RFP 2025-14 Local Food for Schools - Final.pdf

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PROJECT TITLE: Local Food for Washington Schools

PRE-BID CONFERENCE:

OPSI plans two pre-bid conferences at Pacific Time (PT). Respondents may join the conference that best meets their availability.

• October 9, 2024, at 12 pm PT o Join Zoom Meeting o https://us02web.zoom.us/j/89233250596

• October 14, 2024, at 7 pm PT o Join Zoom Meeting o https://us02web.zoom.us/j/83298423967

PROPOSAL DUE DATE: 3:00 p.m., Pacific Time (PDST) on November 12, 2024

ESTIMATED CONTRACT PERIOD: . July 1, 2025 through June 30, 2026. Amendments extending the period of performance, if any, shall be at the sole discretion of OSPI.

CONSULTANT ELIGIBILITY: This solicitation is open to those Consultants who satisfy the minimum qualifications stated herein and that are available for work in Washington State.

SUBMIT PROPOSAL TO: Proposal Delivered by Email:

Brenda.Merritt@k12.wa.us

All communications concerning this RFP must be directed only to the RFP Coordinator via email. Any other communication will be considered unofficial and non-binding on OSPI. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant.

This RFP is available at the Office of Superintendent of Public Instruction (OSPI) website and at the Department of Enterprise Services, Washington Electronic Business Solution (WEBS) Procurement website. All RFP

Request for Proposals No. 2025-14 Local Food for Washington Schools https://us02web.zoom.us/j/89233250596 https://us02web.zoom.us/j/83298423967 mailto:Brenda.Merritt@k12.wa.us https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/ amendments and/or Consultant questions and OSPI answers will be posted to these sites. All interested Consultants must be registered with WEBS under the following commodity codes in order to receive automatic notifications: 019-21 Berry Crops; 019-30 Corn; 019-42 Fruits, Deciduous Tree; 019-47 Grapes; 019-58 Oats;

019-90 Vegetables; 385-96 Vegetables, Frozen; 019-94 Wheat; 040-42 Fish (Not otherwise classified); 385-68 Seafood, Wild and Farm Raised, Fish and Shellfish

OSPI, and its contractors and subcontractors, must not discriminate in any programs or services based on sex, race, creed, religion, color, national origin, age, marital status, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal by a person with a disability, and must comply with state and federal nondiscrimination laws, including Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, and Title VI of the Civil Rights Act of 1964. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at 360-725-6162/TTY: 360- 664-3631; or P.O. Box 47200, Olympia, WA 98504-7200; or equity@k12.wa.us.

mailto:equity@k12.wa.us

RFP No. 2025-14 Local Food for Washington Schools Page 3 of 69 Rev. 11/21

Table of Contents

Section A. INTRODUCTION

A.1. DEFINITIONS

A.2. PURPOSE OF REQUEST FOR PROPOSALS

A.3. BACKGROUND

A.4. OBJECTIVE AND SCOPE OF WORK

A.5. BIDDER QUALIFICATIONS

A.6. PERIOD OF PERFORMANCE

A.7. FUNDING

A.8. AMERICANS WITH DISABILITIES ACT

Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFP COORDINATOR

B.2. QUESTIONS & ANSWERS

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

B.4. LETTER OF INTENT

B.5. PRE-BID CONFERENCE

B.6. COMPLAINT PROCEDURE

B.7. SUBMISSION OF PROPOSALS

B.8. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

B.9. ADDENDUMS AND AMENDMENTS TO THE RFP

B.10. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES (MWBE),

AND VETERAN-OWNED BUSINESS PARTICIPATION

B.11. ETHICS, POLICIES, & LAW

B.12. ACCEPTANCE PERIOD

B.13. RESPONSIVENESS

B.14. MOST FAVORABLE TERMS

B.15. CONTRACT AND GENERAL TERMS & CONDITIONS

B.16. COSTS TO PROPOSE

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B.17. NO OBLIGATION TO CONTRACT

B.18. REJECTION OF PROPOSALS

B.19. COMMITMENT OF FUNDS

B.20. STATEWIDE VENDOR PAYMENT REGISTRATION

B.21. INSURANCE COVERAGE

Section C. PROPOSAL CONTENTS

C.1. PROPOSAL OVERVIEW

C.2. LETTER OF SUBMITTAL

C.3. VENDOR QUESTIONNAIRE

C.4. MANAGEMENT PROPOSAL (Maximum 3 Pages)

C.5. TECHNICAL PROPOSAL (Maximum 3 Pages)

C.6. COST PROPOSAL

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. EVALUATION AND SCORING

D.3. SELECTION OF APPARENT SUCCESSFUL BIDDER

D.4. NOTIFICATION TO BIDDERS

D.5. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.6. PROTEST PROCEDURE

Section E. RFP EXHIBITS

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D .................................................................................................... Error! Bookmark not defined.

