-113)

C. Individuals identified as an alleged abuse or neglector following completion of a Child

Protective Services investigation with a finding of “indicated” child abuse or neglect.

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17.2 VENDOR RESPONSIBILITIES

A. The Vendor agrees to provide the designated PGCPS representative with a list of all current employees and an immediate update of changes in personnel, employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff and any instructors. All correspondence should include the following information as applicable:

i. title of the project

ii. school/office

iii. solicitation number

iv. contract number; and

v. PGCPS representative/project manager

Compliance with Laws

Offerors shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the services to be rendered under this Contract. Offerors violation of any of these laws, statutes, ordinances, rules or regulations constitutes a breach of this Contract and entitles the Board to terminate this Contract immediately upon delivery of written notice of termination to Offeror.

Educational/Medical/Psychological Records

The Offeror acknowledges its responsibility to ensure compliance with the confidentiality provisions of the Family Educational Records Privacy Act (34 CFR §99); The Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 CFR Part 160 and Part 164, Subparts A and E, and Code of Maryland Regulations §13A.08, with respect to school records provided by the Board, if applicable.

Any confidential information provided by THE BOARD to Offeror, including all copies thereof must be used by Offeror only as provided for by this Agreement and only for the purposes herein described. Such information shall not be disseminated or disclosed to any third party, not a party to this Agreement, without the expressed written consent of THE BOARD and can only be done in accordance with applicable privacy laws. Offeror agrees to return to THE BOARD all such information within fifteen (15) days of the expiration of termination of this Agreement; or with the express consent of THE BOARD. Offeror may destroy such information within fifteen (15) days of termination or expiration of this Agreement, certifying to THE BOARD in writing that the information has been destroyed.

Protection of Student Records

Offeror and its affiliates or subcontractors, at their expense, have a duty to and shall protect from disclosure any and all Student Records which they come to possess or control, wherever and however stored or maintained, in a commercially reasonable manner in conformance with current industry standards.

Offeror or its affiliates or subcontractors shall implement and maintain a comprehensive data

– security program for the protection of Student Records whether the Records are stored electronically and/or in hard copy form. The safeguards contained in such program shall be consistent with and comply with the safeguards for protection of Student Records, and information of a similar character, as set forth in all applicable federal and state law and written policy of THE BOARD or the Maryland State Board of Education (“MSBE”) concerning the confidentiality of Student records. Such data-security program shall include, but not be limited

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to, the following:

1. A security policy for employees related to the storage, access, and transportation of data containing Student Records;

2. Reasonable restrictions on access to records containing Student Record information, including access to any locked storage where such records are kept;

3. A process for reviewing policies and security measures at least annually;

4. Creating secure access controls to Student Records, including but not limited to passwords; and

5. Encryption of Student Records that are stored on laptops, portable devices, or being transmitted electronically Offeror and its subcontractors or affiliates shall notify THE BOARD as soon as is practicable, but no later than twenty-four (24) hours, after they become aware of or suspect that any Student Records which Offeror or subcontractors or affiliates possess or control have been subject to a Student Records breach. The Offeror shall incorporate the requirements of this Section in all subcontracts requiring each of its affiliates to safeguard Student Records in the same manner as provided for in this Section.

Nothing in this Section shall supersede in any manner Offeror or its affiliate’s obligations pursuant to HIPAA, FERPA, or the provisions of this Agreement concerning the obligations of the Offeror as a service provider to THE BOARD.

18.0 LEGAL COMPLIANCE

A. Contractor shall comply in all respect with Federal, State (including Maryland Motor Vehicle laws) and Local Regulations, including laws regarding eligibility to work in the United States.

The provisions of this Contract shall be governed by the laws of Maryland. Any disputes, legal cases or other controversies shall be pursued in Maryland Courts consistent with and subject to Maryland State Law. Additionally, if applicable, all materials, supplies, equipment, or services supplied, as a result of this Contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

B. Specifically, contractor shall comply with all applicable laws and regulations relating to the employment of aliens, such failure, shall constitute a material breach of contract. It is a mandatory requirement of this contract that employees of contractor and contractor’s subcontractors are screened through the Federal Government’s E-Verify system, found at www.dhs.gov/E-Verify. This is a “no fee” service.

18.1 EPA COMPLIANCE

A. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

19.0 BONDING (Not Applicable)

Respondents will not be required to submit a bid bond in the amount of five percent (5%) as determined by the BOARD and specified in the RFP, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K.

