RFP Document.pdf

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Food Service
Solicitation number
23RFP9391
Issued by
Yankton County, South Dakota

About this file

This document is a Request for Proposal (RFP) issued by the South Dakota Department of Social Services, Human Services Center (HSC), in partnership with the Department of Corrections, Yankton Minimum Center (YMC), seeking a vendor to provide food service management for both organizations located at the HSC campus in Yankton, South Dakota. The RFP outlines detailed requirements for the food service program, including staffing, meal service, procurement, cleanliness, and security. Offerors are encouraged to visit the site prior to submitting proposals, which are due by 5:00 PM CST on January 30, 2024. The contract term is one year beginning June 1, 2024, with options to renew for up to four additional one-year periods.

The RFP specifies that any profit or loss from the food services shall remain with the contractor. HSC will provide certain equipment and facilities, while the contractor must provide other equipment and supplies. The contractor will be required to interface with HSC's electronic health record system and meet stringent sanitation, safety, and reporting requirements. Offerors must detail their qualifications, approach, and costs, which will be evaluated based on specialized expertise, past performance, and cost.

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RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 1 of 86

STATE OF SOUTH DAKOTA

OFFICE OF PROCUREMENT MANAGEMENT

523 EAST CAPITOL AVENUE

PIERRE, SOUTH DAKOTA 57501-3182

FOOD SERVICE REQUEST FOR PROPOSAL

PROPOSALS ARE DUE NO LATER THAN 5:00 PM CST JANUARY 30, 2024

RFP#9391 BUYER: Human Services Center POC: Kirsten Blachford Kirsten.Blachford@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

FEDERAL TAX ID#: E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

mailto:Kirsten.Blachford@state.sd.us

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 2 of 86

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Social Services, Human Services Center, in partnership with the Department of Corrections, Yankton Minimum Center is seeking a vendor to support food service management for both organizations located at the Human Services Center’s campus in Yankton South Dakota.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Human Services Center is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Social Services. The reference number for the transaction is RFP #9391. Refer to this number on all proposals, correspondence, and documentation relating to the RFP.

Please refer to the Department of Social Services website link http://dss.sd.gov/keyresources/rfp.aspx for the RFP, any related questions/answers, changes to schedule of activities, amendments, etc.

1.3 LETTER OF INTENT

All interested offerors are requested to submit a non-binding Letter of Intent to respond to this RFP. While preferred, a Letter of Intent is not mandatory to submit a proposal.

The letter of intent must be received by email in the Department of Social Services by no later than 5:00 PM CST on December 27, 2023 and must be addressed to Kirsten.Blachford@state.sd.us . Place the following, exactly as written, in the subject line of your email: Letter of Intent for RFP #9391. Be sure to reference the RFP number in any attached letter or document.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication December 12, 2023 Letter of Intent to Respond Due December 27, 2023 Deadline for Submission of Written Inquiries January 2, 2024 Responses to Offeror Questions January 16, 2024 Deadline for Completion of Site Visits (if required) January 23, 2024 Request for SFTP folder January 30, 2024 by 5:00 pm CST Proposal Submission January 30, 2024 by 5:00 pm CST Deadline for Proposal Revisions (if required) To be announced, if needed Anticipated Award Decision/Contract Negotiation March 1, 2024

1.5 SITE VISITS

Offerors are strongly encouraged to visit the campus and tour the food service facilities prior to submitting their proposal. To schedule a site visit, contact Sheryl Schroeder at Sheryl.Schroeder@state.sd.us . Place the following, exactly as written, in the subject line of your email: Site Visit Request for RFP #9391. All site visits must be completed by the date indicated in the Schedule of Activities. Failure to perform a site visit shall not relieve the offerors from any items and conditions of this RFP.

1.6 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received by the Department of Social Services by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP).