EXHIBIT E

EXHIBIT F

EXHIBIT G

…45

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EXHIBIT H

…49

EXHIBIT I

EXHIBIT J .................................................................................................... Error! Bookmark not defined.

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Section A. INTRODUCTION

A.1. DEFINITIONS

Definitions for the purposes of this RFP include:

Agency or OSPI – The Washington State Office of Superintendent of Public Instruction; the entity issuing this RFP.

Aggregator – a third party that works with producers to gather the same or reasonably similar food products.

Amendment – A unilateral change to the Solicitation that is issued by OSPI at its sole discretion and posted on WEBS and OSPI’s website.

Apparent Successful Bidder (ASB) – A Bidder submitting a response to this Solicitation that is evaluated and is identified and announced by OSPI as providing the best value to the Agency. Upon execution of a Contract, the ASB is referred to as the successful Bidder or the Contractor.

Bid – An offer, proposal, or quote for goods or services submitted in response to this RFP.

Bidder – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor are interchangeable.

Competitive Solicitation – A documented formal process providing an equal and open opportunity to Bidders or Consultants culminating in a selection based on predetermined criteria.

Complaint – A process that may be followed by a Bidder prior to the deadline for bid submission to alert OSPI of certain types of asserted deficiencies in the Solicitation.

Consultant – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor are interchangeable.

Contractor – Individual or company whose proposal has been accepted by OSPI and is awarded a fully executed, written contract.

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Debriefing – A short meeting an unsuccessful Bidder may request with the Coordinator following the announcement of the Apparent Successful Bidder for the purpose of receiving information regarding the review and evaluation of that Bidder’s Response.

Distributor – An agent that supplies goods to other businesses or sells to consumers.

Domestic Food – An agricultural grown, processed, and otherwise prepared for sale or distribution exclusively in the United States or its territories, except with respect to minor ingredients. Minor ingredients from nondomestic sources will be allowed to be utilized as a United States product if such ingredients are not otherwise produced in the United States, available in the United States at fair and reasonable prices from domestic sources.

Local or Regional Food – Locally and regionally produced food means a food that is raised, produced, aggregated, stored, processed, and distributed in the locality or region where the final product is marketed to consumers, so that the distance that the product travels between the farm or ranch where the product originates and the point of sale to the end consumer is at most 400 miles, or both the final market and the original of the product are within the same state or territory. This RFP uses the contracted Spokane, Grandview, and Algona Warehouses as the final destination.

Local or Regional Producer – Farmers, Ranchers, Producer, Processor or distributor and other businesses involved in food production or distribution that are located within the state or within 400 miles of the delivery destination.

Minimally Processed Food - Minimal processing means that the product was processed in a manner that does not fundamentally alter the product. Examples of allowable food products that OSPI will procure include fruits and vegetables; grain products like flour; meats (whole, pieces, or food items such as ground meats); meat alternates such as beans or legumes. Foods in a wide variety of minimal processing states (e.g., whole, cut, pureed, etc.) and/or forms (e.g., fresh, frozen, canned, dried, etc.) are also allowable.

National School Lunch Program – A U.S. Department of Agriculture Child Nutrition Program that provides lunch to school age students at school.

Proposal – A formal offer submitted in response to this RFP.

Proprietary Information – Information such as patents, technological information, or other related information that the Bidder or Consultant does not want released or shared with the public.

Protest – A process that may be followed by a Bidder after the announcement of the Apparent Successful Bidder to alert OSPI to certain types of alleged errors in the evaluation of the Solicitation.

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Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the need at a given price.

RCW – The Revised Code of Washington.

Responsible Bidder – An individual, organization, public or private agency, or other entity that has demonstrated the capability to meet all the requirements of the Solicitation and meets the elements of responsibility. (See RCW 39.26.160 (2))

Responsive Bidder – An individual, organization, public or private agency, or other entity who has submitted a Bid that fully conforms in all material respects to the Solicitation and all its requirements, in both form and substance.

RFP Coordinator – An individual or designee who is employed by OSPI and who is responsible for conducting this Solicitation.

Socially Disadvantaged Producers – Socially disadvantaged Farmer or Rancher is a farmer or rancher of a socially disadvantaged group. A Socially Disadvantaged Group is a group whose members have been subject to discrimination on the basis of race, color, national origin, age disability, and, where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program.

Solicitation – A formal process providing an equal and open opportunity for Bidders culminating in a selection based upon predetermined criteria.

