RFP 2025-0500-0276 MEHS Food Services Amended.pdf

STATE OF ALASKA

REQUEST FOR

PROPOSALS

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

IMPORTANT NOTICE: IF YOU RECEIVED THIS SOLICITATION FROM THE STATE OF ALASKA’S

“ONLINE PUBLIC NOTICE” WEB SITE, YOU MUST REGISTER WITH THE PROCUREMENT OFFICER

LISTED IN THIS DOCUMENT TO RECEIVE NOTIFICATION OF SUBSEQUENT AMENDMENTS. FAILURE

TO CONTACT THE PROCUREMENT OFFICER MAY RESULT IN THE REJECTION OF YOUR OFFER.

ISSUED BY:

DEPARTMENT OF EDUCATION AND EARLY

DEVELOPMENT

DIVISION OF ADMINISTRATIVE SERVICES

PRIMARY CONTACT:

KATHY BLOMQUIST

PROCUREMENT OFFICER

EED.PROCUREMENT@ALASKA.GOV

(907) 465-8654

MOUNT EDGECUMBE HIGH SCHOOL

FOOD SERVICES

RFP 2025-0500-0276

ISSUED FEBRUARY 27TH, 2025

THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, ON BEHALF OF MT.

EDGECUMBE HIGH SCHOOL, IS SOLICITING PROPOSALS FOR FOOD SERVICES LOCATED AT

MT. EDGECUMBE HIGH SCHOOL IN SITKA, ALASKA.

STATE OF ALASKA – REQUEST FOR PROPOSALS RFP 2025-0500-0276

MEHS FOOD SERVICES

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TABLE OF CONTENTS

INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO PROPOSALS

SEC. 1.10 AMENDMENTS TO THE RFP

SEC. 1.11 RFP SCHEDULE

SEC. 1.12 ALTERNATE PROPOSALS

SEC. 1.13 NEWS RELEASES

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

SEC. 3.03 DELIVERABLES

SEC. 3.04 CONTRACT TYPE

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

SEC. 3.06 CONTRACT PAYMENT

SEC. 3.07 CONTRACT PRICE ADJUSTMENTS

SEC. 3.08 LOCATION OF WORK

SEC. 3.09 SUBCONTRACTORS

SEC. 3.10 JOINT VENTURES

SEC. 3.11 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.12 CONTRACT PERSONNEL

SEC. 3.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.14 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.15 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.16 INDEMNIFICATION

SEC. 3.17 INSURANCE REQUIREMENTS

SEC. 3.18 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 RFP SUBMITTAL FORMS

SEC. 4.02 SPECIAL FORMATTING REQUIREMENTS

SEC. 4.03 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL FORM A)

SEC. 4.04 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

SEC. 4.05 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

SEC. 4.06 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

SEC. 4.07 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

SEC. 4.08 COST PROPOSAL (SUBMITTAL FORM F)

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD AND CALCULATION

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS

SEC. 5.05 UNDERSTANDING OF THE PROJECT

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT

SEC. 5.08 CONTRACT COST (COST PROPOSAL) SUBMITTAL FORM F

SEC. 5.09 ALASKA OFFEROR PREFERENCE

SUMMARY OF EVALUATION PROCESS

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

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SEC. 6.03 SITE INSPECTION

SEC. 6.04 CLARIFICATION OF OFFERS

SEC. 6.05 DISCUSSIONS WITH OFFERORS

SEC. 6.06 EVALUATION OF PROPOSALS

SEC. 6.07 CONTRACT NEGOTIATION

SEC. 6.08 FAILURE TO NEGOTIATE

SEC. 6.09 OFFEROR NOTIFICATION OF SELECTION

SEC. 6.10 PROTEST

SEC. 6.11 APPLICATION OF PREFERENCES

SEC. 6.12 ALASKA BIDDER PREFERENCE

SEC. 6.13 ALASKA VETERAN PREFERENCE

SEC. 6.14 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 6.15 STANDARD CONTRACT PROVISIONS

SEC. 6.16 QUALIFIED OFFERORS

SEC. 6.17 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.18 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.19 HUMAN TRAFFICKING

SEC. 6.20 RIGHT OF REJECTION

SEC. 6.21 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.22 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.23 ASSIGNMENT

SEC. 6.24 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 6.25 DISPUTES

SEC. 6.26 SEVERABILITY

SEC. 6.27 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.28 SOLICITATION ADVERTISING

SEC. 6.29 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

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INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE RFP

The State of Alaska Department of Education and Early Development (DEED), Division of Administrative Services

(DAS), on behalf of Mt. Edgecumbe High School (MEHS), is soliciting proposals for a qualified food service management company to provide food service to approximately 400 students at the MEHS residential boarding school along with appropriate staff and guests during the school year; a more detailed description including Scope of Work and Deliverables is provided in Section 3.