(COMAR21.06.07.10)

The bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

PERFORMANCE AND LABOR BOND The successful respondent (will not be required to submit a performance and/or labor bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the RFP, of all phases of the

RFP PUR-020-23 12

contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that exceeds 100K. (COMAR 21.06.07.10) The Board reserves the right to request performance and labor bond for amount over or under $1000

The bond, cashier or certified check must be made in favor of the BOARD OF EDUCATION OF

PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

20.0 TERMS AND CONDITIONS

Any contract entered into in connection with this solicitation shall be subject to these General Terms and Conditions except as otherwise modified herein.

It shall be the Contractor’s sole responsibility to insure they are compliant with all applicable federal, state, and city laws, rules, ordinances, statutes, etc., that may impact this contract. The Board shall bear no responsibility for monitoring the Contractor’s compliance with said legal requirements. If the Contractor fails to maintain legal compliance, The Board may find said Contractor in default.

In the event of conflict between the General Terms and Conditions and any part or portion of the Special Conditions (Appendix A), these General Conditions shall take precedence.

In the event of conflict between this solicitation any of the General Terms and Conditions proposed by any offeror, or incorporated in any acknowledgement of contract awarded to the successful offeror, then, and in such event, the terms and conditions stated herein shall take precedence unless modified in writing by the Director of Purchasing & Supply Services Prince George’s County Public Schools.

21.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Offeror shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the bidder is in Good Standing with the Department of Assessment and Taxation of Maryland and/or registered to do business in the State of Maryland.

Certificates of Status may be obtained on line at http://www.dat.state.md.us.

This requirement applies to both Domestic and Foreign (out of state) Bidders. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation

22.0 PERSONALLY IDENTIFIABLE INFORMATION (PII)

Personally Identifiable Information includes any information that can be associated with or traced to any individual, including an individual’s name, address, telephone number, e-mail address, credit card information, social security number, or other similar specific factual information, regardless of the media on which such information is stored (e.g., on paper or electronically) and includes such information that is generated, collected, stored or obtained as part of this Agreement, including transactional and other data pertaining to users. The parties will comply with all applicable privacy and other laws and regulations relating to protection, collection, use, and distribution of Personally Identifiable Information. In no event may PII be sold or transferred to third parties, or otherwise provide third parties with access thereto. If there is a suspected or actual breach of security involving Personally Identifiable Information, the parties will notify each other within twenty-four (24) hours of a management-level employee becoming aware of such occurrence.

http://www.dat.state.md.us/

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PART III: PROPOSAL FORMAT

1.0 GENERAL FORMAT – THREE (3) - PART SUBMISSION

A. eMarylandMarketPlaceAdvanntage (eMMA) Submission Requirements

Submission of all proposals is via eMarylandMarketPlaceAdvantage (eMMA) electronic portal. Only proposals that are submitted via eMMA by the date and time will be utilized during the evaluation process. Submission shall be via:

Electronically via eMaryland Marketplace Advantage:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2f buy%2fhomepage

Proposal Submission Date: April 24, 2023, at 2:00 p.m. EST.

It is the Offeror’s responsibility to submit their proposals on time via the electronic portal. It is also the Respondent’s responsibility to ensure the proposal has been uploaded properly on eMMA. Therefore, as confirmation of Offeror’s proposal submission via eMMA, all Offerors must provide a copy of the proposal upload acknowledgment generated by eMMA.

The eMMA acknowledgment must be provided to PGCPS not later than the due date of the proposal submission. The eMMA acknowledgment shall be sent to:

Donna.Parks@pgcps.org Diane.Forde@pgcps.org

In the event of upload failures, PGCPS will not be responsible for any technical failures relating to the proposal upload without the vendor submitting the eMMA proof of upload in accordance with the requirements as detailed above.

Any questions regarding how to submit proposals via the electronic portal shall be directed to eMMA.

B. Respondent(s) shall submit in separately sealed envelopes, labeled and formatted as followed:

● Volume I - Technical Proposal

● Volume II - Financial proposal (Attachment A must be included here)

● Volume III - Minority Business Enterprise and Women’s Business Enterprise (MBE)

Commitment Utilization

Note: Volume III – MBE Proposal (3325 Utilization Form) shall be uploaded as a separate document in the eMMA portal “Technical Proposal Envelope”

2.0 VOLUME I: TECHNICAL PROPOSAL FORMAT

Each proposal must include a table of contents and all pages in the technical proposal must be numbered, consecutively from beginning to end and separated by tabs as described below:

mailto:Donna.Parks@pgcps.org mailto:Diane.Forde@pgcps.org

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TAB A. TRANSMITTAL LETTER

Technical proposals are to be accompanied by a brief transmittal letter prepared on the Respondent(s) letterhead, and signed by an individual who is authorized to commit the Respondent(s) to the services and requirements in the RFP and proposal. This transmittal letter shall include:

1. The name, title, address, telephone number, and electronic mail address of the person authorized to bind the Respondent(s) to the contract, who will receive all official notices concerning this RFP.

