RFP_4811RP_Food_Purchasing_Services.pdf

Procurement Services 29529 CR 561 Tavares FL 32778, (352) 253-6763 Fax: (352) 253-6761 http://lake.k12.fl.us

REQUEST FOR PROPOSAL (RFP)

PROPOSAL ACKNOWLEDGEMENT FORM

RFP#4811RP – Food Purchasing Services

Question Deadline: March 22, 2019 @ 4:00PM EST Due Date/Time: April 4, 2019, 2:00 PM EST

Direct all inquiries in writing to: Procurement Representative—Regina Peeples, peeplesr@lake.k12.fl.us

Proposals must be received by Lake County Schools, Procurement Services Department, by the due date and time as indicated above. All proposals shall be accepted only through www.publicpurchase.com by opening date and time.

The Respondent hereby certifies by submission and signature of this proposal that Respondent complies fully with this RFP. In addition the representative below is duly authorized to sign this proposal on behalf of Respondent, company, or corporation and fully understands that by virtue of executing and returning this Proposal Acknowledgement Form represents complete and unconditional acceptance of the requirements, terms and conditions of this RFP and all appendices and any addendums released hereto.

Respondent hereby agrees to provide the services and/or items specified in the RFP at the prices quoted pursuant to the requirements of this document.

Authorized Signature:

Name & Title

Respondent Name

Federal I.D.

Mailing Address City

City State Zip

Telephone Fax E-Mail Address

Date Contact Person, Number

Receipts of the following web posted Addenda are hereby acknowledged: (List all attached Addenda)

Addendum No. ______ Dated ____________ Addendum No. ______ Dated ____________

Addendum No. ______ Dated ____________ Addendum No. ______ Dated ____________

This form shall be completed and returned with your proposal. All proposals shall be signed by an officer or employee having authority to legally bind Respondent(s).

Thank you for your interest in doing business with Lake County Schools.

http://lake.k12.fl.us/ mailto:peeplesr@lake.k12.fl.us http://www.publicpurchase.com/

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PURPOSE & BACKGROUND:

LCS desires to establish a contract with a Group Purchasing Organization (“GPO”), to provide comprehensive food purchasing services with improved pricing of foods and non-food items that meet current USDA standards in the following categories: Meat, Dairy, WG Rich Bread, and Grains, Produce, Snacks, Paper, and Cleaning Supplies for Lake County Schools (LCS), School Food Authority.

Group Purchasing Organizations, Buying Organizations, and Third-Party Vendors, collectively referred to as GPOs, often include CNP and Non-Program Operators. GPOs could be private for-profit or nonprofit entities. A GPO is typically structured in a way that may include a membership fee paid by member users, who are then granted access to the GPO price list of products and services. Although participating in these types of agreements can offer greater economy and efficiency for procurement or use of common or shared goods or services (2 CFR 200.318(e)), LCS participating in these agreements must still conduct competitive procurement in accordance with 2 CFR Part 200.318-.326 and applicable program regulations and guidance.

Meal programs to be serviced with the contracted items include the United States Department of Agriculture (“USDA”) National School Lunch Program and/or the School Breakfast Program.

Lake County Schools is a Public school located in Lake County, Florida. The goal of the Food Service Program is to provide nutritious meals to the enrolled students that follow USDA Meal Pattern for the National school Lunch Program and the National School Breakfast Program and After School Snack Program.

LCS ORGANIZATION: Lake County Schools is the 19th largest public school district in the state of Florida, serving approximately 42,000 students across 51 learning sites (including Lake Virtual School and Lake Technical College) and nearly 6,000 employees, which makes it the county’s largest employer.

LCS Mission: The mission of Lake County Schools is to provide every student with individual opportunities to excel.

LCS Vision: A dynamic, progressive, and collaborative learning community embracing change and diversity where every student will graduate with the skills needed to succeed in post-secondary education and the work place.

Questions concerning any portion of this solicitation shall be directed in writing online via www.publicpurchase.com to the below named individual who shall be the official point of contact for this solicitation.

Name: Regina Peeples E-mail: peeplesr@lake.k12.fl.us Fax: 352-253-6761 Address: 29529 CR 561 Tavares, FL 32778

No-Contact: All prospective proposers are hereby cautioned not to contact any Board member or employee of the LCS nor attempt to persuade or promote through other channels. All requests for additional information must be submitted in accordance with instructions contained in this Request for Proposal. Failure to comply with these procedures may be cause for disqualification of firm’s submittal.

