RFP_attachments_18479_final.pdf

Rev. April 2025

ATTACHMENT A: RESPONDER DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

Responders must download and use the Exhibit D Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection.

Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

For the purposes of evaluation, if a responder leaves blank or enters "No Bid" into a line item blank the State may enter the highest price received from all responders for that line item.

The State would prefer consistent pricing across cafeterias but it is not required. Responders should clearly identify proposed price differences when submitting responses for multiple locations. Responders must complete an Exhibit D Price Schedule for each cafeteria location they propose or by combining all Food Service Facilities for which they propose identical pricing. Responders must complete a separate Price Schedule for each Food Service Facility or group of Food Service Facilities which has a difference for any price on the Price Schedule. Responders may obtain a separate Price Schedule by making copies of the blank Price Schedule included with the solicitation documents.

Prices listed in the response to this solicitation must take into consideration all inherent costs of providing the requested goods and/or services. The responder agrees to pay any and all fees, including, but not limited to:

permits, licenses. Insurance costs, etc. The State will not pay any additional charges beyond the price(s) listed in the response, unless otherwise provided for by law or expressly allowed by the terms of the solicitation.

The State anticipates this will be a profit/loss account and there will be no cost or revenue to the State for delivery of the services outlined in the proposal. Prices must not be inflated to provide a commission to the State.

The responder must consider all associated material and labor costs which includes, but is not limited to, the following:

• Recruitment Fees

• Wages

• Fringe

• Insurance

• Incentive Packages

• Pre-Employment Screening or Health Checks

• Background Checks

• Badges

• Employee Uniforms

• Linens and Laundry Service

• All Operating Expenses

• Vendor Administrative Fees

• Required Employee Training and Orientation

• Parking

• Invoice and Reporting Requirements

• Required Meeting Costs

• Overhead and Profit

• Start Up and End of Contract Costs

• Applicable Taxes

Unless otherwise approved by the State, the contract prices must remain firm for the initial term of the contract.

After the initial term of the contract, quarterly price adjustments may be considered based on market conditions, seasonal food item availability, etc. All price adjustments must be pre-approved by the State Authorized Representative (SAR) and a fully executed Contract Amendment must be completed prior to any new costs going into effect. Refer to Exhibit D: Pricing within the Sample Contract and Exhibits for more pricing related details.

2. Core Menu Items. The following are Core Menu Items typically provided by the Contract Vendor. Responders must provide a price for each item, or an alternative acceptable to the State, on the Excel Exhibit D: Price Schedule. Note that lower prices for healthy beverages relative to less healthy beverages and limiting sugar sweetened beverages to 20 oz. serving size or less (by not providing larger cups) are encouraged. Smaller portions should be offered and proportionally priced to encourage their selection whenever possible.

• Hamburger (80/20) on 4 inch whole grain bun – 1/3 lb.(uncooked weight)

• Grilled Cheese Sandwich

• Vegetarian Soup (clear broth, lower sodium) – 8 oz.

• Vegetarian Soup (clear broth, lower sodium) - 12 oz.

• Vegetarian Soup, (clear broth, lower sodium) – 16 oz.

• Chili w/beans – 8 oz.,

• Chili w/beans -12 oz.

• Chili w/beans- 16 oz.

• Grilled Chicken Breast Sandwich – 5 oz., on whole grain bun

• Egg – Large – hard boiled

• Muffin – medium 3-3 ½ oz.

• Coffee – 12 oz. cup

• Coffee – 16 oz. cup

• Coffee – 20 oz. cup

• Fountain Drinks – 12 oz.

• Fountain Drinks – 16 oz.

• Bottled Soda – 20 oz.

• Bottled Juice – 16 oz.

• Bottled Water – 20 oz.

• Canned Soda – 12 oz.

• Yogurt – 6 oz.

• Fresh Fruit - Apples (medium)

• Fresh Fruit - Banana (stage 4)

• Fresh Fruit – Oranges (medium)

• Fresh Fruit Cup (seasonal, pre-cut and pre-cleaned in see through cup) 4-6oz.

• Milk – 16 oz.

• Oatmeal – 12 oz.

• Whole Grain Breakfast Cereal (such as Fiber One) in super size to go package ( approx. 2 oz.)

• Salad Bar: Responders are to list items included in the salad bar (Price per ounce should include: mixed or dark greens such as spinach/romaine lettuce, tomatoes, onions, two other raw sliced/cut vegetables, three salad dressing choices, croutons, sunflower seeds, beans (e.g. garbanzo), cottage cheese, whole grain salad, fresh fruit chunks). Organically grown and/or locally sourced food is encouraged.

3. Catalogs and Price Literature. Responders must submit copies of all applicable catalogs, on-line catalog addresses, or price lists used for pricing purposes with their response. Do not submit marketing material with your response unless otherwise requested.

