ITB2023-07-vended school meal services.pdf

Tallahassee Community College

Invitation to Bid (ITB)

For

Vended School Meal Services

ITB 2023-07

Solicitations Due – May 25, 2023 - 1:45 p.m. EST

Solicitation Opening – May 25, 2023 - 2:00 p.m. EST

Purchasing - Tallahassee Community College (fl.edu) https://www.tcc.fl.edu/about/college/administrative-services/purchasing/

Table of Contents

GENERAL CONDITIONS

INSURANCE REQUIREMENTS

EVALUATION PROCESS/CRITERIA

GENERAL INFORMATION/CALENDAR 14

PROPOSAL SPECIFICATIONS

INSTRUCTIONS FOR PREPARING PROPOSALS

BID SUMMARY

DISPUTES DISCLOSURE FORM

PUBLIC ENTITY CRIMES FORM

PROPOSAL RESPONSE FORM

PROPOSAL CERTIFICATION FORM

DRUG FREE WORKPLACE FORMM

MINORITY, WOMEN & VETERAN DECLARATION

ADDENDUM (SAMPLE) 38

CERTIFICATION REGARDING LOBBYING

DISCLOSURE OF LOBBYING ACTIVITIES 40

E-VERIFY FORM

DEBARMENT FORM 43

EXHIBITS A-C

GENERAL CONDITIONS

PROPOSERS: To insure acceptance of the proposal, follow these instructions.

SEALED PROPOSALS: The number of the proposal and the date of opening shall be shown on the envelope/box containing each proposal. Proposers are requested to show their name and address on the envelope/box. All proposals are subject to the terms and conditions specified herein and on the attached proposal documents.

Completed proposal MUST be submitted in a sealed envelope/box. Telegraphic (fax, e-mail, telephone, telegraph) proposals will not be accepted.

1. EXECUTION OF PROPOSAL: Proposals must contain a signature of an authorized representative. Failure to properly sign the proposal may invalidate same, and it may not be considered for award. All proposals must be completed typewritten.

The original conditions and specifications cannot be changed or altered in any way. Altered proposals will not be considered. Clarification of proposals submitted shall be in letterform, signed by proposers and attached to the proposal.

2. NUMBER OF COPIES: Proposers must submit three (3) complete electronic sets on a USB flash drives in PDF format.

Each section of the proposal must be its own folder within the USB. Each proposal must have signatures and all supporting documentation on the USB. The USB’s are to be in a sealed envelope/box marked as stated in the Proposal Submission clause. This quantity is required so that a full and complete copy of your proposal can be provided to each member of the evaluation committee.

3. PROPOSAL PREPARATION COSTS: The College shall not be liable for any expenses incurred in connection with the preparation of a response to this solicitation.

4. PROPOSAL SUBMISSION: The College will receive proposals at the Purchasing Office. The outside of the sealed envelope/box must be identified as follows:

• Proposer’s name

• Return address

• Solicitation number and title

• Due date and time

5. DUE DATE AND TIME: The date and time will be carefully observed. Proposals received after the specified date and time shall be returned unopened. The College will not be responsible for late deliveries or delayed mail.

Receipt of the proposal in the Purchasing Office after the date and time specified due to failure by the proposer to provide the above information on the outside of the envelope/box shall result in the rejection of the proposer’s proposal.

The proposer may submit the proposal in person or by mail/courier service. The College cautions proposers to assure actual delivery of mailed or hand delivered proposals prior to the deadline set for receiving proposals. Confirmation of receipt of proposal can be made by calling the College’s Purchasing Office.

6. SUPPLIER REGISTRATION REQUIREMENTS: Prior to the award of this solicitation, supplier(s) must be registered in TCC’s Workday Supplier database. If you previously submitted these forms and received your TCC Workday Supplier ID number, you will not need to re-submit, just reference this number on the Proposal Response Form. Example of a Workday Supplier ID is SU 000000123.

If you are not a registered TCC supplier, prior to award of this solicitation you will need to complete our online TCC Vendor Application Form and W-9 at: Solicitation - Tallahassee Community College (fl.edu) These forms are submitted electronically which protects your information. Once your forms have been submitted and information has been processed by the Purchasing Office staff, you will receive an e-mail containing your TCC Supplier ID Number.

If you are unsure about your registration status in TCC’s database, please E-mail Dustin Frost Dustin.Frost@tcc.fl.edu.

