RFP 3197 School Nutrition Management Software Implementation and Maintenance Final.pdf

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Purchasing Department

P.O. Box 13145 • Roanoke, VA 24031

(540) 853-1348 • Fax (540) 853-2836

April 16, 2026

REQUEST FOR PROPOSAL

RFP 3197

Notice is hereby given of the intention of the School Board for the City of Roanoke, Virginia, to contract for:

SCHOOL NUTRITION MANAGEMENT SOFTWARE SYSTEM

IMPLEMENTATION AND MAINTENANCE

Proposal Submission Requirements Proposals must be received by the Due Date and Time at bids.purchasing@rcps.info

Due Date and Time: May 8, 2026, 3:00 P.M. (EST)

Announcement of Award: Upon the award or the announcement of the decision to award a contract as a result of this Request for Proposal (“RFP”), the Director of Purchasing will publicly post such notice on the Roanoke City Public Schools website (https://www.rcps.info/departments/fiscal-services/purchasing) (Click on “Current Opportunities”) for a minimum 10-day period.

ROANOKE CITY SCHOOL BOARD

Eric Thornton

Purchasing Director

Electronic Invitation to Bid/RFP Retrieval Instructions: Full copies of Requests for Proposals, Bids, and Addenda must be retrieved over the Internet at the following address:

https://www.rcps.info/departments/fiscal-services/purchasing.

Click on “Current Opportunities”

This Public Body does not discriminate against Faith-Based Organizations.

mailto:bids.purchasing@rcps.info https://www.rcps.info/departments/fiscal-services/purchasing https://www.rcps.info/departments/fiscal-services/purchasing

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TABLE OF CONTENTS

REQUEST FOR PROPOSAL

RFP 3197

SCHOOL NUTRITION MANAGEMENT SOFTWARE SYSTEM

PAGE

I. PURPOSE 3

II. BACKGROUND 3

III. SCOPE OF SERVICES AND FUNCTIONAL REQUIREMENTS 3

IV. TECHNICAL AND INTEROPERABILITY REQUIREMENTS 4

V. IMPLEMENTATION, TRAINING, AND SUPPORT 6

VI. CONTRACT PERIOD 6

VII. CALENDAR OF EVENTS 6

VIII. PROPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION 7

IX. EVALUATION AND AWARD OF CONTRACT 8

X. COOPERATIVE PROCUREMENT 9

XI. GENERAL TERMS AND CONDITIONS 10

XII. SPECIAL TERMS AND CONDITIONS 13

XIII. ADDITIONAL FORMS 16

ATTACHMENT A – FUNCTION CHECKLIST 23

ATTACHMENT B – DATA PRIVACY ADDENDUM 24

ATTACHMENT C – WEB ACCESSIBILITY COMPLIANCE ADDENDUM 32

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SCHOOL NUTRITION MANAGEMENT SOFTWARE SYSTEM

I. PURPOSE

The purpose of this Request for Proposal (“RFP”) is to solicit sealed proposals through competitive negotiation and enter into a contract for the purchase of a comprehensive, web-based, School Nutrition Management Software System for the School Board of the City of Roanoke, more commonly known as Roanoke City Public Schools. Roanoke City Public Schools (“RCPS”, “Owner”, or “Division”) intends to retain a qualified firm (“Contractor”,” Offeror”) to provide this system for the Division. The selected system must be fully operational and ready for use for the 2026–2027 School Year.

RCPS will select the Contractor who, in the aggregate, best meets the Division’s needs. This document establishes the anticipated services to be performed and outlines the evaluation and selection process. However, this document does not guarantee a contract.

II. BACKGROUND

Roanoke City Public Schools (“RCPS”) is a progressive urban school division serving the City of Roanoke, Virginia. RCPS operates 26 school kitchens serving approximately 13,700 students daily through the National School Lunch Program (NSLP), School Breakfast Program (SBP), Fresh Fruit and Vegetable Program, and the Child and Adult Care Food Program (CACFP).

The School Nutrition Department requires a modern, integrated software solution to support point-of-sale operations, meal eligibility, menu planning, production, inventory, financial accountability, and communication with families.

III. SCOPE OF SERVICES AND FUNCTIONAL REQUIREMENTS

Offerors must provide a detailed response to each requirement below, indicating whether the feature/function is “Native/Included,” “Third-Party Integration,” or “Not Available” (Attachment A).

