RFP_159296_Fresh_Bread_for_Dining_Services.pdf

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University of Maryland College Park

Request for Proposal (RFP) No. 159296

For Fresh Bread for Dining Services

Issue Date: August 26, 2024 Pre-Proposal Conference: n/a Deadline for Questions: September 3, 2024, 8:00 a.m.

Proposal Due Date: September 13, 2024, 8:00 a.m.

*All times listed are local time, College Park, MD

Contractors who have received this document from a source other than the Issuing Office should immediately contact the Issuing Office and provide their name and mailing address in order that amendments to the RFP or other communications can be sent to them. Contractors who fail to notify the Issuing Office with this information assume complete responsibility in the event that they do not receive communications from the Issuing Office prior to the closing date.

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

Questions and comments may be addressed to the point of contact identified in Section A-1, Item 9 of this document.

UNIVERSITY OF MARYLAND RFP #159296 Fresh Bread for Dining Services

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TABLE OF CONTENTS

SECTION 1

Introduction Background Information

SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

2.2 Pre-Proposal Conference

2.3 Questions

2.4 Amendments to the RFP

2.5 Submission of Proposals

2.6 Due Date and Time

2.7 Treatment of Late Proposals

2.8 Durations of Proposal Offer

2.9 Alternate Proposals

2.10 Economy of Preparation

2.11 Unable to Propose

2.12 Public Information Act Notice

2.13 Two Volume Proposal

2.14 Cancellation of the RFP

2.15 Evidence of Responsibility and Responsiveness

2.16 Oral Presentations

2.17 Solicitation, Proposal, Acceptance, Award and Discussions

2.18 Formation of Agreement/Contract with Successful Contractor

2.19 Notice to Offerors

2.20 Debriefing of Unsuccessful Proposers

2.21 Contract Implementation Meeting

SECTION 3

Evaluation, Award, Contract Formation, Debriefing of Unsuccessful Proposers, Protests and Claims, Contract Implementation Meeting

3.1 Evaluation Method

3.2 Evidence of Responsibility

3.3 Solicitation, Proposal, Acceptance, Award and Discussion

3.4 Negotiation

3.5 Basis of Award

3.6 Formation of Agreement/Contract with Successful Contractor

3.7 Debriefing of Unsuccessful Proposers

3.8 Protests and Claims

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3.9 Contract Implementation Meeting

SECTION 4

Requirements

4.1 Contractor Data

4.2 Contractor Qualifications

4.3 Minority Business Enterprise (MBE) Participation

4.4 Technical Requirements Matrix/Specifications/Scope of Work

4.5 Price Proposal Form

SECTION 5

Proposal and Contract Terms and Conditions Affidavits Corporate Diversity Addendum IT Accessibility Addendum Sensitive and Secure Data Addendum Section 889 of Public Law 115-232 Affidavit Insurance Addendum Exhibit 1 Attachment 1 Pricing Spreadsheet

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SECTION 1

Introduction and Background Information

The University of Maryland, College Park (UMD) is the state's flagship university and one of the nation's preeminent public research universities. A global leader in research, entrepreneurship and innovation, the university is home to more than 40,700 students, 14,000 faculty and staff, and nearly 400,000 alumni all dedicated to the pursuit of Fearless Ideas. Located just outside Washington, D.C., we discover and share new knowledge every day through our renowned research enterprise and programs in academics, the arts and athletics. And, we are committed to social entrepreneurship as the nation’s first “Do Good” campus.

The University of Maryland, Department of Dining Services is responsible for providing all food and beverage services on the College Park campus. The Department operates over 33 outlets located primarily in five major facilities including some license and franchises. Dining Services serves over five million meals annually with a budget excess of $80 million.

Food service outlets include food courts, full service restaurants, resident dining facilities, convenience stores, special event, concessions, on and off premise catering and branded concepts including but not limited to; Starbucks®, Taco Bell®, Chic fil A®, Subway, Panera and Qdoba.

Dining Services is a self-operated, self-supporting unit in the Division of Student Affairs, with over 1,000 employees. Units operate daily during the academic school year. Operations are reduced during University breaks and in the summer.

In adherence with the University of Maryland’s strong commitment to sustainability, the Department of Dining Services actively researches and solicits quotes on environmentally preferable goods and services. Environmentally preferable goods and services are those which have a reduced negative effect on human health and/or the environment when compared to comparable products and services. Such goods include, but are not limited to, those which are made from recycled content, conserve natural resources, minimize pollution and the emission of greenhouse gases, reduce the use of water and energy, reduce environmental health hazards to workers and our community, support strong recycling markets, reduce materials that are land filled, increase the use and availability of environmentally preferable products, and are produced locally and/or provide a benefit to the local community.

The University of Maryland is committed to purchasing products that have earned industry approved ecolabels and certifications or that meet the standards said ecolabels and certification programs wherever possible and practical.

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The University is seeking comprehensive proposals from interested Contractors to provide a broad range of fresh bread products. The Department of Dining Services purchased approximately $450,000 of fresh bread products in calendar year 2023.

