RFP 2027-06 USDA Processed Food Final.pdf

Request for Proposals No. 2027-06

Processed Foods Using USDA Commodities

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PROJECT TITLE: Processed Foods Using USDA Commodities

PRE-BID CONFERENCE: 1:00 p.m., Pacific Standard Time (PST) on Tuesday, November 10, 2026

ZOOM Link: USDA Pre-Bid Conference Virtual Meeting (optional)

PROPOSAL DUE DATE: 10:00 a.m., Pacific Standard Time (PST) on Thursday, December 3, 2026

ESTIMATED CONTRACT PERIOD: July 1, 2027 – June 30, 2028. 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 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:

385-42 Frozen foods; 385-44 Meat Entrees (Includes Beef and Pork); 961-06 Misc. Services No. 1 (Not otherwise classified) Beef, Pork, and other Meat Processing Services; 962-75 Misc. Services, No. 2 (Not otherwise classified) Seafood Processing Services; 962-59 Misc. Services No. 2 (Not otherwise classified) Food

Processing Services; 385-57 Frozen Foods – Pizzas; 390-07 Perishable Foods – Cheese; 370-35 Food

Processing and Canning Equipment and Supplies – Oil, USDA Approved for Food Processing; 385-96 Frozen

Foods – Frozen Vegetables; 375-54 Bakery Products (Fresh) Foods – Pizza; 961-59 Misc. Services No. 1 (Not otherwise classified) Poultry Hatching and Processing Services; 385-47 Frozen Foods – Specialty Entrees

(Including Corn Dogs, Lasagna, Mexican Food, etc.); 393-54 Staple Grocery and Grocer’s Misc. Items Foods

– Fruits, Canned, Processed and Preserved (Incl. Fruit Sauces and Puree); 393-60 Staple Grocery and Grocer’s

Misc. Items Foods – Fruit and Vegetable (Not Frozen) Juices https://teams.microsoft.com/meet/2377466915318435?p=jvzA61SSOKMS84UUc0 mailto:Brenda.Merritt@k12.wa.us https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/

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

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. SPECIFICATIONS

A.9.PAYMENT TERMS

A.10.AMERICANS WITH DISABILITIES ACT

A.11. BUY AMERICAN……………………………………………………………………………………..…………………10

A.12. FEDERAL RESTRICTIONS ON LOBBYING………………………………………………………………..10

A.13. DEBARMENT AND SUSPENSION ……………………………………………………………………………10

Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFP COORDINATOR

B.2. QUESTIONS & ANSWERS

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

B.4. COMPLAINT PROCEDURE

B.5. SUBMISSION OF PROPOSALS

B.6. WITHDRAWAL/MODIFICATION

B.7. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

B.8. ADDENDUMS AND AMENDMENTS TO THE RFP

B.9. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES (MWBE), AND

VETERAN-OWNED BUSINESS PARTICIPATION

B.10. ETHICS, POLICIES, & LAW

B.11. ACCEPTANCE PERIOD

B.12. RESPONSIVENESS

B.13. MOST FAVORABLE TERMS

B.14. CONTRACT AND GENERAL TERMS & CONDITIONS

B.15. COSTS TO PROPOSE

B.16. NO OBLIGATION TO CONTRACT

B.17. REJECTION OF PROPOSALS

B.18. COMMITMENT OF FUNDS

B.19. STATEWIDE VENDOR PAYMENT REGISTRATION

B.20. INSURANCE COVERAGE

Section C. PROPOSAL CONTENTS

C.1. LETTER OF SUBMITTAL (MANDATORY)

C.2. VENDOR PROFILE/REFERENCES (SCORED)

C.3. COST PROPOSAL

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. AWARD CRITERIA

D.3. EVALUATION PROCESS AND SCORING ……………………………………………………………..…….22

D.4. SCORING PREFERENCE RELATED TO POLYCHLORINATED BIPHENYLS

D.5. SELECTION OF APPARENT SUCCESSFUL BIDDER

D.6. NOTIFICATION TO BIDDERS

D.7. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.8. PROTEST PROCEDURE

Section E. RFP EXHIBITS

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F ................................................................................................... Error! Bookmark not defined.8

EXHIBIT G

EXHIBIT H

EXHIBIT I ...................................................................................................... Error! Bookmark not defined.

