RFP 25-0010 USDA Commodity Processing Pizza.pdf

Business Services Procurement and Contracting

1260 NW Waterhouse Ave Beaverton, OR 97006

REQUEST FOR PROPOSALS

Solicitation No: 25-0010

For the Provision of

USDA Commodity Processing Pizza

RFP Closing (Due Date & Time):

January 29, 2026 2:00 PM PST

Issued by:

Beaverton School District 48J

1260 NW Waterhouse Ave

Beaverton, Oregon 97006

Publish Date

November 25, 2025

Business Services Procurement and Contracting

1260 NW Waterhouse Ave Beaverton, OR 97006

REQUEST FOR PROPOSAL (RFP)

Solicitation No: RFP 25-0010

Summary

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Proposals from qualified Proposers interested in the provision of USDA Commodity Processing Pizza.

A Non-Mandatory Pre-Proposal: A pre-proposal meeting for this solicitation will be held at 2:30 PM (PST) on Tuesday, December 2, 2025. The meeting will be conducted virtually via Microsoft Teams, and attendance is optional.

Proposers wishing to attend must RSVP by emailing Contracts@beaverton.k12.or.us no later than 24 hours prior to the meeting. A Microsoft Teams link, along with instructions for remote participation, will be sent to all proposers who RSVP.

The purpose of this meeting is to clarify information in the Request for Proposal, and provide an opportunity for proposers to ask questions regarding BSD’s solicitation requirements and process.

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation by email only to: contracts@beaverton.k12.or.us NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

January 29, 2026, 2:00 PM PST

No public opening will occur. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or the contents of any proposal will not be disclosed to the public until all proposals have been evaluated, negotiations completed if required, and a recommendation for Award has been published.

Proposers are solely responsible for ensuring that the Beaverton School District receives its Proposal.

LATE PROPOSALS WILL NOT BE ACCEPTED.

Prospective Proposers must register with Oregon Buys – http://oregonbuys.gov/ to obtain the solicitation documents.

All questions and comments regarding this solicitation must be directed ONLY BY EMAIL to:

contracts@beaverton.k12.or.us

PROPOSALS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE DISTRICT MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED

REQUIREMENTS

mailto:Contracts@beaverton.k12.or.us mailto:contracts@beaverton.k12.or.us http://oregonbuys.gov/ mailto:contracts@beaverton.k12.or.us

SECTION I – INTRODUCTION

Solicitation No: RFP 25-0010

USDA Commodity Processing Pizza

Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

[Intentionally Blank] file://///fs-share-01/BSDShare/Nutrition%20Services/CNS/Procurement/Formal%20Solicitations/23-24%20Formal%20Solicitations/Broadline/program.intake@usda.gov.

1. INTRODUCTION:

This Solicitation is issued pursuant to ORS 279A, ORS 279B and the Oregon Attorney General Model Rules Divisions 46 and 47.

2. DEFINITIONS:

The term "District" or “Owner” throughout this document means the Beaverton School District (BSD). The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. The term “Proposal” or “Offer” means a written response to provide Goods or Services in response to this Solicitation. “Closing” means the date and time specified in the Solicitation as the deadline for submitting Proposals. “Contractor,” “Supplier,” or “Provider” means the firm awarded a Contract as a result of this Solicitation.

3. SOLICITATION REVIEW:

Proposers must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District's attention by protest pursuant to QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST in Section III, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND:

a. The Beaverton School District encompasses approximately 57 square miles in northwestern Oregon in Washington County. The District, located in the Portland, Oregon metro area, is the third largest School District in Oregon.

b. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 41,000 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, nine (9) Middle Schools, six (6) High Schools, and five (5) Option Schools, and nineteen )19) option programs.

5. SCOPE OF WORK: (Details Section III – Scope of Work)

a. The purpose of this solicitation is to establish a Master Price Agreement for the provision of commodity processing services of United States Department of Agriculture (USDA) Foods items into end products and the provision of commercial products if needed.

b. The selected Provider(s) shall process USDA Foods into specified usable end products, as requested by the District Contract Manager, shall deliver the end products to the District’s choice of distributor and bill the District based on the Fee for Service value pass through method.

c. Fee for Service value pass through method shall be defined as the fee for the processing without the value of the donated food included in the price and inclusive of all other costs.

d. In the event the District expends all pounds of donated foods diverted to the Provider, the Provider will provide the commercial version of the awarded items to the District's chosen distributor at the agreed upon commercial price.

6. CONTRACT:

The successful Proposer, selected by the District, will receive a Master Price Agreement. A sample is enclosed herein (see SECTION V - ATTACHMENTS).

a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract.