A. Core Functional Modules

1. Point of Sale (“POS”) System.

a. Offline POS mode.

b. Real-time balance updates.

c. Student photo display at POS.

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d. Must support barcode and QR-code scanning of student ID cards using standard USB or Bluetooth scanners, with real-time lookup and validation of student accounts.

2. Meal Eligibility System.

a. Free/Reduced application processing, including paper scan and online with e-signature.

b. Direct Certification import and matching.

3. Parent/Guardian Mobile App.

4. Online Payments Integration.

5. Reporting & Compliance Tools.

B. Optional Add-On Modules

1. Inventory Management.

2. Production Records.

3. Menu Planning & Nutrient Analysis.

4. Central Warehouse Module.

5. Financial Management.

6. Catering Management.

C. Data Management & Reporting

1. SQL-based architecture; Vendor must disclose whether the database is multi-tenant or single-tenant.

2. Custom reporting tools; must support export to CSV, Excel, and PDF.

3. Custom fields.

4. USDA and VDOE compliance.

5. VDOE claim submission; System must generate VDOE claim files in approved formats and support workflow to validate reimbursement counts.

IV. TECHNICAL AND INTEROPERABILITY REQUIREMENTS

A. Integrations

The solution must support secure, real-time data transfer and district-approved Single Sign-On (“SSO”) using SAML 2.0, OAuth 2.0, or equivalent industry-standard identity protocols, with:

1. Student Information System (“SIS”); real-time syncing is preferred, but nightly sync is acceptable.

2. Interoperability and automation of the SaaS system with KeyStone.

3. Payment processors.

4. Menu display platforms, compatibility with Nutrislice or other acceptable alternative.

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5. ClassLink: Full rostering and SSO integration.

6. Microsoft Entra ID (formerly Azure AD): Must provide full SSO integration and support modern authentication (OAuth 2.0, SAML 2.0) for all user roles.

7. API support for third-party vendors.

B. Accessibility, Hosting, Privacy, & Security

1. Hosting:

a. Fully managed cloud hosting (“SaaS”) with redundancy and high availability (99.9% uptime SLA).

b. Testing and training environments.

c. The Vendor shall provide a high-performance hosting environment with sub-second response times, maintaining the system through regular updates, and infrastructure optimizations to ensure RCPS experiences maximum operational efficiency and minimal latency.

2. Security Record:

a. Offeror must demonstrate a security and breach-free track record. Proposals must include recent SOC 2 Type II reports or equivalent security audits, as well as annual penetration test summaries under NDA.

b. Offeror shall attest to FERPA compliance; encrypt data in transit (TLS 1.2+) and at rest (AES-256 or equivalent); implement role-based access controls and MFA for admin roles.

c. Offeror must notify the Division within 72 hours of any security incident affecting Division data, with root-cause analysis and a corrective action plan within 10 business days.

d. The system must support configurable, role‑based access levels ranging from full administrative privileges to restricted end‑user access, ensuring users only view or perform actions appropriate to their assigned roles.

3. Data Migration: Offeror shall migrate all historical and active data necessary for full operation of the School Nutrition Management Software System. This includes but is not limited to: student account balances and transaction history; payment history; meal eligibility data. If applicable: menu, recipe, and nutrient data; production records; inventory and warehouse data; financial and reporting data; and all site configuration data. The Offeror shall provide complete data mapping, a full test migration, validation criteria, and at least two remediation cycles prior to go live. The final migration shall occur immediately prior to

6 | P a g e system launch. RCPS retains all rights, title, and interest in all Division data. The Offeror shall provide complete, machine readable exports upon request and at contract termination at no additional cost.

4. Privacy: Offeror must agree to the RCPS Data Privacy Addendum (“DPA”) (Attachment B).

5. Accessibility: Offeror must agree to the RCPS Web Accessibility Compliance Addendum (Attachment C).

V. IMPLEMENTATION, TRAINING, AND SUPPORT

A. Timeline: System MUST be fully implemented, tested, and live for the 2026-2027 School Year.

B. Training: Vendor must provide comprehensive training for all food service staff on all system setups and modules. This will be provided at no additional charge as part of the product.