Section A. INTRODUCTION

This section describes the purpose of the RFP and provides information about this procurement, including the potential scope of the opportunity and requirements.

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.

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 Consultant 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.

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.

Fiscal Year – In Washington State, a 12-month period extending from July 1 of one calendar year to

June 30 of the next calendar year.

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.

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.

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. Consultants are encouraged to register with

WEBS to receive automatic notifications about this and other procurements.

A.2. PURPOSE OF REQUEST FOR PROPOSALS

The purpose of this Competitive Procurement is to receive competitive bids to evaluate and, as appropriate, award a Contract 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 to establish state contracts for the processing of United States Department of Agriculture (USDA) Donated Foods.

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 and seven (7) state-tribal education compact schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education.

OSPI also oversees multiple Federal Child Nutrition Programs. OSPI has entered into an agreement with USDA to administer the Food Distribution Program for approved Local

Education Agencies (LEAs) participating in the National School Lunch Program (NSLP) to receive, warehouse and distribute USDA Foods to Local LEAs. LEAs are generally known as public and private schools. There are currently three hundred thirty-five (335) participating LEAs in

Washington. Of these, there are one hundred fifty (150) LEAs located in Eastern Washington and one hundred eighty-five (185) LEAs in Western Washington.

A.4. OBJECTIVE AND SCOPE OF WORK

A. Objective The purpose of this solicitation is to establish a state contract for Processed

Donated USDA Foods. The contract’s primary purchaser will be OSPI who is providing distribution to LEAs. However, LEAs that have the capacity for direct shipments and can meet vendor minimum shipment requirements will be eligible to utilize this agreement by entering into a separate agreement with any awarded bidders directly.

OSPI will provide the USDA Foods to be used in the manufacturing process.

Estimated contract value for each item for the first year:

Product Approx. Contract Value* *values are from the 2025-2026 SY

Approximate number of cases

Cheese Omelet $201.988 2,330 cases

French Toast Sticks $211,713 3,654 cases

French Toast Whole $177,174 2,457 cases

Breakfast Burrito New Product

Bean & Cheese Burrito (IW) and/or

BULK

$208,559 2,976 cases

Garlic Cheese Toast $186,515 4,272 cases

Marinara Sauce Dipping Cups $214,155 4,116 cases

BBQ Sauce Dipping Cups New Product

Salsa Cups New Product

Pizza Sauce #10 cans $23,296 1,120 cases

Low Sugar Ketchup #10 cans $81,013 2,632 cases

Low Sugar Ketchup Packets $62,640 2,880 cases

Tater Tots $239,320 7,980 cases

Mashed Potatoes New Product

Hashbrown Patties, Circle shaped New Product

Fruit Cup, shelf stable or frozen New Product

Beef patties w/Teriyaki Sauce, fully cooked

$236,484 4,130 cases

Beef Pattie, fully cooked (2 different vendor #’s combined)

$234,254 6,389 cases

Chicken Nuggets, breaded (2 different vendor #’s combined)

$466,221 9,205 cases

Chicken Patties, breaded (2 different vendor #’s combined)

$442,883 8,230 cases

Popcorn Chicken, breaded $223,477 5,615 cases

Pancake or Waffle Roll Up/ Sandwich with Sausage

New Product

A.5. BIDDER 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 the

Apparent Successful Bidder.

• All vendors for School Year 2027-2028 shall be approved for processing by USDA with a

National Processing Agreement (NPA) or a USDA approved In-State processor agreement for the State of Washington. Either agreement must be on file and approved by OSPI.

• Successful Bidders shall attend the Annual Washington OSPI/WSNA USDA Food Show on

February 3, 2027, at Emerald Downs in Auburn. Samples of contracted items will be provided for sponsors to taste test prior to their completion of the 2027-28 SY Pre-Order Survey.

• Bidder must be available to participate in OSPI-hosted taste tests. Vendors shall send samples to locations as directed OSPI by Tuesday, January 5, 2027

Consultants who do not meet these 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.