The contract term shall commence December 1, 2024. The contract term shall terminate one (1) year after award, unless extended or sooner terminated in accordance with the contract. At the sole option of the University, the contract may be renewed for up to four (4) additional separately exercisable one (1) year term under the same terms and conditions.

SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

The sole point of contact at the University of Maryland, College Park (UMCP), for purposes of this Request for Proposal (RFP), is the Issuing Office. The Issuing Office as identified on the Solicitation/Contract Form provided as Exhibit 1 is:

The University of Maryland Department of Procurement & Business Services 2113-R Chesapeake Building College Park, MD 20742

All contact throughout the process is to be made in writing, via email, throughout the RFP process with the exception of information received as a result of a Pre-Bid Conference.

Responses to inquiries will be made in writing and issued to all known participants.

The Point of Contact is

Name Brennita Johnson Title Category Manager, General Goods and Services Email Address bjohnson@umd.edu

2.2 Pre-Proposal Conference/Site Visit – Not applicable

2.3 Questions

The Contractor is responsible for carefully reading and fully understanding the requirements, terms, and conditions of this RFP. All contact between Contractors and the University will be made formally at scheduled meetings or in writing through the Issuing Office with the identified Point of Contact.

Requests for clarification or additional information must be submitted in writing, via email, to the Point of Contact and received by the Issuing Office no later than September 3, 2024, 8:00

Affidavits over 200K; V.1 Revised 11-29-16 6 a.m. EST. These requests are to contain the following subject line: “QUESTIONS: RFP #159296”. Only written communications relative to the procurement will be responded to. It is incumbent upon the Contractor to verify University receipt of their questions.

All questions will be answered in writing. Questions and answers will be distributed, without identification of the inquirer(s), to all Contractors who are on record with the Procurement Officer as having received this RFP. Oral communications are not to be relied upon for proposal purposes. Any communication received from parties other than the identified Point of Contact are to be considered non-authoritative in nature.

To the extent that a question causes a change to any part of this RFP, an amendment shall be issued addressing such.

2.4 Submission of Proposals

Proposals must be:

(1) submitted in the designated format

(2) made in the official name of the firm or individual under which Contractor's business is conducted (including the official business address),

(3) signed by a person duly authorized to commit Contractor to the proposal, electronic signatures are acceptable

(4) submitted in files clearly marked with the assigned RFP number and Contractor name as described below

(5) separated into Technical and Financial volumes, and

(6) addressed to the Procurement Officer identified as the Point of Contact in the Issuing

Office

The Offeror must submit Technical Proposal electronically via ‘UMD Box’ with the URL as noted, https://umd.app.box.com/f/9bc1ef1f0e5a43f585ed4e3e087fb13d. The file description shall include the proposer’s name, RFP number, RFP title, and “TECHNICAL

PROPOSAL”.

The Offeror must submit Financial Proposal electronically via ‘UMD Box” with the URL as noted, https://umd.app.box.com/f/e2213603904040a49e099e34d632449a. The file description shall include the proposer’s name, RFP number, RFP title, and “FINANCIAL

PROPOSAL”.

Commingling of technical and financial information or failure to submit the two volumes separately, or as instructed, may result in the proposal being deemed non-acceptable.

Submittals deemed non-acceptable will be rejected.

NOTE: PROPOSALS SUBMITTED THROUGH MEANS OTHER THAN IDENTIFIED WILL NOT BE

ACCEPTED.

https://umd.app.box.com/f/9bc1ef1f0e5a43f585ed4e3e087fb13d

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2.5 Due Date

Proposals must arrive at the location identified in Section 2.4 of this document on or before September 13, 2024, 8:00 a.m. EST/EDT as applicable, in the designated format.

Depending upon the subject matter of the RFP, Contractors may be required to submit hard copy proposals. In these instances, Contractors are to allow sufficient time for delivery to ensure timely receipt by the Issuing Office.

Proposals, amendments to proposals, or requests for withdrawal of proposals arriving after the closing time and date shall not be considered.

There shall be no public opening of the proposals. The names of Contractors will not be released until after award.

2.6 Late Proposals

Any proposal, request for withdrawal, or modification of a proposal including a Best and Final Offer (BAFO) that is not received at the designated location at the designated due date and time will be considered late and will be rejected as non-acceptable. Delivery of the proposal to the specified location by the prescribed date and time is the sole responsibility of the Contractor. Exceptions may be authorized, at the sole discretion of the Procurement Officer, when the reason for the late proposal, late request for withdrawal, late modification of a proposal or BAFO is due to the action or inaction of the University. A record of the late proposal, request for withdrawal, modification of a proposal or BAFO will be retained in the appropriate procurement file.

2.7 Duration of Proposal Offer

Proposals will be valid for a minimum of 120 days following the closing date of this RFP. If an award is not made during that period, the proposal will automatically extend for another 120 days, unless the Contractor gives specific written notice to the Procurement Officer at least 15 days before the expiration of the then current 120 day period. Proposals will automatically renew for an additional 120 days until such time as an award is made or proper written notice is given to the University of Contractor's intent to withdraw its proposal. By submission of a proposal, Contractor guarantees that its offer shall be firm for the period specified in this clause.

