ODE CNP PAs RFP 13701_DOJ Approved_final_v2.pdf

STATE OF OREGON

COVER PAGE

The Department of Administrative Services, State Procurement Services (“DAS SPS”), on behalf of the Oregon Department of Education (“ODE”)

Is issuing this Request for Proposals (“RFP”) under OregonBuys Bid Number S-DASOBO-00013701 for

UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA”)

CHILD NUTRITION PROGRAM FOOD DISTRIBUTION

AGREEMENTS

Date of Issue: October 15, 2025

Opening Date and Time: November 18, 2025 at 2:00PM (PT)

Single Point of Contact (SPC): Jordan Sim, State Procurement Analyst Address: 1225 Ferry St. SE City, State, Zip: Salem, OR 97301 Phone: (971) 375-5154 E-mail: jordan.r.sim@das.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

2.5 SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 OREGONBUYS, REGISTRATION REQUIRED

3.2 MINIMUM QUALIFICATIONS

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.4 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 ADDITIONAL ROUNDS

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE PRICE AGREEMENT

• Att A_Sample Price Agreement_Final.docx

Attachment A is found as one (1), twenty-seven (27) page separate upload on OregonBuys

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

• Att B_Disclosure Exemption Affidavit.docx

Attachment B is found as one (1), three (3) page separate upload on OregonBuys

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

• Att C_Proposer Info and Cert.docx

Attachment is found as one (1), two (2) page separate upload on OregonBuys

ATTACHMENT D - REFERENCE CHECK FORM

• Att D_Reference Check.docx

Attachment D is found as one (1), one (1) page separate upload on OregonBuys

ATTACHMENT E - PRODUCT SPECIFICATION FORM

• Att E_Product Specs.xlx

ATTACHMENT F - COBID CERTIFICATION / OUTREACH PLAN

• Att F_COBID Plan.docx

Attachment F is found as one (1), two (2) page separate upload on OregonBuys

ATTACHMENT G - RESPONSIBILITY INQUIRY

• Att G_Resp Inquiry.docx

Attachment G is found as one (1), three (3) page separate upload on OregonBuys

ATTACHMENT H - CERTIFICATION REGARDING LOBBYING

• Att H_Certification-Regarding-Lobbying.pdf

Attachment H is found as one (1), three (3) page separate upload on OregonBuys

ATTACHMENT I - SUSPENSION AND DEBARMENT CERTIFICATION

• Att I_Suspension and Debarment Certification.docx

Attachment I is found as one (1), two (2) page separate upload on OregonBuys

ATTACHMENT J - CIVIL RIGHTS ASSURANCES FOR VENDOR CONTRACTS

• Att J_Civil_Rights_Assurances for Vendor Contracts.docx

Attachment J is found as one (1), two (2) page separate upload on OregonBuys

ATTACHMENT K – INDEPENDENT CONTRACTOR CERTIFICATION

• Att K_Independent Contractor Cert.docx

Attachment K is found as one (1), one (1) page separate upload on OregonBuys

ATTACHMENT L – CERTIFICATION REGARDING FEDERAL MATTERS

• Att L_Cert Regarding Federal Matters.docx

Attachment L is found as one (1), two (2) page separate upload on OregonBuys

ATTACHMENT M – BUY AMERICAN

• Att M_By American.docx

Attachment M is found as one (1), one (1) page separate upload on OregonBuys

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ATTACHMENT N – WAIVER REQUEST FOR FOREIGN FOOD PRODUCTS

• Att N_Waiver Req for Foreign Food.docx

Attachment N is found as one (1), one (1) page separate upload on OregonBuys

ATTACHMENT O – CLEAN AIR AND WATER CERTIFICATE

• Att O_Clean Air Water Cert.docx

Attachment O is found as one (1), two (2) page separate upload on OregonBuys

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS” or “Agency”), on behalf of the Oregon Department of Education (“ODE”) is issuing this Request for Proposal under the provisions of ORS 279B.060 to establish United States Department of Agriculture (“USDA”) Food Distribution Program (“FDP”) Price Agreements with food Processors for USDA apples, beef, cheese, chicken, fish, peanuts, pork, and turkey processed end-products manufactured by USDA-approved processors and commonly used in Oregon’s Child Nutrition Programs (“CNPs”) K12 nutrition.