Training must include:

• Initial Implementation Training for all relevant staff, including administrators, managers, and point-of-sale users.

• Ongoing Training Opportunities offered at regular intervals (at minimum annually), including refresher sessions, new module training, and training for new hires.

• On-Demand Training Resources, such as recorded webinars, online tutorials, user manuals, and searchable knowledge bases.

• Live Support Training to be available during major system updates, configuration changes, or when new features are released.

Responding vendors should include all proposed services for this project in their responses. The final scope of services will be determined during contract negotiation and within the contract.

VI. CONTRACT PERIOD

The initial contract period will be from July 1, 2026, to June 30, 2027. Upon the mutual agreement of the parties in writing, the Contract may be extended by RCPS for up to four (4) optional one (1) year renewals.

VII. CALENDAR OF EVENTS

Release RFP April 16, 2026 Receive Written Inquiries (no later than) * April 24, 2026 | 5:00 P.M.

Answer Written Inquiries (no later than)** May 1, 2026 | 5:00 P.M.

Receive Proposals May 8, 2026 | 3:00 P.M.

*Written inquiries should be sent to bids.purchasing@rcps.info.

**Answers will be posted to the RCPS Purchasing Department website as an addendum.

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VIII. PROPOSAL SUBMITTAL REQUIREMENTS AND PREPARATION

In order to be considered for selection, Offerors must electronically submit a complete response to this RFP. Specifically, Offerors must provide one (1) original and one (1) redacted copy that omits any proprietary or confidential information that the Offeror requests to be withheld from public view.

Proposals shall be signed by an authorized representative of the Offeror. All information requested should be submitted. Failure to submit all information requested may result in RCPS requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal.

Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, sub letter, and repeat the text of the requirements as it appears in the RFP. If a response covers more than one page, the proposal should contain a table of contents which cross references the RFP requirements. Information which the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material.

Responses must be delivered not later than 3:00 P.M. on May 8, 2026, to bids.purchasing@rcps.info

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Interested firms should submit a proposal that responds to the items listed below. Proposals should be concise and address each item in the order outlined below.

A typed response describing:

1. Offeror’s organization data, including company history, experience with Virginia school divisions, and statement of security track record.

2. A line-by-line response to every requirement listed in Sections III and IV of this RFP.

3. Detailed project schedule (“Gantt chart)” showing milestones to meet the 2026-2027 go-live deadline and data migration strategy.

4. Itemized pricing, including one-time implementation fees, annual licensing/subscription fees, hosting costs, and training costs. Annual increases during the initial term should be capped at the lesser of 3% or CPI-U.

5. Minimum of three (3) public school division references of similar size to RCPS, preferably within Virginia.

6. Any other information that is believed to be relevant in evaluating the proposal.

IX. EVALUATION AND AWARD OF CONTRACT

A. Evaluation Criteria: Proposals shall be evaluated using the following criteria.

Criteria:

1. Functional Fit & Requirements Compliance

a. Core Features (Point of Sale, Meal Eligibility System, Parent/Guardian Mobile App, Online Payments Integration System, Reporting and Compliance Tools) – 10 points.

b. Optional Add-Ons (Inventory Management, Production Records, Menu Planning & Nutrient Analysis, Central Warehouse Module, Financial Management, Catering Management) – 6 points.

c. Interoperability (Student Information System) – 7 points.

d. Security & Hosting (SOC 2, MFA, encryption, RBAC, hosting SLA ) – 7 points.

e. Virginia Reporting (VDOE compliance updates and claim submissions) – 5 points.

2. Past Performance & Experience

a. References and Virginia Experience (quality of references and experience working with VA divisions and VDOE reporting) – 13 points.

b. Company Stability (financial and organizational stability) – 3 points.

c. Security Track Record (documented breach history and maturity) – 3 points.

3. Cost (Total Cost of Ownership)

a. Five-Year Total Cost of Ownership (implementation, licensing, hosting, training, support) – 20 points.

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b. Cost Transparency (clarity and completeness of pricing details) – 5 points.

c. Cost Reasonableness (comparison to industry norms) - 5 points.