7. DELAYS: The College, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the College to do so. The College will notify Proposers of all changes in scheduled due dates by written addendum.

https://www.tcc.fl.edu/about/college/administrative-services/purchasing/solicitation/ mailto:Dustin.Frost@tcc.fl.edu

8. REVISIONS AND AMENDMENTS: The right is reserved, as the interest of the College may require, to revise or amend the specifications or drawings or both prior to the date set for opening of ITB, such revisions and amendments, if any, will be announced by an addendum to the ITB. If the revisions and amendments are of a nature which requires material changes in quantities or prices, the date set for the opening of the ITB may be postponed by such number of days as in the opinion of the Purchasing Director that will enable Proposers to revise their ITB. In such cases, the addendum will include an announcement of the new ITB opening date. The proposers shall acknowledge receipt of all addenda by signing, dating, and returning the acknowledgment page of the addendum with their proposal.

9. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the College.

Further, all proposers must disclose the name of any Board employee who owns, directly or indirectly, an interest of five percent (5%) or more in the proposer’s firm or any of its branches.

10. DISQUALIFICATION: Any or all proposals will be rejected if there is reason to believe that collusion exists between proposers. Proposals in which the prices obviously are unbalanced will be subject to rejection.

11. PROPOSAL WITHDRAWAL: Proposers may withdraw their proposals by notifying the College’s Purchasing Office in writing or email at any time prior to the time set for the proposal deadline. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity (company business card and driver’s license) and sign the Proposal Withdrawal Form. Once opened, proposals become the property of the College and will not be returned to the proposers.

12. POSTING OF RESULTS: Intent to Award will be posted for review by interested parties on the TCC Purchasing website Purchasing - Tallahassee Community College (fl.edu) and the State of Florida’s Procurement system MyFloridaMarket Place on or about the date provided on the enclosed ITB schedule and will remain posted for a period of 72 hours.

Interested parties are responsible for monitoring these sites for new or changing information relative to this procurement.

PROTEST OF SOLICITATIONS SPECIFICATIONS PROCEDURE: Tallahassee Community College Procedure for Contract Solicitation or Award Bid Protest procedures may be obtained from the TCC Purchasing Office or accessed by going to the TCC Purchasing website using this link: TCC-Bid-Protest-Procedures.

13. ADDITIONAL INFORMATION: No additional information may be submitted, or follow-up performed by any proposer after the stated due date of a formal presentation to the evaluation committee, unless specifically requested by the College.

14. PUBLIC RECORDS: Upon posting of Intent to Award or thirty (30) days after opening, whichever is earlier, proposals become “public records” and shall be subject to public disclosure consistent with chapter 119.0731, Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in the response to the proposal, and must identify the data or other materials to be protected, and must state reasons why such exclusion from public disclosure is necessary. Any financial statements that are submitted are exempt from becoming public record FS 119.07(3).

15. INQUIRIES: All proposers shall carefully examine the Solicitation documents. Proposers are expected to examine the terms and conditions, specifications, scope of work, delivery schedule, proposal prices, extensions and all instructions pertaining to supplies and services.

Such inquiries regarding this Solicitation outside a pre-proposal conference must be submitted in writing via email to the College’s Director of Procurement and Auxiliary Services at Dustin.Frost@tcc.fl.edu . The College will provide written answers via Question and Answer form posted Solicitation - Tallahassee Community College (fl.edu) and MyFloridaMarket Place. The College will not be responsible for any oral instructions made by any employee(s) of the College in regard to this Solicitation.

16. QUALIFIER’S CONDITIONS: The Board specifically reserves the right to reject any conditional proposal.

17. PUBLIC OPENING/EVALUATION: Proposals shall be publicly opened and recorded on the date and time provided on the enclosed ITB schedule unless changed by addendum. No other information or pricing will be read or discussed at the opening. All proposals received after the specified time will not be considered and will be returned to the proposer. Fax, https://www.tcc.fl.edu/about/college/administrative-services/purchasing/ https://vendor.myfloridamarketplace.com/ https://www.tcc.fl.edu/media/divisions/administrative-services/purchasing/TCC-Bid-Protest-Procedures-9.12.22.pdf mailto:Dustin.Frost@tcc.fl.edu https://vendor.myfloridamarketplace.com/ e-mail, telegraph or telephone proposals will not be accepted. A proposal may not be altered after the opening of the proposals. Upon receipt of proposals, an evaluation committee, if required, will select qualified candidates based on criteria contained herein. The evaluation committee may contact qualified responders to give oral presentations after the initial review of all proposals.

18. ACCURACY OF PROPOSAL INFORMATION: Any proposer which submits in its proposal to the College any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

19. ADVERTISING: In submitting a proposal, the proposer agrees not to use the results there from as a part of any commercial advertising unless permission in writing is granted by the College.

20. GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on the ITB prior to their performance, it shall be the responsibility of the firm to notify the TCC Purchasing Office at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The College reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the College.

21. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where proposers are required to enter or go onto the College property to deliver materials or perform work or services as a result of a proposal award, the proposer will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The proposer shall be liable for any damages or loss to the Board occasioned by negligence of the proposer (or agent) or any person the proposer has designated in the completion of the contract as a result of his or her proposal.

22. DRUG FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality, and service are received by the College for the procurement of commodities or contractual services, a proposal received that has completed the Drug Free Workplace form, certifying that it is a drug free workplace, shall be given preference.

23. CANCELLATION: In the event the contractor violates any of the provisions of this proposal, the Board shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within thirty (30) days, recommendation will be made to the board for immediate cancellation. The College reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days written notice to the other party.

24. TERMINATION: If a contract is awarded as a result of this ITB and is terminated or cancelled within the first year of the contract period, the College may elect to negotiate and award a new contract to the next ranked proposer or to issue a new ITB, whichever is determined to be in the best interest of the College.

The supplier will serve at the will and pleasure of the College. Either party may cancel the contract with thirty (30) days advanced written notice. However, at the College’s sole option, a termination for convenience by the College may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole. The College shall be liable for goods or services delivered and accepted. In the event of termination by either party, the supplier will have, in no event, any claim against the College for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the College, the supplier shall:

• Stop orders/work on the date and to the extent specified.

• Terminate and settle all orders and/or sub-contracts relating to the performance of the terminated work. All costs incurred for canceled projects will be billed to the College.

• Transfer all work in progress, completed work, and other materials related to the terminated work as directed by the College.

• Continue and complete all parts of the work that have not been terminated.

25. SEVERABILITY: If any provision of a contract resulting from this ITB is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provisions shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of the agreement.

26. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal or a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded work or perform work as a contractor, supplier, sub-proposer or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Chapter 287 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

Note: By signing the proposal, the supplier attests they have not been placed on the convicted vendor list.

27. ACCEPTANCES AND REJECTION: The College reserves the right to reject all proposals, to waive any informalities and technicalities, and to solicit and re-advertise for new proposals, or to abandon the project in its entirety. The College reserves the right to make the award to that proposer who, in the opinion of the College, will be in the best interest of and/or the most advantageous to the College. The College reserves the right to reject the proposal of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts, or who, in the College’s opinion, is not in a position to perform properly under this award. The College reserves the right to inspect all facilities of proposer’s in order to make a determination as to the foregoing.

28. JOINT VENTURES: Proposals submitted by firms under “joint venture” arrangements or other multi-party agreements must submit a power of attorney delegating authority to one principal with authority to negotiate and execute any/all contract documents resulting from negotiations/award of this ITB.

29. DISPUTES & PROTESTS: In the case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the College shall be final and binding on both parties. Failure to file a protest within the amount of time prescribed in FS 120.57(3) shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

30. FAMILIARITY WITH LAWS: All proposers are required to comply with all Federal, State, and Local laws, codes, rules and regulations controlling the action or operation of this ITB. Relevant laws may include, but are not limited to: The Americans with Disabilities Act of 1990, Office of Education 6A-14, State Requirements for Educational Facilities (SREF), Florida Statute 1013 (K-20) Education Code (Educational Facilities), OSHA regulations, and all Civil Rights legislation.

31. EQUAL OPPORTUNITY: The College does not discriminate against any person on the basis of age, color, disability, ethnicity, gender identity, genetic information, marital status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status in its programs and activities. The proposer agrees to make no distinction in its employment practices on the basis of race, color, ethnicity, genetic information, national origin, religion, gender sexual orientation, marital status, age or disability in such practices. Proposer agrees to adhere to any and all applicable State and Federal Civil Rights Laws.

32. SMALL BUSINESS PARTICIPATION: The College strongly encourages small, minority and/or women owned Firms or joint venture Firms to submit proposals. Minority/Women Business Enterprises that file false status of their M/WBE status may be found guilty of a felony of the second degree and be barred from bidding with the College for thirty-six (36) months pursuant to 287.094 Florida Statutes.

33. DEFAULT. In the event of default on a contract, the vendor shall pay to the Board, as liquidated damages an amount equal to 25% of the unit price proposal, times the quantity (or) $50.00, whichever amount is larger. In the event of default on a contract, the vendor shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.