All price lists proposed must meet accessibility requirements per the Minnesota IT Services, Office of Accessibility website: https://mn.gov/mnit/programs/accessibility/

4. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

https://mn.gov/mnit/programs/accessibility/

ATTACHMENT D: Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders. Responder may provide supplemental contact information, such as specialized contacts.

Vendor’s Legal Name

Address

Contact Person (Contract)

Title

Email Address

Telephone Number

Contact Person (PO Order)

Title

Email Address

Telephone Number

Hours of Operation

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ Other

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

Comments:

3. Service Startup Time Frame. Responder must enter a delivery time frame for the number of days from award to first date of service.

Calendar Days ARO

4. Catering Delivery Time Frame. Responder must enter a delivery time frame for the number of calendar days after receipt of order to deliver upon a catering or special event order.

Calendar Days ARO

Attachment F: Work Plan Narrative

Responders will need to review Exhibit C: Specifications, Duties and Scope of Work under the Sample Contract and Exhibits to complete Attachment F: Work Plan Narrative. Responders are encouraged to address each of the sections below with a complete and accurate response.

Responders should explain how their company would meet, or exceed, the State’s proposed Exhibit C: Specifications, Duties and Scope of Work. Responders are encouraged to offer the best food and beverage services solution.

Responders should submit a separate attachment labeled “Attachment F: Work Plan Narrative” by the due date and time of the solicitation. The narrative response material should be provided in the same order and should be labeled with the applicable subsection header as presented below. The State reserves the right to verify or request clarification of the submitted response material.

1. Responder’s Experience.

☐ Company or Responder Experience. Describe your Company’s experience, capabilities and core values including years in business and location(s).

• Provide a detailed overview of the resources that will be deployed to support the solicited food and beverage services.

• Include three (3) projects from the last three (3) years similar in scope as defined under Exhibit C:

Specifications, Duties and Scope of Work under the Sample Contract and Exhibits.

2. Proposed Scope of Work.

☐ Responder Service Overview. The Responder should provide an overview of your proposed food service plans. Explain how the offered services meet and exceed the specifications detailed in Section 1. Scope of Work within Exhibit C: Specifications, Duties and Scope of Work under the Sample Contract and Exhibits.

• Include Responder’s Start Up Plan, End of Contract Exit Plan and staffing plans.

☐ Food Menu Proposal. Responders are to explain how the items offered within the submitted Exhibit D: Price Schedule may tie into weekly or monthly menus, special promotions, and healthy meal options.

Supplemental documentation such as sample menus or other explanations of your best food and beverage solutions are encouraged. Refer to Section 11. Menu and Food Requirements for detailed specifications.

☐ Catering or Special Event Proposal. Responders should explain your food and beverage solution for Catering

Sales and Special Event Functions. Supplemental documentation, such as a catering menu, may be provided for the state’s consideration. Refer to Section 9. Catering Sales and Special Event Functions for detailed specifications.

3. Equipment Proposal.

□ Provide a list of any equipment that the Responder recommends, or is willing to provide, to enhance menu, nutrition, sales or service. Refer to Section 3. Equipment within Exhibit C: Specifications, Duties and Scope of Work for detailed equipment specifications.

4. Cleaning and Maintenance Proposal.

□ Contractor’s Cleaning Responsibilities. Provide an explanation of your Company’s proposed cleaning schedule, plans, and methods used to ensure timely and safe food handling practices. Refer to Section 4.

Cleaning and Maintenance within Exhibit C: Specifications, Duties and Scope of Work for detailed specifications.

5. Permits, Licenses and Health Code Compliance.

☐ Responders should submit any applicable and current permits or certifications as it would apply under Section 7. Permits, Licenses and Health Code Compliance within Exhibit C: Specifications, Duties and Scope of Work that your company is in possession of. For example, include a current Minnesota Certified Food Protection Manager (CFPM) certificate and liquor license or the Responder’s plan to obtain the required certification and licensure prior to fully executing an agreement.

• Responders must identify and explain any applicable health and other code violations occurring in the past year in locations currently being managed and operated and remedial action taken by the Responder. The State reserves the right to verify any information that is provided and to also review any public information available as it pertains to health inspection records.

Attachment G: Sustainability Implementation

Sustainability Implementation. Describe how your company will implement the sustainability requirements in Exhibit C and identify any practices that exceed the minimum requirements. At a minimum, address food waste prevention, surplus food donation, reusable serviceware, single-use product reduction, recycling and organics collection, compostable/recyclable packaging, local and sustainable food sourcing, plant-forward menu options, catering waste reduction, environmentally preferable cleaning products, energy and water conservation, customer education, staff training, and sustainability reporting. Include measurable commitments, responsible staff, implementation timelines, and sample reports where available.

Responders should submit a separate attachment labeled “Attachment G: Sustainability Implementation” by the due date and time of the solicitation. The State reserves the right to verify or request clarification of the submitted response material.

6. Business Information