RFP 22-16 Vending Machine Services Revised.pdf

DEMING PUBLIC SCHOOLS

Request for Proposals

No. RFP # 22-16

Vending Machine Services

Commodity Codes: 96115

Contracting Agency: Deming Public Schools

Address: 1001 S. Diamond Ave.

Deming, NM 88030

Telephone: 575-546-8841 Ext. 2007

Fax: 575-546-8517

Issue Date: July 5 , 2022

Deadline for Submission: August 4, 2022 at 3:00 pm MST

Chief Procurement Officer: Amanda Stockman

E-mail: Procurement@demingps.org mailto:amanda.stockman@demingps.org

DEMING PUBLIC SCHOOLS, NEW MEXICO

PROPOSAL PACKAGE

RFP# 22-16

VENDING MACHINE SERVICES

On behalf of the Board of Deming Public Schools, and pursuant to and in compliance with the NM State Procurement Code, Deming Public Schools hereby invites competitive sealed Proposals for Vending Machine Services. Sealed Proposals will be accepted until the date specified. Opening will take place at Deming Public Schools Administration Office, located at 1001 S. Diamond Ave., Deming, NM, in the Conference Room. The Board of Deming Public Schools reserves the right to reject any and all bids, to accept the proposals which in its judgment is most suitable and in the School's best interest, to be the sole interpreter of the intent of any clauses of the specifications and the sole judge as to whether an offer complies with specifications.

IMPORTANT:

PROPOSALS ARE DUE BY: August 4. 2022 AT 3:00 PM MST

The words "SEALED PROPOSAL" along with the OFFEROR'S NAME AND ADDRESS AS WELL

AS THE PROPOSAL NUMBER AND TITLE MUST appear clearly on the outside sealed envelope or package of all bids.

WE LOOK FORWARD TO YOUR PROPOSAL SUBMISSION.

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING PROPOSAL SPECIFICATIONS OR

CONDITIONS THAT WOULD PREVENT YOU FROM SUBMITTING A PROPOSAL, CONTACT THE

PROCUREMENT OFFICER IMMEDIATELY FOR CLARIFICATION OR CONSIDERATION OF AN

ADDENDUM.

Bids may be mailed to: Deming Public Schools

Purchasing Department

1001 S. Diamond Ave.

Deming, NM 88030

Or

Electronic submission: Bidnet Direct https://www.bidnetdirect.com/new-mexico/demingpublicschools https://www.bidnetdirect.com/new-mexico/demingpublicschools

ACKNOWLEDGMENT OF RECEIPT FORM

RFP# 22-16

VENDING MACHINE SERVICES

In acknowledgment of receipt of this Request for Proposal (RFP) the undersigned agrees that they have received a complete copy of this proposal consisting of twenty-three (23) pages.

This Acknowledgment of Receipt Form should be signed and returned to the Procurement Office no later than 3:00 PM local time on July 15, 2022. Only potential Offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and the District’s written response to those questions, as well as Amendments, if any are issued.

FIRM:

REPRESENTED BY:

TITLE:

ADDRESS:

CITY, STATE, ZIP:

PHONE NO.: FAX NO.:

EMAIL:

The above name and address will be used for all correspondence related to this Request for Proposal.

The above Firm DOES DOES NOT intend to respond to this Request for Proposal.

(Circle One)

Return this form to: Deming Public Schools

Procurement@demingps.org

Please return this form by the close of business July 15, 2022.

This form is NOT MANDATORY in order to submit a proposal. This form provides information to send notices/updates regarding this solicitation, if issued.

mailto:Procurement@demingps.org

PROPOSAL CONDITIONS FOR

RFP-22-16 – VENDING MACHINE SERVICES

GENERAL CONDITIONS

1. Proposals Binding 30 days: Unless otherwise specified all formal proposals submitted shall be binding for thirty (30) calendar days following proposal opening date, unless the Offeror(s), upon request of the

Procurement Officer, agrees to an extension.

2. Payment Terms: For all purchases made by Purchase Order, payment shall be made net 30 days from invoice date after receipt of goods/services unless otherwise specified on Proposal form or as otherwise agreed by both parties. All invoices shall be submitted directly to the Deming Public Schools Finance Department at 1001 S. Diamond Ave., Deming NM 88030. Must have a valid W-9 form on file prior to any payments being issued.