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, 2027, and end on or about June 30, 2028. 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 four (4) additional contract years through 2028-2029, 2029-2030, 2030-2031 and 2031-2032. Decision to amend shall be based on sustained satisfactory performance as decided by the Contract Manager, successful completion of project objectives, and availability of funding. If OSPI provides a renewal notice to the Contractor, the Contractor shall be obligated 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 amount not to exceed three million dollars ($3,000,000) for the initial term of each of the contracts awarded; however, OSPI does not represent or guarantee any minimum purchase from the resulting contract. Proposals in excess of this amount will be rejected as non-responsive and will not be evaluated.

Any contract awarded is contingent upon the availability of funding. Bidders are encouraged to provide their most favorable and competitive cost estimate to perform the work.

A.8. SPECIFICATIONS

See Exhibit F for guidelines on Specifications. Should any additional federal or governing agency regulations be imposed affecting the processing of USDA Commodity products, OSPI retains the option to amend specifications to meet the additional requirements.

A.9. PAYMENT TERMS

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

A.10. 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.11. 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.12. 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.13. 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.

Section B. GENERAL INFORMATION FOR BIDDERS

This section describes the procurement timeline and includes useful information for Bidders such as procurement procedure and state requirements.

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:

Name: Brenda Merritt

Address:

600 Washington St SE

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. Answers or other applicable addenda will be posted to OSPI and WEBS in accordance with the schedule in Section B.3.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow OSPI to consider and, if warranted, respond to the inquiry. If a Bidder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such matter may be considered to be waived by the bidder for protest purposes.

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Item Action Date

1. OSPI issues RFP October 28, 2026

2. Question and Answer period October 29-

November 10, 2026

3.

OSPI Hosts PRE-BID Conference – 1:00 – 2:00 p.m.

ZOOM Link: USDA Pre-Bid Conference Virtual Meeting

(optional)

November 10, 2026

4.

OSPI posts final Question and Answer Addendum or

Amendment (if necessary) November 17, 2026

4. Complaints due November 24, 2026

5. Proposals due by 10 a.m. Pacific Standard Time (PST) December 3, 2026 mailto:Brenda.Merritt@k12.wa.us https://teams.microsoft.com/meet/2377466915318435?p=jvzA61SSOKMS84UUc0

6. OSPI conducts evaluation of written proposals December 4-11, 2026

7.

OSPI conducts taste tests – samples from vendors to be sent to location as directed by Food Distribution Supervisor or RFP Coordinator. Samples must be received no later than

Tuesday, January 5, 2027

January 2027

8.

OSPI announces “Apparent Successful Bidder” and sends notification to unsuccessful Bidder(s) January 18, 2027

9. OSPI conducts debriefing conferences (if requested) As Requested

10. Contract negotiation begins January 18, 2027

11.

** Goal is to execute contract by January 27, 2027**

Contract start date will be July 1, 2027 January 27-29, 2027

OSPI reserves the right to revise the above schedule.

PRE-BID CONFERENCE

A pre-bid conference is scheduled to be held on Tuesday, November 10, 2026, at 1:00 P.M.

PST. 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.

The pre-bid conference will be held virtually: USDA Pre-Bid Conference Virtual Meeting (optional)

All prospective Consultants should 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.4. COMPLAINT PROCEDURE

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.

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

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. In order 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 to

WEBS prior to the proposal due date. Any complaint addressed during the complaint process cannot be raised during the protest process.

B.5. SUBMISSION OF PROPOSALS

Vendors shall submit proposals as an attachment to an email to the RFP Coordinator noted in Section

B.1. Proposals must arrive by 10:00 a.m. PT on Thursday, December 3, 2026. 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). Zipped files may be received by OSPI and can be used for submission of proposals. 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, unless it is determined that

OSPI’s email system or server was at fault.

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 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.6. 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.7. 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.

B.7.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.7.ii. PUBLIC RECORDS REQUESTS

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.8. 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 http://www.k12.wa.us/publicrecordsrequest/ https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements 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.9. 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. However, no preference points 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.

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.

Vendors who meet criteria set forth in chapter 39.19 RCW, should complete and submit the Contract

Intake Form.