A public or private nonprofit organization, which is approved to operate a CNP as defined in 7 CFR 210, 225, 226, and 250, is also referred to as a Recipient Agency (“RA”) when they participate in the USDA FDP. ODE receives USDA Foods entitlement from USDA annually for use in the CNP National School Lunch Program (NSLP) and distributes entitlement dollars to eligible RAs based on their previous year NSLP meal counts. RAs participating in the USDA Foods Diversion- Processing program can spend some of their entitlement on diverting USDA Foods materials (apples, beef, cheese, chicken, fish, peanuts, pork or turkey) to Oregon-approved processors for further processing into selected finished K12 end-products, which can then be procured by the RAs directly from the processors or through their distributors.

Currently, there are over 200 organizations operating the USDA Foods Program in CNP NSLP and over 60 of them participate in the USDA Diversion-Processing program.

The purpose of this RFP is to establish Price Agreements for use by the RAs to assist them with the procurement of USDA Foods processed end-products. A successful proposer will not receive any payment from ODE, and ODE will not provide or process any USDA Foods. ODE is acting as the intermediary between the Processor and the RA to establish Price Agreements for the USDA Foods Processed End-Products in CNP NSLP in Oregon.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

In an effort to provide a benefit to RAs, DAS SPS, on behalf of ODE, anticipates the award of multiple Price Agreements from this RFP. Refer to Section 5.4.2 of this RFP for Processor selection methodology. DAS SPS, on behalf of ODE, intends to award one (1) price agreement for each unique USDA Foods Processed End Product.

The initial term of the Price Agreement(s) is anticipated to be 1 year, beginning in February 2026, with options to renew yearly up to a cumulative maximum of 5 years. Renewal terms will be offered at ODE’s sole discretion and are subject to written mutual agreement.

Any purchases made by an RA under a Price Agreement resulting from this RFP must be authorized by purchase orders or other ordering instruments issued by RAs in accordance with proper procurement methods and the ordering procedures described in Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific number of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, DAS SPS, on behalf of ODE may conduct separate solicitations or award project-specific contracts or

S-DASOBO-00013701 USDA CNP Food Distribution PAs 5 of 28 purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference October 28, 2025 10:00 AM PST

Questions / Requests for Clarification Due November 3, 2025 2:00 PM PST

Answers to Questions / Requests for Clarification Issued (approx.) November 7, 2025

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) December 15, 2026

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Category: means the type of raw food material that is purchased and provided to the awarded Processors. (Examples: apples, beef, cheese, chicken, fish, peanuts, pork, and turkey).

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End-Product: means the menu item that an RA can purchase from Contractor. Each unique End-Product will be awarded based upon the Contractor’s end score. Award is outlined further in Section 5.4.

National Processing Agreement (“NPA”): means a processing agreement between a multi-state Processor and USDA where USDA approves all end product data schedules and holds the surety instrument for inventory protection. This is used in conjunction with State Participating Agreements signed between an individual state and a Processor.

ODE Food Distribution Contact: means the State of Oregon’s contact for the USDA FDP. The current contact is Damasita Sanchez, Manager, USDA Foods, CNP Procurement, and Farm to

CNP.

Processor: means a company that makes and sells end products using USDA Foods ingredients.

Processors must have agreements with USDA that explicitly account for the utilization and value of the USDA Foods used.

Specifications (also “Characteristics”): means the specific attributes of the Goods to be purchased or Services to be provided, if any, described in Attachment E.

State Participation Agreement (“SPA”): means an agreement between an individual state and a multi-state Processor, which defines how the Processor may do business in that particular state. The SPA is used in conjunction with the NPA.

Summary End Product Data Schedule (“SEPDS”): means the list of all approved products offered by a Processor. It is generated from the end product data schedules submitted to USDA and includes only the crediting information. It is available to states and RAs.

USDA Foods: means food products approved for distribution by USDA through the USDA Foods Distribution System.

2.3 OVERVIEW AND PURPOSE

2.3.1 ODE Overview and Background

ODE’s USDA FDP seeks to strengthen the nation’s nutrition safety net by providing food and nutrition assistance to school children and families and supporting American agriculture by distributing high-quality, 100% American-grown USDA Foods.

The mission of ODE’s CNP is to administer and provide leadership and assistance to RAs of USDA food and nutrition programs to support the growth and development of Oregon’s children so they will reach their highest potential for life-long learning, health and well-being.