3. Taxes: Price as shown on the bid proposal form shall be exclusive of gross receipts tax; however, the applicable gross receipts tax shall be shown as a separate amount on each billing made under the contract.

4. Equivalency: The Schools hereby reserves the right to approve as equivalent, or to reject as not being equivalent, any item the Offeror proposes to furnish which contains variations from specification requirements but may comply substantially therewith. Such decisions are strictly at the discretion of the

Schools.

5. If there is any clarification, problem, ambiguity or question regarding this proposal, you must contact the

Procurement Officer or designee prior to the proposal opening. Clarifications and addenda will be considered prior to the proposal opening. Answers provided regarding the proposal specifications or proposal package

MUST be answered by the Procurement Officer or designee. Questions answered by any other person or

Deming Public Schools official shall be considered completely non-applicable to the legal provisions of this proposal, except as specifically authorized by the Procurement Officer.

6. Restrictive Specifications: It is the responsibility of the prospective offeror to review the entire Request for proposals (RFP) packet and to notify the purchasing department if the specifications are formulated in a manner which would unnecessarily restrict competition. Any such protest or question regarding the specifications or offer procedures must be received in the purchasing department not less than seventy-two hours prior to the time set for proposal opening.

8. An in-state resident or resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the offeror must list a valid resident business certificate number and shall submit a copy of the certificate with the proposal.

If you have a question regarding a Resident Business (or Resident Veteran Business) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-

827-0951. This number is valuable to have as it allows the Schools to consider your proposal at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004).

9. Proposal Forms: All pages included in this Request for proposals that are marked "PROPOSAL FORM" must be completed and returned as part of the proposal document. All proposals must be completed and securely sealed prior to submitting to the purchasing office. No un-sealed, faxed or e-mailed proposals are acceptable.

10. Offeror shall list on a separate sheet of paper any variations from or exceptions to the conditions and specifications of this proposal. This sheet shall be labeled "Exception(s) to Proposal Conditions" and shall be included with bid.

11. Brand Names & Model Numbers: Any brand names and model number used herein are stated as a matter of convenience to indicate the level of quality for materials and workmanship; type of item needed; features needed; and, expected capabilities. As required by Law, demonstrably equal products will be given full consideration and the bidder is invited to offer such, except where it is clearly stated that such brand names and/or models are specified for the purpose of standardization. Where items vary from these specifications or where items offered are other than the brand name and/or model number stated herein, the Offeror must clearly note all variances on a separate paper titled "Exceptions to Specifications" and must include this in their proposal package along with any technical literature or documentation clearly showing supporting evidence of equality or superiority to that which was specified herein. Equivalency will be determined by the

Schools based on information provided and submitted with the proposal.

12. Non-collusion: Vendors, by submitting a signed bid or proposal, certify that the accompanying bid or proposal is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under New Mexico or United States law.

13. Non-discrimination: Vendors, during the performance of this contract, will not discriminate against any employee or applicant for employment because of race, color, religion, creed, political ideas, sex, national origin, age, marital status or physical or mental disability except where such is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. By signing and submitting a proposal, vendor agrees to comply with this paragraph.

14. Qualifications of Offerors: The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

15. This proposal is available for use by all Deming Public Schools departments, and any other State, Schools or local government agency, as provided for by law, at the discretion of the contracted vendor(s).

16. The State of New Mexico's Procurement Code, Section 13-1-28 through Section 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violations. In addition, the New Mexico Criminal Statutes imposes felony penalties for illegal bribes, gratuities and kickbacks.

17. Deming Public Schools reserves the right to reject any proposal from a offeror who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject the proposal of a offeror who is not in a position to perform such a contract satisfactorily. Such is at the discretion of the Schools.

18. The successful offeror agrees to protect, defend and save the Schools, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the contractor and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the Schools, under this agreement.

19. If a offeror/Contractor to whom a proposal is awarded refuses to accept the award or, fails to deliver in accordance with the contract terms and conditions, Deming Public Schools may, in its discretion, suspend the offeror/contractor for a period of time from entering into any contracts with Deming Public Schools.

20. This solicitation is governed by the laws of the State of New Mexico. By signing and submitting a proposal, the parties agree that any litigation concerning this proposal, limited solicitation, or subsequent contract or purchase order, must be brought in the Sixth Judicial District in and for Deming Public Schools, State of

New Mexico, and each party shall pay its own costs and attorney fees.

21. The contractor warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship and free from defect. Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified herein by the Schools.