B.10. 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.11. ACCEPTANCE PERIOD

Proposals must provide ninety (90) business days for acceptance by OSPI from the due date for receipt of proposals. OSPI may accept such bid, with or without further negotiation, at any time within such period.

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

B.12. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFP- i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. 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 D, 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 or evaluator(s) may contact any Bidder for clarification of the proposal. A bidder’s failure to provide requested information to OSPI within ten (10) business days may result in disqualification. 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.

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.13. 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 and 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.14. 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 documented in the Contract Issues Exhibit. 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.15. 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.16. NO OBLIGATION TO CONTRACT

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.

B.17. 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.18. 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.19. 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.

https://ofm.wa.gov/it-systems/statewide-vendorpayee-services

B.20. 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.21. 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://dor.wa.gov/open-business/apply-business-license

Section C. PROPOSAL CONTENTS

This section identifies how to prepare and submit a bid/proposal for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to the

Procurement Coordinator to constitute a responsive bid. By responding to this Competitive

Solicitation and submitting a bid, bidders acknowledge having read and understood the entire

Competitive Solicitation and accept all information contained within this Competitive Solicitation.

C.1. SUBMISSSION OF PROPOSALS

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. Documents submitted (Nutrition fact sheets, SEPDS, etc.) are to be ADA Compliant (preferred). The Letter of Submittal, excluding the signed Certifications and

Assurances and Contractor Intake Form, shall be a maximum of one (1) page. The three (3) major sections of the proposal are to be submitted in the order noted below:

1. Letter of Submittal including signed:

a. Certifications and Assurances

b. Contract Issues List (if applicable)

c. Qualification Affirmations

d. Contractor Intake Form

2. Vendor Profile and References

3. Cost Proposal/Price Worksheet

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 (Mandatory)

The Letter of Submittal, the attached Certifications and Assurances, and the attached Contractor

Intake Form 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).

Along with introductory remarks, please attach to the Letter of Submittal the following information about the Consultant and any proposed subcontractors:

1. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.);

2. Location of the facility from which the Consultant would operate; and

3. A detailed list of all materials and enclosures included in the Proposal.

C.3. VENDOR PROFILE/REFERENCES (SCORED)

A. Project Management

1. Management Team – Provide a description of the proposed management team structure to be used during the course of the potential contract term, including any subcontractors.

2. Staff Qualifications/Experience – Identify staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel.

B. Experience of the Vendor

Include other relevant experience that indicates the qualifications of the Vendor, and any subcontractors, for the performance of the potential contract.

C. References

In Exhibit G Vendor Profile and 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 type of service provided for them.

By submitting a proposal in response to this RFP, the vendor and team members grant permission to OSPI to contact these references and others, who from OSPI’s perspective, may have pertinent information. OSPI may or may not, at OSPI’s discretion, contact these references or others. OSPI reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

D. Past Performance

Provide information regarding past performance by indicating if the Vendor has received notification of contract breach in the past five (5) years. This does not lead to automatic disqualification. However, OSPI reserves the right to disqualify Vendor proposals based on the Vendor’s historical performance.

C.4. Subcontractors

Identify any known or potential subcontractors who will be assigned to the potential contract. Once a contract is awarded, the contract will be subject to compliance tracking using the State’s business diversity management system, Access Equity (B2Gnow).

Confidential information (Tax ID, etc.) will not be published. Contractors that have previously registered with B2Gnow for any public entity, must verify the system has updated information. User guides and documentation related to Contractor and

Subcontractor access to and use of Access Equity are provided by the Office of Minority and Women’s Business Enterprises in the Access Equity Help Center.

https://omwbe.diversitycompliance.com/ https://omwbe.wa.gov/access-equity-help-center

Each month during the contract, the Contractor is required to report payments to all

Subcontractors through the Access Equity system. This monthly reporting information includes total payment in dollars made to the Subcontractor, payment dates, and any additional information required to verify payment to Subcontractors. The Contractor shall enter this payment information into the Access Equity system, and require the Subcontractors verify the information in the system. Online training is available through the Access

Equity/B2Gnow system. This requirement applies to both Contractors and Subcontractors, proposed during the procurement process and/or after a contract has been awarded and/or executed.