2.3.2 Project Overview, Background and Purpose

The purpose of this RFP is to establish Price Agreements for use by the RAs in accordance with federal, state, and local procurement requirements. ODE seeks to obtain the best quality products at the lowest reasonable prices for USDA Foods end products. Through the award of resulting Price Agreements, RAs will be able to buy quality products at no higher than the contracted prices throughout the term of the Price Agreement.

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Based on Processor volume reports provided during the last 5-year period, the annual finished end product value is estimated to be over $1 million (all items combined).

With this RFP, ODE is seeking food Processors to process USDA Foods into end products commonly used in Oregon Schools. The USDA Foods to be processed under this RFP are apples, beef, cheese, chicken, fish, peanuts, pork, and turkey products.

The establishment of Price Agreements through this RFP will eliminate barriers that prevent RAs from participating in the processing aspect of the USDA FDP. This will increase participation and thus the number of meals served so that more Oregon children will benefit.

For Processors, this will result in an increase in the amount of USDA Foods received and processed into end products that help support American agriculture.

2.4 SCOPE OF WORK

End products from USDA Foods (apples, beef, cheese, chicken, fish, peanuts, pork, and turkey) for RAs to purchase.

2.5 SPECIFICATIONS

2.5.1 NUTRITIONAL REQUIREMENTS

2.5.1.1. A Nutrition Facts label must accompany each product submitted in Proposal. The labels must comply with federal label laws. Allergen information must accompany Nutrition Facts label.

Nutrition label or manufacturer’s specifications must specify zero grams of trans fat per serving. A Proposal that includes a product with any trans fat will not be considered for that product and DAS SPS reserves the right not to consider the entire Proposal.

2.5.1.2. USDA Foods processed end products must contribute toward the meal pattern as required in 7 CFR 210, National School Lunch Program, and 7 CFR 220, School Breakfast Program. Two types of documentation are acceptable and must accompany all products submitted in Proposal; and Proposer must indicate on the Product Specification Form (Attachment E), which piece of documentation is being used:

Child Nutrition (“CN”) labels – The federal CN Label webpage says “A CN label is authorized by USDA and provides a warranty of a product’s meal pattern contribution when the processed product is used according to the manufacturer’s instructions.”

OR

Manufacturers Product Formulation Statement (“MPFS”) – The MPFS is a manufacturer’s authorized statement of the contribution of a product toward the meal pattern. An MPFS is typically provided for processed products that do not have a CNP label.

2.5.1.3 Finished products that contain grain ingredients must meet the whole-grain rich standard or contain 100% enriched flour to credit the grains toward the grain component in the meal pattern. “Whole grain-rich” is the term used by USDA to indicate that the grain content of a product is between 50 and 100 percent whole grain with any remaining grains being

S-DASOBO-00013701 USDA CNP Food Distribution PAs 8 of 28 enriched grain/meal/flour. The total weight of grain in the finished product must be at least

0.25 ounce equivalent per served portion to credit towards the grain component of the meal pattern. At least 1 of the following criteria must be true for an item to count as whole-grain rich:

• Must contain at least 8 grams of whole grain per ounce equivalent,

• Product includes FDA’s whole grain claim on the packaging, or

• In mixed dishes, whole grains must be the primary grain ingredient by weight.

Note that grains offered in amounts less than 0.25 ounce equivalent cannot be included in the calculation of daily and weekly grain offerings.

If the grain ingredients in the finished product are not whole-grain rich or 100% enriched, they are considered an “extra” food, counting toward the dietary specifications (calories, sodium, saturated fat and trans fat) and not the grains meal component.

2.5.1.4 Proposer must indicate amounts of sodium on the Product Specification Sheet (Attachment E). All finished products offered should fall within the following per portion, as served range:

• < 460 mg sodium per serving

2.5.2 General Requirements

2.5.2.1 Diverting – Under the Price Agreement, RAs and ODE will work together to determine what USDA Foods to divert to Processor based on Processor’s state-submitted SEPDS for finished end products.

2.5.2.2 Processing – Under the Price Agreement, the Processor will convert the USDA Food to the specific products listed and deliver the product to the designated location as determined by each RA.

2.5.2.3 Value Pass-Through Systems (“VPT”) – ODE allows the use of the VPTs listed below.

Processors shall maintain delivery or billing invoices; refund applications; canceled checks or other documentation needed to substantiate the proper value pass-through occurred.