22. All prices and payments must be in U.S. dollars.

23. Successful offeror must, in performance of work on this project, agree to fully comply with all applicable federal, state and local laws, rules and regulations.

24. It is the responsibility of the offeror to ensure that any addenda issued related to this Request for proposal have been received prior to submitting a proposal. The Schools guarantees that any addenda issued will be distributed and available to every party on the Distribution List for this solicitation. The Schools will not accept responsibility for addenda not being obtained, and will not guarantee that addenda will be forwarded or available if the original packet was not obtained as directed.

25. Performance: The offeror, if awarded a contract as a result of this proposal, guarantees that the materials supplied are capable of the performance required in the specifications of this proposal, and agrees to make such changes, adjustments, or replacements as are immediately necessary in order for the materials to meet the purchasing requirements at no cost to the Schools. If defects or specification failures are discovered, the

Schools shall have the right, notwithstanding acceptance and payment, to require the unit/item to be properly furnished in accordance with the specifications and drawings at the cost and expense of the offeror or the offeror's surety.

26. Inspection of materials: The Schools reserves the right to inspect materials provided by the offeror through a contract resulting from this proposal to determine their quality, fitness and suitability.

27. Manufacturer's Information: Any proposal made in response to this invitation must include the manufacture's make and model number (as applicable and if practical) of each item and literature clearly describing the item. Failure to provide this information may result in rejection of the proposal.

28. Public Inspection: Each proposal shall be open to public inspection, except to the extent the offeror designates trade secrets or other proprietary data to be confidential if applicable. Material so designated shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Designating the entire proposal as confidential is not acceptable. Prices and makes and models or catalog numbers of the items offered, deliveries and terms of payment shall be publicly available at the time of the opening of the proposal regardless of any designation to the contrary. The Schools shall endeavor to restrict distribution of the material designated as confidential to only those individuals involved in the review and analysis of the proposals. Offerors are cautioned that materials designated confidential may nevertheless be subject to disclosure to any New Mexico citizen under the Inspection of Public Records Act (Sections 14-2-1 through

14-2-3 N.M.S.A. 1978)

29. All purchases are governed by the statues of the State of New Mexico and the regulations of Deming Public

Schools.

PROPOSAL SPECIAL CONDITIONS FOR

1. Purpose and Scope: To establish a price agreement for commission for onsite, beverage and snack vending machine services.

2. Term of Contract: The term of this contract shall be from the date of award through one calendar year.

The District reserves the option to renew this agreement for three (3) each additional, one (1) year periods.

3. Multiple Awards: It is the intent of the District to award vending services to full service Contractor(s) who can provide BOTH a variety of soft drinks/beverages and snack foods, candy products etc. If no responsive bids are received for a full service Contractor, the District reserves the right to make multiple awards or award this contract in whatever manner it determines to be in its best interests.

4. Selling Prices and Adjustments: All snack items, chips, pastries, candies, and drinks sold through vending machines shall be sold at the prices submitted with this proposal. All requests for price increase by Contractor will be substantiated by documentation and copies of invoices showing the cost of product, the last time selling price was increased, the current cost of product, the proposed selling price, and the estimated effect on sales that the new selling price will have. Any change in selling price, if acceptable to the District, shall be approved in writing by the Chief Procurement Officer, prior to increasing selling prices.

5. Default: Any failure by the successful contractor(s) to make payment or deliveries as determined by contract and in accordance with the terms and conditions described herein shall be considered by the

District to be in default. This includes strict adherence to nutrition guidelines for snacks and beverages stocked and sold in school site vending machines in locations generally accessible to students, as presented in this RFP and further prescribed by the National Student Lunch Program and USDA Smart Snacks standards. The contractor(s) will have seven (7) days to remedy a default situation. Grounds for failure to remedy default situation(s) will result in the termination of said agreement for vending and beverage services for the District.

6. Order of Precedence: In the event of conflicting terms and conditions between General Conditions, Special Conditions, or conditions set forth in the Scope of Services/Specifications, the order of precedence shall be: Specifications shall supersede Special Conditions, Special Conditions shall supersede the General

Conditions.

SCOPE OF WORK

I. INTRODUCTION

A. Deming Public Schools is soliciting proposals to establish one or more contract(s) with a highly qualified Vendor(s) for Vending Machine Services.