C.5. COST PROPOSAL

A. Proposal Pricing

Proposal prices must include all cost components needed for the delivery of the

Processed Donated USDA Foods as described in this Solicitation document. All proposal pricing is to include FOB Destination (freight prepaid) to any location within the State of

Washington.

Failure to identify all costs in a manner consistent with the instructions in this RFP is sufficient grounds for disqualification.

OSPI makes no volume commitment in this solicitation. The proposed pricing levels should reflect the market provided by the Contract resulting from this solicitation.

In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

B. Price Sheet (SCORED)

Vendor shall extend unit pricing (cost per serving) as required. In the event of an error in the extension of prices, the unit pricing (cost per serving) shall prevail. Prices shall include all associated costs (e.g., brokerage, freight, or other fees, etc.) Prices are in US dollars. Vendor must complete Exhibit H Price Worksheet.

C. Price Adjustments

Contractor requests for adjustments in pricing will be considered at sole discretion of OSPI and must be documented and referenced to Producer’s Price Index increases. Anticipated pricing adjustment requests must be submitted prior to July 1, 2027.

D. Shipping Terms

All goods will be shipped Freight on Board (FOB) destination, freight prepaid and included in unit pricing. If delivered product temperature is in question, temperature logs will be requested and presented to OSPI contract manager. Load may be refused at no cost to

OSPI. All truck seals must be in place to receive product, or explanation as to why no seal in place.

E. Samples

OSPI reserves the right to ask for samples at Vendor’s expense.

All samples provided to OSPI shall be identical to products quoted by Vendor and shall be labeled with Vendor’s name, stock number, proposal number, and solicitation line-item number. All samples are an express warranty, which shall also apply to all products provided under this contract. Vendors failing to comply with this requirement may have their proposal rejected or contract terminated.

Samples will be requested for taste testing after proposal opening and prior to contract award. Samples are to be shipped and received within five (5) working days of OSPI notification. Failure to provide requested samples within five (5) working days after request may result in proposal rejection. Samples will be considered property of the state and will not be returned.

F. Use of Subcontractors

If applicable, Vendor shall identify all subcontractors who will perform services in fulfillment of contract requirements, including their name, the nature of services to be performed, address, telephone, facsimile, email, federal tax identification number (TIN), and anticipated dollar value of each subcontract:

OSPI reserves the right to approve or reject any and all Subcontractors the Vendor proposes.

G. Monthly Processing Reports to OSPI

Monthly Processing Reports (MPR’s) are required to be consistently submitted to the

USDAFDD@k12.wa.us in box by the 15th of the following month (or within 30 days of close).

EOY MPR’s with balances need to be submitted to the USDAFDD@k12.wa.us in box by July

15th.

mailto:USDAFDD@k12.wa.us mailto:USDAFDD@k12.wa.us

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this RFP and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team, to be designated by OSPI, which will determine the ranking of the proposals.

For responsive bids, OSPI will determine whether the bidder is a “responsible bidder.” Accordingly, OSPI may make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, OSPI may consider the following statutory elements:

• Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

• Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

• Bidder’s ability to perform the contract within the time specified;

• Bidder’s performance quality pertaining to previous contracts or services;

• Bidder’s compliance with laws relating to the contract or services;

• Whether, within the three-year period immediately preceding the date of the Competitive

Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

• Such other information as may be secured having a bearing on the decision to award the

Contract.

In accordance with RCW 39.26.160(2)(a)-(g), OSPI may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

D.2. AWARD CRITERIA

The Award will be based on the total evaluation points by item and the Vendor’s ability to meet the required product specifications listed in the proposal including past performance and reference responses. Total acquisition cost includes, but is not limited to, price, delivery, service, contract administration and terms of payment. Vendor will indicate each cost for items shown in Exhibit H

Price Worksheet.

Contract award shall be made to the Highest Scored Responsive and Responsible Vendor based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 43.19.1911. Vendors whose proposals are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

Subject to the provisions of RCW 43.19.1911 and Charter 236-48 WAC, OSPI reserves the right to: (1)

Waive any informality; (2) Reject any or all Proposals, or portions thereof; (3) Accept any portion of the items proposed unless the Vendor stipulates all or nothing in their…