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SECTION 1 -- INSTRUCTIONS TO VENDORS

1. Proposal Due Date: All proposals must be received no later than 2:00 PM EST, on April 4, 2019 Respondent will be responsible for its timely submission of their submittal.

All proposals must be signed by an officer or employee having authority to legally bind Respondent. Any corrections of unit prices must be initialed.

2. IMPORTANT NOTICE TO BIDDERS: The Procurement Services Department of Lake County

Schools has partnered with Public Purchase www.publicpurchase.com for the posting, notification, and processing of their bid opportunities. There is NO COST to Respondents to use this service for Lake County Schools bid opportunities.

Bidders who obtain Solicitation Packages from sources other than the LCS or from www.publicpurchase.com shall be required to register with Public Purchase. Please follow the link www.publicpurchase.com to register with Public Purchase for Lake County Schools.

This will place the Bidder on the notification list for any forthcoming addendum or other official communications. Failure to register as a prospective Bidder and/or accept receipt of each document may cause your Submittal Package to be rejected as non-responsive if you have submitted a Submittal Package without LCS issued forms and/or acknowledgment of issued addenda and/or meet the Solicitation Package requirements as provided by the LCS.

Proposals not conforming to the instructions provided herein may be subject to disqualification at the sole option of the district.

Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide the district with the services specified in the proposal.

Submittals/Responses shall be accepted only through www.publicpurchase.com .

3. ON LINE RESPONSES – shall be accepted until 2:00 PM, local time, on, April 4, 2019.

Recommended awards will be posted for review by interested parties on or about April 30, 2019 and will remain posted for a period of 72 hours in the Purchasing Department located at 29529 County Road 561, Tavares, Florida, @ www.publicpurchase.com and on our website @ http://lake.k12.fl.us. Since this information is available as outlined above, the Purchasing department will not mail or fax recommendation of award notices to all bidders. All non-award information will also be posted on www.publicpurchase.com. Failure to file a protest within the time prescribes in Section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida statutes.

4. SCHEDULE OF EVENTS:

Non-Mandatory Pre-Submittal Conference March 15, 2019 @ 9:00AM

Deadline for Questions March 22, 2019 @ 4:00PM http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://www.publicpurchase.com/ http://lake.k12.fl.us/

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5. PRE-SUBMITTAL CONFERENCE

A Non-Mandatory pre-submittal conference is intended to be scheduled as noted above. The meeting will be held at Procurement Services 29529 CR 561, Tavares, FL 32778.

The pre-submittal conference will allow for Respondents to gain clarification regarding the solicitation.

6. REQUEST FOR INFORMATION

All questions must be submitted by information cut-off date listed above, questions received after said date will not be considered. Inquiries must be made through www.publicpurchase.com.

Those interpretations which may affect the eventual outcome of this proposal will be posted on the on www.publicpurchase.com for all prospective Respondents to view. Only the interpretation or correction so given by the Procurement Services representative, in writing, shall be binding and prospective Respondents are advised that no other source is authorized to give information concerning, or to explain or interpret the RFP and the selection process. All such interpretations and supplemental instructions will be in the form of written Addenda to the RFP.

Selection committee members, LCS members, and LCS personnel (except the Procurement

Services representative) are not to be contacted prior to the LCS decision to approve or reject the final recommendation presented by the Superintendent. At the discretion of LCS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this NO-CONTACT PERIOD shall commence on the initial date of release of the Request for Proposals and continue through and include the date the LCS makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify a Respondent from consideration.

By submission of a proposal, Respondent understands that award of the solicitation by Lake County Schools, and any subsequent purchase orders and agreements, shall constitute a binding and enforceable contract. Unless otherwise stipulated in the solicitation documents, no other contract documents shall be issued.

7. RFP RESPONSE REQUIREMENTS/FORMS: When submitting a proposal through www.publicpurchase.com , an attachment package of required forms shall be included with your submittal.

Last date for addendums March 28, 2019 @ 2:00PM

Proposals Due April 4, 2019 @ 2:00 PM

Evaluation (Shortlist) April 11, 2019

Presentations, if needed April 18, 2019

Anticipated Board Action May 13, 2019 http://www.publicpurchase.com/

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SECTION 2 -- SCOPE OF SERVICES:

2.1 Lake County Schools (LCS) is seeking a Group Purchasing Organization (GPO) or other procuring agent able to provide broad and extensive purchasing programs with manufacturers or supplier community, to obtain food and cafeteria paper products as listed in Exhibit C- Required List of

Products and Estimated Usage on a consistent basis.