2.8 Amendments to the RFP

If it becomes necessary to revise any part of this RFP, notice of the revision will be issued in the form of an Amendment to Contractors on record with the Procurement Officer as having received this RFP. All Amendments shall become a part of this RFP. Each Contractor is required to acknowledge receipt of Amendments. Failure of a Contractor to acknowledge any Amendment will not relieve the Contractor of responsibility for complying with the content of the Amendment.

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2.9 Alternate Proposals

Alternate proposals shall not be allowed or accepted, nor will they be considered, for this solicitation.

2.10 Economy of Preparation

Each proposal is to be prepared simply and economically, providing a straightforward, concise description of the Contractor's offer and capabilities to satisfy the requirements of this RFP.

Emphasis is to be placed on clarity of content and providing a complete response.

2.11 Unable to Propose

If Contractor is unable or unwilling to submit a proposal in response to the requirements, Contractor must indicate this in writing to the Procurement Officer on or before the proposal due date. Electronic mail is an acceptable delivery method for submittal of the Contractor’s inability to submit a proposal. UMD requests that Contractors who are unable to respond include a brief explanation of the rationale for non-submission of a proposal.

2.12 Public Information Act Notice

Contractors are required to specifically identify those portions of their proposals that they deem to contain confidential, proprietary information, or trade secrets. The Contractor is further required to provide specific justification, with respect to each separate portion identified, as to why the materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

For claims of confidentiality to be considered, Contractors must clearly identify and provide individual justification for each and every section that is claimed to contain confidential, proprietary information or trade secrets. It is not sufficient to preface your proposal with a proprietary statement, or to use a page header or footer that arbitrarily marks some or all pages as confidential. General claims of confidentiality or similar blanket designations will not be accepted and may result in a proposal being deemed non-acceptable, at the discretion of the Procurement Officer.

2.13 Cancellation of the RFP

The University may cancel this RFP, in whole or in part, or reject any or all proposals submitted in response to the RFP when such action is determined to be fiscally advantageous to the University and/or the State or otherwise in the best interest of the University and/or the State.

2.14 Two Volume Proposal

The selection procedure for this procurement requires an independent evaluation of the technical and financial proposals. This separation allows for evaluation of technical proposals, on a “go/no-go” or “pass/fail” decisional rule based on meeting the technical specifications and business requirements. Consequently, Contractor is required to submit its proposal in two separately sealed volumes as indicated in Section 2.4.

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2.15 Volume 1-Contractor Qualifications, Technical Requirements/Specifications, Business Requirements

2.15.1 Executive Management Summary

The Contractor’s response is to contain an Executive/Management Summary. This section of the Contractor’s offer is to contain a brief synopsis of how the Contractor's proposal meets the needs of the University.

2.15.2 Technical Proposal

Contractors are expected to read the specifications, requirements, and qualifications very carefully and to submit questions, in writing, by the due date for questions.

Misinterpretation of specifications, requirements, or qualifications by the Contractor do not relieve the Contractor of responsibility to accurately address these components of this RFP or to perform the contract, if awarded.

The information/items specified as Specifications, Requirements, and/or Qualifications must be addressed in the technical proposal. The proposal must expressly indicate that it satisfies each point of the RFP Requirements, Specifications and/or Qualifications referenced in Section 4. Simple YES or NO responses to stated requirements are insufficient. The Contractor must describe in detail how the proposed products and/or services meet or exceed the stated requirements. The Contractor must explain any exception or deviation from the requirements. In cases where the Contractor cannot or does not meet a requirement, this must be clearly stated along with the reason for not meeting the Requirement, Specification, or Qualification.

2.16 Technical Volume Contents-the Technical Volume must contain

2.16.1 Exhibit 1, Solicitation/Contract Form

Contractors must complete Exhibit 1, Section A-1, Solicitation/Contract Form Offer Section as part of the Technical Volume. Failure to submit this document, signed by a person duly authorized to commit Contractor to the proposal may cause the Contractor’s proposal to be rejected, at the sole discretion of the University.

2.16.2 Completed Section 4 Specifications/Requirements documents including

2.16.2.1 All required information listed as Contractor Data Requirements (Section 4.1) including but not limited to required demographic information, resumes, references, past performance documentation

2.16.2.2 All affidavits, addenda, and disclosures included as Exhibits

2.16.2.3 Additional support documentation, as required

2.16.2.4 Contractor Qualifications, including financial viability documentation

2.16.2.5 Specifications/Requirements Matrix, as provided

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2.16.2.6 Narrative Specification/Requirements responses, as required

2.16.2.7 The University may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted. The University is under no obligation to seek clarification for missing information or to repair responses that are deemed to be incomplete

2.17 Financial Volume

This volume consists of and must contain the offered pricing information in the format required by the University. Contractors are not to include any technical information or specifications in the financial volume. Inclusion of technical requirements in the Financial Volume, unless technical details are necessary to provide pricing clarity, may result in in disqualification of the Contractor’s response particularly if said technical details are not included in the Technical Volume.