34. INVOICING AND PAYMENT. Payment will be made by the College after the service awarded to a vendor have been received, inspected, and found to comply with award specifications, properly invoiced and minimally meet the following conditions to be considered as a valid payment request:

• Timely submission of a correct invoice, in strict accordance with the price and delivery elements as stipulated in the purchase order or contract, and submission to Accounts Payable at the address indicated on the purchase order.

• All invoices shall clearly reference the subject purchase order number; provide a sufficient description to identify goods or services for which payment is being requested; and include date(s) of services.

• The invoice shall also contain the vendor’s Federal Employer Identification Number (F.E.I.N.).

• The College’s terms are “Net 30” after acceptance of goods or services and receipt of an acceptable invoice as described herein.

35. ANTI-DISCRIMINATION: The proposer certifies that he or she is in compliance with the non-discrimination clause in Section 202, Executive Order 11246, as amended by executive order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin.

36. OSHA: The proposer warrants that the product supplied to the College shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. (MSDS Statement)

37. AFFIRMATION: By submission of a proposal, the proposer affirms that his/her proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all terms and conditions of this ITB and the resulting contract. No outside terms and conditions will be considered unless approved by the College.

38. RENEWAL: Renewal options for any contract entered based on this ITB will specified in the contract.

39. FEDERAL FUNDING SOURCE: If the source of funding is federal, then Federal requirements must be followed including but not limited to Equal Employment Opportunity laws and regulations, the Davis Bacon Wage Act, Anti-Lobbying Certification, the Contract Work Hours and Safety Standards Act, provisions in 2 CFR Part 200.

40. INDEMNIFICATION: To the fullest extent permitted by law, the proposer shall indemnify, hold harmless and defend the College, its District Board of Trustees, officers, agents, servants, and employees, from and against all claims, damages, losses, and expenses including, but not limited to, attorneys’ fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual cost incurred for expert witness testimony, arising out of or resulting from the performance of services required under this Contract, provided that same is caused by the negligence, recklessness, or intentional wrongful conduct of the proposer or other person utilized by the proposer in the performance of the work. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the College as set forth in Section 768.28, Florida Statutes.

The proposer, without exemption, shall indemnify and hold harmless the College, its employees and/or any of its District Board of Trustees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or non-patented invention, process or item manufactured by the proposer. Further, if such a claim is made or is pending, the proposer may, at its option and expense, procure for the College the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the College agrees to return the article, on request, to the proposer and receive reimbursement. If the proposer used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

41. VERIFICATION OF EMPLOYMENT: In accordance with State of Florida Office of the Governor Executive Order Number 11- 02, the proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all persons employed during the contract term by the proposer to perform employment duties within Florida and all persons (including sub-consultants) assigned by the proposer to perform work pursuant to the contract with Tallahassee Community College.

42. PROHIBITION AGAINST CONTINGENT FEES: Vendors/Suppliers are hereby notified that any contract entered into by the College will contain a prohibition against contingent fees as follows: “The vendor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the vendor to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the vendor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, the College shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration, and to disqualify the vendor from future contracts with the College for a period up to five (5) years.

43. OPEN COMPETITION: The College encourages free and open competition among proposers. Whenever possible, specifications, qualification invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College’s needs and the accomplishment of a sound economical operation. The proposer’s signature on its Statement of Qualifications guarantees that the proposer, its agents, officers or employees have not bribed or attempted to bribe or influence in any way an officer, employee or agent of the College.

44. SPECIAL CONDITIONS: Any and all special conditions and specifications attached here to which vary from these general conditions shall have precedence.

45. DEBARMENT: The College, when using Federal funds may not solicit offers from, award contracts to or consent to sub-contract with contractors debarred, suspended or proposed for debarment, and may disapprove or not consent to the selection (by a contractor) of an individual to serve as a principal investigator, as a project manager, in a position of responsibility for the administration of Federal funds, or in another key personnel position, if the individual is listed in the Excluded Parties List System (EPLS). Also, the College shall not conduct business with an agent or representative of a contractor if the agent's or representative's name is listed in the EPLS. The College shall review the EPLS before conducting a pre-award survey or soliciting proposals, awarding contracts, renewing or otherwise extending the duration of existing contracts, or approving or consenting to the award, extension, or renewal of sub-contracts.

46. LOBBYING: Proposer or Contractor is prohibited from using funds provided under this ITB for the purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government.

47. RECORDS OF RETENTION: Contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General as per Federal Acquisition Regulation 52.212-5 Subpar 4.7.

48. SELECTION PROCESS: The successful company will be selected based on the evaluation criteria described in the applicable sections of this ITB.

49. ASSIGNMENT: Neither this ITB nor any duties or obligations assumed under any agreement or contract(s) resulting from this ITB shall be assigned by Firm without prior written consent of the College.