4. Implementation & Training Plan

a. Project Schedule (feasibility of meeting 2026-27 go-live date) – 5 points.

b. Data Migration (mapping, test cycles, transcript/historical data migration) – 5 points.

c. Training Plan (training quantity and quality for all roles) - 3 points.

d. Support Model (post-go-live support and SLAs) - 3 points.

Total Points 100 B. Award:

Selection shall be made of one or more Offeror(s) deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposal, including price, if so stated in the Request for Proposal. Negotiations shall be conducted with the Offeror(s) selected. Price shall be considered but need not be the sole determining factor.

After negotiations have been conducted with each Offeror(s) so selected, RCPS shall select the Offeror(s) which, in its opinion, has made the best proposal, and shall award the contract to that Offeror(s). RCPS may cancel this Request for Proposal or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous (Section 2.2- 4319 and Section 2.2-4359, Code of Virginia).

Oral Presentations: Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to RCPS. This provides an opportunity for the Offeror to clarify or elaborate on the proposal.

The oral presentation is a fact-finding and explanation session only and does not include negotiations. RCPS will schedule the time and location of these presentations. Oral presentations are an option of RCPS and may or may not be conducted.

X. COOPERATIVE PROCUREMENT

The procurement of goods and/or services provided for in this Bid is being conducted pursuant to Virginia Code Section 2.2-4304. Therefore, the Offeror or Bidder is advised, and by submitting a response to this procurement, such Offeror or Bidder agrees that any resulting contract from this procurement may be extended to other public bodies in the State of Virginia. The successful Offeror or Bidder shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to any contract that may result from this procurement and in accordance with Virginia Code Section 2.2-4304. The Roanoke City School Board shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful Offeror or Bidder or

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XI. GENERAL TERMS AND CONDITIONS

1. Taxes: State sales and use tax certificate of exemption, Form ST-12 will be issued upon request, if you do not have same on file. Deliveries against this proposal shall be free of excise or transportation taxes.

2. Mandatory use of RCPS Forms and Terms and Conditions: Failure to submit a proposal on the official forms provided for that purpose shall be a cause for rejection of the proposal. Return of the completed document is required. Modification of or additions to any portion of the solicitation may be cause for rejection of the proposal; however, RCPS reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as non-responsive. Supplementary data and information which respond to inquiries, demonstrate qualifications and expertise, etc., may be attached to the proposal forms.

3. Precedence of Terms: Except for Paragraphs 1 and 2 of the General Terms and Conditions for Professional Services, which shall apply in all instances, in the event there is a conflict between the Generals Terms and Conditions for Professional Services and any Special Terms and Conditions used in a particular procurement, the Special Terms and Conditions shall apply.

4. Default: In case of failure to deliver the reports, documents, or services in accordance with the contract terms and conditions, RCPS, after due oral and written notice, may procure from other sources and hold Vendor responsible for any resulting additional procurement and administrative.

This remedy shall be in addition to any other remedies which RCPS may have incurred.

5. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of RCPS.

6. Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to RCPS all rights, title, and interest in and to all causes of the action it may now or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by RCPS under said contract.

7. Ethics in Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer, or subcontractor in connection with their proposal, and that they have not conferred with any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

8. Anti-Discrimination: By submitting their proposal, all Offerors certify to RCPS that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act which provides:

a. In every contract over $10,000, the provisions 1 and 2 below apply:

i. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in

11 | P a g e conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of paragraphs 1, above, in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or Contractor.

9. Debarment Status: By submitting a proposal, all Offerors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

10. Applicable Law and Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

11. Asbestos: Comply with applicable Federal, State and Local regulations

a. Asbestos Hazard Emergency Response Act (AHERA) regulations contained in 40 CFR 763.

b. Title 29, Code of Federal Regulations, Section 1910.134, 1910.1001, 1910.1200, 1926.58, and

1926.1101 of the Occupational Safety and Health Administration (OSHA), US. Department of Labor.

c. Title 40, Code of Federal Regulations, EPA workplace guidelines include those pertinent sections of part I and II, EPA Guideline document 560/5-S5-024, “Guidance for Controlling Asbestos Containing Materials in Buildings”.

d. All State, County, and City codes and ordinances as applicable.