2.2 GPO shall provide:

2.2.1 Complete transparency in manufacturer programs including pricing, incentive programs, and rebates.

2.2.2 Separation of manufacturer agreements from distributor agreements. LCS may retain the right to select distribution provider.

2.2.3 Ability to perform distributor contract price audits. Audits should check all pricing mechanisms, including firm priced and fixed fee items.

2.2.4 All competitive bid documentation of bid pricing performed on behalf of LCS must be available upon request.

2.2.5 Support for advising and assisting the LCS in evaluating existing purchases and making recommendations for alternative products which meet the purpose, nutritional requirements, and quality objectives.

2.2.6 Ability for LCS to negotiate with manufacturer/supplier community and implement direct supplier agreements for the benefit of LCS.

2.2.7 Provide market intelligence including: market conditions, product recalls, product availability, and other pertinent information for nutritional purchases

2.2.8 Purchasing services must meet or exceed all Federal, State, Local and LCS procurement guidelines, policies, regulations, and laws for all Child Nutrition Programs

2.2.9 The services provided shall be operated and maintained as a benefit to the LCS students, faculty, and staff.

2.2.10 The services provided shall be managed to promote maximum participation in the Child

Nutrition Programs.

2.2.11 Services to each site as specified in Exhibit A-Location of Schools.

2.2.12 The LCS may add or remove sites and/or meal periods for existing programs to Exhibit A-

Location of Schools at any time during each Contract Term unless the addition or removal of sites and/or meal periods creates a material or substantive Contract change.

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2.2.13 The LCS reserves the right to maintain, add, and/or remove present food and beverage vending machines in its facilities.

2.2.14 The GPO shall be an independent contractor and not an employee of the LCS). The employees of the GPO shall be considered solely employees of the GPO and shall not be considered employees or agents of the LCS in any fashion.

2.2.15 The GPO shall conduct the provided services to ensure compliance with the rules, policies, and statutes of the Florida Department of Agriculture and Consumer Services (“FDACS”) and the USDA regarding Child Nutrition Programs.

2.2.16 The LCS shall be legally and financially responsible for the conduct of the services provided and shall supervise the services to ensure compliance with the rules and regulations of the

FDACS and the USDA regarding Child Nutrition Programs.

2.2.17 The LCS reserves the right to maintain, add, and/or remove products listed on Exhibit C-

Required List of Products and Estimated Usage.

2.3 SCHOOL FOOD AUTHORITY RESPONSIBILITIES:

2.3.1 The LCS shall be legally and financially responsible for the conduct of the services provided and shall supervise the services to ensure compliance with the rules and regulations of the

FDACS and the USDA regarding Child Nutrition Programs.

2.3.2 The LCS shall ensure that the food service operation is in conformance with its Child

Nutrition Programs Agreement and the Eligibility Manual for School Meals Determining and Verifying Eligibility.

2.3.3 The LCS shall retain control of the quality, extent, and general nature of its food service operation and the prices to be charged for meals, milk, a la carte items, adult meals, and vending machine items, as applicable.

2.3.4 The LCS shall approve the menus and recipes for meals and other food to be served or sold to students to ensure compliance with the rules and regulations of the FDACS and the

USDA

2.3.5 The LCS shall inform the GPO of any adjustments to menus/expected usage and monitor implementation of adjustments.

2.3.6 The LCS shall be responsible for resolution of program reviews and audit findings.

2.4 GROUP PURCHASING ORGANIZATION RESPONSIBILITIES:

2.4.1 Provide procurement services that meet all Federal and State guidelines for items listed in

Exhibit C and related services.

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2.4.2 Ability to integrate with LCS)ordering method or if unavailable provide an acceptable electronic method of purchasing, keeping track of orders, rebates, deliveries, invoices, and quarterly report.

2.4.3 Provide methods of purchasing items which pricing may change daily or weekly. GPO must have the ability to adjust pricing of items properly procured in Exhibit C, including fresh produce, milk, and other items that price will regularly fluctuate. GPO must have a mechanism in place for these items.

2.4.4 Provide Fee structure for services.

2.4.5 Provide competitively bid contracts, pricing and information, catalogues, search information, technical information, and any contract extensions/renewals, etc.