Pursuant to state and federal law, Mt. Edgecumbe High School, Local Educational Agency (hereafter called the

Sponsor) participating in the National School Lunch Program (NSLP), School Breakfast Program (SBP), or

Afterschool Snack Program may contract with a food service management company (FSMC) to operate eligible school food services. The administration of all USDA Child Nutrition Programs is the responsibility of the Alaska

Department of Education and Early Development (AKDEED) (hereafter called the Department). All terms and conditions of procurement and contracting are subject to 2 CFR 200, 7 CFR 210, 220, 245, and 7 CFR 250.

SEC. 1.02 BUDGET

DEED estimates a maximum budget of $1,200,000.00 per term for completion of this project. Proposals priced at more than $1,200,000.00 will be considered non-responsive and rejected.

Approval or continuation of a contract resulting from this RFP is contingent upon legislative appropriation.

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 3:00pm prevailing Alaska Daylight Time on March 28th, 2025, as indicated by email timestamp and late proposals will not be considered.

SEC. 1.04 PRIOR EXPERIENCE

For offers to be considered responsive, offerors must meet these minimum prior experience requirements:

A. Offeror must have a minimum of five years of experience in managing and operating food services of a related nature and scope for approximately 400 meals per day.

1) Offerors must include a description of comparable services provided with references.

2) If applicable, offerors must include a list of all Districts in the State of Alaska where they currently provide Child Nutrition management services.

The Sponsor reserves the right to investigate the references and past performance of any offeror with respect to its successful completion of similar projects, compliance with contractual obligations and specifications, and lawful payments of suppliers, contractors, and workers. The Sponsor may postpone the award or execution of the contract after the announcement of the apparent successful offeror to complete the investigation. The Sponsor reserves the right to reject any or all proposals at any time prior to the execution of a contract.

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An offeror's failure to meet these minimum prior experience requirements will cause their proposal to be considered non-responsive and rejected.

All offerors who submit a response to this RFP understand and agree that the department and the

Sponsor are not obligated thereby to award a contract to any offeror. Neither the department nor the

Sponsor has any financial obligation to any offeror. In addition, each offeror understands and agrees that neither the department nor the Sponsor shall be responsible for any expenses and costs incurred in submitting a response to this RFP. Each offeror who responds to this RFP does so solely at the offeror’s cost and expense.

An offeror's failure to meet these minimum prior experience requirements will cause their proposal to be considered non-responsive and rejected.

SEC. 1.05 REQUIRED REVIEW

Offerors should carefully review this solicitation for defects and questionable or objectionable material.

Comments concerning defects and questionable or objectionable material should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of proposals. This will allow time for the issuance of any necessary amendments. It will also help prevent the opening of a defective proposal and exposure of offeror's proposals upon which award could not be made.

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF

PROPOSALS

All questions must be in writing and directed to the procurement officer. The deadline for questions is

3:00pm Alaska Time on March 21, 2025.

Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the RFP. Other questions may be more complex and may require a written amendment to the

RFP. The procurement officer will make that decision.

Procurement Officer: Kathy Blomquist Email: eed.procurement@alaska.gov -- TDD 1-800-770-8973

SEC. 1.07 RETURN INSTRUCTIONS

When submitting a proposal via email, the technical proposal and cost proposal must be saved as separate

PDF documents and emailed to eed.procurement@alaska.gov as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf”. The email must contain the RFP number in the subject line.

The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb (megabytes). If the email containing the proposal exceeds this size, the proposal must be sent in multiple emails that are each less than 20 megabytes and each email must comply with the requirements described above.

Please note that email transmission is not instantaneous. The state recommends sending it with enough time to ensure the email is delivered by the deadline for receipt of proposals.

mailto:eed.procurement@alaska.gov

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The procurement officer will confirm receipt of proposals via email; however, it is ultimately the offeror’s responsibility to contact the issuing agency at 907-465-8654 to confirm that the proposal has been received if you do not receive an email. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

Offerors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of proposals at eed.procurement@alaska.gov or by phone at

907-465-8654 or TDD 1-800-770-8973.

SEC. 1.09 AMENDMENTS TO PROPOSALS

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

SEC. 1.10 AMENDMENTS TO THE RFP

If an amendment is issued before the deadline for receipt of proposals, the amendment will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to all who were notified of the RFP and to those who have registered with the procurement officer after receiving the RFP from the OPN.

After receipt of proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted because of receiving new or amended proposals.

SEC. 1.11 RFP SCHEDULE

RFP schedule set out herein represents the state’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Standard Time.