12. Lead: Comply with applicable Federal, State and Local regulations

a. Title 29, Code of Federal Regulations (CFR), Occupational Safety and Health Administration (OSHA), U.S. Department of Labor:

• 1910 General Industry Standards

• 1910.1025 Lead Standard for General Industry

• 1910.134 Respiratory Protection

• 1910.1200 Hazard Communication

• 1910.245 Specifications for Accident Prevention (Sign and Tags)

• 1926.62 Lead Exposure in Construction

b. Title 40, CFR Part 50, Appendix G, National Ambient Air Quality for Lead.

c. ASTM-American Society for Testing Materials

d. ANSI Z288.2.8 Practices for Respiratory Protection

e. ANSI Z9.2 1979 Fundamentals Governing the Design and Operation of Local Exhaust systems

f. United States Housing and Urban Development (HUD) Guidelines for the Evaluation and

Control of Lead-Based Paint in Housing, revised, October, 1997

g. Code of Virginia, Lead-Based Paint Activities VAC 15-30-650

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h. Virginia Department of Environmental Quality, Hazardous Waste Management Regulations 9VAC 20-60-10 thru 1480

i. USEPA 40 CFR Part 260 Hazardous waste management system

j. USEPA 40 CFR Part 261 Identification and listing of hazardous waste

k. USEPA 40 CFR Part 262 Standards applicable to generators of hazardous waste

l. USEPA 40 CFR Part 263 Standards applicable to transporters of hazardous waste

m. USEPA 40 CFR Part 264 Standards for owners and operators of hazardous waste treatment, storage and disposal facilities

n. USEPA 40 CFR Part 265 Interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities

o. USEPA 40 CFR part 266 Standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities

p. USEPA 40 CFR Part 267 Interim standards for owners and operators of new hazardous waste land disposal facilities

q. USEPA 40 CFR Part 268 Land disposal restrictions

r. USEPA 40 CFR Part 269 EPA administered permit programs: The Hazardous Waste Permit

Program

s. USEPA 40 CFR Part 270 Requirements for authorization of State hazardous waste programs

t. USEPA 40 CFR Part 270 Approved State hazardous waste management programs.

13. Qualifications of Offerors: RCPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to RCPS all such information and data for this purpose as may be requested. RCPS reserves the right to inspect Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. RCPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy RCPS that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

14. Anti-Collusion Certification: By signing the proposal, the Offeror certifies that the proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The Offeror understands that collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The Offeror agrees to abide by all conditions of the proposal and certifies that the individual signing the proposal is authorized to do so.

15. Payment Terms: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days.

16. Immigration Reform & Control Act of 1986: By submitting a proposal, Offerors certify that they do not and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

17. Relationship of Offeror to Owner: After the Contract for services has been fully executed, the Offeror shall be the professional advisor and consultant to the Owner for technical matters related to the project and shall be responsible directly to and only to the Owner. The Owner shall communicate all approvals, rejections, change requirements and other similar information to the Offeror.

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18. Code and Regulatory Compliance: Review, comments and approvals by Owner or the staff of RCPS, in no way absolve any other person, firm or corporation involved in a project from their full responsibilities under the applicable laws, codes, and professional practice as required in projects for Roanoke City Public Schools.

19. Contract Incorporation: These terms and conditions are made a part of any resulting contract.

XII. SPECIAL TERMS AND CONDITIONS

1. Insurance:

Prior to the start of any work under the contract, the Contractor shall provide to RCPS Certificate of Insurance Forms approved by RCPS and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be:

A. Workers’ Compensation. Workers' Compensation insurance covering Contractor’s statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Agreement.

B. Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles C. Commercial General Liability Broad Form insurance shall insure against all claims, loss, cost, damage, expense, or Contractor’s performance under this contract. The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence.

2. Audit: The Offeror agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by RCPS. RCPS shall have full access to and the right to examine any of said materials during said period.

3. Termination of Contract: RCPS reserve the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor.

Any contract cancellation notice shall not relieve the contractor of the obligation to deliver any outstanding orders issued prior to the effective date of cancellation.

4. Modification of Contract: RCPS may, upon mutual agreement with the Offeror, issue written modifications to the statement of needs as a part of this contract, except that no modifications can be made which will result in an increase of the original project order contract price by $50,000 or a cumulative amount of more than 25%, whichever is greater, without the advance written approval of the Deputy Superintendent or his designee. In making any modification, the resulting increase or decrease in cost for the modification shall be determined by one of the following methods as selected by RCPS in accordance with the requirements of the Public Procurement Act.