Offerors must request an SFTP folder by emailing Kirsten Blachford at Kirsten.Blachford@state.sd.us. The subject line should be “RFP #9391 SFTP Request”.

http://dss.sd.gov/keyresources/rfp.aspx mailto:Kirsten.Blachford@state.sd.us mailto:Sheryl.Schroeder@state.sd.us

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 3 of 86

The email should contain the name and the email of the person who will be responsible for uploading the document(s).

Please note, Offerors will need to work with their own technical support staff to set up an SFTP compatible software on Offeror’s end. While the State of South Dakota can answer questions, the State of South Dakota is not responsible for the software required.

No proposal may be accepted from, or any contract or purchase order awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

All proposals may be signed in ink or digitally by an officer of the offeror legally authorized to bind the offeror to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

1.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.8 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.9 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 4 of 86

1.10 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.11 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.12 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered unless previously approved.

1.13 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements.

No inquiries will be accepted after 5:00 PM CST on January 2, 2024. Email inquiries must be sent to Kirsten.Blachford@state.sd.us with the following wording, exactly as written, in the subject line: RFP #9391 Questions.

The Department of Social Services (DSS) will respond to offerors’ inquiries by posting offeror aggregated questions and Department responses on the DSS website at http://dss.sd.gov/keyresources/rfp.aspx no later than January 16 2024. For expediency, DSS may combine similar questions. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.14 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information.

Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. Pricing and service elements are not considered http://dss.sd.gov/keyresources/rfp.aspx

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 5 of 86 proprietary. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

Offerors may submit a redacted copy of their proposal when they respond though this is optional.

1.15 LENGTH OF CONTRACT

This RFP may result in a single or multiple year award contract. The term of the contract shall be one year, beginning June 1, 2024, with the option to renew, in one (1) year increments, for four (4) additional one (1) year extensions at the Human Services Center’s discretion and by mutual agreement of the parties. The furthest end date with the four (4) one (1) year extensions is May 31, 2029.

1.16 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in Hughes County, State of South Dakota. The laws of South Dakota shall govern this transaction.

1.17 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

1.18 HSC VISITS TO OFFEROR’S FACILITIES

Representatives from the State reserve the right to inspect the Offeror's facilities and other operations under the Offeror's management prior to award of this proposal.

1.19 PROFIT OR LOSS

Any profit or loss from food services resulting from this proposal and the subsequent contract shall remain with the Contractor.

1.20 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this proposal, the Offeror certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, the following in connection with this

RFP:

A. Independent Pricing

The prices and guarantees in this proposal have been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition.

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 6 of 86

B. Disclosure Unless otherwise required by law, the prices and guarantees which have been quoted in this proposal have not been knowingly disclosed by the Offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other Offeror or to any competitor.

C. Restriction of Competition

No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

D. Proposal Signatory Authority

1. Responsibility The individual signing the proposal is the person in the Offeror's organization responsible for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to this solicitation.

2. Agent Authorization

The individual signing the proposal is not the person in the Offeror's organization responsible for the decision as to the prices being offered herein, but he/she has been authorized in writing to act as agent for the persons responsible for such decisions and that he/she has the authority to certify that such person has not participated, and will not participate, in any action contrary to this solicitation and their agent does so certify; and that he/she has not participated, and will not participate, in any action contrary to this solicitation.

1.21 NEWS RELEASES

News releases pertaining to this procurement or any part of the proposal shall not be made without the prior written approval of the State.

1.22 EMPLOYMENT OF STATE AGENCY PERSONNEL

The Offeror will not engage the services of any persons while they are employed by the State during the process of preparing a response for this RFP.

1.23 FOOD SERVICE LICENSE

Offerors will be required to have a South Dakota Food Service license obtained through the South Dakota Department of Health.

2.0 STANDARD AGREEMENT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include, at minimum, the State’s standard terms and conditions as seen in Exhibit A. As part of the negotiation process, the contract terms listed in Exhibit A may be altered or deleted.