2.4.6 Provide staff to assist LCS as needed.

2.4.7 Provide the capabilities to procure distribution of USDA commodity products if requested.

2.4.8 Provide copies of all procurement documents.

2.4.9 Provide input and evaluation of food items, supplies and materials bid/proposal responses prior to award.

2.4.10 Provide information of any nutritional facts, CN label or bid specification sheet as per request.

2.4.11 Rebates, Discounts, and Credits: Any such rebates, discounts and credits must accrue to the benefit of the LCS. Rebates, discounts, and credits may include but would not be limited to any amount paid by way of reduction, credit, discount, return, refund, financial incentives, price concessions, and other instruments of value, or other direct or indirect remuneration from manufactures/vendors or other persons that are related to, directly or indirectly influence or affect what has already been paid or will be made payable with funds from the LCS’s nonprofit food service account. In addition, GPO will refund LCS for any overpayment. All goods, services, or monies received as the result of any equipment or government commodity rebate shall be credited to the LCS’s nonprofit food service account.

2.5 Purchases/Buy American:

2.5.1 The GPO shall purchase, to the maximum extent practicable, domestic commodities or products that are either agricultural commodities produced in the United States or food product processed in the United States substantially using agricultural commodities produced in the United States.

2.5.2 The GPO shall not substitute commercially-purchased foods for USDA ground beef, ground pork, and processed end products received.

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2.5.3 The GPO may substitute commercially-purchased foods for all other USDA Food received.

All commercially-purchased food substitutes must be of the same generic identity as the USDA food received, of United States origin, and of equal or better quality than the USDA Foods as determined by the LCS.

2.5.4 The LCS shall ensure commercially-purchased foods used in place of USDA Foods received are of the same generic identity as the USDA Foods received, of United States origin, and of equal or better quality than the USDA Foods as determined by the LCS.

2.5.5 The GPO may be required to certify the percentage of United States content in the products supplied to the LCS.

2.5.6 The LCS reserves the right to review GPO purchase records to ensure compliance with the Buy American provision in 7 C.F.R. sections 210.21 and 250.23.

2.5.7 The GPO shall provide Nutrition Facts labels and any other documentation requested by the LCS to ensure compliance with United States content requirements.

2.5.8 Products provided by offeror in Exhibit C must be “Approved Brand or Equal.” The brand name product is acceptable. Other products may be considered with proof that such products meet stated specifications and are deemed equivalent to the brand products in terms of quality, performance, and desired characteristics, as determined by the LCS.

2.6 EMPLOYEES

2.6.1 The GPO shall comply with all wage and hours of employment regulations of Federal and

State law.

2.6.2 The GPO shall pay all GPO employees in accordance with the Fair Labor Standards Act and any other applicable statutes.

2.6.3 The GPO shall instruct its employees to abide by the policies, rules, and regulations, with respect to use of LCS premises, as established by the LCS and furnished in writing to the

GPO.

2.6.4 The GPO shall ensure, at its own expense, required fingerprint-based criminal history record checks are conducted on all GPO employees and anyone contracted on the GPO’s behalf, assigned to the LCS if entering LCS sites, and results are provided to the LCS per the Jessica

Lunsford Act, section 1012.32, Florida Statutes.

2.7 RECORD KEEPING

2.7.1 The GPO shall retain all records relating to the initial contract and all subsequent renewals for a minimum of five (5) years or the longer of the retention periods required by federal, state or local laws and regulations that govern the LCS regarding recordkeeping and records retention.

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2.7.2 All records must be maintained for the longer of the retention periods specified above for the purpose of making audits, examinations, excerpts, and transcriptions by representatives of the LCS, the FDACS, the USDA, and the Auditor General, and other governmental entities with monitoring authority at any reasonable time and place. If audit findings have not been resolved, the records shall be retained beyond the specified period as long as required for the resolution of the issues raised by the audit.

SECTION 2A SPECIAL CONDITIONS

2.1A USDA FOODS: Any USDA Foods received for use by the LCS and made available to the GPO shall be utilized within the specified Term of this Contract in the LCS food service operation for the preparation and service of meals and for other allowable uses in accordance with the Code of Federal Regulations, 7C.F.R. Part 250.

2.2A The GPO shall accept and use USDA Foods in as large a quantity as may be efficiently utilized in the nonprofit food service subject to approval of the LCS.