5. Ownership of Materials: Ownership of all data, materials, and documentation originated and prepared for the Roanoke City School Board pursuant to the proposal shall belong exclusively to the Roanoke City School Board and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the Offeror shall not be subject to public disclosure under the Freedom of Information Act, unless otherwise required by law or a court; however, the Offeror must invoke the protection of Section 2.2-4332(F) of the Code of Virginia, in writing, either before or at the time the data

14 | P a g e or other material is submitted. The written notice must SPECIFICALLY identity the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION of the proposal.

6. Subcontracts: No portion of work shall be subcontracted without prior written consent of RCPS. In the event the Contractor desires to subcontract some or part of the work specified herein, the Contractor shall furnish RCPS the names, qualifications, and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work done by the subcontractor(s) and shall assure compliance with all contract requirements.

7. Indemnification: The contractor agrees to be responsible for, indemnify, defend, and hold harmless RCPS, its officers, agents, and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers' Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend, and hold harmless RCPS, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

8. Proposal Acceptance Period: Any proposal resulting from this solicitation shall be valid for 90 days. At the end of the 90 days, the proposal may be withdrawn at the "written" request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled. Withdrawal of proposals due to error shall be in accordance with Section II-54 (ii), Code of Virginia.

9. Late proposals: To be considered for award, proposals must be received by Roanoke City Public Schools, Attention: Eric Thornton, 40 Douglass Ave NW, Roanoke, VA 24012, by the designated opening date and hour. The official time used in the receipt of proposals is that time on the clock located in RCPS Purchasing Department. Proposals received after the designated opening date and hour are automatically disqualified and will not be considered.

Roanoke City Public Schools is not responsible for delays in the delivery of mail by the U.S.

Postal Service, private couriers, or another means of delivery. It is the sole responsibility of the Offeror to insure that its proposal reaches Roanoke City Public Schools Purchasing Department by the designated date and hour.

10. Gifts by Offeror, Contractor, or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

11. Qualification of Offerors: Roanoke City Public Schools may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to Roanoke City Public Schools all such information and data for this purpose as may be requested. Roanoke City Public Schools

15 | P a g e reserves the right to inspect Offeror's physical plant prior to award to satisfy questions regarding the Offeror's capabilities. Roanoke City Public Schools further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy Roanoke City Public Schools that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

12. Availability of Funds: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available, or which may hereafter become available for the purpose of this agreement.

13. Contract Documents: The contract entered into by the parties shall consist of the Request for Proposal, the signed proposal submitted by the Contractor, Roanoke City Public Schools Standard Contract, the General and Special Terms and Conditions, the Statement of Need including all modifications thereof, all of which shall be referred to collectively as the Contract Documents.

14. Rejection of Proposals: The Superintendent or designee, on behalf of the School Board, reserves the right to reject any and all proposals

15. Procedure for Protest: Any vendor submitting a proposal may protest the award or decision to award a contract by submitting a written protest to the Superintendent of the ROANOKE CITY SCHOOL BOARD no later than ten (10) days after the award or the announcement of the decision to award whichever occurs first. The written protest shall include the basis for the protest and the relief sought (Section 2.2-4360, Code of Virginia).

16. Contract Incorporation: These terms and conditions are made a part of any resulting contract.

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XIII. ADDITIONAL FORMS

STATE CORPORATION COMMISSION FORM

This form must be returned with response to solicitation.

Virginia State Corporation Commission (“SCC”) registration information. The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust.

-OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location).

-OR-

is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** Check the following if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): .

Signature: ________________________ __________ Date: _______________________________

Printed Name:

Title:

Name of Firm:

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PROPRIETARY AND CONFIDENTIAL INFORMATION FORM

This form must be returned with response to solicitation.

Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of § 2.2- 4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected including the section of the proposal in which it is contained and the page numbers and state the reasons why protection is necessary. The proprietary or trade secret material submitted in the original and all copies of the proposal must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given five business days, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Name of Offeror (Firm): invokes the protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on .

Date

Signature:

Title:

No portion of this proposal is to be considered confidential and/or proprietary.

The data/material indicated below is to be considered confidential and/or proprietary.