2.17.2 Pricing Section

The Contractor is required to use the provided pricing submittal documents as included. The pricing submittal documents will either be provided in the form of an electronic Pricing Matrix for those RFPs with numerous line items, complex pricing, etc.

A Price Proposal Form will be used in instances when the pricing is simple and straightforward.

2.17.2.4 The Contractor is required to complete the electronic Pricing Matrix when provided

2.17.2.5 The Contractor is required to submit their proposal for pricing on the Price

Proposal Form provided when an electronic Pricing Matrix is not used. Using Price Proposal Form will help ensure consistency in the financial evaluation.

The price proposal form is to be completed in full when used for submittal of pricing.

2.17.3 Best and Final Offers

The University reserves the right to request best and final offers (BAFO) following evaluation of technical and pricing proposals. Contractors must submit BAFO pricing information in the format required, on or before the date and time indicated on the BAFO request, and using the means of submission indicated by the Procurement Officer.

SECTION 3

Evaluation, Award, Contract Formation, Debriefing of Unsuccessful Proposers, Protests and Claims, Contract Implementation Meeting

3.1 Evaluation Method

3.1.1 The University intends to make one (1) award to the responsible contractor based on lowest price technically acceptable offer to the University. In order to be considered technically acceptable, Contractors must meet all technical specifications and business requirements as delineated in this solicitation. Only those Contractors

Affidavits over 200K; V.1 Revised 11-29-16 11 meeting the technical specifications and business requirements (supplier qualifications, including financial viability) will be considered in the Financial evaluation stage.

3.1.2 Technical Evaluation

3.1.2.1 Evaluation Committees

The Procurement Officer shall establish separate technical and financial evaluation committees to review and rate the proposals. The financial evaluation committee may be composed of the Procurement Officer and any other individuals appointed by the Procurement Officer. The technical evaluation committee shall be composed of other individuals appointed by the Procurement Officer.

3.1.2.2 Acceptability of Proposals

• The Procurement Officer shall determine which contractors have met the basic requirements of the RFP

• Failure to comply with any mandatory requirement will normally disqualify a contractor's proposal

• The Procurement Officer shall have the sole authority to determine whether any deviation from the requirements of this RFP is substantial in nature

• The Procurement Officer may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the University’s best interest

• The Procurement Officer may reject in whole or in part any and all proposals if such is in the University’s interest, and may conduct discussions with contractors in any manner deemed necessary to best serve the interests of the University

• The University reserves the right to make an award to more than one contractor or to split an award among contractors

3.1.2.3 Technical Evaluation

• Evaluation of technical proposals will be based on “go/no-go” or “pass/fail” decisional rule, applied to each technical specification and business requirement delineated below.

• A no-go or fail rating will eliminate a Contractor from further consideration.

The Contractor either meets or does not meet each of the technical specifications and business requirements.

• There is no merit or extra credit awarded for exceeding the requirements.

• Only those Contractors meeting the technical specifications and business requirements will be considered for financial evaluation.

• The Technical Evaluation Committee may request site visits for the purpose of evaluating proposals and/or Contractor's responsibility. The Committee may request additional technical assistance from any source.

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Industry standard references may be used during the evaluation process.

3.1.2.4 Evaluation Criteria

The following minimum technical requirements must be met for the

Contractor proposal to be considered technically acceptable.

• Mandatory Requirements- Contractor’s demonstrated understanding of the

University’s Mandatory Requirements and the nature of work to be performed. This includes the quality and soundness of the offeror’s approach.

• Contractor Qualifications / Prior Experience – whether a Contractor has performed similar services previously and the ability to perform under this Agreement.

• Sample product evaluation if required

• Past Performance - determined by references, including but not limited to, the quality of product delivered, ability to meet the specifications as defined, offeror’s record for on-time delivery, technical quality, cost control, demonstrated corrective actions, etc. The University may also use its own past performance with a Contractor as a portion of the evaluation for Past Performance. Contractors must provide references. Cited references must be able to confirm, without reservation, the Contractor's ability to perform as mandated in this solicitation.

• Clarity of Proposal-The Contractors response will be evaluated based on clarity and conciseness of their response with how their proposed solution satisfies each of the criteria specified in Section 4.

• The terms "must" or "shall” and “required” are used throughout this document to indicate mandatory requirements. Contractors must meet all the requirements and specifications; that is, that the Contractor is fully capable of delivering the items and providing the services as specified in this

RFP.

3.1.3 Oral Presentations

3.1.3.1 At the sole discretion of the Procurement Officer, short-listed Proposers may be invited to provide an oral presentation and product demonstration.

Information provided during this phase will be used to supplement the prior evaluation of the written technical proposal and the final evaluation of technical capabilities will take into account both the written technical proposal and the oral presentation/product demonstrations.