Exhibit B includes the contract clauses from the Bureau of Information and Telecommunications (BIT). Because we expect a wide range of proposed solutions, we have included the widest number of possible clauses. We fully expect that, depending on the nature of your solution, clauses may be modified or removed in the final contract.

The State will include a clause on failure to perform and non-compliance remedies in the contract.

Remedies include but are not limited to: a written warning, a formal corrective action plan and/or performance payment withholding of fifteen percent (15%) of the monthly invoice total.

The offeror should indicate in their response any issues they have with any specific contract terms. If the offeror does not indicate any contract term issues, then the State will assume the terms are acceptable.

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 7 of 86

There is also a list of technical questions, Security and Vendor Questions which is attached as Exhibit E, the offeror must complete. These questions may be used in the proposal evaluation. It is preferred that the offeror’s response to these questions is provided as a separate document from the RFP response. If the offeror will be hosting the solution, the file name must be “(Your Name) Hosted Security and Vendor Questions Response”. If the solution will be hosted by the State, the file must be named “(Your Name) Security and Vendor Questions Response State Hosted”. If the solution is not a hosted solution, the file name must be “(Your Name) Security and Vendor Questions Response”. If there are multiple non-hosted solutions, please provide some designation in the file name that indicates which proposal it goes to. This document cannot be a scanned document but must be an original. If the offeror elects to make the Security and Vendor Questions part of its response, the questions must be clearly indicated in the proposal’s Table of Contents. A single numbering system must be used throughout the proposal.

3.0 BACKGROUND INFORMATION

3.1 HUMAN SERVICES CENTER (HSC)

The mission of HSC is to provide individuals with a mental health or substance use disorder or both with effective, individualized professional treatment enabling them to achieve their highest level of personal independence in the most therapeutic environment. HSC includes a Medicare/Medicaid certified inpatient psychiatric hospital, an adult psychiatric rehabilitation program, an adult restoration to competency program, an adult substance use disorder treatment program, and a skilled nursing facility.

3.2. YANKTON MINIMUM CENTER (YMC)

The Yankton Minimum Center (YMC) is a level II security facility that houses male offenders classified as minimum restricted or minimum. YMC can house 332 offenders and provides work support services to the Mickelson Center for the Neuroscience’s in the areas of laundry, dietary and grounds keeping. Gate pass eligible offenders are also allowed to work in Yankton and the surrounding area. The YMC is located in the Pierce building, which is on the grounds of HSC.

The Pierce building is surrounded by a secure perimeter (chain link fence). The food service vendor will need to access the Pierce building through a security entrance controlled by YMC staff.

Exhibits C and D include average daily census and meals served for HSC and the YMC. It is anticipated the YMC count will be approximately 332 offenders for the foreseeable future.

4.0 SCOPE OF WORK - MANDITORY REQUIREMENTS

The Contractor must comply with the requirements as detailed in Section 4 of the RFP. The State will provide staff, as it deems appropriate, to perform contract monitoring.

4.1. GENERAL REQUIREMENTS, REGULATIONS AND LAWS

The Contractor will comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits, and requirements applicable to providing services pursuant to the Agreement, and will be solely responsible for obtaining current information on such requirements. The Contractor agrees to meet or exceed all dietetic and food service laws and ordinances as adopted by federal, state, and local authorities. These laws and ordinances must include, but not limited to:

A. Standards set forth under the Centers for Medicare & Medicaid Services (CMS), including

42 CFR Part 482 – Conditions of Participation for Hospitals and 42 CFR Part 483, Subpart B – Requirements for Long Term Care Facilities;

B. State of South Dakota Administrative Rules, Sections 44:73 Nursing Facilities, 44:75

Hospital, Specialized Hospital, and Critical Access Hospital Facilities, 44:78 Inpatient Chemical Dependency Treatment Facility, and 44:02:07 Food Service Code as it applies to dietetic and food service operations;

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C. South Dakota Department of Health and local laws, rules, and regulations as they apply to dietetic and food service operations in hospitals and related institutions;

D. Relevant facility policies and procedures; and, E. Policies and procedures of the facility and any governing body under which the facility may operate now or in the future.