50. PROPOSER WARRANTY OF ABILITY TO PERFORM: Proposer shall warrant that there is no action suit, proceeding, inquiry, or investigation, at law or equity, before or by a court, governmental agency, public board or body, pending or, to the best of the proposer’s knowledge, threatened, which would in any way prohibit, restrain, or enjoin the execution or delivery of the proposer’s obligations or diminish the proposer’s obligations or diminish the proposer’s financial ability to perform the terms of any proposed contract with the College.

51. INDEPENDENT PROPOSER: Nothing herein is intended or shall be construed as in any way creating or establishing the relationship of co-partners between the parties or in any way making the proposer the agent or representative of the College for any purpose in any manner whatsoever. Proposer is, and shall remain, an independent contractor with respect to all services performed.

52. QUALIFICATIONS MODIFICATION: A proposer may change the Statement of Qualifications at any time prior to opening;

however, no oral modification will be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Statement of Qualifications, which are addressed in the same manner as the Statement of Qualifications, and are received by the College’s Director of Procurement and Auxiliary Services, Attn:

Dustin Frost before the scheduled opening time will be accepted. The Statements of Qualifications, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope; which is plainly marked A Modification of Qualifications with the proposer’s name.

53. AMERICANS WITH DISABILITIES ACT OF 1990 AND SUBSEQUENT REGULATION, 1991 AND 2010: If special accommodations are required in order to attend the Pre-proposal meeting and/or the Statement opening, contact Dustin Frost, Director of Procurement and Auxiliary Services (850) 201-8484.

54. PROPOSED MATERIALS: The material submitted in response to the ITB becomes the property of the College and is to be appended to any formal document, which would further define or expand the contractual relationship between the College and the proposer.

55. PROPRIETARY MATERIAL: All rights to proprietary material must be transferable to the College in the event the firm goes out of business.

56. OWNERSHIP OF WORK PRODUCTS: The College will be considered the owner of all work products produced under any contract that results from this ITB.

57. ERRORS AND OMISSIONS: The proposer is expected to comply with the true intent of this ITB taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the proposer suspect any error, omission, or discrepancy in the specifications or instructions, the proposer shall immediately notify the College, in writing, and the College shall issue written instructions to be followed. The proposer is responsible for the contents of its Statement of Qualifications and for satisfying the requirements set forth in the ITB.

58. FIRM’S RESPONSIBILITY: It is understood and the proposer hereby agrees it shall be solely responsible for all services it proposes, notwithstanding the detail present in the ITB.

59. PROPOSAL REJECTION: The College shall have the right to reject any or all Statements of Qualifications and in particular to reject a Statements of Qualifications not accompanied by data required by the ITB or a Statements of Qualifications in any way incomplete or irregular. Conditional Statements of Qualifications will not be accepted.

60. PERFORMANCE INQUIRY: As part of the evaluation, the College may make inquiries to determine the ability of the proposer to perform the work. Please provide references as stated in the Previous Experience section of the Instructions for Preparing Proposals in this ITB, preferably from other educational institutions, that shall include the complete name, address, telephone number, and contact person.

61. GOVERNING LAW AND VENUE: This contract, and any disputes hereunder, shall be construed in accordance with the laws of the State of Florida and enforced in the courts of the State of Florida. The College and proposer hereby agree that venues shall lie in Leon, Gadsden or Wakulla County, Florida.

62. SPECIAL CONDITIONS: Any and all special conditions and specifications attached here to which vary from these general conditions shall have precedence.

63. JESSICA LUNSFORD ACT: The Vendor shall ensure, at its own expense, required fingerprint-based criminal history record checks are conducted on all vendor employees assigned to the SFA and results are provided to the SFA per the Jessica Lunsford Act, section 1012.32, Florida Statutes.

64. SUBMITTAL: Proposals must be received by the TCC Purchasing Office by May 25, 2023 at 1:45 pm EDST.

Proposal Number: ITB 2023-07 Proposals will be opened: May 25, 2023 at 2:00 pm EDST Proposals Will Be Opened in the TCC Purchasing Office (see address below) Send Proposal to:

Tallahassee Community College Purchasing Department Administration Building 27, Room 193 444 Appleyard Drive Tallahassee, Florida 32304

INSURANCE REQUIREMENTS

1. REQUIREMENTS:

During the performance of the services under this contract, contractor shall maintain the following insurance policies reflecting at least the minimum amounts and conditions as follows:

A. Minimum Limits:

1. General Liability Insurance with all of the following:

a. Bodily injury limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate

b. Property damage limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate

2. Automobile Liability Insurance with all of the following:

a. Bodily injury limits of not less than $500,000 for each person

b. Not less than $500,000 for each incident

c. Property damage limits of not less than $500,000 for each accident

3. Workers’ Compensation Insurance in accordance with statutory requirements, as well as the following:

a. Employer’s liability insurance with limits of not less than $100,000 for each accident

b. $100,000 for each disease

c. $500,000 aggregate

4. Professional Liability, when applicable for services provided, not less than $1,000,000 per occurrence/$2,000,000 aggregate

B. Conditions:

1. Policies must be written by an insurance company authorized to do business in Florida.

2. Policies other than Worker’s Compensation shall be issued only by companies authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida and which maintain a rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best Company. Policies for Worker’s Compensation may be issued by companies authorized as a group self-insurer by Florida Statute 440.57.

3. The College’s Executive Director of Procurement and Auxiliary Services or designee may verify ratings at A.M.

Best’s website: www.ambest.com/ (regarding item 1B2 above).

4. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the Certificate(s) of Insurance.

5. Contractor shall furnish the College Certificates of Insurance that shall include a provision that policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the College.

6. Contractor shall include the College as an additional insured on the General Liability and Automobile Liability insurance policy required by the contract. All of the contractor’s sub-contractors shall be required to include the College and contractor as additional insured on their General Liability insurance policies.

7. If an “ACCORD” Certificate of Liability Insurance form is used by the contractor’s insurance agent, the words “endeavor to” and “... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” in the “cancellation” paragraph of the form shall be deleted.

8. The contractor shall not commence work under this contract until all insurance required as stated herein has been obtained and the College has approved such insurance.

9. “Claims made” insurance policies are not acceptable.

2. MISREPRESENTATION:

Misrepresentation of any material fact, whether intentional or not, regarding the firm’s insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing contract.

3. GOVERNMENTAL ENTITIES:

In the event the firm is a governmental entity, different insurance requirements may apply.

END OF SECTION

EVALUATION PROCESS/CRITERIA

1. EVALUATION METHOD:

A. If necessary, the evaluation process will consist of an Evaluation Committee composed of TCC staff members, selected by the College’s Vice President for Administrative Services, that will conduct an initial evaluation of all written proposal responses. The selection committee will make a final recommendation to award based on all written proposals and other factors in the best interests of the College.

B. The College shall be the judges of this project’s best interests, the proposals, and approval of the resulting contract.

The College’s decision will be final. The College shall be the sole judge of its own best interests, the proposals, and approval of the resulting contract.

2. NON-RESPONSIVE AND/OR DISQUALIFIED PROPOSALS:

A. Non-responsive and/or Disqualified proposals will be rejected by the Purchasing Department and will not be distributed to the evaluation committee for consideration. Additionally, the evaluation committee may determine that required submittals/documentation is so inadequate as to be determined to be non-responsive and/or disqualified. Non-responsive and/or Disqualified proposals may include, but are not limited to the following:

1. Failure to sign the proposal

2. Failure to acknowledge addenda

3. Failure to provide required submittals/documentation/Mandatory Forms

4. Submission of a late proposal

5. Submission of a proposal that contains conflicting terms and conditions than those listed by the

College

6. Proposer does not meet minimum mandatory requirements

3. STATEMENT OF QUALIFICATION:

A. To ensure that all ITB’s are fairly evaluated it is very important that the ITB’s are prepared according to the prescribed format.

4. EVALUATION CRITERIA

A. Primary factors used to decide the award hereunder will be the lowest responsible bidder. Other factors that may be used in the evaluation of this bid could be the Bidder’s past performance.

Bid tabulations will be posted for review by interested parties at Solicitation - Tallahassee Community College (fl.edu). The tabulation will remain posted for a period of seventy-two (72) hours.

B. Identical/Tie Scores: In the event two (2) or more Bidders are deemed equal during the evaluation process, the following criteria, in order of importance, shall be used to break said tie:

1. Drug Free Work Place

2. Bidder’s place of business is within Gadsden, Leon, and Wakulla Counties

3. Bidder’s place of business is within the State of Florida

4. Flip coin.

GENERAL INFORMATION

PURCHASING AGREEMENTS WITH OTHER PUBLIC AGENCIES:

A. All firms submitting a response to this ITB agree that such response also constitutes an offer to all public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, unless an exemption is submitted with the proposal. The exemption should be submitted on a separate form with the Statement of Qualifications and labeled Exemption to Purchasing Agreements with other Public Agencies.