3.1.3.2 The University reserves the right to waive the Oral Presentation/Product Demonstration, in which case the technical evaluation will be based on the written technical proposal submittal alone. Proposers are therefore encouraged to submit the best possible proposal at each opportunity for submittal

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3.1.3.3 The due date and time of the oral presentation/product demonstration will be determined by the University upon evaluation completion of Technical Proposals. The actual date will be verified with the applicable Proposers at the time the presentation is requested. Refer to the Solicitation Schedule for tentative dates. Proposers are advised to set these dates aside so as to avoid a conflict

3.1.3.4 The oral presentation will be informal, as the University is not interested in a marketing presentation, rather, it will be a casual and informal format in which to view the Proposers presentations, etc.

3.1.3.5 The purpose and parameters of the Oral Presentation/Product demonstration will be defined by the Procurement Officer at the time of scheduling. This information may be included in Technical requirements in those instances when it is a requirement for short-listed Contractors.

3.1.3.6 The criteria and format of the demonstration will be provided with the written request to conduct an oral presentation.

3.1.4 Financial Evaluation

Only those Contractors meeting the technical specifications and business requirements will be considered in the Financial Volume evaluation. The Financial Volume evaluation will consist of ranking on the basis of lowest price to the University and State when considering technical submittal. Information from the pricing proposal sheet contained in the Pricing Matrix or on the Price Proposal Form will be used to compute the total price.

3.2 Evidence of Responsibility

Prior to the award of a contract pursuant to this RFP, the Procurement Officer may require

Contractor to submit such additional information bearing upon Contractor's ability to perform the contract as the Procurement Officer deems appropriate. The Procurement Officer may also consider any information otherwise available concerning the financial, technical, and other qualifications or abilities of the Contractor.

3.3 Solicitation, Proposal, Acceptance, Award and Discussion

This RFP creates no obligation on the part of the University to award a contract or to compensate Contractors for proposal preparation expenses. The University reserves the unilateral right to cancel this solicitation at any time and to accept or reject any and all proposals, in whole or in part, received in response to this RFP; the unilateral right to award a contract in whole or in part; to award a contract to one Contractor; and to waive or permit cure of minor irregularities; and to conduct discussions with Contractors in any manner necessary to serve the best interest of the University.

Discussions may be conducted with those Contractors who submit proposals initially judged by the Procurement Officer to be reasonably susceptible of being selected for award. However, Affidavits over 200K; V.1 Revised 11-29-16 14 the University reserves the right to award a contract based upon the proposals received without further discussions.

3.4 Negotiation

The University has the right to accept the best proposal as submitted, without discussion or negotiation. Contractors should therefore not rely on having a chance to discuss, negotiate and adjust their proposals.

Contractors who submit proposals initially judged by the Procurement Officer to be reasonably susceptible of being selected for award may be asked to discuss their proposals with the University to facilitate arrival at a contract most advantageous to the University. If the Procurement Officer determines that discussion is in the best interest of the University, the Procurement Officer will advise contractors to submit a best and final offer for consideration after discussions are held.

However, discussions may not be conducted if the Procurement Officer determines either that discussions are not in the best interests of the University or that discussions need not be conducted: (a) with respect to prices that are fixed by law or regulation, although consideration shall be given to competitive terms and conditions; (b) because the time of delivery or performance does not permit discussions; or (c) because it can be demonstrated clearly from the existence of adequate competition or accurate prior price experience with the particular item that acceptance of an initial offer without negotiation would result in a fair and reasonable price.

3.5 Basis of Award

The University will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is determined to be the lowest priced among those rated technically acceptable.

Recommended contract awards, if any, resulting from this RFP, may be subject to State and University approvals.

3.6 Formation of Agreement/Contract with Successful Contractor This RFP and any resulting contract shall be governed by the University System of Maryland

Procurement Policies and Procedures. These policies and procedures may be viewed at the following web site: https://www.usmd.edu/usm/procurement/procedures.html.

3.7 Debriefing of Unsuccessful Proposers

A debriefing of an unsuccessful proposer shall be conducted upon written request submitted to the Procurement Officer within ten (10) days of the date on which the proposer knew, or should have known, its proposal was unsuccessful. The debriefing shall be limited to a discussion of the proposer’s unsuccessful proposal. The debriefing will be oral and shall provide information on areas in which the proposal was deemed weak or insufficient. The

Affidavits over 200K; V.1 Revised 11-29-16 15 debriefing will NOT include discussion of a competing offeror’s proposal or discussion, thoughts, notes or ranking from individual evaluation committee members. A summary of the Procurement Officer’s rationale for the selection may be given. Debriefings shall be conducted at the earliest feasible time.

3.8 Protests and Claims

Any protest regarding the award of this contract or claim arising out of this contract shall be administered in accordance with the University System of Maryland Procurement Policies and Procedures, Section X - Protests and Claims. Detail is available by accessing the following web site https://www.usmd.edu/usm/procurement/procedures.html.

3.9 Contract Implementation Meeting

Contractor receiving an award under this solicitation may be required to attend a Contract

Implementation Meeting to be held after contract award, as scheduled by the Procurement Officer. The location and agenda for this meeting will be communicated to the Contractor by the Procurement Officer.