Certain contract terms reflect state statute and may not be altered.

b. The Contractor will be expected to promptly sign a contract including all standard terms and conditions contained in the sample contract. The District will execute the Contract only after it has obtained all applicable required documents and approvals.

USDA Commodity Processing Pizza

c. The District may, at its sole discretion, negotiate any contract terms suggested in Proposals and/or any other contract terms it finds to be in its best interest to negotiate. The forgoing does not limit the

District’s right to terminate contract negotiations as provided under applicable rules/laws.

d. Individual Project Work Authorizations (PWAs) will be issued by the District on an as needed basis.

7. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-047-0800.

8. CONTRACT PERIOD/EXTENSION:

a. The selected Proposer will be issued a Contract effective upon full execution, through June 30, 2027.

b. The District may, at its option, elect to extend the Contract for a total of four (4) additional one (1) year terms.

c. The Supplier's Pricing and Rates must remain firm for one (1) year and through June 30 of each contract period, when extended.

d. Any annual price increases hereunder shall not exceed the prior year’s percentage increase in the applicable sub-category of the Consumer Price Index – Western Region. The District may at its sole discretion, consider price increases in excess of the foregoing limit if the provider can demonstrate that such increases are due to actual cost increases/industry-specific market conditions.

9. CONTRACT ADMINISTRATOR:

The Contract Administrator for this Master Contract will be the Purchasing Manager, or designee.

10. DISTRICT REPRESENTATIVE:

The District Representative for the project is the Program Specialist – NS Purchasing, or designee.

11. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. The District reserves the right to deviate from this schedule.

Solicitation Milestone Completion Date Non-Mandatory Pre-Proposal Conference December 2, 2025, 2:30 PM PST Deadline for submission of equivalent product request samples December 18, 2025 Deadline for submission of equivalent product request documents December 18, 2025 Final approved product list posted January 9, 2026 Deadline for questions January 22, 2026 Proposals Due January 29, 2026 2:00 PM PST

IMPORTANT:

Due to Thanksgiving Break equivalent product request documents and samples must NOT arrive between November 23, 2025 and November 27, 2025.

12. CONTACT DURING SOLICITATION:

a. Method of Inquiry: All inquiries and questions related to this solicitation must be submitted in writing via email to contract@beaverton.k12.or.us as indicated on the summary page of this Solicitation.

b. Point of Contact: Communications may be routed through contracts@beaverton.k12.or.us during the

RFP process. While email communications are preferred. No other points of contact are authorized.

c. External Communication: Other than the methods authorized above and herein, it is prohibited to engage in any form of communication with Beaverton School District employees, officials, or their mailto:contract@beaverton.k12.or.us

USDA Commodity Processing Pizza representatives, regarding this RFP. This prohibition includes, but is not limited to, any attempts to influence or contact members of the evaluation team. Such conduct by the Proposer may result in the rejection of the proposal.

[INTENTIONALLY BLANK]

SECTION II – INSTRUCTIONS TO PROPOSERS

USDA Commodity Processing Pizza

1. EQUIVALENT PRODUCT REQUEST SUBMISSIONS AND EVALUATON:

Where “or equal” is indicated in the Price Schedule (Attachment G), vendors may propose equivalent products using the form provided in Section V – Attachment R, Equivalent Products Request.

a. Equivalent Submissions Requirements: To be considered as an equivalent to the specified item(s), vendors must follow the Equivalent Product Request process outlined in Section V – Exhibit 1. Failure to follow this process may result in the product not being evaluated and could impact eligibility for the award.

b. Evaluation of Equivalent Product Requests: The District will determine product equivalency at its sole Discretion. Evaluations will include a comparison to the specifications of the originally specified item and may consider, but are not limited to, the following criteria:

i. Compliance with the general specifications for all items in this Solicitation and the specific Proposal

Item requirements.

ii. Nutrition information

iii. Overall appearance

iv. Flavor profile

v. Texture

2. FORMAL SELECTION PROCEDURE: Pursuant to OAR 137-047-0260

The District may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060.

3. PRE-PROPOSAL CONFERENCE: Pursuant to OAR 137-047-0420 (optional)

a. Purpose. The District may hold pre-Proposal conferences with prospective Proposers prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

b. Required Attendance. If the District’s Pre-Proposal conference is mandatory (as indicated on the Summary Page) a Proposal submitted by a Proposer who did not attend the mandatory pre-Proposal conference will be rejected.

c. Statements Not Binding. Statements made by the District's representative at the Pre-Proposal conference do not change the Solicitation Document unless the District confirms such statements with a Written Addendum.

d. See Summary page for Pre-Proposal details.