B. The Deming Public School District covers an area of approximately 2,965 square miles (see attached map, Appendix “C”), and is one of the 89 public school districts in New Mexico. The

District includes 7 elementary school, 2 mid schools, and 2 high schools with a total student enrollment of about 5,200. The District maintains transportation, warehouse, maintenance, athletic, and administrative facilities and employs approximately 900 staff members. The Deming Public

Schools website is www.demingps.org for more information.

C. Contacts

1. All questions concerning this Request for Proposals (RFP) should be submitted to the

Procurement Officer listed below.

Amanda Stockman, Deming Public Schools

1001 S Diamond Ave

Deming, New Mexico 88030

(575) 546-8841

Procurement@demingps.org

II. SEQUENCE OF EVENTS

A. Schedule subject to change.

Action Responsibility Date/Time (Local Time)

1. Issue RFP

District July 5, 2022

2. Acknowledgement of Receipt

Form Deadline

Potential Offerors July 15, 2022 at

3:00 PM

3. Deadline to Submit Written

Questions

Potential Offerors July 19, 2022 at

3:00 PM

4. Response(s) to written questions, via email

Procurement Manager July 21, 2022

5. Deadline to Submit Proposals Offerors August 7, 2022 at

3:00 PM

6. Proposal Evaluation

Evaluation Committee August 8, 2022 through August

12, 2022

8. Recommendation for Award to

Governing Body

Procurement Manager August 18, 2022

9. Contract Negotiations

District August 19, 2022 through August

23, 2022 http://www.demingps.org/ mailto:Procurement@demingps.org

10. Notice of Award

District August 24, 2022

11. Protest Deadline

Offerors September 7, 2022

III. SCOPE OF SERVICES/SPECIFICATIONS

A. Awarded Contractor(s) for this service, shall have the right to sell snack foods and beverages to meet the demands of students, employees, and members of the public visiting District offices and athletic facilities.

1. Vending machines furnished pursuant to this agreement, and any replacements thereof, shall remain the property of the vendor with no sale or lease intended. Contractor shall, at its sole cost and expense, service all equipment with merchandise and maintain said equipment in clean, sanitary, and in good mechanical condition. The District shall provide and maintain, at its expense, suitable space, electricity, water, and utilities required for efficient performance of vending machines. The District shall not be responsible for loss of or damage to vendor’s vending machines, equipment, or their contents, except where such loss or damage is caused by the negligence or willful misconduct of the District or agents or employees of the District.

2. All Deming Public School locations participate in the National Student Lunch Program

(NSLP). Vending machines located at Schools Sites in areas commonly accessible to students during the school day must meet NSLP requirements and may only vend products that meet USDA Smart Snack standards for that school type as described in Appendix B.

a. Failure to adhere to these nutritional guidelines or remedy a violation will result in termination of the contract.

B. Equipment: All equipment will be in first class operational condition.

1. Upon award, Contractor shall provide a list indicating the type, model, and year of manufacture for each machine proposed for this contract. Machines will be new, current production models or updated, refurbished models. All machines will contain dollar bill reader/changers.

2. The District reserves the right to determine equipment selections installed at each location and is not guaranteeing that all locations will be maintained for the term of the contract.

C. School Sites: Elementary, Middle, and High School locations may require and request vending machines with timers, restricting sale of all snacks and beverages during designated breakfast and lunch times in order to comply with rules set forth in the National Student Lunch Program.

D. Installation: Contractor will be required to coordinate the installation of equipment with the removal of equipment by the contractor in order to assure a minimum period of time without service and that all equipment is in place.

E. Sanitation: Contractor shall be responsible for keeping all vending machines clean, orderly, attractive, and in sanitary condition and in compliance with all applicable state, federal, and local health and sanitation requirements.

F. Service and Supply: Contractor agrees to adequately stock machines on a timely basis and to assure that all merchandise in the machine is fresh.

1. Failure to ensure expired items are removed and replaced (when advised of by District personnel, or during a regular restocking schedule) shall be means of contract termination.

G. Refunds: Contractor shall refund to appropriate personnel at each District site, money lost by customers through equipment malfunctions including, but not limited to, non-delivery of merchandise, spoiled products, dated product, or incorrect change. The means by which the reimbursements are to be made shall be mutually agreed upon between Contractor and the District.