SECTION 4

Requirements Contractor is required to provide the information listed below by completing the Technical Requirements Matrix. Failure to comply with this instruction may result in disqualification of Contractors proposal.

4.1 Contractor Data

The Contractor’s proposal must include the following information

4.1.1 Contractor/Company Details

4.1.1.1 Contractor (Company/Corporate) Name (as it appears on current W-9)

4.1.1.2 Contractor Primary Business Location/Address

4.1.1.3 Contractor to provide company organization chart and staffing profile including tenure for staff

4.1.1.4 Contractor Main Point of Contact (POC)

4.1.1.4 Contractor POC Contact Information, location, telephone number, cell phone number, email address

4.1.1.5 Contractor Office that will service the University

4.1.1.6 Contractor Tax Identification Number and current W-9

4.1.1.7 Contractor Parent Company (if applicable)

4.1.1.8 Parent Company business location

4.1.1.9 Contractor Authorized Signer for contractual purposes

4.1.1.10 Name and Address for delivery of notices

4.1.1.11 Contractor Small Business status and Maryland Small Business Certification

Number with certificate provided as attachment https://www.usmd.edu/usm/procurement/procedures.html

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4.1.1.12 Contractor MBE status and if MBE company provide State of Maryland MDOT MBE certification number and date of certification

4.1.1.13 If proposing company is not publicly traded, identify principal owners of company

4.1.2 Company Size

4.1.2.1 Identify the number of people employed by Contractor

4.1.2.2 Identify the current number of customers serviced by Contractor

4.1.2.3 Identify the number of customers serviced by the location that will service the University

4.1.3 Customer Service

4.1.3.1 Overview of customer service program

4.1.3.2 Customer Service key contact information

4.1.3.3 Location Customer Service is conducted from (if off-shore provide

Country/State/Province/City customer service is delivered from)

4.1.3.4 Hours of operation for Customer Service location servicing the University

4.1.4 Business Inclusion and Supplier Diversity Program Information

4.1.4.1 Identify whether Contractor has a Business Inclusion and Supplier Diversity

Program, provide website link describing the Program, goals, and achievement

4.1.4.2 Identify ability to provide detailed sub-contractor/Tier 2 reporting to customers

4.1.4.3 For all offers for which a MBE Participation Goal has been established in section 4.3, contractors must complete and submit, as part of their financial proposal, the MBE forms contained in Exhibit X. All forms shall be completed as instructed in RFP Supplemental Document 1. Failure to submit the required forms will render a proposal not susceptible for award and cause it to be rejected.

4.1.5 Sustainability Program and Measures

4.1.5.1 Identify and describe company’s Sustainability Program

4.1.5.2 Identify sustainability measures tracked by company

4.1.5.3 Identify sustainability Eco labels that are used for your company (ePEAT, LEED, Green Building Council)

4.2 Contractor Qualifications

Contractor is required to complete the Technical Requirements Matrix. Failure to comply with this instruction may result in disqualification of Contractors proposal.

4.2.1 Contractor References

The Contractor is required to provide three (3) references of similar size and scope.

Information to be included: Client name, client address, contact person, contact

Affidavits over 200K; V.1 Revised 11-29-16 17 person title, contact person email address, contact person telephone number, description of goods and services provided.

4.2.2 Financial Viability

The University reserves the right to require, during proposal evaluation, that the

Contractor provide a copy of its most current Annual Report or audited Statement of Financial Condition to include a Balance Sheet, Income Statement and Cash Flow Statement or other acceptable financial information. These documents may be relied on in any determination regarding Contractor financial responsibility and suitability for contract award.

4.2.3 Key Personnel

4.2.3.1 Contractor is required to provide appropriate support to carry out the functions described under Specifications and is required to identify all Key Personnel who will be involved in performing the work.

4.2.3.2 Contractor is required to provide vital/bio information, validating the individuals’ credentials to carry out the work, for all professional personnel who are considered Key Personnel for the work

4.2.3.3 Contractor is to identify which Key Personnel will be involved in the various aspects of the work

4.2.4 Contractor problem resolution and escalation process

4.2.4.1 Contractor is required to outline the Contractor’s escalation process for problem resolution

4.2.4.2 Contractor is to identify and provide key contacts including title and contact information for the individuals involved in the escalation process

4.3 Minority Business Enterprise (MBE) Participation

The University of Maryland College Park has a 29% goal for MBE participation in our procurement activities. This goal is achieved through procurements issued to MBE suppliers on a prime vendor basis and through subcontracting activities on procurements that include subcontractors or Tier 2 relationships in the acquisition of equipment and supplies.

This RFP does not have a MBE subcontracting goal.

For all solicitations with a subcontracting goal other than 0%, failure to complete and submit documents outlined and included in RFP Supplemental Document 1 will result in the Contractor’s offer being deemed non-responsive or not reasonably susceptible of being selected for award.