Subcontractor – An individual or other entity contracted by a Consultant to perform part of the services or to provide goods under the Contract resulting from this Solicitation. Subcontractors, if allowed, are subject to the advance approval of OSPI.

Vendor – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor are interchangeable.

WEBS – Washington’s Electronic Business Solution, the Consultant notification system found at Washington Electronic Business Solution (WEBS) Procurement website and maintained by the Washington State Department of Enterprise Services.

https://fortress.wa.gov/ga/webs/

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A.2. PURPOSE OF REQUEST FOR PROPOSALS

The purpose of this Competitive Procurement is to receive competitive bids to evaluate and, as appropriate, award Contracts for the Office of Superintendent of Public Instruction (OSPI) to procure goods and/or services as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, RCW chap. 39.26, state agency purchases of goods and services must be based on a competitive solicitation.

Therefore, OSPI is initiating this Request for Proposals (RFP) to solicit proposals from Consultants interested in participating on a project to supply Child Nutrition Services with locally sourced, minimally processed agricultural products for use in Washington state schools participating in the United States Department of Agriculture (USDA) National School Lunch Program (NSLP).

A.3. BACKGROUND

Led by Superintendent Chris Reykdal, OSPI is the primary agency charged with overseeing public K–12 education in Washington state. Working with the state's two hundred ninety-five (295) public school districts, seven (7) state-tribal education compact schools, and public charter schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education.

OSPI Child Nutrition Services (CNS) administers the USDA Child Nutrition Programs for the state of Washington. The mission of Child Nutrition Services is to assist school districts and other institutions in providing high quality nutrition programs that promote life-long healthful living while providing nutritious meals each day that prepare children for learning. Through training/technical assistance, relationship building, and nutrition promotion, CNS ensures nutritious foods are provided to children each day at school.

In October 2022, OSPI CNS received federal funding from the USDA Agricultural Marketing Service for the Local Food for Schools Cooperative Agreement Program (LFS). Federal level goals of this project were to:

• Provide an opportunity for states to strengthen their local and regional food system.

• Help support local and socially disadvantaged farmers/producers and small business through building and expanding economic opportunities.

• Establish, strengthen, and broaden partnerships with farmers/producers and schools to ensure distribution of fresh and nutritious foods.

Local Food for Schools Cooperative Agreement Program | Agricultural Marketing Service (usda.gov)

USDA funding has ended, but we aim to continue centralized purchasing and distribution of local products to support use of local agriculture and fisheries products in Washington State https://www.ams.usda.gov/selling-food-to-usda/lfs https://www.ams.usda.gov/selling-food-to-usda/lfs

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Child Nutrition Programs. With the current solicitation, we seek to fulfill the LFS goals by purchasing locally sourced foods directly or through a distributor from Washington farmers, ranchers, fishers, producers, and small businesses. No grant funding currently supports this project. School districts will reimburse OSPI for local purchases made under the contracts awarded from this RFP. Our goals for this work are to develop mutually beneficial and sustainable partnerships that build Farm to School Programs and increase student consumption of local nutritious foods in the school meal programs.

OSPI intends to award one or multiple contracts to provide the goods and services described in this RFP. Bidders may be farmers, ranchers, fishers, or other local food producers or organizations that have the connections and ability to aggregate and deliver like products.

A.4. OBJECTIVE AND SCOPE OF WORK

A. Objective:

The purpose of this solicitation is to establish a contract for purchase of locally sourced, minimally processed dry and frozen goods. OSPI is procuring local minimally processed agricultural and fisheries products on behalf of school districts in Washington. School districts will reimburse OSPI for foods purchased. No additional funding supports this project.

The overarching objective is to establish relationships for the purchase of Washington grown foods that maximize the value for the farmer or local food producer and to place those foods in schools for service to students in the state.

OSPI intends to contract with one or multiple Consultants responding to this RFP.

B. Scope of Work:

It is expected that contracts that result from this solicitation will be finalized in December 2024 for products delivered from July 2025 through March 2026. School districts and other NSLP sponsors will pre-order products in February 2025 for School Year (SY) 2025-2026. OSPI will estimate the total quantity of product needed during the contracting process. We will communicate monthly pre-order quantities to contractors in March 2025. Pre-orders are an estimate for planning purposes; they are not a guarantee of final orders. Final orders will be determined on a month-to-month basis during the 2025-2026 school year.

OSPI may award contracts to multiple contractors under this single solicitation. Based on past contracts, we estimate NSLP sponsors desire the following products and quantities. This is not an exhaustive list. Bids for additional local, minimally processed products are welcome. Bids from contractors that cannot provide the full estimated number of cases are also welcome.