DATA/MATERIAL TO BE PROTECTED SECTION NO., &

PAGE NO.

REASON WHY PROTECTION IS

NECESSARY

*Attachments may be made to this form for further clarification, but this form shall serve as the official request to invoke the protections of § 2.2- 4342F of the Code of Virginia.

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ANTI-COLLUSION CERTIFICATION

The Offeror certifies that this proposal response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The Offeror understands collusive bidding is a violation of Federal Law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages. The Offeror also understands that failure to sign this statement will make the proposal non-responsive and unqualified for award.

Signed: ______________________________________________________________

Date: _______________________________________________________________

Name of Company: ____________________________________________________

MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION

The Proposer should complete the following information:

Is Proposer a qualified minority or women-owned business enterprise (MBE/WBE)?

Yes: ________ No: ________. Regardless of response to this question, Bidder shall complete the following:

Will Bidder be using Subcontractors? Yes: ________ No: ________

In conjunction with the desire of the School Board of the City of Roanoke, VA’s policy to utilize Minority and Women-Owned Business Enterprises wherever possible, the Bidder (Proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.)

Type of Labor, Service

1. Name of Firm Person(s) Contacted or Material Quoted Date

2. Of those listed above, we intend to utilize the following MBE/WBE in the completion of the work required by this contract. (Attach additional sheet if necessary.)

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Type of Labor, Service Amount of Contract Name of Firm or Material Quoted Subcontract

The Bidder will utilize the indicated MBE/WBE firms in this project. If the Proposer determines not to use the indicated MBE/WBE, Bidder must notify the School Board and provide a valid non-discriminatory business reason for not employing the MBE/WBE.

2. If the MBE/WBE’s indicated in paragraph 1 will not be utilized, please state the reason for each firm. (Attach additional sheet if necessary.)

Name of Firm Results of Contact

3. If unable to contact MBE/WBE’s, please indicate efforts made: (Attach additional sheet if necessary.)

This firm has made a good faith effort to utilize MBE/WBE’s whenever possible.

Offeror: _____________________________________________________ (Firm)

(Address)

(Telephone) (FAX)

(Ink Signature and title) (Date)

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Reference Form

1. Project Location and Scope:

Agency Name:

Address:

Contact Person: Telephone #:

E-mail:

2. Project Location and Scope:

3. Project Location and Scope:

Company:

Signature:

Title: Date:

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CERTIFICATION OF PROPOSAL

SCHOOL NUTRITION MANAGEMENT SOFTWARE SYSTEM

The undersigned certifies a comprehension of the specifications in the foregoing proposal, and that the merchandise or service submitted for this proposal meets or exceeds the specifications as listed herein. The successful Offeror certifies that the Offeror, all principals, and sub recipients, are not suspended or debarred from providing the services described in this contract. Further, Roanoke City Public Schools reserves the right to review the List of Parties Excluded from Federal Procurement or Non-Procurement Programs to determine that the successful Offeror, including all principals and sub recipients, has not been suspended or debarred from providing the services described in this proposal.

FIRM

BY

(Signature validates proposal)

(Print or type name)

TITLE

ADDRESS

CITY

STATE, ZIP

TELEPHONE

TOLL-FREE NUMBER

FAX NUMBER

E-MAIL

DATE

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ATTACHMENT A – FUNCTION CHECKLIST

Included Third Party Integration

Not Available Notes

Point of Sale (POS) System

Meal Eligibility System

Parent/Guardian Mobile App

Online Payments Integration

Reporting & Compliance Tools

Inventory Management

Production Records

Menu Planning & Nutrient Analysis

Central Warehouse Module

Financial

Catering

SQL-based architecture

Custom reporting USDA and VDOE compliance

VDOE claim submission

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ATTACHMENT B - DATA PRIVACY ADDENDUM

THIS ADDENDUM is to be attached and be part of all purchase orders and contracts for all software, cloud-based applications, email services, document storage or other related internet- based or web based tools including but not limited to Platform as a Service (“PaaS”), Software as a Service (“SaaS”), and Infrastructure as a Service (“IaaS”). Concurrently with this Addendum, Vendor and the Division are entering into the (Agreement Description), for Purchase of an Information Management System, Associated Products and Services hereafter referred to as the “Agreement”. The Agreement is hereby incorporated by reference into this Addendum. For avoidance of doubt and notwithstanding any provision contained in this Addendum, the limitation of liability provision set forth in the Agreement will apply to this Addendum. In the event of a conflict between the Agreement and this Addendum, this Addendum shall govern. Capitalized defined terms not defined herein have the meaning set forth in the Agreement.