B. Each public agency desiring to accept these proposals, and make an award thereof, shall do so independently of any other public agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by the virtue of this ITB.

SCHEDULE OF EVENTS:

The College will attempt to adhere to the following schedule of events:

Date Time Description

April 18, 2023 11:00

AM

Release of ITB to Public, Posted on MyFloridaMarket Place & Solicitation - Tallahassee Community College (fl.edu)

May 5, 2023 5:00

PM

Deadline for Written Questions / Requests for Information

Questions must be submitted in writing via email to Dustin Frost, Director of Procurement and Auxiliary Service Dustin.frost@tcc.fl.edu

May 12, 2023 5:00

PM

Anticipated Date of official response to questions via Question and Answer Form will be posted on MyFloridaMarket Place & Solicitation - Tallahassee Community College (fl.edu)

May 25, 2023 1:45 PM Proposals Due

May 25, 2023 2:00 PM Proposal Opening

May 30, 2023 10:00 AM Proposal Evaluations Meeting

June 20, 2023 2:30 PM Recommendation to Board of Trustees https://www.tcc.fl.edu/about/college/administrative-services/purchasing/solicitation/ mailto:Dustin.frost@tcc.fl.edu https://vendor.myfloridamarketplace.com/

PROPOSAL SPECIFICATIONS

1. SCOPE OF SERVICES SOUGHT

A. Statement of Qualifications

This Invitation to Bid (ITB) is for the purpose of obtaining responses from caterers and vendors to provide meal services for Tallahassee Collegiate Academy at Tallahassee Community College (SFA). Meal programs will include the United States Department of Agriculture’s (USDA) National School Lunch Program (NSLP), Seamless Summer Option (SSO), and/or the School Breakfast Program (SBP). The SFA is a public charter school located in Tallahassee, Florida. The goal of the Food Service Program is to provide free and reduced priced meals as well as general priced meals to the students at the charter school who would elect to get a school lunch

B. Background Tallahassee Colligate Academy is a STEM Charter High School located on the campus of Tallahassee Community College, serving 400 students in 9-12th grades.

C. Overview The VENDOR shall provide the type of food service for approximately 180 days (NSLP) 0 days (SSO). The SFA may add or remove sites and/or meal periods for programs covered by this contract at any time during the period of the contract unless the addition or removal of sites and/or meal periods creates a material or substantive contract change.

The SFA reserves the right to maintain, add to, and/or remove present food and beverage vending machines in its facilities.

The VENDOR shall be an independent contractor and not an employee of the SFA. The employees of the vendor shall be considered solely employees of the vendor and shall not be considered employees or agents of the SFA in any fashion.

The VENDOR shall provide food service in compliance with the rules and regulations of the Florida Department of Agriculture and Consumer Services (“FDACS”) and the USDA regarding Child Nutrition Programs.

D. Specifications

VENDOR RESPONSIBILITIES

• The VENDOR shall provide its services hereunder at all times in accordance with generally accepted standards of care and best practices in the industry.

• The VENDOR shall deliver meals as requested by the SFA to sites at the specified locations at the times listed on Exhibit A or as designated by the SFA.

• The VENDOR shall adhere to the 21-day cycle menu(s) and portion sizes specified by the SFA on Exhibit B for the first 21 days of meal service. Thereafter, changes in the menu(s) may be made with prior approval of the SFA.

The meals must meet the Food-Based Menu Planning Approach as designated herein by the SFA for each Term of the Contract and all subsequent renewals, if applicable. Meals must meet or exceed the calories and meet the nutrient standards for National School Lunch, School Breakfast, and/or summer meals programs for the age/grade groups of school children and as listed in Exhibit C.

• The serving sizes provided by the SFA on the 21-day cycle menu(s) are, in most cases, based on the required minimum serving sizes stated in Exhibit C. If the serving sizes for the food items indicated on the menu(s) do not meet the required weekly calorie and nutrient standards as stated in Exhibit C, the vendor must increase serving sizes and/or provide additional food items as necessary to meet the calorie and nutrient standards without altering the 21-day cycle menu(s). Serving sizes may not be decreased unless otherwise stated in this Invitation to Bid and Contract. The vendor shall provide the menu cycle to the SFA ten days prior to the month it begins.

• The VENDOR shall be responsible for providing meals and menus appropriate for the age of the students served and acceptable to students evidenced by a minimum of plate waste and participation levels in the National School Lunch, School Breakfast, and/or Summer Food Service Program meals, as applicable.