Product Target Pack Size Approximate Amount Needed

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Bison, ground, frozen 10 lb. packages, 40 lb.

case

21,000-23,000 lbs.

Salmon, boneless fillet, frozen 2 lb. Fillet, 15 ea. / 30

lb. case

19,000-21,000 lbs.

Flour, whole wheat 50 lb. bag or 2 ea. 25

lb. bag

10,000-15,000 lbs.

Lentils, whole, dry 25 lb. bag 7,000-9,000 lbs.

Fruit, IQF or frozen (berries, tree fruit, etc.)

Strawberries, whole, tops removed Blackberries Blueberries Raspberries Cherries, pitted Peaches, pitted, sliced

Bulk or 5 lb. packages, 20-25 lb. case

26,000-28,000 lbs.

24,000-26,000 lbs.

49,000-51,000 lbs.

43,000-45,000 lbs.

21,000-23,000 lbs.

24,000-26,000 lbs.

Fruit, dried Cherries, pitted

Bulk or individual packages, 20-25 lb.

6,000-8,000 lbs.

Beef, stew meat, frozen 10 lb. Packages, 40lb.

case

22,000-24,000 lbs.

Beef, shaved/sliced, frozen 10 lb. packages, 40 lb.

case

23,000-25,000 lbs.

Pork, shoulder roast, frozen 5-10 lb. Packages, 40

lb. case

8,000-10,000 lbs.

Pork, ground, frozen 10 lb. packages, 40 lb.

15,000-17,000 lbs.

The product quantity needed is an estimate based on previous years’ quantities. These products provide value to schools because OSPI will handle the procurement, ordering, and transportation logistics for these locally sourced products. School districts are familiar with the products listed above. However, we welcome bids for products not included on the list above.

Order quantities for new products may be lower, as it will take time for schools and students to become accustomed to the products. Should demand for products surpass initial purchases, OSPI may purchase additional quantities before the end of the contract term.

The target pack size represents the typical pack size used by schools. These pack sizes are encouraged but not required. Consultants are asked to list their available pack sizes in Exhibit J

– Bid Pricing Worksheet.

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Consultants can propose other minimally processed locally grown frozen or dry products not included on the list above. OSPI is interested to learn about other available food options. Other options will be reviewed and considered for purchase.

Examples of additional items that could be useful are:

Product Winter Squash, peeled, cubed, frozen Kale, chopped, frozen Halal Certified Meat, frozen

Upon execution of the contract, contractor will deliver product to OSPI warehouses located in Grandview, Washington (freezer storage), Spokane, Washington (dry storage), and Algona, Washington (freezer and dry storage) according to agreed-upon delivery dates between July 2025 – March 2026. Product will be packaged in new case boxes according to specifications set forth in the contractor’s bid. Cases will be clearly labeled with the product name, case count and weight, lot code (for traceability), producer/manufacturer name and location, product origin (city and state), and assigned product code. Pallets delivered to the warehouses need to be palletized, securely wrapped, and separately labeled with the assigned product code. Mixed product pallets are acceptable. All deliveries need to be accompanied by a packing slip or delivery receipt that itemizes the products delivered. Delivery will occur at standard receiving bay height. The contractor will be responsible for scheduling deliveries with the warehouses after receiving an OSPI purchase order. After delivery is made, the contractor will send an invoice to OSPI.

A.5. BIDDER QUALIFICATIONS

Minimum Qualifications:

Licensed to do business in the State of Washington. If not licensed, provide a written intent to become licensed in Washington within thirty (30) calendar days of being selected as an Apparent Successful Bidder.

Desired Qualifications:

The Technical Proposal must demonstrate the respondent's ability to:

• Ensure all products offered are produced under the appropriate state and federal processing licenses. This could include Washington State Department of Agriculture (WSDA) food processor license or USDA processing license.

• Deliver product in boxed cases on wrapped pallets at standard receiving bay height to one or more warehouse locations in Algona WA, Grandview WA, and/or Spokane

WA.

• Clearly label product cases with descriptive product name, case count and weight, business name, business address, lot code (or other code for product traceability), and assigned product ID code.

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• Maintain product under proper storage and transportation conditions to maintain food safety, including proper temperature control and ability to provide temperature logs.

• Document product traceability and origin.

Consultants who do not meet the minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any proposal that is rejected as non-responsive will not be evaluated or scored.

Contracts shall be awarded to farmers, producers, processors, or distributors of local domestic products that meet the definition of a local or regional producer.

A.6. PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about July 1, 2025, and end on or about June 30, 2026. The option to extend any contract resulting from this procurement shall be at the sole discretion of OSPI.