2.3A The GPO shall manage all USDA Foods to ensure the foods are utilized in the LCS food service.

2.4A The GPO shall utilize all USDA ground beef, ground pork, and processed end products received in the LCS food service. Commercially-purchased foods shall not be substituted for these foods.

2.5A The GPO shall utilize all other USDA Foods, or substitute commercially-purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods as determined by LCS food service.

2.6A The GPO shall credit the LCS monthly bill/invoice the current market value of all USDA foods received during each Contract Term as the foods are used in the LCS food service. The GPO must credit the LCS for all USDA Foods received for use in the LCS food service each Contract

Term whether the USDA Foods have been used or not. Such credit shall be issued in full prior to the expiration of each Contract Term.

2.7A Credit issued by the GPO to the LCS for USDA foods received during each Contract Term and used in the LCS food service shall be recorded on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled. Attached to the invoice shall be a detailed list identifying each received USDA Foods item used in the LCS’s food service and each USDA Foods item credit issued for unused USDA Foods, along with the current market value as issued by the FDACS.

2.8A The current value of USDA Foods is based on the information listed on the LCS Web-Based

Supply Chain Management (WBSCM) Requisition and by the Requisition Status Report. If not listed, the current market value of USDA Foods will be based on the prices issued by the

FDACS.

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2.9A The LCS shall ensure the method and timing of crediting does not cause its cash resources to exceed limits established in 7 C.F.R. § 210.9(b)(2).

2.10A At the end of each Contract Term and upon expiration or termination of the Contract, a reconciliation shall be conducted by the LCS to ensure and verify correct and proper credit has been received for the full value of all USDA Foods received by the GPO during each

Contract Term for use in the LCS food service.

2.11A The LCS shall verify receipt of USDA Foods shipments through its electronic records or by contacting the FDACS or processor as applicable.

2.12A The LCS reserves the right to conduct commodity credit audits throughout each Contract

Term to ensure compliance with federal regulations 7 C.F.R. Part 210 and Part 250.

2.13A The GPO must accept liability for any negligence on their part that results in any loss, damage, out of condition, or improper use of USDA Foods not yet credited to the LCS and shall credit the LCS either monthly or through a fiscal year-end reconciliation.

2.14A The LCS and GPO shall consult and agree on end products to be produced from USDA Foods during each Contract Term. If the LCS and GPO cannot agree on end products, the GPO shall utilize the USDA Foods in the form furnished by the USDA.

2.15A If the GPO acts as an intermediary between a processor and the LCS the GPO shall credit the LCS the current market value of the USDA Foods contained in the processed end products unless the processor is providing such credit to the LCS. Such credit shall be issued to the LCS on the monthly bill/invoice as a separate line item entry and shall be clearly identified and labeled.

2.16A The GPO shall not enter into any processing agreements with a processor as required in subpart C of 7 C.F.R. Part 250. The GPO shall also not enter into any subcontracts for further processing of USDA Foods.

2.17A The GPO shall have records maintained and available to substantiate the receipt, use, storage, and inventory of USDA Foods. The GPO must submit to the LCS monthly inventory reports showing all transactions for processed and non-processed USDA Foods.

2.18A The LCS, the FDACS, the Auditor General, and the USDA, or their duly authorized representatives, may perform on-site reviews of the GPO’s food service operation, including the review of records, to ensure compliance with the requirements of this Contract and federal regulations 7 C.F.R. Part 210 and Part 250.

2.19A The GPO shall return all unused USDA ground beef products, ground pork products, and processed end products to the LCS upon termination, expiration, or non-renewal of the

Contract.

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2.20A At the discretion of the LCS the GPO may be required to return other unused USDA Foods to the LCS upon termination, expiration, or non-renewal of the Contract.

2.21A The LCS shall retain title to all USDA Foods provided to the GPO for use in the LCS food service.

2.22A USDA donated foods or processed end products containing USDA donated foods shall not be used for catering or special functions conducted outside of the nonprofit school food service.

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SECTION 3 -- PREPARATION ORDER AND REQUIRED CONTENT

3.1 Proposal Preparation

In order to ease comparability and enhance the review process, it is requested that proposals be organized in the manner specified below. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Responsive proposals should provide straightforward, concise information that satisfies the requirements noted above.