H. Site Inspection: Vendors are expected to contact and visit Deming Public School locations for an onsite inspection of the present vending operations and determine all the requirements associated with this project. Locations and number of machines are placed in schools and facilities at the sole discretion of each school Principal or authorized District representative. The District reserve the right to add or remove schools or facilities. School Principals, or an authorized District representative, may choose to allow one or more of the awarded vendors to place a vending machine in their building.

I. Products: Contractor shall provide a complete list of proposed products to be sold. This list will include brand name, portion size, and proposed selling price as stated on the Cost Proposal Sheet

(Appendix “A”). Additional nutritional information must be provided when requested by the

District.

1. Additional items or substitute items may be added to this list throughout the term of the contract with written approval by an authorized District representative.

J. Product Type: School locations may require Smart Snacks/Beverages only, traditional snacks and beverages only, or a combination of both.

1. The product mix will be coordinated with each school and facility, depending on the culture of that school or facility and the location of each machine.

2. Smart Snacks must adhere to guidelines promulgated by the Healthy Hungry Free Kids Act of 2010 – Smart Snacks Rule. Smart Snacks have restrictions on calories, sodium, total fat, saturated fat, trans fat, and total sugar. See Appendix “B” for a list of nutritional specifications.

3. Products in vending machines where students do not have access during school hours, as determined by the District (i.e. staff break rooms, administration facilities), do not fall under the Smart Snacks category and may be stocked with traditional snacks and beverages.

K. Commissions: Contractor AGREES TO PAY a percentage commission on gross sales of each machine. Gross sales are defined as money removed from vending machines. Bidders must indicate the percentage commission fee payable to the school, facility, or department where the vending machine has been placed on the Cost Proposal Sheet (Appendix “A”).

L. Audits: Contractor shall keep and maintain records of all money received through the vending machines by type of machines, keeping such records for a minimum of two (2) years. The District shall have the right, upon reasonable notice, to inspect and audit the accounts and methods of control established by the Contractor and to make such other inspections or audits as may be considered reasonable necessary to ensure full compliance with the provisions of this bid. The

District’s right to inspect and audit Contractor’s books is limited to those books and records relating directly to DPS.

IV. RESPONSE FORMAT AND ORGANIZATION

A. Number of Responses – Only one (1) proposal may be submitted by each individual entity in response to this solicitation.

B. Number of Copies –

1. Bidnet Direct Submission: Offerors shall provide one (1) original electronic uploaded file onto site.

2. Mailed Submission: Offerors shall provide one (1) original hard copy of a technical proposal and one (1) identical electronic media copy of their proposal. All copies must be submitted prior to the deadline for receipt of proposals.

ELECTRONIC MEDIA COPY: Offerors must submit one (1) copy of the Technical

Proposal ONLY, in electronic Portable Document File (pdf) format. The electronic media shall be USB Thumb/Flash (“Jump”) drive, and be identical to the hardcopy version.

NOTE: JUMP DRIVE WILL NOT BE RETURNED. Do NOT include a copy of the

Cost Proposal with this copy.

Pages shall be placed in a cover or binder with a Table of Contents and dividers identifying each section.

If there are any questions on format requirements, they shall be directed to the Chief Procurement

Officer for clarification, prior to submittal of documents.

1. Proposal Organization – The proposal must be organized and indexed in the following format and must contain, at minimum, all listed items in the sequence indicated:

a. Letter of Transmittal (Cover Letter)

b. Table of Contents

c. Acceptance of Conditions Governing the Procurement

d. Proposal Summary – Introduction (Optional)

e. Qualifications and Capability

f. Experience – Business Specifications

Corporate Background – Key personnel

g. Product Selection and Equipment

h. Other Supporting Materials (As needed to fully address all Evaluation Criteria. See

Section VI. EVALUATION)

i. W-9 (latest IRS revision)

j. Insurance - Evidence of insurance should be included in the proposal in the form of a current Certificate of Insurance.

k. Campaign Contribution Disclosure Form (Appendix “C”)

l. Resident Business, or Resident Veteran’s Certificate as issued by the New Mexico

Taxation and Revenue Department. (If applicable)

m. Contractual Information (Optional)

n. Cost Proposal to be submitted in a SEPARATE SEALED ENVELOPE placed

ONLY with the original hard copy. Do not include the Cost Proposal with your digital media copy.