ACTIVITY TIME DATE

Request for Proposal Issue Date 3:00pm 2/27/2025

Pre-Proposal Questions Due 3:00pm 3/21/2025

Deadline for Receipt of Proposals 3:00pm 3/28/2025

Proposal Evaluations Complete 4:00pm 4/3/2025

Notice of Intent to Award 5:00pm 4/3/2025

Contract Issued 3:00pm 4/15/2025

This RFP does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Education and Early Development, or the

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Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.12 ALTERNATE PROPOSALS

Offerors may only submit one proposal for evaluation. In accordance with 2 AAC 12.830 alternate proposals (proposals that offer something different than what is asked for) will be rejected.

SEC. 1.13 NEWS RELEASES

News releases related to this RFP will not be made without prior approval of the project director.

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SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

Pursuant to state and federal law, Mount Edgecumbe High School (MEHS) participates in the National

School Lunch Program (NSLP), School Breakfast Program (SBP), and/or other Child Nutrition Programs.

MEHS may contract with a Food Service Management Company (Contractor) to operate eligible school food services. The Department’s Child Nutrition Program (CNP) unit is responsible for administering all

U.S. Department of Agriculture (USDA) Child Nutrition Programs.

Mt. Edgecumbe High School (MEHS.US) is a public boarding school operated by the Alaska

Department of Education and Early Development (DEED). Initially established in 1947 by the Bureau of Indian Affairs, Mt. Edgecumbe provided Alaska Native students in grades 5-12 the opportunity to acquire a traditional education unavailable in rural Alaska. Serving more than 600 students at its largest, the school closed temporarily in 1983 as the Bureau of Indian Affairs reduced its role in Alaskan

Education. Two years later, the school reopened under the governance of the Alaska Department of

Education and Early Development. The central role of Mt. Edgecumbe High School in Alaskan education is to provide a broad range of academic and extra-curricular opportunities that are unavailable to students in isolated home schools and communities. Academic expectations are high and students who attend are expected to enroll in higher education. The official governing body charged with oversight is the Alaska State Board of Education.

Food service at Mt. Edgecumbe high school goes beyond the typical school lunch program. This is the students’ home. For many students, the cafeteria is their only food option, and they will eat every meal at

MEHS. To best serve students, multiple options are provided at every meal and unlimited seconds are allowed. Special meals are built into the calendar to celebrate special holidays and events. When possible, foods that remind students of home, such as fish and soups, are offered. Sack lunches and dinners are made available to students who are unable to come to the cafeteria because of special activities and the cafeteria staff adjust for special events like picnics and Saturday schools. All of this must be accomplished while still meeting guidelines under the Child Nutrition Programs.

The mission of MEHS is to provide a challenging, unique education in a residential setting that values rich cultural diversities and traditions, inspiring Alaskan students to become successful, responsible, global citizens. The vision of MEHS is to inspire students to discover and expand their talents with multiple innovative opportunities, develop their dreams, meet high expectations for learning and living, prepare for a changing world, form meaningful and long-lasting relationships, learn from, and appreciate one’s own and other’s cultures and become ethical leaders.

The cafeteria is an integral component of the Mt. Edgecumbe experience. A successful food services contractor must be prepared to work as a team with State Project Director, Mt. Edgecumbe Staff, Residential contractors, Child Nutrition, among others, to create a welcoming environment that feels like home. Relationships are key and students are at the core of the work. A successful food contractor must care about the students they serve and seek to engage students in ways that lead to a positive and healthy nutritional experience.

Demographics: Typically, over 400 students from approximately 110 villages throughout Alaska attend

Mt. Edgecumbe High School. About 65 percent of the student body is female and 35 percent are male.

http://mehs.us/

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Alaska Native students comprise 80-95 percent of the student population, 6-10 percent are typically

Caucasian, and we usually have a population that includes students of Asian, Hispanic, and African

American descent. Between 60-80 percent of students in attendance generally meet federal guidelines for free or reduced lunches. Annually, between 75-90 percent of graduates are accepted into a post-secondary university or training program.

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SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The Department of Education and Early Development, Mount Edgecumbe High School (MEHS), is soliciting proposals for a qualified food service management company to provide food service to approximately 400 students at the MEHS residential boarding school along with appropriate staff and guests during the school year.

MEHS (Sponsor) shall be legally responsible for the conduct of the food service program and shall supervise the food service operations in such manner as will ensure compliance with the rules and regulations of State Agency and USDA regarding each Child Nutrition Programs (CNP) covered by the resulting contract.

The Sponsor shall retain signature authority for the monthly claim for reimbursement.

The Sponsor shall retain control and signature authority of the CNP nonprofit food service account and overall financial responsibility for the CNP. (7 CFR210.16 (a)(4)-(5)

Responsibilities. The responsibilities of the food service provider include the following:

1. Preparing and serving meals and meal supplements (snacks) to students, and participants in

NSLP, and SBP.