2. The Respondent(s) Federal Tax Identification Number or Social Security Number.

3. A brief statement of the Respondent(s) understands of the work to be done, the commitment to perform the work within the time period, and a statement of why the firm believes it is best qualified to perform the engagement.

4. A statement that the proposal is a firm and irrevocable offer for a period of one-hundred twenty (120) days.

TAB B. TABLE OF CONTENTS

A Table of Contents shall be included in the proposal.

TAB C. EXPERIENCE AND CAPABILITIES

Offeror(s) shall provide information on past and current experience with rendering services similar in size and scope to those in this RFP. See Part IV, Section ELIGIBILITY AND QUALIFICATIONS

TAB D. FISCAL INTEGRITY/FINANCIAL STATEMENTS

1. The Respondent(s) shall include in its proposal, completed audited financial statements including the auditor’s notes, for its last two fiscal years. If the Respondent(s) has not had its financial statements audited by an independent accounting firm, the Respondent(s) must submit such un-audited financial statements as it has. Some acceptable methods include but are not limited to one or more of the following:

a. Recently audited (or best available) financial statements

b. Dunn and Bradstreet Rating

c. Standard and Poor’s Rating

d. Lines of credit

e. Evidence of a successful financial track record

f. Evidence of adequate working capital

2. Respondent(s) shall identify any claims during the past five (5) years and provide information on any pending litigation, lawsuits etc. The failure to provide accurate information may be determined to be a material breach of any future agreement or contract with The Board.

3. Respondent(s) shall submit a State of Maryland Certificate of Good Standing or other filing verifying the Respondent(s) is in Good Standing with the Department of Assessments and Taxation of Maryland. Certificates of Status may be obtained on line at http://www.dat.state.md.us. This requirement applies to both Domestic and Foreign Offerors (out of state). Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation.

http://www.dat.state.md.us/

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Note: It is important that PGCPS conduct a financial responsibility check for all participants on this solicitation. As such, all Respondents are required to comply with the submission of the appropriate financial responsibility documentation as detailed in this section. All Respondents are required to submit this documentation with their proposal. If the Respondent does not comply with this requirement, the Respondent may be declared non-responsible and will not move forward in the evaluation process.

Further, PGCPS will not accept a link to financial statements. All financial statements shall be provided at the time of proposal submission.

TAB E. TECHNICAL RESPONSE TO RFP SCOPE OF WORK

The Offeror shall address each major requirement of Part IV (Scope of Work). See Section 7.0 Organization of Technical Response for additional information regarding proposal organization.

TAB F. TECHNICAL FORMS FOR SUBMISSIONS

1. Certificate of Status (State of Maryland Certificate of Good Standing with the Department of

Assessments and Taxation

2. Addenda Acknowledgement Form (Appendix B)

3. References (Appendix C)

4. Completed Non-Collusion Certificate (Notarized) (Appendix D)

5. Completed Debarment Affidavit (Notarized) (Appendix E)

6. Completed Anti-Bribery Affidavit (Notarized) (Appendix F)

7. Certificate of Insurance (Appendix G)

8. Completed MBE Form (Appendix I)

9. Completed Letter of Intent to Submit a Proposal (Appendix J)

10. State of Maryland Tax Certification (Appendix K)

11. Certification of Compliance (Appendix L)

12. Vendor Conflict of Interest Disclosure Form (Appendix M)

13. MBE Utilization Form (Notarized)

ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH BID (TAB D):

1. Value Pass-Through System Procedures (USDA Foods) -- See Part IV, Section 2.3 of the RFP for more information

2. HACCP Compliance Procedures and Food Safety Plan – See Part IV, Section 2.7 of the RFP for more information

3. Recall Procedures -- See Part IV, Section 2.6 of the RFP for more information

4. Product Specification Sheets (See Part IV, Section 4.1 for more information)

5. Attachment E -- Bid Form (Excel Document): Bidders shall enter all information requested in typewritten format on the Excel electronic spreadsheet provided with this solicitation.