4.2 PERSONNEL REQUIREMENTS

4.2.1 STAFFING

The Contractor must demonstrate they currently employ or can employ sufficient staff to manage the food service operations at HSC. Staff employees shall be on duty for the efficient, prompt and sanitary service of food based upon a written staffing plan. Deviations from the staffing plan will require written notification to the recipient institution and subject to its approval.

Failure to meet the staffing plan could result in liquidated damages as outlined in Section 2.

The Contractor shall supply HSC with a complete list of employees, supervisors and management assigned to work areas at the start of the contract and as frequently thereafter as requested by HSC. The list of employees shall include related trainings, certifications and/or licensures held by each staff person working at HSC. The list shall be reviewed annually and at any other time as requested by HSC.

Personnel of the Contractor shall observe and be subject to all regulations of HSC. Failure to do so may be grounds for HSC to recommend dismissal.

4.2.2 FOOD SERVICE DIRECTOR

The Contractor shall provide a qualified on-site Food Service Director experienced in health care facilities. This person must possess required certification/licensure and shall be subject to the approval of HSC. The response must clearly detail the expected duties of the Food Service Director. In the event HSC is not satisfied with the services provided by the Contractor's Food Service Director, funds provided by the State shall be deducted from the contract and HSC will contract for their own Food Service Director.

The Food Service Director assigned to HSC shall not be changed more than once per year unless mutually agreed and not without thirty (30) days advanced notice and replacement selection made is acceptable to and mutually agreed by HSC, unless they have been terminated from the company. Positions shall not remain vacant for a period to exceed thirty (30) days.

Should positions remain vacant for a period to exceed thirty (30) days, liquidated damages may be assessed pursuant to Section 2.

The Food Service Director shall have the full authority to work with designated representatives of HSC. The Food Service Director shall have a demonstrated proficiency with maintaining a sanitary food service operation, menu development, internal accounting and controls, financial management, and personnel management and supervision. Candidates with a college degree and experience in correctional, healthcare and/or institutional food services in increasingly responsible positions are desired.

The Food Service Director shall be certified/licensed as a food service manager in any facility requiring a certification or licensure for operation of said food service. The Food Service Director shall make at least monthly inspections of food delivery sites to ensure standards are being met.

These inspections shall be documented for quality control purposes.

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4.2.3 REGISTERED DIETICIANS

HSC is a Medicare/Medicaid certified state facility and is surveyed annually by the South Dakota Department of Health. HSC requires two (2) Registered Dieticians (RD) that meet state and federal requirements. One RD must be solely assigned to the nursing home unit and the other RD to the general facility population and menu planning/regulating. The RD shall visit each facility not less than quarterly for quality control and adherence to standards. These visits shall be documented and a written report issued to the recipient institution.

HSC may, at its option, employ one or both of the RDs that would otherwise be provided by the Contractor. In this case, HSC will assume all responsibilities and obligations for employing the RDs as well as the work output. If this option is exercised, the price per meal will be reduced by the annual salary and benefit costs for the state to employ the RD(s), using the state salary range and benefits costs, divided by the number of meals served in the prior year.

4.2.4 HEADQUARTERS MANAGEMENT STAFF

The Contractor shall identify headquarters management staff by name that shall routinely review and inspect operations, fill staff vacancies, consult with HSC on current and future food service programs, and act with full authority on the Contractor’s behalf in all matters pertaining to the specifications of the contract.

4.2.5 TRAINING GUIDELINES

The Contractor shall provide HSC with the training guidelines that will be utilized for each employee classification and offenders (if applicable). Prior to assuming their normal food service duties, all employees of the Contractor must complete the training required by HSC that is pertinent to food service personnel.