2. Preparing and serving meals to staff, parent organizations, and for some scheduled events

(conferences, business partnerships, etc.), whether in or out of the Sponsor.

3. If the selected FSMC is procuring goods or services which are being charged to the

Sponsor under the awarded contract outside of the fixed price per meal (e.g., equipment), the selected FSMC is acting as an agent for the Sponsor and must follow the same procurement rules under which the Sponsor must operate and that the selected FSMC may not serve as a vendor. Any rebates, discounts, or commissions associated in any manner with purchases must be returned to the nonprofit school food service account. Only net costs may be charged to the Sponsor.

4. Oversight and coordination of purchasing, maintaining, and repairing all equipment used in the kitchen.

5. Maintaining all kitchen areas and working environments in a safe and sanitary condition.

6. The Sponsor shall comply with food safety inspection requirements as prescribed by

USDA for its facilities and shall ensure that all state and local regulations are being met by the selected FSMC preparing or serving meals at any Sponsor facility. 7 CFR 210.16(a)(7).

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The selected FSMC shall maintain state and/or local health certifications for any facility outside the Sponsor in which it proposes to prepare meals and shall maintain this health certification for the duration of the awarded contract as required under USDA Regulations

7 CFR 210.16(a)(7) and shall comply with food safety inspection requirements as prescribed by USDA for its facilities and shall ensure that all state and local regulations are being met in its facilities.

7. Maintaining full and complete program, financial and inventory records sufficient to meet federal and state requirements and in accordance with generally accepted accounting principles.

8. Free and Reduced Price, and Paid Reimbursable Meals:

a. Sponsor shall be responsible for the establishment and maintenance of the free and reduced-price meals eligibility roster.

b. Sponsor shall be responsible for development and distribution of the parent letter, and Application for Free and Reduced-Price Meals, Direct Certification, and determination of eligibility for free or reduced-price meals. The selected FSMC may act as an agent for the SFA related to these responsibilities.

c. Sponsor shall be responsible for conducting any hearings related to determinations regarding eligibility for free or reduced-price meals.

d. Sponsor shall be responsible for verifying Applications for Free and Reduced-

Price Meals as required by USDA regulations. The selected FSMC may act as an agent for the SFA related to these responsibilities

e. Sponsor and FSMC must ensure that no child is subject to overt identification of eligibility as described in 7 CFR 245.8 or is discriminated against.

f. Sponsor must offer free, reduce price, and paid reimbursable meals to all eligible students.

g. Ensure that the Sponsor’s policy for providing meals to students without adequate funds is followed. The policy will protect students by providing equal services to all students. The FSMC will bill the Sponsor for the meal served with the Sponsor payment from funds other than non-profit food service funds.

9. Ensure all reimbursable meals meet the Food-Based Meal Pattern and nutrition standards as required by the USDA. No payment will be made for meals that are spoiled or unwholesome at the time of delivery, do not meet detailed specifications as developed by the Sponsor for each food component in the meal pattern in accordance with 7 CFR 210.10, 7 CFR 226.20 or do not otherwise meet the requirements of this RFP.

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Reimbursable meals must adhere to all calorie ranges and meet the nutrition standards for the National School Lunch, School Breakfast, and Afterschool Snacks, as applicable.

a. National School Lunch Program (NSLP) and Afterschool Snacks: The Food-Based

Menu Planning (7 CFR 210.10(a)(1)) is used at all sites for lunch and afterschool snacks. Both Sponsor and FSMC shall comply with applicable rules, regulations, policies, and instructions by the Department, USDA Food and Nutrition Service

(FNS) and any additions or amendment thereto, including USDA regulations for the

National School Lunch Program 7 CFR Part.

b. School Breakfast Program (SBP): The Food-Based Menu Planning (7 CFR

220.8(a)(1) is used at all sites for breakfast. Both Sponsor and FSMC shall comply with applicable rules, regulations, policies, and instructions by the Department, USDA Food and Nutrition Service (FNS) and any additions or amendment thereto, including USDA regulations for the School Breakfast Program 7 CFR Part.

10. Assurance of Civil Rights Compliance

The Selected FSMC and local agency hereby agrees that it will comply with:

a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

d. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

e. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

f. Executive Order 13166, "Improving Access to Services for Persons with Limited

English Proficiency." (August 11, 2000);

g. All provisions required by the implementing regulations of the Department of

Agriculture (USDA) (7 CFR Part 15 et seq.);

h. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

i. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

j. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity

(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

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11. This assurance is given in consideration of and for the purpose of obtaining any and all

Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

12. By incorporating this assurance into this Agreement, the Selected FSMC and SFA agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of

Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Selected FSMC and local agency, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from

USDA.