• The VENDOR is required to substitute food components of the meal pattern for students with disabilities in accordance with 7 C.F.R. § 15b when the disability restricts their diet and is permitted to make substitutions for students without disabilities when they are unable to eat regular meals because of a medical or special dietary need. Substitutions are made on a case-by-case basis and must be supported by a statement of the need for substitutes that includes the recommended alternate foods, unless otherwise exempted by the Food and Nutrition Service, USDA. In the case of a student with disabilities, the statement must be signed by a medical doctor. For students without disabilities, the statement must be signed by a recognized medical authority.

• The vendor shall be responsible for the quality and wholesomeness of meals up to and including delivery to the

SFA.

USDA FOODS

• Any USDA Foods received for use by the SFA and made available to the VENDOR shall be utilized within the specified

Term of this Contract in the SFA’s food service operation for the preparation and service of meals and for other allowable uses in accordance with the Code of Federal Regulations, 7 C.F.R. Part 250.

• The VENDOR shall accept and use USDA Foods in as large a quantity as may be efficiently utilized in the nonprofit food service subject to approval of the SFA.

• The VENDOR shall manage all USDA Foods to ensure the foods are utilized in the SFA’s food service.

• The VENDOR shall utilize all USDA ground beef, ground pork, and processed end products received in the SFA’s food service. Commercially-purchased foods shall not be substituted for these foods.

• The VENDOR shall utilize all other USDA Foods or substitute commercially-purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods as determined by the SFA, in the SFA’s food service.

• The VENDOR shall credit the SFA’s monthly bill/invoice the current market value of all USDA foods received during each Contract Term as the foods are used in the SFA’s food service. The VENDOR must credit the SFA for all USDA Foods received for use in the SFA’s food service each Contract Term whether the USDA Foods have been used or not. Such credit shall be issued in full prior to the expiration of each Contract Term.

• Credit issued by the VENDOR to the SFA for USDA foods received during each Contract Term and used in the SFA’s food service shall be recorded on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled. Attached to the invoice shall be a detailed list identifying each received USDA Foods item used in the SFA’s food service and each USDA Foods item credit issued for unused USDA Foods, along with the current market value as issued by the FDACS.

• The current value of USDA Foods is based on the information listed on the SFA’s Web-Based Supply Chain

Management (WBSCM) Requisition and by the Requisition Status Report. If not listed, the current market value of USDA Foods will be based on the prices issued by the FDACS.

• The SFA shall ensure the method and timing of crediting does not cause its cash resources to exceed limits established in 7 C.F.R. § 210.9(b)(2).

• At the end of each Contract Term and upon expiration or termination of the Contract, a reconciliation shall be conducted by the SFA to ensure and verify correct and proper credit has been received for the full value of all USDA Foods received by the VENDOR during each Contract Term for use in the SFA’s food service.

• The SFA shall verify receipt of USDA Foods shipments through its electronic records or by contacting the FDACS or processor as applicable.

• The SFA reserves the right to conduct commodity credit audits throughout each Contract Term to ensure compliance with federal regulations 7 C.F.R. Part 210 and Part 250.

• The VENDOR must accept liability for any negligence on their part that results in any loss, damage, out of condition, or improper use of USDA Foods not yet credited to the SFA, and shall credit the SFA either monthly or through a fiscal year-end reconciliation.

• The SFA and VENDOR shall consult and agree on end products to be produced from USDA Foods during each

Contract Term. If the SFA and VENDOR cannot agree on end products, the VENDOR shall utilize the USDA Foods in the form furnished by the USDA.

• If the VENDOR acts as an intermediary between a processor and the SFA, the VENDOR shall credit the SFA the current market value of the USDA Foods contained in the processed end products unless the processor is providing such credit to the SFA. Such credit shall be issued to the SFA on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled.

• The VENDOR shall not enter into any processing agreements with a processor as required in subpart C of 7 C.F.R.

Part 250. The VENDOR shall also not enter into any subcontracts for further processing of USDA Foods.

• The VENDOR shall have records maintained and available to substantiate the receipt, use, storage, and inventory of USDA Foods. The VENDOR must submit to the SFA monthly inventory reports showing all transactions for processed and non-processed USDA Foods.

• The SFA, the FDACS, the Auditor General, and the USDA, or their duly authorized representatives, may perform on-site reviews of the VENDOR’s food service operation, including the review of records, to ensure compliance with the requirements of this Contract and federal regulations 7 C.F.R. Part 210 and Part 250.

• The VENDOR shall return all unused USDA ground beef products, ground pork products, and processed end products to the SFA upon termination, expiration, or non-renewal of the Contract.

• At the discretion of the SFA, the VENDOR may be required to return other unused USDA Foods to the SFA upon termination, expiration, or…