RFP_162782A_Special_Dietary_Food_Products.pdf

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University of Maryland College Park

Request for Proposal (RFP) No. 162782A

For Special Dietary Food Products

Issue Date: April 10, 2025 Pre-Proposal Conference: n/a Deadline for Questions: April 17, 2025, 8:00 a.m.

Proposal Due Date: May 1, 2025, 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 #162782A Special Dietary Food Products

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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, for Dining Halls Attachment 2 Pricing Spreadsheet, for Convenience Stores

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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.

The University is seeking comprehensive proposals from interested Contractors to provide a broad range of special dietary food products for resale in UMD Dining Services retail operations and the Dining Halls. The Contract will include both institutional and retail products that are free of the major nine (9) allergens (soy, dairy, tree nuts, eggs, shellfish, fish, peanuts, wheat, sesame) along with gluten free, vegetarian and vegan products.

In the past, the University of Maryland, Department of Dining Services, purchased approximately $250,000 of special dietary food products annually.

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

Affidavits over 200K; V.1 Revised 11-29-16 5 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.

The contract term shall commence July 1, 2025. 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.

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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 April 17, 2025, 8:00 a.m.

EST. These requests are to contain the following subject line: “QUESTIONS: RFP #162782A”.

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/b5544fc31692431bb9e006a8b43aa4b1. 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/fcf5676d071b465297a461746400c402. 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.

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

ACCEPTED.

2.5 Due Date

Proposals must arrive at the location identified in Section 2.4 of this document on or before May 1, 2025, 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

Affidavits over 200K; V.1 Revised 11-29-16 8 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.

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, Affidavits over 200K; V.1 Revised 11-29-16 9 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.

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

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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

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.

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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 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.

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• 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.

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.

• 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

Affidavits over 200K; V.1 Revised 11-29-16 13 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

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

Affidavits over 200K; V.1 Revised 11-29-16 14 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, 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.

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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 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)

https://www.usmd.edu/usm/procurement/procedures.html

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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

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)

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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 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.

Affidavits over 200K; V.1 Revised 11-29-16 18

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.

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.

M/E

4.4.2 Reference Section 4.1 Contractor Data, provide all

information regarding company details, company size, number of employees, number of delivery trucks, HACCP program, 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 Special dietary food products procured for this contract are for resale in the UMD Dining Services operations. These products include both institutional and retail products that are free of the major nine (9) allergens (soy, dairy, tree nuts, eggs, shellfish, fish, peanuts, wheat, sesame), along

M/C

Affidavits over 200K; V.1 Revised 11-29-16 19 with gluten free, vegetarian and vegan products. Dining Services operates three (3) Dining Halls. These operations are open twelve (12) months of the year, but the majority of the business occurs during the fall semester (mid-August through mid-December) and the spring semester (mid- January through mid-May). Over the summer months, holiday breaks, and semester breaks, business will be substantially reduced.

4.4.5 All products shall be delivered at least once per week by Contractor’s truck to the South Campus Dining Hall Warehouse, located at 1150 South Campus Dining Hall Building.

Deliveries shall be made between the hours of 6:00 a.m.

and 1:30 p.m., Monday through Friday. Products shall be brought to a designated area within the building, as indicated by the Warehouse/Procurement employee.

Proper HACCP procedures must be followed at all times.

M/C

4.4.6 With the Technical Proposal, Contractors shall indicate their method of delivery (by Contractor’s truck).

Contractors shall indicate the day of the week for deliveries. Contractors shall indicate the time that orders need to be placed by (lead time). Contractors shall indicate the number of days in advance for orders.

M/E

4.4.7 The Contractor shall establish two (2) accounts – one for UMD Dining Services Dining Halls and one for UMD Dining Services Convenience Stores.