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, July 1, 2025, for an initial 1-year term through

June 30, 2026, with four optional one-year renewals exercised at the sole discretion of the State.

Most of the services will be required during the school year. The Contractor must provide approximately

240 meal service days starting August 15 through May 15th per school year, including:

1. 170 School Days, up to 7 may be Saturdays

2. 64-72 Non-school days (primarily weekends)

Work Hours:

The Contractor must provide services according to the Mount Edgecumbe School Calendar and the

Master Schedule. The Mount Edgecumbe School Calendar can be found hyperlinked here:

http://mehs.ss13.sharpschool.com/calendar

Unless otherwise provided in this RFP, the State and the successful offeror/contractor agree: (1) that any extension of the contract excluding any exercised renewal options, will be considered as a month-to-month extension, and all other terms and conditions shall remain in full force and effect and (2) the procurement http://mehs.ss13.sharpschool.com/calendar

14 Rev. 8/24 officer will provide notice to the contractor of the intent to cancel such month-to-month extension at least

30 days before the desired date of cancellation. A month-to-month extension may only be executed by the procurement officer via a written contract amendment.

In the event that the Sponsor and the FSMC agree to renew, the Agreement shall continue under the same terms and conditions as set forth herein. No material changes in the Agreement may be made by either party. Financial terms of the Agreement are based upon existing conditions and the following assumptions. If there is a material change in conditions, including, without limitations, changes to the following assumptions, this contract (1) may be terminated at the end of the current term or (2) continue under the same terms as written, whichever is mutually agreed upon.

The distinction between a minor change and a material change cannot be qualified for every action undertaken in the Child Nutrition (CN) programs. However, at a minimum, a change is material when, had the new term been in the solicitation and original contract, it could have affected how the bidder and other competitors responded to the RFP. Services or features contingent on multi-year contracts are not allowable, for example equipment installation may not be stipulated for contract renewal years.

The term materially consistent shall mean that a change does not (1) materially increase FSMC’s cost of providing management service or (2) materially decrease the net revenue derived from the food service operations. The Sponsor reserves the right to expand the Federal Child Nutrition programs to provide availability of food resources to children and students that can be served through these programs so long as both parties agree, and prior approval is obtained from AKDEED. The original contract must specify the Consumer Price Index (CPI) Food Away from Home series of the CPI for All Urban Consumers, published by the Bureaus of Labor Statistics of the Department of Labor for the 12-month period March to March. Adjustment factors may include changes in federal reimbursement rates

The approximate contract schedule is as follows:

• Contract begins July 1, 2025, and ends June 30, 2026

• first optional renewal July 1, 2026, to June 30, 2027;

• second optional renewal July 1, 2027, to June 30, 2028;

• third optional renewal July 1, 2028, to June 30, 2029;

• fourth optional renewal July 1, 2029, to June 30, 2030.

SEC. 3.03 DELIVERABLES

The contractor will be required to provide the following deliverables:

(a) FACILITY DESIGNATED AREAS

The Contractor shall manage and maintain in safe and sanitary condition the following designated areas. Contractor must ensure that Contractor’s employees are operating in the designated areas at a high-level of cleanliness and safety.

The Contractor must keep the following designated areas clean and maintained:

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1. The entire kitchen,

2. food storage areas,

3. dish washing area,

4. serving area,

5. cafeteria restrooms,

6. dining room tables,

7. chairs and floors including hallways behind the kitchen,

8. Team restrooms, and

9. up to the service entrance doors.

Contractor shall maintain the dining hall access area, the area immediately outside the dining hall up to the exterior doors, the beginning of the hallway to the dorms free from trash.

Contractor must sweep and then wet mop the dining room entrance area daily, ensuring it is dry before the dining room is opened for meals.

Contractor shall clean the entrance mats both inside and outside the dining hall entrance doors during non-peak dining hours.

(b) SUPPLIES

The Contractor shall furnish foodstuff necessary for the performance of this contract with the sole exception of USDA commodities used as part of the National School Lunch and Breakfast program.

In the event of termination of this contract, the school may purchase from the contractor, at prices no greater than originally paid by the contractor, all or part of the food inventory which, in the opinion of the school, is of good and usable quality.

(c) PROFESSIONAL STANDARDS AND TRAINING REQUIREMENTS

The Contractor must provide all staff training for its employees to comply with USDA National

School Lunch Program, comply with safety standards, and meet quality and customer service to the expectations of the State Project Director.

(d) AUTHORIZED INSPECTIONS

The premises used and maintained in performance of this contract are subject to inspection by the Alaska Department of Health (DOH), Alaska Department Education and Early Development

(DEED), Alaska Department of Environmental Conservation (DEC), the United States

Department of Agriculture (USDA), the USDA Inspectors General, the Comptroller General of the United States, or any of their authorized representatives.