Expensive bindings, color displays, and the like are neither necessary nor desired. Emphasis should be placed on skills and experience that respond to the needs of the LCS, the requirements of this RFP, and completeness and clarity of content.

3.2 REQUIRED INFORMATION AND FORMAT

Proposals must provide the required information in the following order and format. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Copies of the proposal signed by an authorized representative of Respondent, including name, title, address, and telephone number of one individual who is Respondent’s designated representative.

3.3 TABLE OF CONTENTS

Clearly outline and identify the material and responses by the tab and page number. Outline in sequential order the major areas of the responses, including enclosures. Tabs should be used to separate each tabbed section. All pages must be consecutively numbered and correspond to the table of contents.

TAB 1 - RESPONDENT’S PROFILE AND SUBMITTAL LETTER

RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business. A brief profile of the firm, including:

A. A brief history of the business B. Organizational structure of business C. Ownership interests D. Active business venues (counties, states, etc.)

E. Present status and projected direction of business F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.). For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida

G. A confirmation of your company’s understanding of the requirements/scope of services/specifications of this formal solicitation and familiarity and interest in providing group purchasing organization services.

H. Provide all names, titles, addresses, telephone numbers (including facsimile numbers), and e-mail addresses.

TAB 2 - QUALIFICATIONS AND EXPERIENCE

Organizational History, Structure, and Authoritative Direction of Control

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Respondent must maintain and include a current business license. Respondent must keep current all licenses and permits, whether municipal, county, state, or federal, required for the performance of its obligations and functions hereunder, and shall pay promptly when due all such fees. Respondents must provide documentation of applicable license, certification, and/or commercial experience involving the services described herein. Lake County Schools reserves the right to request documentation at any time during the contract period.

Respondent shall provide an organizational chart of its administrative staff.

Respondent must demonstrate a record of company stability for the last five (5) years and provide information supporting evidence as follows:

o State number of years in business.

o State the location, address, and telephone number of Respondent’s offices.

o Discuss any name changes, changes in ownership, reorganizations, etc.

Administration and Staff Qualifications: Respondent shall describe the qualifications and experience of the partners, managers, supervisors, senior staff, customer service, and all staff that will provide the services to Lake County Schools. Respondent shall ensure that staff has all required licenses, certifications, and training appropriate for such persons’ role and function within the firm. Documentation that describes job qualifications and experience will be acceptable. Provide the name and contact information for the point of contact for these services.

Respondent shall provide a customer list and/or a list of current or recently completed projects which best illustrate the experience of Respondent in the following areas:

o Name and location of the engagement.

o The nature of Respondent’s responsibility on the engagement.

o Name, address, telephone, and fax number for each project contact who may be contacted as a reference.

o Date engagement was completed or is anticipated to be completed.

o Size of engagement (project dollar value).

o Services for which Respondent’s staff was responsible.

o Present status of the engagement.

o Respondent’s key professionals involved on the engagement and who, of that staff, would be assigned to the services covered by this RFP.

References: Please provide at least three (3) Florida School District References or (3) most comparable municipal references that Lake County Schools may contact as references. Please complete a Reference Form with the following for each reference including:

o District, key contact person(s);

o Job title(s) address, phone number, email address for key contacts of the district/municipality.

License Sanctions: List any regulatory or license agency sanctions. The LCS may perform a background check on respondent with all state and regulatory agencies.

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Litigation: Provide a statement and detailed description of any litigation or regulatory action that has been filed against your firm(s) in the last three years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect.

For joint venture or team proposers, submit the requested information for each member of the joint venture or team.

Respondent shall disclose number of partners, managers, and other key staff used to perform the scope of the RFP. If applicable, identify all subcontractors necessary to conduct the project. Describe the range and scope of activities performed by the contracting organization, including capability to fulfill the specifics of the project (e.g., staff, equipment, workload, etc.).

TAB 3 - SCOPE OF SERVICES

Describe Respondent's understanding of the scope of services as described in Section 2 of this RFP. Include a written statement explaining your firm’s approach to providing comprehensive group food purchasing services.

TAB 4 - PROPOSAL PRICING

The proposal shall include Respondent’s proposed pricing as requested on (Attachment 2- Proposal Price Sheet). The LCS reserves the right to accept or reject proposed pricing.

Cost of providing proposed services and potential savings will be determined utilizing the Proposal Price Sheet and any additional applicable documentation provided. Conformity of Specification proposal response must include information on methods GPO will utilize to address items in, Section 2 Scope of Work and Section 2.4 GPO Responsibilities.