The three Dining Halls are as follows;

The South Campus Hall – located in the South Campus Dining Hall Building, building 026 The 251/North Dining Hall - located in the Denton building complex, building 251 The Yahentamitsi Dining Hall – located in the Yahentamitsi Building, building 436

The three Convenience Stores are as follows;

Affidavits over 200K; V.1 Revised 11-29-16 20

South Campus Market – located in the South Campus Dining Hall Building, building 026 North Campus Market – located in the Ellicott Diner Building, building 257 Union Shop – located in the Stamp Student Union Building, building 163

4.4.8 Delivery invoices must accompany each shipment. UMD

Dining personnel will work with the Contractor’s driver to inspect the delivery to determine if there are any damaged, out-of-date, and/or mis-pulled products. If there are any issues with each delivery, the driver will note those issues/returns and adjust the invoice accordingly. The delivery invoices will be used for support of payment. All deliveries will be honor drops. Dining Services personnel must have 48 hours for credits and returns. It can take up to 2 days to unpack for non-perishable products and notify the supplier of any shortages and/or damaged products.

M/E

4.4.9 All invoices must include product name, pack size, unit cost, and cumulative dollar totals. Invoices and statements are to be emailed to UMD Dining Services Business Office at dsap@umd.edu.

M/E

4.4.10 Contractor shall provide pricing as of March 10, 2025 for the items on the Pricing Spreadsheets. The items on the spreadsheets represent approximately 70% of the items for this contract and 75% of the dollar volume 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. The estimated annual amount of purchases for this contract is $250,000.

Awarded Contractor must be able to provide a minimum of 80% of the items on both pricing spreadsheets.

M/E

4.4.11 Contractor shall provide a login and password for your firm’s software ordering system so Dining Services Procurement personnel can utilize the login to place orders, and search for available products, product pack sizes and current pricing.

M/E

4.4.12 Contractors shall follow proper HACCP procedures at all times when delivering products to the designated area

M/E

Affidavits over 200K; V.1 Revised 11-29-16 21 within the South Campus Dining Hall Warehouse. Product shall be delivered in cases or totes to protect product from infestation and damage. Product shall be neatly stacked on 48” x 40” serviceable pallets.

4.4.13 Any supplemental manufacturer and promotional

discounts that will apply during the term of this contract shall be provided with the Financial Proposal.

M/C

4.4.14 Volume rebates as applicable based on UMD Dining

purchase volume shall be provided with the Financial Proposal.

M/C

4.4.15 All products shall have the majority of their shelf life remaining when delivered to UMD Dining. All products must be stored, transferred, and delivered following proper HACCP procedures.

M/E

4.4.16 All product recalls must be communicated to UMD Dining Procurement within one (1) hour of notification from the notifying authority. Notifications must be emailed to ds-procurement@umd.com and called in to 301-314-8040.

Detailed information must be conveyed to insure the correct products are removed from service.

M/E

SECTION 4.5

Price Proposal Form Firms shall submit their Bid prices on the two (2) Pricing Spreadsheet, Attachment 1 & 2. Pricing shall be based on the pricing listed on your firm’s website on March 10, 2025. The spreadsheets are to be completed in full and shall be incorporated herein. No taxes, service, fuel or delivery fees of any kind shall be added to invoices. Prices on the spreadsheets submitted must include all associated costs.

UMD Dining Services is tax exempt.

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

mailto:ds-procurement@umd.com mailto:ds-procurement@umd.com

Affidavits over 200K; V.1 Revised 11-29-16 22

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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Affidavits over 200K; V.1 Revised 11-29-16 23

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 Article of the Maryland Annotated Code) and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

It is not in arrears with respect to the payment of any moneys due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract, including but not necessarily limited to: Maryland Building Codes, Americans with Disabilities Act, and the Maryland Occupational Safety and Health Act and related regulations; and

It shall obtain, at its expense, all licenses, permits, insurance and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

CONFIDENTIALITY; DISSEMINATION OF INFORMATION

Contractor shall not release any information related to services or performance of the services under this Contract, nor publish any final reports or documents without the prior written approval of the University. Contractor shall indemnify and hold harmless the State and the University, its officers, agents and employees from all harm which may be incurred by reason of dissemination, publication, distribution or circulation, in any manner whatsoever, of any information, data, documents, or materials pertaining in any way to this Contract by Contractor, its…