As such, OSPI reserves the right to amend to extend the contract for additional purchases during the contract period and/or for two additional contract years through June 30, 2028. Decision to amend shall be based on: 1) school interest in the products and desire to purchase foods using the school food service account; 2) sustained satisfactory performance as decided by the Contract Manager, 3) successful completion of project objectives, and 4) availability of funding.

If OSPI requests a renewal notice to the Contractor, the Contractor shall have the option to enter into a contract with the same fiscal obligations as the previous Contract year, provided that OSPI and Contractor shall negotiate any revision of additional services or goals beyond those encompassed in the previous Contract.

Additional services that are appropriate to the scope of this RFP, as determined by OSPI, may be added to the resulting contract by a written amendment mutually agreed to and executed by both parties.

A.7. FUNDING

OSPI has budgeted an approximate amount not to exceed two million five hundred thousand dollars ($2,500,000) as the total of all contracts awarded. This amount is based on expenditures over two separate years on previous Local Food for Washington Schools projects. Proposals in excess of this amount will be rejected as non-responsive and will not be evaluated.

The exact financial terms shall be determined during contract negotiations. Proposals shall include the Consultant’s most favorable and competitive cost estimate to perform the work. One

RFP No. 2025-14 Local Food for Washington Schools Page 14 of 69 hundred percent (100%) of the funds proposed for this contract will be provided by school districts participating in the USDA NSLP in Washington state, specifically the non-profit school food service account. School districts will provide funds to OSPI. OSPI will make payment directly to the contractor. The selected contractor must therefore comply with Federal Grant Terms and Conditions.

PAYMENT TERMS

Payment terms shall not be less than 30 days net (once product and invoice is received) unless prompt payment discount is offered and accepted. Proposals shall include Vendor’s most favorable and competitive cost estimate.

A.8. AMERICANS WITH DISABILITIES ACT

OSPI complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFP Coordinator to receive this Request for Proposals in an alternative format.

A.9. BUY AMERICAN

Bidder will comply with the Buy American requirement, which dictates that School’s participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US (7 CFR 250.23 (a)(b), 250.17 (e)), (7CFR 210.21 (d)).

A.10. FEDERAL RESTRICTIONS ON LOBBYING

The Bidder must certify by signing and submitting the Bidder’s Authorized Offer page of this RFP with submission of its Proposal, that under the requirements of Lobbying Disclosure Act, 2 U.S.C., Section 1601 et seq., (2CFR 200.326 (i)), no Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

A.11. DEBARMENT AND SUSPENSION

The Bidder certifies, by submission of this Proposal, that neither it nor its “principals” (as defined in 49 CFR 29.105 (p), 2 CFR 200.326 (h), and RCW 39.26.200 is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Agency or State of Washington agency.

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Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in OSPI for this procurement. All communication between the Consultant and OSPI upon receipt of this RFP shall be with the RFP Coordinator, as follows:

Contact Information Name: Brenda Merritt

Address:

600 Washington Street South PO Box 47200 Olympia, WA 98504-7200

Email Address: Brenda.Merritt@k12.wa.us

B.2. QUESTIONS & ANSWERS

Any questions or communications concerning this RFP must be directed only to the RFP Coordinator noted in Section B.1. Questions and/or inquiries must be sent via email and should include the RFP number. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator will be considered unofficial and non-binding on OSPI, and may result in disqualification of the Consultant.

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

1. OSPI issues RFP September 26,

2. Letter of Intent due October 8, 2024

3. Question and Answer period Sept. 26 – Oct. 15,

4. OSPI hosts Pre-bid Conference Use the Zoom Meeting link on page 1

Oct. 9, 2024 at 12pm and Oct. 14, 2024 at 7 pm

5. Last date for questions regarding RFP October 16, 2024

6. Complaints due October 28, 2024

7. OSPI posts final Question and Answer Addendum or Amendment (if necessary) October 21, 2024

8. Proposals due Nov. 12, 2024

9. OSPI conducts evaluation of written proposals Nov. 12-27, 2024

11. OSPI announces “Apparent Successful Bidder” and sends notification to unsuccessful Bidder(s) Dec. 3, 2024

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12. OSPI conducts debriefing conferences (if requested) As requested, per debriefing instructions

13. Contract negotiation begins Dec. 3, 2024

14. Anticipated contract start date July 1, 2025

OSPI reserves the right to revise the above schedule.

B.4. LETTER OF INTENT

It is recommended that Consultants intending to submit a proposal provide a Letter of Intent to propose no later than 3 pm on October 8, 2024. The letter must be submitted via email to the RFP Coordinator.