4. PROPOSALS ARE OFFERS: Pursuant to OAR 137-047-0310 A Proposal submitted in response to this Solicitation is the Proposer’s offer to enter into a Contract.

a. By signing and submitting a Proposal, the Proposer acknowledges it has read, understands and agrees to be bound by the terms and conditions contained in this Solicitation.

b. The Proposal is a "firm offer," and must be held open by the Proposer for the District's acceptance for sixty (60) days.

c. The District's Award of a Contract constitutes acceptance of the Proposal and binds the Proposer to the

Contract.

d. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

5. PROPOSAL PREPARATION: Pursuant to OAR 137-047-0400 A Proposer must sign and submit its Proposal in accordance with the instructions set forth in this Solicitation. Failure to submit Proposals in accordance with the provisions of this Solicitation will be grounds to declare the Proposal as non-Responsive. Proposers must:

a. Submit a complete Proposal (a Proposal that meets all requirements of this Solicitation);

b. Provide the District with all required and requested documents and descriptive literature;

c. Initial any corrections or erasures to their Proposal prior to closing;

USDA Commodity Processing Pizza

d. Identify (on the Proposer Certification) whether the Proposer is/is not a "resident Proposer”, as defined in ORS 279A.120(1);

e. Provide (on the Proposer Certification) certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

f. Provide (on the Proposer Certification) Written acknowledgment of receipt of all Addenda.

6. PROPOSAL SUBMISSION: Pursuant to OAR 137-047-0410

a. To ensure proper identification and handling, Proposals must be submitted appropriately marked with the Proposer’s name and the Solicitation number clearly legible in large block numbers. Proposals must emailed to contracts@beaverton.k12.or.us. Facsimile and hard copy Proposals will not be accepted.

b. The District is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required in this Solicitation.

c. Proposers are solely responsible for ensuring that the District receives their Proposal at the required delivery point prior to Closing.

7. ADDENDA: Pursuant to OAR 137-047-0430

a. Issuance; Receipt. The District may change this Solicitation only by Written Addenda. A Proposer must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Proposer Certification.

b. Notice and Distribution. The District will publish notice of any and all Addenda on the Oregon Buys website. Addenda may be downloaded from the Oregon Buys website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the Oregon Buys website until the Solicitation Closing (due date and time) about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District will issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the Closing if the District determines prospective Proposers need additional time to review and respond to Addenda.

Except to the extent required by public interest, the District will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Proposer may submit a Written request for change or protest to the Addendum, as provided in OAR 137-047- 0730, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-047-0730, whichever date is later.

If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with OAR 137-047-0730, then the District may consider a Proposer’s request for change or protest to the Addendum only, and the District will not consider a request for change or protest to matters not added or modified by the Addendum.

8. QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST:

Proposers may request changes or clarifications to, or protest, any provision, specification or Contract term contained in this Solicitation:

a. Questions, Clarifications, Changes. All questions regarding this Solicitation must reference the

Solicitation number and must be submitted in writing via e-mail to the attention of the person indicated on the Summary page of this Solicitation. No oral questions will be accepted other than at the pre- Proposal conference (if any). Questions received by the District prior to deadline will be answered in written addenda.

b. Protest. Pursuant to OAR 137-047-0730, a prospective Proposer may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.060 as set forth in ORS 279B.405.

Written protests must include:

i. A detailed statement of the legal and factual grounds for the change, clarification, or protest;

USDA Commodity Processing Pizza

ii. A description of the resulting prejudice to the Proposer; and

iii. A statement of the form of relief requested or any proposed changes to the Solicitation provisions, specifications, or contract terms and conditions.

Written protests must be clearly marked with the Solicitation number and submitted in writing to the Purchasing Manager by email to contracts@beaverton.k12.or.us, hand delivered or mailed to the attention of Purchasing at 16550 SW Merlo Rd, Beaverton, OR 97003.

c. Deadline. Questions, changes, clarifications, or protests must be received by the District by noon Pacific Time not later than ten (10) calendar days prior to the date Proposals are due, or as stated in Section I SOLICITATION SCHEDULE. The District will not consider any protest or request for change that is submitted after the submission deadline.

d. Response. Responses to questions/clarifications and notice of the District’s protest determination will be provided in written addenda pursuant to ADDENDA above. The District’s response to a Proposer, whether orally or in Writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by written Addendum.

e. Protesters must exhaust all administrative remedies before seeking judicial review.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF PROPOSALS: Pursuant to OAR 137-47-0440

A Proposer may modify or withdraw its Proposal in Writing only prior to Closing. Modification or withdrawal must:

a. Be clearly marked “Proposal Modification” or “Proposal Withdrawal” and marked and delivered as described in PROPOSAL SUBMISSION above;

b. Include the Proposer's statement that the modification amends and supersedes the prior Proposal;

Proposers are responsible for ensuring that the District receives its modification or withdrawal.