Tab 5 - COMPLIANCE REQUIREMENTS—ATTACHMENT PACKAGE This is a compliance section and carries no evaluation points. Respondents must meet minimum criteria as specified to receive further consideration.

Proposals shall include the following:

Attachment 1: Proposal Acknowledgement Form Attachment 2: Proposal Price Sheet Attachment 3: Reference Form (minimum of 3 references required) Attachment 4: Public Entity Crimes Affidavit Attachment 5: Non-Collusion Affidavit Attachment 6: Federal Debarment Form

TAB 6 - ADDITIONAL INFORMATION

Any additional information or data which Respondent deems essential to the proposal and for consideration should be included in a separate section of the submittal titled “Additional Information”. Additional information presented for consideration should include additional costs to the district. If there is no additional information to present, state in this section:

"There is no additional information that Respondent wishes to present.”

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SECTION 4 -- PROPOSAL EVALUATION

4.1 Timely submitted responsive proposals will be evaluated by an Evaluation Committee of the

District. Each representative will score each proposal using the criteria described below Evaluation

Procedures.

4.2 EVALUATION CRITERIA

Only proposals that meet the compliance requirements will be evaluated based on the following criteria.

Evaluation Criteria Possible Points

Cost of providing proposed services and potential savings 40 Points

Conformity of Specifications 20 Points

General Services available 20 Points

References & Experience 20 Points

TOTAL Possible Points 100 Points

An evaluation committee will evaluate the proposals received. Each committee member will independently score each proposal using the predetermined point system following the set of evaluation criteria listed in Section 9.2 Assignment of evaluation points. Each Committee member’s proposal scores will be ranked with the firm receiving the highest score and also receiving the highest number of composite points (i.e. if 10 firms’ submitted proposals, the highest scored firm would receive 10 composite points, the second highest would receive 9 composite points, etc.). These composite points will then be added together and the proposals with the highest overall composite points will be placed on a short-list.

After the initial ranking of the proposals, the evaluation committee may conduct interviews or presentations from a short list of vendors. If this is determined, your company will be contacted for the interview or presentation, which may occur on the date listed in Section 1.4 Schedule of Events of the RFP. This is an optional interview or presentation that will be determined by the evaluation committee.

Presentation Evaluation Criteria Possible Points

Criteria 1 TBD Points

Criteria 2 TBD Points

TOTAL Possible Points Points

Respondents shall be liable for all costs associated with their presentation. The Procurement Services representative shall calculate all scoring and determine a ranking of the shortlisted firms based on the presentation/interview evaluation criteria above. The highest ranked firm(s) will be recommended for award.

4.3 RIGHT TO NEGOTIATE

LCSB reserves the right to negotiate price and contract terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm is not reached, the District reserves the right to enter into contract negotiations with the next highest ranked firm and continue this process until agreement is reached.

RFP #4811RP Food Purchasing Services Page 16 of 26

SECTION 5 -- GENERAL TERMS AND CONDITIONS

5.1 AWARD: A contract will be recommended for award to the responsive and responsible proposer who achieves the highest point score through the proposal evaluation process as outlined later in this document under the Method of Evaluation section. In addition, the LCS at its sole discretion, reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the LCS to do so. The LCS also reserves the right to make multiple awards, based on experience and qualifications if it is deemed to be in the LCS best interest.

LCS reserves the right to negotiate with the highest ranked proposer regarding proposal scope, quality, price and any other issues it considers relevant to successful performance of the services.

If an agreement cannot be reached with the highest ranked proposer, LCS reserves the right to negotiate and recommend award to the next highest proposer or subsequent proposers until an agreement is reached.

5.2 CONTRACT: A contract or agreement will be released, after award, for any work to be performed as a result of this RFP. The proposal, negotiated terms, and the contract will constitute the complete agreement between Respondent and Lake County Schools. If Respondent requires an additional contract, then Respondent should include their sample contract as an attachment to the proposal submitted for review.

5.3 CONTRACT TERM: The term of this contract shall be for one (1) year beginning immediately after

Board approval. Pricing, terms, and conditions of the base contract will remain for an initial period.

This stipulation shall be subject to a thirty (30) day written notice of cancellation by either party.

Respondent agrees to this condition by signing its proposal.