B.5. PRE-BID CONFERENCE

The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. OSPI will hold two (2) pre-bid conferences for interested bidders. The conferences are intended to be the same. Bidders may attend one or both conferences. Conferences will be held virtually via Zoom Meeting. Contact the RFP Coordinator at least 24 hours in advance of the conference if accommodations are needed.

• See Zoom Meeting Links on Page 1 of the RFP

• October 9, 2024 at 12 pm PST

• October 14, 2024 at 7 pm PST

All prospective Consultants are encouraged to attend; however, attendance is not mandatory.

Written questions may be submitted in advance to the RFP Coordinator. OSPI shall be bound only to written answers to questions. Any oral responses given at the pre-bid conference shall be considered unofficial until OSPI releases a written copy of the questions and answers from the pre-bid conference. A copy of the questions and answers in the form of an Addendum will be published on the OSPI website and released on WEBS under the commodity code(s) listed on the cover page of this RFP within five (5) business days of the pre-bid conference.

Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

OSPI has the right to cancel or stop the pre-bid conference if no interested bidders join within thirty (30) minutes of the start.

B.6. COMPLAINT PROCEDURE

https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements

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The complaint process is available to Consultants interested in this RFP. The complaint process allows Consultants to focus on the Solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow OSPI to correct a problem before proposals are submitted and time expended on evaluations.

A Consultant may submit a complaint based on any of the following:

• The Solicitation unnecessarily restricts competition.

• The Solicitation evaluation or scoring process is unfair or flawed; or

• The Solicitation requirements are inadequate or insufficient to prepare a proposal.

Consultants may submit complaints up to five (5) business days prior to the proposal due date noted in the Estimated Schedule of Procurement Activities. However, Consultants are encouraged to submit complaints as soon as possible so OSPI can rectify the issue(s) early in the process. Complaints must be submitted to the RFP Coordinator. To be considered a valid complaint, the complaint must meet the following requirements:

• Must be in writing.

• Should clearly articulate the basis for the complaint.

• Should include a proposed remedy.

Complaints not received by the deadline noted in the Estimated Schedule of Procurement Activities will not be reviewed by OSPI. Failure by the Bidder to raise a complaint at this stage may waive its right for later consideration.

The OSPI Contracts Administrator or an employee delegated by the Contracts Administrator will review valid complaints and respond to the submitter in writing. OSPI will consider all complaints but is not required to adopt a complaint, in part or in full. OSPI’s response to the complaint is final and not subject to administrative appeal. The response, and any changes to the RFP, will be posted as an amendment to WEBS prior to the proposal due date. Any complaint addressed during the complaint process cannot be raised during the protest process.

B.7. SUBMISSION OF PROPOSALS

Consultants shall submit proposals as an attachment to an email to the RFP Coordinator noted in Section B.1. Proposals must arrive by 3:00 p.m. PT on November 12, 2024. The RFP number must be noted in the email subject line. Attachments to the email shall be Microsoft Word format or in Portable Document Format (PDF), or a zipped file. The maximum file size that can be received via email at OSPI is 35MB. Bidders should also be aware of their own service provider's limits which may be more restrictive. Proposals that exceed such limits may be submitted via OneDrive. OSPI does not assume responsibility for any problems with the electronic delivery of materials.

Proposals not received by the deadline will not be reviewed. Late proposals will not be accepted and will be automatically disqualified from further consideration. Proposals must respond to the

RFP No. 2025-14 Local Food for Washington Schools Page 18 of 69 procurement requirements. Do not respond by referring to material presented elsewhere. The proposal must be complete and must stand on its own merits.

Failure to respond to any portion of the procurement document may result in rejection of the proposal as non-responsive. All proposals and any accompanying documentation become the property of OSPI and will not be returned.

B.8. WITHDRAWAL/MODIFICATION

Vendors are liable for all errors or omissions contained in their Responses. The Vendor may modify or withdraw his/her Proposal at any time prior to the due date and time set for Proposal opening by providing a written request to the Procurement Coordinator from an authorized representative of the Vendor.

After Proposal opening: No Proposal shall be altered or amended. OSPI may allow a Proposal to be withdrawn if the Vendor demonstrates that the prices were miscalculated. A low Proposer, who claims error and fails to enter into a contract with the OSPI, may not participate in proposing on the same commodity or service if the solicitation is subsequently reissued by OSPI.

OSPI reserves the right to contact Proposer for clarification of Response contents.

Failure to respond to any portion of the procurement document may result in rejection of the proposal as non-responsive. All proposals and any accompanying documentation become the property of OSPI and will not be returned.