Modifications and/or withdrawals must be prepared and submitted on the Proposer's letterhead, signed by an authorized representative of the Proposer.

10. RECEIPT, OPENING, AND RECORDING OF PROPOSALS: Pursuant to OAR 137-47-0450

a. The District will electronically time-stamp each Proposal and any modification upon receipt.

b. The District will not be responsible for the premature opening or failure to open a Proposal that is not properly addressed and/or identified.

c. Proposals will be opened and recorded. The number of Proposals received, the identity of Proposers, or the contents of any Proposal will not be disclosed to the public until all Proposals have been evaluated, negotiations completed if required, and a recommendation for Award has been published.

11. LATE PROPOSALS, LATE WITHDRAWALS, AND LATE MODIFICATIONS: Pursuant to OAR 137-47-0460

Any Proposal received after Closing is late. A Proposer’s request for withdrawal or modification of a Proposal received after Closing is late. The District will not consider late Proposals, withdrawals or modifications except as permitted in MISTAKES below. The District reserves the right to consider Proposals that have been delayed or mishandled by the District.

12. MISTAKES: Pursuant to OAR 137-47-0470 To protect the integrity of the competitive Procurement process and to assure fair treatment of Proposers, the District will carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes. The District will not allow a Proposer to correct or withdraw a Proposal for an error in judgment. If mistakes in a Proposal are discovered after Opening, but before Award of the Contract, the District may take the following action:

a. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than of substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

USDA Commodity Processing Pizza

b. The District may correct a clerical error if the error is evident on the face of the Proposal, or other documents submitted with the Proposal, and the Proposer confirms the District's correction in writing.

c. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only in accordance with OAR 137-47-0470(2)(c) and (d).

d. The District will reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents accompanying the Proposal.

13. AWARD: Pursuant to OAR 137-47-0600

a. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the School Board, the District reserves the right to cancel any Solicitation at no penalty.

b. If awarded, the District will award a Master Price Agreement to the Responsible Proposer(s) that submitted the most advantageous responsive Proposal(s), and that meets the minimum requirements of this Solicitation.

c. The District may award by item, groups of items or the entire Proposal.

d. The District may Award multiple Contracts if beneficial to the District for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the District.

This notice of Multiple Awards does not preclude the District from awarding a single Contract.

e. The District may award a Contract for parts of the Solicitation for which acceptable Proposals have been received.

f. The District may award all or none Offers if the evaluation shows an all or none Award to be the most Advantageous or in the best interest of the District.

g. The District may reject all or part of Proposals and may issue a new Solicitation on the same or revised terms, conditions and Specifications.

h. When Proposals are identical the District must Award the contract Pursuant to OAR 137-046-0300.

14. NOTICE OF INTENT TO AWARD: Pursuant to OAR 137-047-0610 The District will provide a written Notice of Intent to Award (NOI) to all Proposers at least seven (7) calendar days before the Award of a Contract, unless the District determines that circumstances require prompt execution of the Contract. The District's Award will not be final until the later of the following:

a. SEVEN (7) calendar days after the date of the NOI, or

b. Until the District provides written response(s) to all timely filed protest(s) denying the protest(s) and affirming the Award.

15. PROPOSAL REJECTION. Pursuant to OAR 137-047-0640 and OAR 137-047-0650

a. The District may reject any Proposal as set forth in ORS 279B.100:

i. When the rejection is in the best interest of the District.

ii. When the Proposal is contingent upon the District's acceptance of terms and conditions (including

Specifications) that differ from the Solicitation.

iii. When the Proposal takes exception to terms and conditions (including Specifications) set forth in the Solicitation.

iv. That attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation or applicable law.

v. That fails to meet the Specifications of the Solicitation.

vi. That is submitted late.

vii. Not in substantial compliance with the Solicitation or with all prescribed public procurement procedures.

viii. Not in compliance with ORS 279B.120, 279B.130, OAR 137-046-0210(3), 279A.105, ORS 279A.110(4).

ix. When the Proposer is not Responsible pursuant to ORS 279B.110.

USDA Commodity Processing Pizza

b. The District may reject all Proposals as set forth in ORS 279B.100. The District will notify all Proposers of the rejection, along with the reasons for rejection. Proposals may be rejected based upon the following criteria:

i. The content of or an error in the Solicitation or the Procurement Process unnecessarily restricted competition for the Contract.

ii. The price, quality or performance presented by the Proposers are too costly or of insufficient quality to justify acceptance of any Proposal.

iii. Misconduct, error, or ambiguous or misleading provisions in the Solicitation threaten the fairness and integrity of the competitive process.

iv. Causes other than legitimate market forces threaten the integrity of the competitive process, such as collusion, corruption, unlawful anti-competitive conduct, and/or inadvertent or intentional errors in the Solicitation.

v. The District cancels the Solicitation in accordance with OAR 137-047-0660.

vi. Any other circumstance indicating that awarding the Contract would not be in the public interest.