• Refund or Rebate to Recipient Agency

• Direct Discount to Recipient Agency

• Indirect Discount (NOI) to Recipient Agency

• Fee for Services – Direct Ship to Recipient Agency

• Fee for Services – through a distributor

2.5.2.4 Deliveries – Finished product shipping charges shall be negotiated between RA and Processor and shall not be paid by ODE. Terms shall be included in the RA’s ordering instrument. All items shall be delivered Freight on Board (“FOB”) destination to:

• RA’s location, or

• 3rd party location identified by the RA (e.g. Commercial Distributor, Commercial Food Storage Facility, ODE’s contracted State Warehouse for Direct Delivery USDA Foods, etc.).

Processor and RA shall mutually agree upon a delivery schedule to selected facility, and Processor will provide prompt notification to the RA of any changes to the schedule or charges.

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All changes shall be agreed to by RA prior to Processor’s fulfillment. ODE may request from Processor, shipping destinations and shipping charges to each RA.

Processor must indicate estimated end product shipping costs. This is for information only and is not part of the RFP scoring criteria.

Processors must provide professional delivery service, including but not limited to:

• Use of clean trucks with lift gates; and

• Trucks that maintain temperature and other conditions in accordance with USDA, applicable health laws and regulations, and product handling instructions.

2.5.3 Additional Requirements

2.5.3.1 Customer Service – Processor or their broker designee shall generally have customer service representatives available during regular business hours, which are 8:00 AM to 5:00 PM Pacific Time, Monday through Friday, excluding holidays. Processor shall respond to phone calls, voicemail, and email messages left by RAs within 48 hours, excluding weekends and holidays.

Processor shall designate a customer service representative who will be responsible for addressing RA issues.

2.5.3.2 The NPA or SPA will contain USDA processing requirements. A number of the USDA processing requirements may direct the Processor to contact ODE for its review, approval, or concurrence of specific actions. The Processor shall send these to ODE’s Food Distribution Contact via email to ode.usdafoods@ode.oregon.gov.

2.5.3.3 Volume Sales Reports – Processor shall furnish to ODE annually prior to any Price Agreement extension, a report of sales of end products to RAs. The reports shall provide the following information:

• Bid item number;

• Authorized RA’s name;

• Authorized RA’s purchase order or other ordering instrument number;

• Date ordered;

• Quantity of each bid item ordered; and

• Unit purchase price and extended total for each bid item

2.5.3.4 Buy American – Selected Processor will be required to comply with the Buy American Act. The State of Oregon and its RAs participate in the National School Lunch Program and School Breakfast Program and are required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S.

as provided in 7 CFR 210.21(d).

Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved upon request. To be considered for an alternative or exception, the request must be submitted in writing to the RA, a minimum of 14 days in advance of delivery. The request must include the:

(1) Alternative substitute(s) that is domestic and meets the required specifications:

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• Price of the domestic food alternative substitute(s); and

• Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited or lack of availability or price (include price):

• Price of the domestic food product is significantly higher than the non-domestic product; or

• The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality..

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 OREGONBUYS, REGISTRATION REQUIRED

All Proposers must be registered in OregonBuys (by creating a vendor account) to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso

For assistance with submitting a proposal see https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%2 0Response.pdf.

Proposers are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS SPS is not responsible for defective registration or incorrect vendor information.

CROSSWALK OF TERMS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 125-246-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.) Each Bid Solicitation has a separate page and ID number in OregonBuys.

Bid Opening Date

“Closing” as defined in OAR 125-246-0110(25). In OregonBuys it is the date and time deadline for submitting Proposals and other documents required by a Proposal Solicitation, after which the Proposal “Opening” as defined in OAR 125-246-0110(98) will immediately occur.

Change Order A formal amendment to an existing resulting Contract that is made according to the change order or amendment process set forth in the Contract.

Vendor

Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Solicitations advertised in OregonBuys.

S-DASOBO-00013701 USDA CNP Food Distribution PAs 11 of 28 https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

3.2 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.2.1 Hold an approved NPA with USDA and a SPA or Master Processing Agreement with

ODE;

3.2.2 Be a USDA or Oregon food Processor that produces creditable end products that contribute to meeting the meal pattern requirements of 7 CFR 210, National School Lunch Program, and 7 CFR 220, School Breakfast Program;

3.2.3 Comply with all USDA FDP governing regulations located at 7 CFR 250;

3.2.4 Make available for taste testing each product that Proposer proposes to provide according to the Schedule (Section 1.2). Minimum quality for taste testing is one full case, quantity may be increased with agreement between Parties.