B.9. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Your entire response to this RFP is a public record and will be disclosed consistent with the Public Records Act, Chapter 42.56 RCW. Bid submissions and evaluations are temporarily exempt from public disclosure until announcement of the ASB(s).

B.8.i. CONFIDENTIAL DOCUMENTS For the purposes of this RFP, do not include confidential or proprietary information unless specifically requested by OSPI.

If OSPI requests confidential or proprietary information, you must clearly print the word “Confidential” on the lower right-hand corner of each page containing the confidential or proprietary information.

B.8.ii. PUBLIC RECORDS REQUESTS

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If a public records request seeks your proposal and the proposal contains pages clearly marked “Confidential”, OSPI will take the following steps:

i. We will notify you. We will identify the requestor and the date that OSPI will disclose the requested records.

ii. We will give you an opportunity to seek a court order to stop OSPI from disclosing the records.

iii. We will not evaluate or defend your claim of confidentiality. We will not withhold or redact your documents without a court order.

If you have any questions, refer to the OSPI Public Records Office.

B.10. ADDENDUMS AND AMENDMENTS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, an addendum or an amendment will be published on the OSPI website. For this purpose, the published Consultant questions and Agency answers, and any other pertinent information, shall be considered an addendum to the RFP. Additionally, all addenda referred to above will be released on WEBS under the commodity code(s) listed on the cover page of this RFP. Only consultants who have properly registered in WEBS will receive automatic notification of amendments or other correspondence pertaining to this RFP. For those not registered in WEBS, it will be the responsibility of interested Consultants to check the website periodically for addenda and amendments to the RFP.

B.11. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES

(MWBE), AND VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, the State of Washington encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this RFP or on a subcontractor basis. For more information on certification, contact the Washington Office of Minority and Women’s Business Enterprises.

43.60A.200 encourages the participation of Veteran and Service Member Owned Businesses certified by the Washington State Department of Veterans Affairs RCW 43.60A.195. For more information on certification, contact Washington State Department of Veteran Affairs.

Additionally, per Department of Enterprise policy, agencies are encouraged to buy from in-state small business, including microbusinesses and mini-businesses.

However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements https://www.k12.wa.us/about-ospi/contact-us/ospi-public-records-request https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19 http://omwbe.wa.gov/ http://app.leg.wa.gov/rcw/default.aspx?cite=43.60A.195 https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses

RFP No. 2025-14 Local Food for Washington Schools Page 20 of 69 set forth in federal regulations or statutes included or referenced in the contract documents will apply.

Vendors who meet criteria set forth in chapter 39.19 RCW, should complete and submit the Business Enterprise Certification Form with the Contractor Intake Form.

B.12. ETHICS, POLICIES, & LAW

This RFP, the evaluation of proposals, and any resulting contract shall be made in conformance with applicable Washington State laws and Policies.

Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. Bidders should familiarize themselves with the requirements prior to submitting a proposal. Bidders shall indicate on their Contractor Intake Form any current or former state employees who are employed by, or subcontracted with, Bidder.

B.13. ACCEPTANCE PERIOD

Proposals must provide ninety (90) business days for acceptance by OSPI from the due date for receipt of proposals.

B.14. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFP. OSPI may reject a Proposal as nonresponsive at any time for any of the following reasons:

• Incomplete Response

• Submission of a Response that proposes services that deviate from the scope and technical requirements set forth in this document and Exhibit B, Sample Contract, except as permitted in an amendment to this Solicitation.

• Failure to meet the minimum Bidder qualifications or to comply with any requirement set forth in this RFP, including Attachments.

• Submission of incorrect, misleading, or false information.

• History of prior unsatisfactory contractual performance.

The RFP Coordinator may contact any Bidder for clarification of the proposal. If a proposal is deemed non-responsive, it shall be removed from further consideration. Bidders whose proposals are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

If a proposal meets all administrative and Bidder qualification requirements and submittal instructions, OSPI shall continue with the written evaluation and, if applicable, the oral evaluation.

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19

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OSPI reserves the right at its sole discretion to waive informalities. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

B.15. MOST FAVORABLE TERMS

OSPI reserves the right to make an award without further discussion of the proposal submitted.

Therefore, the proposal should be submitted initially on the most favorable terms which the Bidder can propose. There will be no best or final offer procedure. OSPI does reserve the right to contact a Bidder for clarification of its proposal.

The Bidder should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Bidder’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to OSPI.

B.16. CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Bidder will be expected to enter into a contract which is substantially the same as the sample contract and its General Terms and Conditions. In no event is a Bidder to submit its own standard contract terms and conditions in response to this RFP. The Bidder may submit exceptions as allowed in the Certifications and Assurances section. OSPI will review requested exceptions and accept or reject the same at its sole discretion.