16. SOLICITATION CANCELLATION: Pursuant to OAR 137-047-0660

The District may cancel, delay or suspend a solicitation, or reject all Proposals, in accordance with ORS 279B.100 when it is in the best interest of the District as determined by the District. In the event of any such cancellation, delay, suspension or rejection, the District is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection.

17. PROPOSAL COSTS:

Proposers responding to solicitations are responsible for all costs they may incur in connection with submitting Proposals.

18. CONTRACT AWARD PROTEST: Pursuant to OAR 137-047-0740

a. Proposers may protest the Award of a Contract, or the intent to Award a Contract if the conditions set forth in ORS 279B.410(1) are satisfied. Proposers must deliver a written protest to the District within seven (7) Days after the issuance of the NOI.

b. The Proposer’s protest must be in writing and must specify the grounds for the protest to be considered by the District pursuant to ORS 279B.410(2). A protest must be submitted to the Purchasing Manager and may be e-mailed to contracts@beaverton.k12.or.us, or hand delivered or mailed to 16550 SW Merlo Rd, Beaverton, OR 97003. The Proposer is responsible for ensuring the District receives the protest.

c. The District will not consider any protest that is submitted after the submission deadline.

d. Resolution of Protests. The District’s Purchasing Manager will settle or resolve a written protest submitted in accordance with the requirements of this Rule and will issue a written decision on the protest in a timely manner as set forth in ORS 279B.410(4).

e. Decision. If a protest is not settled, the Superintendent, or designee, has the authority to resolve the protest.

f. Proposers must exhaust all administrative remedies before seeking judicial review. Judicial review of this decision will be in accordance with ORS 279B.415.

g. If the District upholds the protest, in whole or in part, the District may in its sole discretion either Award the Contract to the successful Protestor or cancel the Procurement or Solicitation.

19. ADDITIONAL REQUIREMENTS:

a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect the evaluation scoring.

b. The District reserves the right to negotiate a final Contract that is in the best interest of the District.

USDA Commodity Processing Pizza

c. Failure of the District to insist on strict performance will not constitute a waiver of any of the provisions of this Solicitation or resulting Contract or waiver of any other default of the Proposer.

20. CONFIDENTIALITY OF PROPOSALS:

The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. The District may withhold from disclosure confidential information pursuant to ORS 192.501 or 192.502.

a. The District will not disclose records submitted by a Proposer that are exempt from disclosure under the

Public Records Law, subject to the following procedures and limitations.

i. All pages containing the records exempt from disclosure must be marked “confidential” and segregated in the following manner:

A. It must be clearly marked in bold and on each page of the confidential document.

B. It must be kept separate from the other Proposal documents in a separate envelope or package and electronic folder.

C. Where this specification conflicts with other formatting and response instruction specifications, this specification will prevail.

D. Where such conflict (in C. above) occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement “Refer to confidential information enclosed.” must be inserted in the place where the requested information was to have been placed.

b. Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire Proposal must not be marked confidential. Should a Proposal be submitted in this manner, no portion of it will be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

c. Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the District will notify the Proposer. If the Proposer disagrees with the District decision, the District may, but is not required to, enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

SECTION III – SCOPE OF WORK

SECTION A: BACKGROUND

1. PURPOSE AND INTRODUCTION:

The purpose of this Request for Proposal (RFP) is to obtain competitive Proposals from qualified Proposers to enter into a fixed-price Contract for the provision of processing services of USDA Foods commodities specifically Processing Pizza. In the event, all diverted pounds of donated foods are expended, the provision of the commercial version of the awarded item(s).

The awarded Proposer will provide further processing services of USDA commodities into the finished products specified and ordered by the District and deliver said products to the District's chosen distributor.

In the event diverted commodities are completely expended, the processor will provide the commercial equivalent to the District’s chosen distributor.

2. VALUE PASS THROUGH SYSTEM (VPT):

The Provider will invoice the District utilizing the District’s choice of Value Pass-Through (VPT):

a. Fee-for-service is the District’s primary VPT method.

b. The District may, at the District’s discretion, decide to utilize one of the other VPTs available:

i. Refund to Recipient Agency (“Cash Rebate”)

ii. Net Price Through Distributor

SECTION B: DETAILED SCOPE OF WORK

1. DIVERTING:

Under the Master Price Agreement(s) the District will divert USDA Foods to the Provider based on the Providers state submitted Summary End Product Data Schedule (SEPDS) for finished end products.