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SECTION 4.4 Technical Requirements/Specifications/Scope of Work Requirements Matrix

The Contractor is required to complete the Technical Requirements Matrix below. If additional space is required for attachments, the attachment is to refer the section in the matrix to which it applies.

Requirements/Specifications will be identified by a code designating its level of importance. Priority Codes are as follows:

M=Mandatory I=Information HD=Highly Desired D=Desired /C=contractor must confirm agreement to this requirement /E=contractor must explain how their solution meets this requirement

Failure to complete the Requirements Matrix will result in disqualification of the Contractor’s proposal.

Item

DESCRIPTION PRIORITY RESPONDENT COMMENTS

4.4.1 Executive/Management Summary - The Contractor’s offer

is to contain a brief synopsis of how the Contractor's proposal meets the needs of the University. Include details regarding your bakery(s), distribution center(s), number of employees, drivers, and number of delivery trucks.

M/E

4.4.2 Reference Section 4.1 Contractor Data, provide all

information regarding company details, company size, customer service, business inclusion and supplier diversity program, and sustainability program and measures

M/E

4.4.3 Reference Section 4.2 Contractor Qualifications and Prior Experience, provide all information regarding references, experience with a contract of this volume, financial viability, key personnel, and contractor problem resolution and escalation process

M/E

4.4.4 Contractor shall provide items on Pricing Spreadsheet, or University approved equivalent. The awarded Contractor must be able to provide 100% of the products on the spreadsheet. The items on the spreadsheet represent approximately 80% of the items for this contract. The quantities listed are annual estimated usage for bidding purposes only and are not guaranteed. Actual quantities purchased may be more or less.

M/E

4.4.5 All pre-packaged edible products shall have an expiration date for consumption on the outside of each bag or

M/E

Affidavits over 200K; V.1 Revised 11-29-16 19 container or an easily understandable date coding system.

Delivered products must have the majority of its shelf life remaining on the day of delivery. Each product shall be in clear packaging. Products shall be delivered on bread racks, utilizing bread rack dollies when more than three (3) racks of products is delivered.

4.4.6 Contractors shall provide product samples for evaluation upon request. Samples will be evaluated based on taste, visual quality and ingredients, viability, and functionality at a minimum. Samples shall be delivered to:

University of Maryland Department of Dining Services South Campus Dining Hall Bldg. 026 Room 1150 Attn: Kerry Britt College Park, MD 20742

M/C

4.4.7 Contractor shall provide copies of their most recent HACCP audit from both their government regulatory body and third party auditor. These forms shall be submitted for both bakery and distribution center that would be supplying UMD Dining Services.

M/E

4.4.8 Contractor shall follow proper HACCP procedures in the

production, storage and delivery of edible products to UMD Dining Services. Delivery trucks, bead racks and bread dollies must be kept clean, free of debris and pests.

M/E

4.4.9 Contractors shall submit with the Financial Proposal a

complete list of all products your company produces, including product number, size, pack size, ingredients, and price. Identify on this list items that are available for next day delivery. Also, identify items that require a longer order lead time. Indicate what those longer lead times are.

M/C

4.4.10 UMD Dining Services serves many customers with a wide

range of food allergies. Contractors shall provide a list of all allergens known to be in your products. If products are processed with nuts of any kind or any other allergen within your facilities, Contractors shall provide this information. The product list requested per 4.4.9 shall include allergens in bold print.

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4.4.11 If product ingredients are changed or if allergens are introduced to production lines during the term of this Contract, the Contractor shall notify UMD Dining Services in writing, by email (ds-procurement@umd.edu) and by phone (301) 314-8040, prior to implementing these changes.

M/E

4.4.12 Pricing submitted in the Financial Proposal shall remain fixed and firm for the first year of the Contract. Pricing for all products in Contractor’s pricing guide shall remain fixed and firm for the first year of the Contract.

M/C

4.4.13 UMD Dining Services may elect to purchase

additional/newly introduced products not referenced in this RFP.

M/C

4.4.14 UMD Dining Services shall place orders by phone, email, or fax no later than 11:00 a.m. EST the day prior to delivery.

Contractor is responsible for confirming receipt of order by emailing or call the Dining Services Procurement office at

(301) 314-8039 no later than 1:00 p.m. EST on the day the order is placed.

M/C

4.4.15 Persons authorized to order products off this Contract are as follows: Kerry Britt, Emma Martinez and Brian Bailey

M/C

4.4.16 In the event ordered products are out of stock, Contractor shall call the Dining Services Procurement office by 2:00 p.m. EST the day prior to delivery, so that viable substitutions can be made. If a substitute is not available, the University reserves the right to purchase product from another Contractor and shall bill back any cost difference.

M/E

4.4.17 Deliveries shall be made as required by Dining Services 5 days a week; Mondays, Tuesdays, Thursdays, Fridays, and Saturdays, without any minimum. Provide a list of holidays that you will not deliver on and how order days will be adjusted for those specific holidays. All deliveries are to be made prior to 6 a.m. Orders will be smaller during holidays, summer and winter breaks. If you are offering a different set of delivery days, submit with this response.