Should contract negotiations fail to be completed within two (2) weeks after initiation, the Agency may immediately cease contract negotiations, declare the Bidder with the second highest score as the new Apparent Successful Bidder, and enter into contract negotiations with that Vendor. This process will continue until the Contracts are signed or no qualified Bidders remain.

B.17. COSTS TO PROPOSE

OSPI will not be liable for any costs incurred by the Consultant in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

B.18. NO OBLIGATION TO CONTRACT

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This RFP does not obligate the State of Washington or OSPI to contract for services specified herein. OSPI also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract without penalty.

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B.19. REJECTION OF PROPOSALS

OSPI reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

B.20. COMMITMENT OF FUNDS

Only an authorized representative of OSPI may legally commit OSPI to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

B.21. STATEWIDE VENDOR PAYMENT REGISTRATION

Consultants awarded contracts as a result of this RFP will be required to register as a Statewide Vendor (SWV). The SWV file is a central vendor file maintained by the Office of Financial Management for use by Washington State agencies in processing vendor payments. This allows vendors to receive payments from all participating state agencies by direct deposit, the State's preferred method of payment. All OSPI Contractors are required to register as a Statewide Vendor; however, participation in direct deposit is optional. For online registration, visit the Office of Financial Management website.

B.22. WASHINGTON STATE BUSINESS REGISTRATION

Consultants awarded contracts as a result of this RFP will be required to register with the Washington Secretary of State and/or Washington State Department of Revenue if registration requirements set forth by the Department of Revenue apply.

B.23. INSURANCE COVERAGE

The Apparent Successful Bidder must comply with the insurance requirements identified in the General Terms and Conditions.

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the Contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to OSPI within fifteen (15) days of the contract effective date.

https://ofm.wa.gov/it-systems/statewide-vendorpayee-services https://dor.wa.gov/open-business/apply-business-license

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Section C. PROPOSAL CONTENTS

C.1. PROPOSAL OVERVIEW

Electronic submission:

Proposals must be formatted to print on eight and one-half by eleven (8 ½ x 11) inch paper size with individual sections clearly identified. The Letter of Submittal, excluding the signed Certifications and Assurances and Contractor Intake Form, shall be a maximum of one (1) page.

The five (5) major sections of the proposal are to be submitted in the order noted below:

1. Letter of Submittal including signed certifications, as applicable

2. Vendor Questionnaire

3. Management Proposal

4. Technical Proposal

5. Cost Proposal

6. Contractor Intake Form (Exhibit F)

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the proposal but should assist the Consultant in preparing a thorough response.

C.2. LETTER OF SUBMITTAL

The Letter of Submittal shall include introductory remarks, contact information for the Bidder’s point of contact for the proposal, and applicable certifications must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, (e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship).

C.3. VENDOR QUESTIONNAIRE

The Vendor Questionnaire must be completed and will help OSPI understand the consultant's business and agricultural practices including mission and philosophy, business size, sustainability practices, and local sourcing. Be sure to complete the correct questionnaire:

• Vendor Questionnaire – Farmer/Rancher/Producer/Fisher (Exhibit G)

• Vendor Questionnaire – Aggregator/Distributor (Exhibit H)

C.4. MANAGEMENT PROPOSAL (Maximum 3 Pages)

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The management proposal shall be a written document no more than 3 pages in length and address the following topics.

Administrative/Organizational Capacity

Consultants should outline their business and organizational structure including key personnel. Connect your organization’s structure to your ability to provide good internal controls and customer service. Consultants should reference their current customer base, and as applicable, participation in similar projects including work with OSPI, school districts, and school food service.

Consultant should also address the following:

A. Project Management/Team Structure/Internal Controls Provide a description of the proposed management team structure and internal controls to be used during the course of the potential contract term.

B. Relevant Experience Describe how the Consultant meets the minimum qualifications and, if applicable, the desired qualifications. Include other relevant experience that indicates the qualifications of the Consultant, and any subcontractors, for the performance of the potential contract.

Describe food safety practices, relevant certifications, and inspections from production through delivery. Include product traceability information showing ability to identify a specific product from origin through delivery, including the use of lot codes, labeling, procedures, and records management. Include product recall procedures.

Bidder shall also affirm minimum qualifications on Exhibit B Qualification Affirmations Form.

C. Related Contracts Include a list of contracts the Consultant has had during the last five (5) years that relate to the Consultant’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, phone numbers, and email addresses.

D. References List names, addresses, telephone numbers, and fax numbers/email addresses of three (3) business references for whom work has been accomplished and briefly describe the…