Contractor must maintain compliance with Food Establishment Inspections established by the

Alaska Department of Environmental Conservation.

If a violation is discovered, the Contractor must correct the violation immediately unless otherwise indicated by DEC. Violations that are not corrected in a timely manner or violations

16 Rev. 8/24 that are repetitive in nature will be considered grounds for termination of a contract resulting from this solicitation.

(e) NATIONAL SCHOOL LUNCH AND BREAKFAST PROGRAM

On School Days, the Contractor is responsible for serving breakfast and lunch in compliance with the Federal National School Lunch Program (NSLP). Contractor must align food service with the school day breakfast and lunch components listed in the basic level of service section.

If at any time there is a conflict between the requirements of this RFP and Federal requirements, the Federal requirements shall prevail. The Contractor must notify the State Project Director in the event of any such conflict. Contractor must provide notification in writing.

Contractor must maintain up-to-date knowledge of National School Lunch/Breakfast/Snack regulations and must comply with all regulations. The national school lunch regulations can be found here. The Contractor shall also comply with all other federal, state, and local ordinances pertaining to food service operations. The contractor must understand and shall be responsible for changes in NSLP and School Breakfast Program (SBP) regulations over the term of the contract. Contractor must complete all required paperwork to including production records, inventory, menus, and all other documents required under the federal program. Paperwork must be available for review by Project Director and State or National audits.

(I) MANAGEMENT OF A POINT OF SALE

The Contractor shall manage the point of service (POS) for all school lunch and breakfast programs as well as documented distribution of school day snack. Meal count management must meet federal regulation reporting requirements. Contractor must monitor reimbursable meals and manage point of sale software accurately. Contractor shall provide all training for POS to its staff. Contractor must follow NSLP-approved established back-up procedures in the event of software failure. The State will provide the point-of-sale software and hardware.

(II) RECORD KEEPING

The Contractor shall maintain accurate and up-to-date records as required by the National School

Breakfast/Lunch/Snack program. Contractor shall maintain these records so that they are open to inspection by the State (including Child Nutrition Programs), US Department of Agriculture

(USDA), USDA Office of Inspectors General, the US Comptroller General, and their representatives within 24-hour notice.

Books and records of the selected FSMC pertaining to the awarded contract shall be made available, upon demand, in an easily accessible manner for a period of three (3) years after the final claim for reimbursement for the fiscal year to which they pertain. If there are unresolved audit or administrative review findings, records shall be retained beyond the three (3) year period until the findings are resolved. Upon request, make all accounts and records pertaining to its school food service available to the State agency and to FNS, for audit or review, at a reasonable time and place. Such records shall be retained for a period of 3 years after the date of the final

Claim for Reimbursement for the fiscal year to which they pertain, except that if audit findings have not been resolved, the records shall be retained beyond the 3-year period if required for https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II

17 Rev. 8/24 resolution of the issues raised by the audit; (Reference 7 CFR 210, 7 CFR 220, 7 CFR 245, and

2 CFR 200)

The FSMC shall not remove federally required records from Sponsor premises upon contract termination. Upon contract termination the FSMC must leave copies of the records at the

Sponsor’s premises.

The regulations on required records may change, at the time of this contract these include:

1. Point of Service – Contractor must keep accurate meal counts of reimbursable meals:

a. Contractor must review each meal and only count those that meet NSL requirements

b. Contractor must ensure accurate counts of seconds (defined as “a return for additional food after initial meal is consumed”).

c. Contractor must ensure guest meals are recorded accurately and not recorded as a reimbursable meal.

2. Food Production Records – Contractor must keep Food Production Records including, but not limited to:

a. Menus

b. Production Records

c. Standardized Menus

d. USDA Foods Information Sheets

e. Child Nutrition (“CN”) Labels or product formulation statement

f. Nutritional information on products/recipes

g. Dietary specification tool

3. Food Safety Compliance Records – Contractor must keep (for a period of the current year plus 3 years) Food Safety Compliance Records including, but not limited to:

a. Food Safety Plan

b. Food Temperature Logs

c. Health Inspection Documentation

4. Staff Training – Contractor must keep accurate Staff Training records. Contractor must provide and monitor training standards and requirements for all staff involved in preparing and serving National School Lunch and breakfast Program

5. USDA Inventory and Usage – Contractor must keep accurate USDA Inventory and

Usage records.

6. Reports – The Contractor shall provide the State monthly financial and management reports accurately reflecting the status of the food service operation.

a. Snack and food counts should be kept accurate daily and must be prepared for reimbursement submittal by the 5th of each month.

b. Food production records should be kept accurate daily and must be prepared and submitted (weekly/monthly?)

c. USDA inventories should be submitted monthly with invoice.