3.3 MINIMUM SUBMISSION REQUIREMENTS

3.3.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Administrative Proposal

• Technical Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Product Specification Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Certification Regarding Lobbying (Attachment H)

• Suspension and Debarment Certification (Attachment I)

• Civil Rights Assurance (Attachment J)

• Independent Contractor Certification (Attachment K)

• Certification Regarding Federal Matters (Attachment L)

• Waiver Request for Foreign Food Products (Attachment N)

• Clean Air and Water Certificate (Attachment O)

3.3.2 Proposal Page Limits

Proposal is limited to 20 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

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• Proposer Information and Certification Sheet (Attachment C)

• Reference Check form (Attachment D)

• Product Specification Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Certification Regarding Lobbying (Attachment H)

• Suspension and Debarment Certification (Attachment I)

• Civil Rights Assurance (Attachment J)

• Independent Contractor Certification (Attachment K)

• Certification Regarding Federal Matters (Attachment L)

• Waiver Request for Foreign Food Products (Attachment N)

• Clean Air and Water Certificate (Attachment O)

3.3.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

• If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall indicate so on the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark affected documents (including attachments) on its Proposal as “Confidential” in OregonBuys that Proposer believes are exempt from disclosure.

• Proposer shall submit one Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). Electronic signatures are acceptable.

• The Price Proposal must be submitted as a separate document.

3.3.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposer Information and Certification Sheet (Attachment C) may result in rejection of the Proposal by DAS SPS.

3.4 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the

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RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.4.1 Administrative Proposal

Provide a company background or history and explain how Proposer is qualified to provide the services described in this RFP. Include a discussion about how Proposer meets the minimum requirements stated in Section 3.2 as well as the length of time Proposer has been providing these types of services, and a copy of Proposer’s most recent food safety inspection, license, or certification. Provide examples in which Proposer has provided these types of services to schools:

include volume, product types, and length of service.

3.4.2 Technical Proposal

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work. Provide a copy of Proposer’s written policy or procedure for handling returns and recalls related to food safety and provide a summary of Proposer’s recall history for the past 5 years.

Describe Proposer’s knowledge of the use of antibiotics and hormones in beef production and discuss Proposer’s efforts and process for reducing antibiotics and hormones in their processed beef end products, which includes the Processor-added beef to the end product (not USDA Foods portion).

Describe which Value Pass-Through Systems Proposer offers to RA, if any.

3.4.3 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.4.4 References

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last two (2) years on Reference Check Form (Attachment D). References must be able to verify the quality of previous, related Work.

References will not be scored, but ODE may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. ODE may use references to obtain additional information, or verify any information needed. ODE may contact any reference (submitted or not) to verify Proposer’s qualifications.

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3.4.5 Product Specification

Submit a completed Product Specification Form (Attachment E), as well as end product ordering, delivery, and preparation instructions for each product that a Proposer proposes to provide.

Complete all tabs, Categories, and Sub-Categories for each unique End-Product that Proposer intends to Propose.

Example: If proposer intends to Propose for Chicken Products only, Proposer must complete all columns for each unique End-Product Proposer can supply as an individual line item.

Proposer can submit multiple End-Products with the same description as long as at least one of the characteristics included on Attachment E (also below) is unique from the other proposed End-Products:

• Product Information;

• Product Characteristics;

• Nutrition Facts; or

• Crediting.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding by ODE or DAS SPS. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

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Pre-proposal Conference will be held on October 28, 2025 at 10:00 am PST via Microsoft TEAMS. Interested parties can attend by electronically as follows (attendees may choose to be on video or audio only):

Be sure to have MS Teams access available on your computer or mobile phone and follow the following link Join the meeting now or via telephone at 503-446-4951, using PIN (737 083 005)

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the RFP (OregonBuys bid) number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

S-DASOBO-00013701 USDA CNP Food Distribution PAs 16 of 28 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGI2ZmExYjUtZGM4NS00NGI4LThjNDMtMGQyZDQ4NGI2OWRl%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22ee632697-e860-4a16-9530-bd856dd3d3f6%22%7d o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS SPS is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this

RFP:

Electronic delivery through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

It is the responsibility of the Proposer to ensure modified Proposals are submitted before the Opening date and time.

A Proposer wishing to make modifications to a Proposal must withdraw its initial Proposal and re-submit its modified Proposal in OregonBuys before the Opening date and time.