2. Exempt from the twenty page (20) proposal limitation are the following items and forms.

a. Letter of Transmittal

b. Table of Contents

c. Section Dividers

d. Acceptance of Conditions Governing Procurement

e. Exceptions to Specifications Form

f. W-9

g. Certificate of Insurance

h. Campaign Contribution Disclosure Form

i. New Mexico Resident Business, Veteran’s Preference Certificate

j. New Mexico Resident Veteran’s Preference Affidavit

k. Contractual Information

3. Transmittal/Cover Letter – Each proposal must be accompanied by a transmittal letter which must include the following information:

a. Identify the submitting organization;

b. Identify name, title, telephone and fax numbers, and e-mail address of the person(s)

(1) Authorized by the company to contractually obligate the organization for the purpose of this solicitation;

(2) Authorized to negotiate the contract on behalf of the organization;

(3) Person to be contacted for clarification questions regarding this RFP;

c. Be signed by a person authorized to contractually obligate the organization;

d. Acknowledge receipt of any and all Amendments to this solicitation;

4. Non-Conforming Proposal – Any proposal deemed non-conforming by the Procurement

Officer and/or Evaluation Committee Chairperson in regard to format will be considered non-responsive. Offerors shall contact the Procurement Officer to clarify questions concerning format prior to submission.

V. INSURANCE

A. Contractor shall obtain and maintain throughout the life of this contract insurance, at contractor’s expense. Contractor shall name Deming Public Schools as additional insured (Certificate Holder), and include an endorsement by the insurer that the policy may not be cancelled nor allowed to lapse without ten (10) days notice thereof first being given to Deming Public Schools.

B. Other required coverage: The Contractor shall maintain Public Liability and Property Damage

Insurance as shall protect him and the school district for all claims for damages, personal injury, wrongful death as well as claims for property damages which may arise from work covered under this contract, as such work be performed by anyone directly or indirectly employed the Contractor.

C. Coverage Required: The kinds and amounts of insurance required are as follows:

1. Commercial General Liability Insurance with combined limits of liability for bodily injury or property damage as follows:

$1,000,000 Per Occurrence

$2,000,000 Policy Aggregate

$1,000,000 Products liability/Completed Operations

$1,000,000 Personal and Advertising Injury

$ 50,000 Fire Legal

$ 5,000 Medical Payments

Said Policy of insurance must include coverage for all operations performed for the school district by the Contractor and contractual liability coverage shall specifically insure the hold harmless provisions of this Contract (Agreement).

2. Automobile Liability Insurance: A comprehensive automobile liability insurance policy with liability limits in amounts not less than $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one occurrence. The policy must include coverage for the use of all owned, non-owned, hired automobiles, vehicles and any and all other equipment owned and non-owned, both on and off the work.

3. Worker’s Compensation Insurance: Worker’s Compensation Insurance policy for the

Contractor’s employees, in accordance with the provisions of the Worker’s Compensation

Act of the State of New Mexico, (the “Act”).

4. The District shall accept coverage in excess of those limits stated above if successful

Contractor carries larger limits.

D. Increased Limits: During the life of the Contract (agreement) the school district may require the

Contractor to increase the maximum limits of any insurance required herein. In the event that the

Contractor is so required to increase the limits of such insurance, an appropriate adjustment in the contract amount will be made.

E. Certificates, renewals, and notice of cancellation shall be sent to:

Deming Public Schools

Finance Department

1001 S Diamond Ave

Deming, New Mexico 88030

VI. EVALUATION

A. Process. The purpose of the evaluation of proposals is to assess the relative merits of the proposals submitted and to make an award to the responsible Offeror(s) whose proposal(s) is/are determined to be the most advantageous to the District, taking into consideration the evaluation factors as set forth below

1. Rankings – All committee rankings (not individual scores) are public record and will be available for public inspection at the District offices after final award of contract(s). Individual scores and rankings by each committee member shall be confidential.

2. Point Calculations - All calculations of point standings, including any addition or deduction of points to Offeror submittals shall occur at a meeting of the Evaluation Committee, with all members in attendance. The Committee’s points for each Offeror shall be totaled and averaged, and the average translated into a rank score.

B. Evaluation Criteria

1. Qualifications and Capability: 20 Points

a. Explain your firm’s ability to service the District’s account.

b. Provide typical response time to request for services and availability of trained technicians.

2. Experience and Background: 20 Points

a. Corporate – Provide information that documents your firm’s, team’s, and/or joint venture’s experience, background, capacity, and number of years of experience regarding the type of services required.

b. Key Personnel—Provide information that documents key personnel’s qualifications, background, experience, and availability to perform all aspects of the work.