I. DEFINITIONS

a. “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.

b. “Division” means Roanoke City Public Schools.

c. “Division Data” includes all Personally Identifiable Information and other information that is not intentionally made generally available by the Division on public websites or publications, including but not limited to business, administrative and financial data, intellectual property, and student, employees, and personnel data.

d. “End User” means the individuals authorized by the Division to access and use the Services provided by the Vendor under this Agreement.

e. “Personally Identifiable Information” (or PII) includes but is not limited to: personal identifiers such as name, address, phone number, date of birth, Social Security number, and student or personnel identification number; “personal information” as defined in § 2.2-3801 and/or any successor laws of the Commonwealth of Virginia; personally identifiable information contained in student education records as that term is defined in the Family Educational Rights and Privacy Act, 20 USC 1232g; “health records” as defined in § 32.1127.1:03B of the Code of Virginia; “directory information” as defined by § 22.1-287.1 of the Code of Virginia; “medical information” as defined by § 32.1127.05A of the Code of Virginia “protected health information” as that term is defined in the Health Insurance Portability and Accountability Act, 45 CFR Part 160.103; nonpublic personal information as that term is defined in the Gramm- Leach-Bliley Financial Modernization Act of 1999, 15 USC 6809; credit and debit card numbers and/or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security

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Standards; other financial account numbers, access codes, driver’s license numbers; and state- or federal identification numbers such as passport, visa or state identity card numbers.

f. “Securely Destroy” means taking actions that render data written on physical (e.g., hardcopy, microfiche, etc.) or electronic media unrecoverable by both ordinary and extraordinary means.

These actions must meet or exceed those sections of the National Institute of Standards of Technology (NIST) SP 800-88r1 guidelines relevant to data categorized as high security.

g. “Security Breach” means a verified event in which Division Data is exposed to unauthorized disclosure, access, alternation, or use.

h. “Services” has the meaning set forth in the Agreement.

i. “Vendor” means (Vendor Name)

II. RIGHTS AND LICENSE IN AND TO DIVISION DATA

a. The parties agree that as between them, all rights including all intellectual property rights in and to Division Data shall remain the exclusive property of the Division, and Vendor has a limited, nonexclusive license as provided in this Agreement solely for the purpose of performing its obligations hereunder. This Agreement does not give Vendor any rights, implied or otherwise, to Division Data, content, or intellectual property, except as expressly stated in the Agreement.

III. DATA PRIVACY

a. Vendor will use Division Data only for the purpose of fulfilling its duties under this Agreement and will not share such data with or disclose it to any third party without the prior written consent of the Division, except as required by law.

b. Division Data will not be stored or processed outside the United States without prior written consent from the Division.

c. Vendor will provide access to Division Data, only to its employees and subcontractors who need to access the data to fulfill Vendor obligations under this Agreement. Vendor will ensure that employees and subcontractors who perform work under this Agreement have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of this Agreement. If Vendor will have access to “education records” for the Division’s students as defined under the Family Educational Rights and Privacy Act (FERPA), the Vendor acknowledges that for the purpose of this Agreement it will be designated as a “school official” with “legitimate educational interests” in the Division Education records, as those terms have been defined under FERPA and its implementing regulations, and the Vendor agrees to abide by the FERPA limitations and requirements imposed on school officials. Vendor will use the Education records only for the purpose of fulfilling its duties under this Agreement for Division’s and its End User’s benefit and will

26 | P a g e not share such data with or disclose it to any third party except as provided for in this Agreement, required by law, or authorized in writing by the Division.

d. Vendor will not use Division Data for advertising or marketing purposes unless such use is specifically authorized by this agreement or otherwise authorized in writing by the Division.

e. Vendor agrees to assist Division in maintaining the privacy of Division’s Data as may be required by State and Federal law, including but not limited to the Protection of Pupil Rights Amendment (PPRA), The Children’s Online Privacy Protection Act (COPPA), and…