2. PROCESSING:

The Provider will convert the USDA Food into the approved finished product and deliver the products to the District’s designated distributor in accordance with all delivery requirements outlined in the section below.

3. ORDER MINIMUMS:

a. The Provider(s) shall not require order minimum greater than what is provided on Attachment O, Provider Information sheet.

i. Order minimums for products with a shelf life of 120 days or less, may not exceed 2,500 lbs or the case-equivalent based on the average gross case weight. (for the awarded products as the multiplier)

ii. Order minimums for products with a shelf life of more than 120 days, order minimums may not exceed 5,000 lbs, or the case-equivalent based on the average gross case weight. (for the awarded products as the multiplier)

b. The District may at its sole discretion, authorize larger order minimums.

4. GENERAL PRODUCT SPECIFICATIONS

All awarded products supplied by the Provider must meet the following general product specifications:

a. Products sold to the District must be warranted and guaranteed to be merchantable and fit for their intended purpose.

b. Products must appear in the Oregon Department of Education Child Nutrition Programs USDA Foods

Processing Catalog.

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c. Products must have a minimum of 90% left on the “sell by”, “freshness date”, or “pull date” at time of delivery.

i. For the purposes of this Proposal, any of these terms (“sell by”, “freshness date”, or “pull date”) will indicate the expiration date of the product’s shelf life.

d. No reworked products or culls will be accepted.

e. Processed products must not contain monosodium glutamate MSG.

f. Products must meet Buy American Provision as set forth in federal regulations 7CFR 210.21(d) and 7 CFR

220.16 (d).

5. INDIVIDUAL PRODUCT SPECIFICATIONS:

Products supplied must meet the individual product specifications as detailed on the Attachment G– Price Schedule - (Section V-ATTACHMENTS).

6. PACKAGING:

All products will be packed and prepared under sanitary conditions and in accordance with good commercial practices.

a. Packaging must be clean, sanitary, wholesome, safe, and in a sanitary condition.

b. Cartons and carriers used to transport products from the Provider's plant will be clean, undamaged and sanitary at all times.

i. The Provider will ensure all cases, cartons, and containers are unblemished. Labeling of all containers will comply with Federal Food, Drug and Cosmetic Acts and related legislation including the latest revisions.

ii. Packaging will be in accordance with good commercial practice. Package size to be manufacturer's standard unless otherwise specified.

iii. Packaging will:

1) Protect the taste, aroma, visual, and other palatable properties measured by the senses and other quality characteristics of the product.

2) Protect the product against microbiological and other contamination.

3) Protect the product from dehydration.

4) Not pass on to the product any odor, taste, color or other foreign characteristics throughout the processing (where applicable) and distribution of the product up to the time of receipt into the district's facilities.

5) Packing containers will be constructed of recyclable materials wherever feasible and where shipment within the recyclable container does not diminish the quality or sanitary requirements of the product.

iv. Each packaging container will be labeled legibly to show:

1) Name of product contained

2) Net weight

3) Expiration date clearly marked

7. ORDERING:

The Provider must designate a representative to receive District orders.

a. The District will order on an as-needed (requirements) basis.

b. Orders will be submitted to the Provider or the Provider’s representative via email.

c. As required by the District, the District's designated distributor will supply a purchase order to the

Provider that will be used solely to confirm receipt of the Provider's receipt of the District's order.

i. The Purchase order shall not be interpreted as an additional order; in the event of a duplicate order is created, the District shall not be required to accept it.

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8. INVOICING:

The Provider will provide a clear, concise invoice.

a. At a minimum:

i. purchase order number

ii. delivery date,

iii. an itemized list of products

iv. total invoice amount

Additional requirements:

b. Credit and discount periods will be computed from the date of receipt of the invoice to the date the

District’s check is mailed. Payment will be made net thirty (30) days after the acceptance of a valid invoice.

c. Payment(s) will not be made prior to receipt of a valid invoice.

d. The District will pay only for delivered products at Contract prices and will not pay any additional charges unless specifically agreed to in writing by the District prior to such charges being assessed.

9. MONTHLY STATEMENT:

Provider must furnish a monthly statement summarizing all invoices and credits issued during that period.

10. USAGE REPORTS FOR DIVERTED PRODUCTS:

The Provider must use “Processor Link”, “K-12” or another on-line application to provide usage information to the District. This information will be updated following the shipment of each order.

e. Alternate reporting schedules or methods to notify the District of USDA Foods usage may be proposed for the District’s approval.