Contractor shall provide reports in a format acceptable to the State and in sufficient detail to allow independent verification if requested by the State. All problems and difficulties, 18 Rev. 8/24 which may impair the Contractor’s ability to fulfill the financial and management goals described herein, shall be promptly reported by the Contractor to the State, so that the State may work with the Contractor toward resolution.

(III) USDA COMMODITY USAGE

1. The Contractor must use federally donated USDA food commodities received by the school and provided to the Contractor for preparation of the National School Lunch and Breakfast

Program.

2. The Contractor shall credit the State for the value of all donated food, entitlement, and bonus, received for use in meal service in the school year, including the value of donated foods in processed end products. The Contractor shall utilize the State’s full USDA Foods entitlement or pay the State the value of donated foods not used.

3. The Contractor shall list on the invoice for the period, the value of commodities received, and deduct the amount of value from the total owed by State for the meals/meal equivalents served.

4. The value of commodities for entitlement and bonus is the average USDA purchase price as listed by State of Alaska Department of Education and Early Development Child

Nutrition Program (AKDEED CNP). For processed commodities it is the processing agreement value.

5. The Contractor shall be responsible for ordering and selecting USDA donated foods in coordination with the State; the storage and management of the donated foods; procuring processed end products on behalf of the State; and payment of processing fees or submittal of refund requests on behalf of the State or remittance of funds for the value of donated foods in processed end products to the LEA in accordance with 7 CFR 250.

6. The Contractor shall use all available USDA donated ground beef, ground pork, and processed end products in the State’s food service consistent with agreed upon menu cycles.

7. The Contractor shall use all other USDA donated foods in the State’s food service.

8. The Contractor must procure processed end products on behalf of the State in compliance with the requirements of subpart C of 7 CFR 250 and credit the State for the value of donated food in the processing end product at the processing agreement value.

9. The Contractor shall not enter into the processing agreement with the processor as required in subpart C of 7 CFR part 250.

10. The Contractor must comply with the storage and inventory requirements for donated foods.

19 Rev. 8/24

11. The State Comptroller General, USDA or their duly authorized representatives, may perform onsite review of the food service operation, including the review of records, to ensure compliance with requirements for the management and use of donated foods.

12. The Contractor must maintain the following records relating to the use of the donated foods in accordance with 7 CFR Sec. 250.54(b):

a. The donated food and processed product received from or on the behalf of the State for use in meal service.

b. Documentation that the Contractor has credited the State for the value of all donated food received for use in the State’s food service in the school year, including the value of donated foods contained in processed products.

c. Documentation of the Contractor’s procurement of processed end products on behalf of the State.

13. Extensions or renewals of the contract are contingent upon fulfillment of all contract provisions relating to USDA donated foods.

The fair market value of any federally donated commodities used by the contractor on behalf of the school must be deducted from the monthly payment to the Contractor using the donated food values determined by the distributing agency in accordance with 7CFR 250.28(e). The value listed on the commodity sheets plus shipping costs incurred by the school shall be the amount deducted from the monthly payment as used by the Contractor monthly.

The Contractor must use donated commodities in the preparation of meals and other food served to the students, usable food donated by the USDA for the use of the school.

Any USDA Commodity spoilage or loss shall be at the expense of the Contractor if such spoilage or loss is determined to be caused by Contractor negligence.

(IV) USDA COMMODITY INVENTORY

The Contractor shall use clean, accurate, and safe food-storage practices. Contractor storage practices must accurately account for inventory and control of donated foods to ensure that food use is in conformance with the school agreement with the state distributing agency. The

Contractor must manage the on-campus donated-commodities storage areas. This area shall be subject to inspection with 24-hours prior notice by the State, USDA, or appropriate state and local representatives. Commodities stored by the Contractor must be labeled as USDA commodities.

(V) 21-DAY CYCLE MENU

Contractor shall develop and provide a 21-day cycle menu for breakfasts and lunches. A copy of the 21-day cycle menu developed in accordance with the meal pattern requirements specified in 210.16(b) is provided as reference in Attachment 4. The Contractor must use this menu as a basis for projecting costs. The Contractor must adhere to the menu for the first 21-days of meal service. The menu shall meet the requirements stated in 7 CFR 210.10 and 220.8. Any changes must equal or exceed the choice selection, quality, grades, and specifications contained in the

20 Rev. 8/24 original menu cycle. A creative, expansive menu which encourages increased child participation is desired. The 21-day cycle must also include, at minimum, a list of sample items that would be offered for dinners and weekend meals. Proposals will be evaluated with proposed menu selections in mind.

The Contractor shall provide a reimbursable lunch and breakfast meal pattern which meets the nutrition standards stated in 7 CFR 210.10 and 7 CFR 220.8.