5.4 CONTRACT RENEWAL: LCS at its sole discretion, may exercise options to extend the contract for up to four (4) additional one-year periods based upon funding availability and by mutual written consent of both parties. Respondent understands that any rate increases must be requested in writing with supporting documentation, approved by LCS, and shall not exceed the average CPI for

All Urban Consumers U.S. City Average for the first five (5) years of the contract.

5.5 CONFLICT OF INTEREST: All Respondents must disclose the name of any officer, director, or agent who is also an employee of LCS. All Respondents must disclose the name of any district employee who owns, directly or indirectly, any interest in the Respondents' business or any of its branches.

5.6 MINOR IRREGULARITIES: The LCS reserves the right to waive minor irregularities or technicalities in proposals, and in its sole discretion, request a clarification regarding a proposal(s), providing such action is in the best interest of the LCS. Minor irregularities are defined as those that have no adverse effect on the LCS best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.

5.7 PROTEST: Any person who is affected adversely by the decision or intended decision shall file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the

RFP #4811RP Food Purchasing Services Page 17 of 26 posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest.

With respect to a protest of the specification contained in an invitation to bid or in a request for proposal, the notice of protest shall be filed in writing within 72 hours after the receipt of the project plans and specification or intended project plans and specification in an invitation to bid or request for proposal (but no later than the time when the bids or responses must be received in order to be considered), and the formal writing protest shall be filed within 10 calendar days after the date the notice of protest is filed. The 72 hours period referred to herein shall not include Saturday, Sundays, or holidays. The work “holiday” shall mean any weekday on which the LCS Administrative Offices are closed.

Failure to file a timely formal written protest shall constitute a waiver of proceedings under Chapter

120, Florida Statutes.

The formal written protest shall state with particularity the facts and law upon which protest is based. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.7(3)(b), shall post at the time of filing the formal written protest, a bond payable to the LCS of Lake County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, certified bank check, bank certified company check, or money order will be an acceptable form of security.

If after completion of the administrative hearing process and any appellate court proceedings, the

District prevails, it shall recover all cost and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the District all costs and charges which shall be include in the final order of judgment, excluding attorney’s fees.

Upon receipt of the formal written protest and protest bond which has been timely filed, the District shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final District action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

5.8 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. In accordance with

Section 287.135 of the Florida Statutes, THE LCSRESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE LCS“A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all

RFP #4811RP Food Purchasing Services Page 18 of 26 wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The LCS may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding, the LCS reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the LCS determine that the conditions set forth in Section 287.135(4) are met.

5.9 LCS does not discriminate on the basis of race, religion, color, national origin, gender, genetic information, age, disability or marital status in its educational programs, services or activities, or in its hiring or employment practices. The district also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act.

Questions, complaints, or requests for additional information regarding discrimination or harassment may be sent to:

David Meyers Manager Employee Relations

Lake County Schools Phone: 352-253-6519

Fax: 352-253-6545 Meyersd@lake.k12.fl.us

An entity or affiliate who has been placed on the discriminatory vendor list, a list published by the

State of Florida, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

5.10 PUBLIC ENTITY CRIMES DISCLOSURE: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

5.11 DRUG-FREE WORKPLACE. Whenever two or more RFPs are equal with respect to price, quality, and service, a RFP received from a business that certifies that it has implemented a drug-free

RFP #4811RP Food Purchasing Services Page 19 of 26 workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the LCS at an additional cost prior to working on the LCS account.

5.12 CONTINGENT FEE PROHIBITED. The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not pay a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

Bidder warrants that he/she has not employed or retained any company or person other than a bona fide employee working solely for bidder, to solicit or secure this RFP and that he/she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for proposer, any fee, commission, percentage, gift or any other consideration contingent upon, or resulting, from the award of making of this RFP.

5.13 PAYMENT TERMS: Respondent shall state on the Proposal Price Sheet the Terms and Conditions it will accept for a payment discount. (i.e.: 2% net 30 days, upon receipt of invoice). The district shall not pay Federal Excise and State taxes on direct purchases of tangible personal property. This exemption does not apply to purchases of tangible personal property made by respondents who use the tangible personal property in the performance of contracts for the improvement of LCS owned real property as defined in Chapter 192 of the Florida Statutes. Payment will be made to the contracted GPO no later than thirty (30) days after the receipt of the invoice, fee structure, or agreement.

5.14 INVOICES: The successful bidder will be required to submit invoices and reference purchase…