11. ORDER FULFILLMENT REQUIREMENTS:

The Provider must:

i. have the ability to fulfil 98% of each original order on the scheduled delivery day.

ii. Deliver the remaining 2% within 5 days, unless the District authorizes a revised schedule.

a. Approved substitutions count towards complete measurement.

b. In the event, an equivalent and approved substitute is not available for a product, these shorted items will be counted as non-delivery and subject to default provisions.

i. Making recovery arrangements for immediate delivery with the District Representative may negate default provisions.

12. DELIVERY REQUIREMENTS:

Products must be delivered to the District’s distributor’s warehouse within the agreed delivery window.

a. The Provider will:

i. Ensure Orders: Ensure orders are delivered within the District Representative’s requested delivery window or a delivery window agreed upon by the District Representative and the Provider or the Provider’s Representative.

ii. Make Delivery: Make delivery to the District’s distributor’s warehouse as requested throughout the year by the District Representative.

1) The District’s current distributor is:

Sysco – Portland 26250 SW Parkway Center Drive Wilsonville, Oregon 97070

2) Additional delivery sites may be added at the sole discretion of the District.

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Provider must:

iii. Make Appointments: Make an appointment with the District’s Distributor a minimum of three (3) days before delivering the product. Deliveries made by the Provider without a scheduled appointment may result in delivery refusal by the District’s distributor. Any cost accrued as the result of such refusal will be borne solely by the Provider and will not result in any additional costs to the District.

iv. Use Standard Pallets (48” x 40”): Be responsible for ensuring that delivery personnel remain with their equipment and assist in unloading. All merchandise, except that which is less than full pallet loads, will be palletized on four-way flush 48” x 40” pallets. Maximum weight of load per pallet not to exceed 3400 lbs. All pallets will be strapped with a minimum of ½ x .020 metal/plastic straps or shrink-wrapped. If merchandise is delivered non-palletized, it will be the Provider's responsibility to ensure that delivery personnel are provided to unload merchandise and palletize it on the pallets provided by the District’s Distributor. Any equipment and/or labor required to accomplish the unloading will be furnished by the Provider at no additional cost to the District.

v. Multiple Products Delivered: Allow for the District to have multiple end products delivered on the same truckload.

vi. Provide Accurate Packing Slips with each shipment identifying items, manufacturer’s items number, quantity ordered, quantity shipped, and purchase order number.

vii. Maintain required temperature ranges:

1) Frozen: between -30°F and 0°F: The Provider will ensure all frozen products are delivered in a frozen state at a temperature of -30 degrees F with a maximum temperature of 0 degrees F.

This temperature range will be maintained during transit and delivery. A temperature above 0 degrees F is subject to further examination and may result in the rejection of the product.

There will be no signs of freezer burn and no evidence of thawing at the time of delivery.

2) Refrigerated: ≤ 40°F, with no signs of freezing: The Provider ensure refrigerated products are delivered in a refrigerated state with an internal temperature not exceeding 40 degrees F.

There shall be no sign of freezing with refrigerated products.

viii. Follow all HACCP principles

ix. Protect Packages: Ensure that bottles with squared corners have a protective insert between bottles to protect bottles from damage during shipment.

x. Shortages: Be held responsible for any shortages in packages of delivered products by reshipping shortages within ten (10) days unless other arrangements have been discussed and accepted by the District Representative at no additional cost to the District.

xi. Be Organized: Ensure deliveries are organized for easy offloading and receipting.

xii. Replace Rejected Products Within Five (5) Business Days: Products that do not meet specifications may be rejected and replacement of the rejected products shall occur within five

(5) business days of the delivery date at no cost to the District.

xiii. Deliver Products In Clean, Sanitary Truck

13. DELIVERY DELAYS/NON-DELIVERY:

If delivery delays or non-deliveries of orders or products on orders are foreseen, Provider will notify the District Representative and the District’s distributor a minimum of (3) three days before the expected delivery date.

a. The District reserves the right to refuse a late deliveries and will assume no financial obligation if the

District refuses to receive the late delivered items.

b. If the Provider is unable to meet expected delivery dates due to late delivery or non-delivery, the

District reserves the right to purchase substitutes on the open market for the non-delivered items to meet the menu cycle, as established by the District. The Provider shall reimburse the District for any price difference between the original Proposal price and the price of the substituted item(s).

USDA Commodity Processing Pizza

c. Continued failure to meet delivery dates without a good faith effort on the part of the Provider to resolve the issues causing the continued tardiness may result, at the District's discretion, in the Provider being recommended for default and breach of Contract. This may result in termination under the terms and conditions of the Contract.