If a Proposer wishes to withdraw its Proposal, the Proposer must withdraw its Proposal prior to the Opening date and time.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be NOT held for this RFP. A record of the names of all Proposers who submitted Proposals by the Opening date and time will be posted in OregonBuys once all Proposals have been opened. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

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4.9 PROPOSAL REJECTION

DAS SPS may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on DAS SPS’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.2 (Minimum Qualifications) and Section 3.3 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, DAS SPS may waive mistakes in accordance with

OAR 125-247-0470.

4.10.1.2 Responsibility Determination

DAS SPS will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, DAS SPS may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS SPS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

SPC may request further clarification to assist the Evaluation Committee in gaining

S-DASOBO-00013701 USDA CNP Food Distribution PAs 18 of 28 additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.10.2.1 Evaluation Item 1 - Proposer’s overall qualifications and experience (Section 3.4.1)

• To what extent does Proposer’s background and history position it for success with this project?

• To what extent are Proposer’s qualifications aligned with those required to successfully fulfill this project?

• How well does Proposer’s experience providing these services position it for success with this project?

4.10.2.2 Evaluation Item 2 - Proposer’s technical plan and knowledge (Section 3.4.2)

• To what extent does Proposer’s management plan position Proposer to successfully fulfill this RFP’s requirements?

• How well does Proposer understand the importance of an efficient return and recall process, and does Proposer’s policy support an effective system?

• How well does Proposer understand the issues surrounding hormone and antibiotic usage in beef, cheese, and apples, and how well do Proposer’s reduction efforts support this goal?

4.10.2.3 Evaluation Item 3 – Sodium content (Section 2.5.1.4)

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

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• To what extent does Proposer’s product meet sodium standards?

o Products that meet the standard will receive the full number of available points.

o Products that fall within 20% of meeting the standard will receive half the available points.

o Products that are more than 20% away from meeting the standard will receive 0 points.

4.10.2.4 Evaluation Item 4 – Value Pass-Through Systems

• ODE allows the use of the VPTs listed below. Processors shall maintain delivery or billing invoices; refund applications; canceled checks or other documentation needed to substantiate the proper value pass-through occurred. Proposer will receive 10 points per VPT method they offer.

o o Refund or Rebate to Recipient Agency o Direct discount to Recipient Agency o Indirect Discount (NOI) to Recipient Agency o Fee for Service – Direct Ship to Recipient Agency o Fee for Service – through a distributor

4.10.3 PRICE EVALUATION

The SPC will conduct the price evaluation based on Price included in Attachment E – Product Specifications specifically “Price Per Portion (DFV Not Included)”. The SPC will award a price score to each unique proposed line item. Each End-Product will be scored as follows:

The lowest proposed price will receive a score of 5;

Second lowest score will receive a score of 3;

Third lowest score will receive a score of 1;

Any additional will receive a score of 0.

If there are identical prices submitted for identical End-Products, they will receive a matching score.

Example:

End-Product: ABC

Proposal No. Proposed Price Points received

1. $4.25 3

2. $4.25 3

3. $3.75 5

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The SPC will then add up all points received from each Proposer and divide by the number of End-Products proposed within the Category. The Proposal with the lowest average points will then be awarded 55 points, second place will be awarded 40 points, third place will be awarded 30 points, fourth place will be awarded 20 points, fifth place will be awarded 10 points and any additional proposals will be awarded 0 points.

4.10.4 PREFERENCES

4.10.4.1 Recycled Materials

DAS SPS will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

Points are the total possible for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as the score for criterion

EXAMPLE:

Proposer A receives scores of 50, 45, and 47 for criterion worth 50 points. The SPC averages

47.3 for a score of 47.3 for that item.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

TOTAL POINTS POSSIBLE : 215

EVALUATION POINTS POSSIBLE 160

4.10.2.1 Evaluation Item 1 – Proposer’s overall qualifications and experience

4.10.2.2 Evaluation Item 2 – Proposer’s technical plan and

knowledge

4.10.2.3 Evaluation Item 3 – Sodium content 10

4.10.2.4 Evaluation Item 4 – Value Pass-Through Systems 50 (10 pts per)

4.10.3 PRICE POINTS POSSIBLE 55

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DAS SPS may, in DAS SPS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If DAS SPS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at DAS SPS’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS SPS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

DAS SPS will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS SPS.

4.14 ADDITIONAL ROUNDS

If additional rounds are conducted, DAS SPS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

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4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS SPS may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

DAS SPS will post an Intent to Award Notice on OregonBuys as an Amendment to the bid solicitation indicating that DAS SPS intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of…