Bidders shall not modify or delete the formulas embedded in the Excel spreadsheet. DO NOT

SUBMIT HANDWRITTEN OR PDF VERSIONS OF THE BID FORM.

NOTE: Offerors cannot change/delete any portion of the language on the forms no re-format the document forms indicated in Tab F. Do Not retype and submit on the Offeror’s letterhead. Offerors that alter forms provided by PGCPS may be declared non-responsive.

RFP PUR-020-23 16

3.0 VOLUME II: FINANCIAL PROPOSAL

Offerors shall enter all price information on Appendix H, “Financial Proposal Form” and submit it under a separate sealed cover as described in Part III, Section 1.0.

4.0 VOLUME III: MINORITY BUSINESS ENTERPRISE (MBE)

A. An MBE goal of 15% for services and/or goods has been established for the contract(s) issued as a result from this solicitation.

B. Offerors shall include all documents as required in the Administrative Procedures 3325.

C. Any Offeror who will not comply with the MBE Participation may be declared non-responsive.

D. Offeror shall complete the MBE Commitment Utilization Form and submit it with Volume III

MBE Proposal.

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

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PART IV: SCOPE OF WORK

1.0 General Information

Prince George’s County Public Schools (PGCPS) Department of Food and Nutrition Services (FNS) is soliciting proposals from qualified USDA Foods commodity processors to provide for the processing of U.S. Department of Agriculture (USDA) donated raw commodities into palatable end-products for use within FNS. The specifications contained herein are intended to cover the furnishings and delivery of commodity processed Cheese and Egg products. End product food items are to be delivered to a PGCPS FNS contracted distributor. (A separate contract has been solicited and awarded for distribution.

The awarded distributor(s) will deliver end-products directly to PGCPS school sites.)

2.0 Technical Specifications

2.1 Compliance with Regulations

All products specified herein shall comply with all regulations of the Maryland Health Department, the United States Department of Agriculture (USDA), the Prince George’s County Health Department, and the requirements of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated there under.

2.2 USDA Processed Donated Foods

Under the terms and conditions of this contract the vendor(s) will convert various USDA Foods to end-products and deliver products to the District. The District desires to fully use USDA food entitlement in the year earned. Each USDA food product will have a commercial equivalent, and the processed commodity and the commercial equivalent shall be the same portion size, essentially the same formulation, and be packed in a case of equal count and weight. Likewise, both products shall require the same preparation methods and holding characteristics. The procurement specification for the commercial product shall be equal to or superior than the USDA specification and the transaction is recorded for accountability purposes.

When sufficient USDA food items are not available, the District may require end-product manufactured from non-commodity items, of equal or better quality, to be provided by the vendor. The USDA foods to be processed include, but are not limited to, the following:

USDA FOOD DESCRIPTION USDA COMMODITY

CODE

ITEM

Eggs Bulk 100047

Barrel Cheese 110242

Mozzarella Cheese 110244

Mozzarella Loaves 100022

Tomato Paste Bulk Totes 100332

In the event of loss or damage to the District’s commodity products by the Vendor, the Vendor agrees to replace or purchase the lost or damaged products at fair market value per USDA current guidelines.

2.3 Value Pass-Through System (USDA Foods)

In order to sell processed goods, the vendor must have a USDA approved Summary End Product Data

Schedule (SEPDS) and be approved as a processor in the state of Maryland. Processors must provide the

District with written instructions on the state approved Value Pass-Through System of any USDA Foods

(Direct Discount, Fee for Service, Modified Fee for Service, Net Off Invoice, or Rebate system).

All distributors must have the technical capability to enable the district to participate in all USDA approved value pass through methods.

RFP PUR-020-23 18

2.4 Buy American Provision

Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-

336) added a provision, Section 12(n) to the NSLA [42 USC 1760(n)], requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision [7 CFR Part 210.21(d)] is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting domestic standards in circumstances when use of domestic foods is truly not practicable. These exceptions are as follows:

2.4.1 The product is not produced or manufactured in the United States (U.S.) in sufficient and reasonable quantities or a satisfactory quality; or

2.4.2 Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Awarded Vendor(s) must provide written communication to PGCPS Food and Nutrition Services indicating the product, country of origin, reason(s) product is unavailable domestically, and time-frame for the use of non-domestic product(s).