14. UNAUTHORIZED SHIPMENT/SUBSTITUTION:

a. The Provider will deliver only those brands and items awarded based on this proposal or approved substitutes.

b. The Provider will contact the District Representative for approval to ship any unauthorized items due to a change in product code number, brand, pack change, etc.

c. Failure to receive District approval for shipment or substitution may result in recovery of the products shipped at the expense of the Provider.

SECTION IV – RESPONSE AND EVALUATION

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1. INTRODUCTION:

This section outlines the requirements for the submission of Proposals in response to this Solicitation. The purpose of this format is to ensure uniformity across submissions and to facilitate a clear and equitable evaluation process. Failure to provide all required information may result in rejection of the Proposal.

2. PAGE LIMIT AND PROPOSAL FORMAT:

A Proposer’s submitted Proposal shall comply with the following requirements:

a. Submission Format: Proposals must be submitted in searchable MS Word or PDF format to contracts@beaverton.k12.or.us. Any spreadsheet attachments may be submitted in MS Excel format.

Elaborate graphics, visual designs or promotional materials that are not essential to presenting a complete Proposal are discouraged.

b. Page Limit: The recommended page limit is 25 digital pages, excluding Attachments A through S and other required documents identified in Section 4. DETAILED PROPOSAL REQUIREMENTS.

i. Attachments A through S are NOT included in the page limit.

c. Proposal Organization: Proposals must follow the structure and order outlined in Section 4. DETAILED

PROPOSAL CONTENT REQUIREMENTS.

3. PROPOSAL CONTENT REQUIREMENTS:

A Proposer’s submitted Proposal must include the following:

a. Required Documents: Proposals must include all documents and information in the Proposal Submission Checklist.

b. Demonstrated Qualifications: Proposers must provide detailed, relevant information that clearly demonstrates their capabilities, qualifications, and experience in delivering the services described in this Solicitation. Proposal must be fully self-contained; Proposers should not assume the District has prior knowledge of their organization or past performance.

c. Proposal Quality: Proposals must be responsive to all Solicitation requirements, terms and conditions.

Submissions should be presented in a format that is clear, concise, well-organized and professional.

4. DETAILED PROPOSAL CONTENT REQUIREMENTS:

a. INSURANCE REQUIREMENT. (Does not count towards page limit)

i. Provide a written statement confirming agreement to the insurance requirements contained in the

Sample Master Price Agreement (see SECTION V – ATTACHMENTS).

b. PRICE SCHEDULE.

i. Proposer must complete and submit the provided Price Schedule (see SECTION V – ATTACHMENTS), in Microsoft Excel format. Do not change the formulas.

ii. Pricing will be evaluated by comparing all responsive proposals. The lowest overall price proposal will receive the full points available (a maximum of 50 points per item). All other proposed pricing will be scored proportionally using a weighted formula against the lowest-priced proposal (Lowest price scores the highest. All other higher priced proposals are weighted against the lowest priced proposal).

c. ABILITY TO MEET DELIVERY REQUIREMENTS.

i. Provide a statement (not to exceed one (1) page) that demonstrates how the Proposer will meet the delivery requirements detailed in Section III – SCOPE OF WORK; DELIVERY REQUIREMENTS.

ii. The statement must address the following elements:

A. Delivery Capacity – Describe how the Proposer will meet the delivery day requirements, including the volume of equipment and the number of drivers available. (5 points possible)

USDA Commodity Processing Pizza

B. Driver Strategy

• If the Proposer is utilizing internal drivers, describe recruitment and retention strategies.

• If the Proposer is utilizing common carriers, describe the strategies used to ensure adequate common carrier equipment will be available to meet the delivery requirements. (4 points possible)

C. Additional Relevant Factors – Identify and describe any additional factors believed to be pertinent in meeting the successful fulfillment of the delivery requirements. (2 points possible)

d. HEALTH INSPECTION REPORT. (Does not count towards page limit)

i. Provide the most recent health inspection report, must not be older than twelve (12) months, from at least one (1) of the following:

A. Local government agency

B. USDA

C. A USDA recognized food safety certifying agency (e.g., NSF International)

e. HACCP, FOOD SAFETY AND SECURITY PRINCIPLES.

i. Provide a statement (not to exceed one (1) page) describing how Proposer incorporates HACCP principles, Food Safety protocols and food security measures, describe how they are integrated into the Proposer’s Standard Operating Procedures.

f. PRODUCT RECALL POLICY AND PROCEDURES.

i. Provide a statement (not to exceed one (1) page) summarizing the Proposer’s product recall policy and procedures.

ii. Complete and submit the - Recall Contact Form (see SECTION V - ATTACHMENTS) for both primary and backup recall contacts. Failure to provide complete Recall Contact Information may result in rejection of the Proposal.

g. REFERENCES AND SIMILAR PROJECTS.