3. Product Selection/Equipment: 20 Points

a. Submit a brief description of product offerings including beverages, candy, snacks, chips, pastries.

b. Describe your ability to provide snack or beverage products that meet USDA Smart

Snack standards as described in Appendix “B”.

c. List available equipment options and features. Indicate if equipment is available that can restrict sales during set times. (i.e. no sales allowed during breakfast or lunch hours at school sites.)

4. Quality and Completeness of Response: 5 Points

5. Cost Proposal: 35 Points

List the Percentage commission fee payable on gross sales to the School/Department or

Facility where the Vending Machine(s) has been placed. Gross sales are defined as money removed from vending machines.

List items offered for vending, including a description, package size, and vending price.

Indicate all items that qualify as a Smart Snack, as listed in Appendix “B”

Cost Proposal must be submitted in a sealed envelope that is identified with your company’s name and “COST PROPOSAL”. Costs proposed should be in direct relationship to the services offered in relation to the Technical Approach. The following formula will be used to evaluate the Cost Criteria:

This Offeror’s Commission Rate

Offeror’s Points = --------------------------------------------------------- X Maximum Points

Highest Responsive Offer Commission Rate

Other Offeror’s Commission Rate with be divided by the Highest Responsive Offer

Commission Rate, and then multiplied by the number of available points in the evaluation process to arrive at the final ranking of Offerors.

GRAND TOTAL 100 POINTS

APPENDIX “A”

COST PROPOSAL FORM

RFP-22-16

Offerors may complete this form or provide the required response on a separate sheet (or sheets). Ensure that identical information is provided as set forth on this form. Submit in a sealed envelope with your company’s name and marked “COST PROPOSAL.”

Commission Fee payable to the School/Department or Facility where the Vending Machine(s) has been placed. Gross sales are defined as money removed from vending machines.

Offerors must list Proposed Smart Snacks and Traditional Snacks. Smart Snacks shall meet the following:

Per Portion < 200 Calories Total Saturated Fat Per Portion <10% of calories

Milligrams of Sodium Per Portion < 200 mg Total Trans Fat Per Portion = zero grams

Total Fat Per Portion < 35% of calories Total Sugar Per Portion < 35% of weight from total sugars

Product Package Size Sale Price Qualify as a Smart Snack

( Check for Yes)

Offerors may attach additional sheets as necessary.

APPENDIX “B”

RFP-22-16

Vended Beverages and Foods

“Vended beverages and foods” means a beverage or food product sold in vending machines to student in schools..

Vended

Beverages

Elementary Middle High

Allowed after the last lunch period:

• Milk 2% or less

• Soy milk

• Water

**No Carbonated

Drinks

Allowed any time:

• Milk 2% or less

• Soy milk

• Water

• 100% fruit juice that has:

• no added sweeteners

• no more than 125 calories/container and

• a serving size not to exceed 20 oz.

**No Carbonated

Drinks

Allow any time:

• Milk 2% or less

• Soy milk

• Water

• At least 50% fruit juice that has:

• no added sweeteners

• no more than 125 calories/container and

• a serving size not to exceed

20 oz.

Allowed after the last lunch period:

• Sugar free/Caffeine free soft drinks (must be both)

• Non-carbonated flavored water with no added sweeteners

• Sports drinks

Vended

Foods

Elementary Middle High

NONE Allowed after the last lunch period.

Foods meeting the following guidelines

**with the exception of nuts, seeds, cheese, yogurt, and fruit:

• No more than 200 calories per container or per package or amount served, and

• No more than 8 grams fats per serving with no more than 2 grams from saturated and trans fats per container or per package or amount served and

• No more than 15 grams of sugar per container or per package or amount served

Allowed any time.

Foods meeting the following guidelines

**with the exception of nuts, seeds, cheese, yogurt, and fruit:

• No more than 200 calories per container or per package or amount served, and

• No more than 8 grams fats per serving with no more than 2 grams from saturated and trans fats per container or per package or amount served and

• No more than 15 grams of sugar per container or per package or amount served

APPENDIX “C”

RFP- 22-16

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor.

THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY

PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR

REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. THIS FORM

SHALL BE COMPLETED AND RETURNED AS A PART OF THE OFFEROR’S PROPOSAL.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

Signature Date

Title (position)

-- OR --

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250)

WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title (Position)