2.5 Food Safety

The Supplier must incorporate the Hazard Analysis Critical Control Point (HACCP) principles in its standard operating procedures and will have a HACCP plan on file that meets with District approval and will be followed. This plan must include recall/hold control procedures including but not limited to:

2.5.1 Traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

2.5.2 Provision of 24 hour/7 days a week accessibility to Supplier staff in the event of a USDA

Hold/Recall.

2.6 Product Recall/Recall Procedures

The successful bidder must provide PGCPS FNS Recall Procedures that include handling general food recalls and handling recalls of USDA Foods, if applicable. Two (2) contact persons must be provided within the procedures, both with 24-hour, 7 days a week (24/7) contact. In addition, the successful bidder may be responsible for picking up product and providing replacement, payment, or credit at PGCPS FNS’ discretion. Replacement, payment, or credit for recalled items shall be made within 30 days of the date of notification to PGCPS FNS. The successful bidder must adhere to all USDA directions for USDA Foods recall. All costs associated with the product recall, which include, but are not limited to transportation and handling costs, shall be borne by the contractor.

2.7 HACCP Compliance

Respondent must provide documentation of their HACCP procedures and Food Safety Plan including employee training/monitoring procedures.

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3.0 NUTRITION STANDARDS

3.1 Nutrition Policy: PGCPS FNS requires that all food items have only the minimum amount of sodium, fat, sugar, and/or other additives that are absolutely necessary for food preservation and safety, while still providing a product with good flavor, texture, and palatability. The finished product must be a product with good flavor and texture that is palatable to students.

3.2 Trans Fat: State law prohibits any food items containing artificial Trans-fat unless the manufacturer's documentation or the nutrition facts label lists the Trans-fat content as less than

0.5 grams per serving. A food item contains artificial Trans-fat if it contains partially hydrogenated vegetable oil.

3.3 Labeling: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. All ingredients shall be listed by their common or usual name in descending order of predominance by weight. Labels must also include a list of any “Top 8” allergens present in the product. These include milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Packages shall clearly be labeled with product name, open code dating, and weight. Cases of product must indicate pack code or expiration date. If code is encrypted, the Vendor shall provide PGCPS FNS with the key from the manufacturer to decode information.

3.4 Ingredients: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration.

PGCPS FNS discourages the use of the following ingredients: monosodium glutamate (MSG), high fructose corn syrup (HFCS), Trans fatty acids/partially hydrogenated oil, Aspartame or Acesulfame-Potassium, red dye #40, and yellow dye # 5. PGCPS FNS reserves the right to award or not award items that contain any of the preceding ingredients. The PGCPS FNS may request information regarding the presence or absence of gluten, or any other ingredient, at any time.

3.5 Nutrition Information: In order to accommodate the computerized menu system used by PGCPS FNS, the successful bidder shall be required to provide a complete nutrient analysis of products, as requested PGCPS FNS. The following information will be required from the manufacturer:

weight (gm), calories (kcal), carbohydrate (gm), fiber (gm), sugar (gm), protein (gm), total fat (gm), saturated fat (gm), trans fats (gm), cholesterol (mg), sodium (mg), iron (mg), calcium (mg), Vitamin A (I.U.), and Vitamin C (mg). Vendor must submit with their quotation package all nutrient documentation for items that do not exactly match the requested manufacturer, brand, and product code on the bid, or in cases where a manufacturer, brand, or product code are not specified by the PGCPS FNS. Such documentation shall include Nutrition Facts panels, ingredients lists, CN labels (where applicable), Product Formulation Statements (where applicable), and the Nutrient Data Submission Form.

3.6 Whole Grain and Whole Grain Rich: Products qualify as whole grain or whole grain rich, if 51% or more of the product is made with whole grains, or the first ingredient is as whole grain.

3.7 Healthy Hunger Free Kids Act of 2010: Vendors awarded contracts must be familiar with the final rules and regulations set forth for the National School Lunch and Breakfast Programs.

Guidance for these requirements can be found at:

http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

4.0 GENERAL SPECIFICATIONS

4.1 Product Specification Sheets

Respondents are required to provide with their electronica and hardcopy bid product specification sheets for each processed, prepackaged item (Group D and E) that will be bid. Descriptive information for each specification sheet must include the following information:

Item Description

Brand Name/Manufacturer

Product Code

Pack Size

Case Dimensions

Nutrition Information

Ingredient List

Shelf-Life http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

RFP PUR-020-23 20

4.2 Group and Item Number

Respondents should indicate the Group and Item Number on each product specification sheet by making it the title of the document in the file. For example, Item A-1 Apple Slices.