M/E

4.4.18 Delivery Locations and Accounts:

South Campus Dining Hall, Building #26 South Campus Dining Hall Commons Shop Convenience Store

M/C mailto:ds-procurement@umd.edu

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Jones-Hill House (athletic training table), Building #162 Jones Hill House

Yahentamitsi Dining Hall, Building 436

Golf Course U of Maryland Building #166 Mulligan’s Grill

North Campus Shop Convenience Store, Building #257

Student Union , Building #163 Student Union Food Court Stamp Union Catering Union Shop Convenience Store

Xfinity Center, Building #360 Concessions

Denton Building #251 Auxiliary Operations Denton Commissary Denton Dining Hall

Other accounts may be added at a later date.

4.4.19 In the case of shorted, damaged or miss-pulled products, Contractor’s driver shall complete and sign appropriate delivery forms/invoices indicating the refused or shorted products by Dining Services personnel. Dining Services may require the Contractor to reship products at no additional charge on the same day. One (1) copy of receiving documents shall be left with Dining Services personnel.

M/E

4.4.20 A weekly statement for each account specifying delivery date, invoice number and invoice total must be emailed to dsap@dining.umd.edu

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Individual account statement must be used to reconcile each account for payment. Any unsigned or unverified delivery tickets or invoices will not be paid.

4.4.21 Contractor shall submit invoices by email, including FEIN # to the Dining Services Accounts Payable staff at:

dsap@dining.umd.edu or mail statements to:

University of Maryland Department of Dining Services South Campus Dining Hall Bldg. 026 Attn: Business Office Manager Room 1109 College Park, MD 20742

M/C

4.4.22 Contractor is required to notify the Dining Service

Procurement Office immediately in the event of product recall and/or FDA warning, even in the event that recalled product was not delivered to the University. All third party safety reports, FDA inspections, recall notice, field safety inspections, ingredient notices applicable to recall must be sent to the Dining Service Procurement office. All recalled products must be picked up and credited by Contractor. In the event Contractor does not make an immediate effort to pick up recalled products, the Department of Dining Services will dispose of product accordingly and inform Contractor of credit.

mailto:dsap@dining.umd.edu

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SECTION 4.5

Price Proposal Form Contractors shall submit their Bid prices on the Pricing Spreadsheet, Attachment 1. The spreadsheet is to be completed in full and shall be incorporated herein. Prices on the spreadsheet submitted must include all associated costs. Pricing submitted shall be firm for one year from the start of the contract. For subsequent years, pricing cannot exceed the CPI index for All items in U.S. city average, all urban consumers, not seasonally adjusted.

No pricing information is to be included in the Technical Proposal.

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SECTION 5

Proposal and Contract Terms and Conditions

The University of Maryland Standard Terms and Conditions apply to University of Maryland College Park (UMD) procurements.

AFFIDAVITS, ADDENDA, AND FEDERAL FLOW DOWNS- The following affidavits, addenda, and Federal flow downs may apply to this Contract and will automatically attach based upon the nature of the procurement and/or funding source. All Affidavits and Addenda requiring signature must be completed by the Contractor and returned to the UMD Procurement and Business Services and must reference the associated Purchase Order Number or transaction number (if ordered by credit card).

UMD ACCESSIBILITY ADDENDUM (for any and all web-based deliverables (including, but not limited to, off the shelf software, custom developed software, and related goods or services used to create, maintain or update the University’s Web pages, Web content, Web-based applications, online instructional content, services and resources.)

UMD CONTRACT AND BID/PROPOSAL AFFIDAVITS (for all Contracts exceeding $200,000, Contractor shall execute the Bid/Proposal and Contract Affidavit required by the University, which shall be in substantially the same form as the Maryland forms at the time the Contract is executed by the University. Additional University certifications may be required for Contracts of any dollar amount. Any additional required documents and certifications, not included herein, will be identified and provided by the Procurement Officer as part of the procurement process.)

UMD FEDERAL FLOW-DOWN CLAUSES (for any Contract funded by a federal contact, grant, or cooperative agreement.) https://purchase.umd.edu/umd-federal-uniform-guidance-flowdown-provisions or https://purchase.umd.edu/umd-federal-government-flowdown-provisions

UMD SECURE/SENSITIVE DATA ADDENDUM (for contracts involving sensitive data, including but not limited to Personal Data and identifiers, FERPA Data, Cardholder or other PCI Data, or Health Information.)

UMD PROCUREMENT INSURANCE ADDENDUM (for contracts over $200,000, or for work performed on University premises, or using equipment or facilities owned, occupied or used by the University, or as otherwise required by the University.)

SECTION 889 AFFIDAVIT (for procurements for equipment/devices or services that include video surveillance, cameras, telecommunications. This federally required affidavit must be completed by the Contractor and returned to the buyer.

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ANTI-BRIBERY

Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.

COMPLIANCE WITH LAWS

Contractor hereby represents and warrants that:

It is qualified to do business in the State of Maryland (whether a domestic business or a foreign corporation subject to registration under the Corporations and Associates…