Contractor shall not change or vary the menus after the first cycle menu for the NSLP, SBP, SFSP or the a la carte items without written approval of State Project Director. The State

Project Director shall approve the menus no later than two weeks prior to service. Any changes or variances requested by Contractor for substitutions to State Project Director menu of lower quality food items shall be justified and documented in writing. The Contractor must maintain documentation for substitutions and justification of lower quality food items for the records retention period that is applicable to food production records and shall make such documentation available to State, Child Nutrition Program (CNP) and USDA for review upon request. (7 CFR 210.16(b)(1))

All menus must be certified to use and meet all USDA’s Meal Pattern requirements.

(f) DINING SERVICE GENERAL

These provisions apply to all food service meals

(I) OVERVIEW OF FOOD SERVICE

The Contractor shall meet meal patterns and nutrition standards as defined in 7 CFR 210.10 and 220.8. The regulations require the Contractor to increase the availability of fruits, vegetables, whole grains, and fat-free and low-fat fluid milk in school meals; reduce the levels of sodium, saturated fat and added sugars in meals; and meet the nutrition needs of school children within their calorie requirements.

The Contractor must provide reimbursable meals each day school is in session.

“Reimbursable meals" are defined as those lunches and breakfasts or snacks that qualify for

USDA reimbursement. Contractor proposals must be based on the number of serving days for lunch and breakfast for all levels. The following estimated meal counts, and meal equivalents budget shall be used by all contractors to construct their cost proposal:

MEHS students are allowed unlimited seconds as this is a residential setting. About 15-20% of served meals request seconds. The estimate below includes a 17.5% increase to capture

2nd meals consumed.

Meal Service Days

First half of year 120 Second half of year

Estimated Average Daily Participation (ADP) https://www.fns.usda.gov/cn/certification-compliance

21 Rev. 8/24

ADP

1st Semester Total

Meals

ADP

2nd Semester

Total Meals

ANNUAL

TOTAL

Breakfast 160 22,560 135 19,035 41,595

Lunch 280 39,480 240 33,840 73,320

Dinner 240 33,840 205 28,905 62,745

Snack* 380 39,140 325 33,475 72,615

* No snack on Saturdays

(II) THE FOOD SERVICE ENVIRONMENT

The Contractor must maintain an environment in the service areas that is conducive to an enjoyable and healthful food experience for the customer. This responsibility includes, but is not limited to:

i. a cleanliness program throughout the hours of service

ii. alert, helpful, customer-oriented management, and support staff; and

iii. a food service program that is creative, professional, and responsive to customer needs.

(III) FOOD PRESENTATION

The Contractor shall be responsible for food preparation and presentation procedures that will enhance the food presented. The responsibility includes, but is not limited to, proper garnishing, and the use of appropriate pan sizes which will keep foods fresh and presentable throughout the meal service. Preparation procedures should ensure that food items retain their nutritional value throughout the meal service.

(IV) FOOD TEMPERATURE CONTROL

The contractor must ensure that the temperature of all foods served are maintained at prescribed levels required by the State of Alaska Department of Environmental Conservation, Food Safety and Sanitation Program.

(V) FOOD SAFETY

The contractor must adhere to all applicable statutes and regulations including, but not limited to, the Alaska Food Code 18 AAC 31, which is under the State of Alaska Department of

Environmental Conservation, Food Safety and Sanitation Program. Copies of this regulation may be obtained from State of Alaska, Department of Environmental Conservation Food

Safety and Sanitation Section, 907 Halibut Pt. Rd. # C, Sitka, Alaska, 99835 (907-747-8614).

Contractor must maintain and follow an up-to-date food safety plan that complies with all state, federal, and national school lunch requirements.

(VI) MEAL COUNT

Contractor must keep a meal count for each served meal. Federally reimbursed meals must follow the point of service regulations as defined by the National School

Lunch/Breakfast/Snack program. Routine weekend & evening meals also require a point of service count. Tray counts are not allowed for meal counting for any federally funded meal services (NSLP/SBP or Snack). Tray counts may be used for special meals. Details regarding http://www.legis.state.ak.us/basis/aac.asp#18.31 https://dec.alaska.gov/eh/fss.aspx https://dec.alaska.gov/eh/fss.aspx

22 Rev. 8/24 special meals are below in sub-sections X, XII and XIII. Meal counts must be submitted along with an invoice each month.

(VII) MENUS

1. Menus must be planned for a five-week rotation. Weekly menus must be published electronically the Thursday before the next week for parent and student access. Daily menus must be displayed with detail on all entrée and choice options at the front of the cafeteria prior to students entering the line.

2. Kitchen Menus, those used for production, must include portion sizing and nutritional information. Menus for School Lunch/Breakfast/Snack must meet additional federal requirements.