4.2.6 BACKGROUND INVESTIGATIONS

Background investigations will be required on all new Contractor employees prior to their assignment at HSC. The background investigation may be conducted by HSC and the Contractor will be responsible for reimbursing HSC for the cost.

The Contractor must provide a list of new employees at least one week prior to their start date to allow time for a background investigation. The Contractor shall share the results of any company background investigation with designated HSC staff prior to assignment at HSC. HSC reserves the right to deny a Contractor employee access to the premises based on the information from the background investigation. HSC also reserves the right to deny an existing Contractor employee access to the premises for safety or security reasons; or for the good order of the facility, based on subsequent information obtained from any source.

The State requires any person who has access to production Personally Identifiable Information (PII), data protected under the Family Educational Rights and Privacy Act (FERPA), Protected Health Information (PHI), Federal Tax Information (FTI), any information defined under state statute as confidential or have access to secure facilities will have fingerprint-based background checks. These background checks will be used to check the criminal history records of the State as well as the Federal Bureau of Investigation’s records. This requirement will extend to include any of the Contractor’s subcontractors, agents, assigns, and affiliated entities’ employees.

4.2.7 STAFFING PLAN

Contractor staff shall be on duty pursuant to an agreed-upon staffing plan. The staffing plan must be broken out by week and month. Deviations from the staffing plan will require written notification to HSC and are subject to HSC approval. The staffing plan must specify whether the Contractor will use their own staff only or a combination of their own staff and offender labor, and must state the number of contract staff and offender laborers (if applicable). Failure to meet the staffing plan could result in liquidated damages.

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4.2.8 USE OF OFFENDER LABOR

The State will make available a minimum of twenty-five (25) minimum custody offenders per AM and PM shifts to the food service department at an hourly rate equal to the state minimum wage of $11.20 per hour effective January 1, 2024. The Contractor understands they accept the cost for any increase in the minimum wage and may not increase their prices to cover the cost of a minimum wage increase. The Contractor shall specify in the proposal the amount of minimum custody offender labor required, if any. The Contractor shall be billed for the cost of offender labor by the South Dakota Department of Corrections and will remit payment to them.

If minimum custody prison labor is utilized, the Contractor shall assign at least one (1) full time staff member for every ten (10) minimum custody offender laborers to ensure adequate supervision at HSC. In addition, a minimum of two (2) Contractor staff are required to be present in each work area where the Contractor uses minimum custody offender laborers. HSC and the Contractor will agree upon the work areas requiring two (2) contractor staff. Offenders are not permitted to supervise other offenders.

If minimum custody prison labor is utilized, the Contractor shall interview and select the most qualified offender laborers from a pool of individuals referred by the YMC. Offender training in food service delivery and management shall be provided by the Contractor. The proposal shall outline what the training will entail as part of the Contractor’s overall offender training program.

Training should result in the provision of a certificate of completion to offenders. The Department of Corrections will provide training, at least annually, to the Contractor’s employees on working with offenders.

4.3 PROVISION OF MEALS

4.3.1 HSC DAYS OF OPERATION

HSC operates twenty-four (24) hours a day, every day of the year, including weekends and holidays. The Contractor shall demonstrate they can provide meals every day HSC is in operation, to include an emergency meal plan in the event of a catastrophic event that disrupts regular meal service for a minimum period of ninety-six (96) hours.

4.3.2 FREQUENCY OF MEALS

The Contractor shall provide meals at least three (3) times per day with a minimum of two (2) hot meals per day. Regular mealtimes will be established with no more than fourteen (14) hours between the evening meal and the following day’s breakfast meal.

4.3.3 MEAL SCHEDULE AND SERVICE TIMES

The Contractor must develop a meal schedule specific to the needs of HSC, although the meal schedule can be mutually agreed upon by both the Contractor and HSC. Meal service times shall be reviewed and approved at least annually by HSC. The Contractor is responsible to have meals ready to service during those times.

4.3.4 SERVING MEALS

Food for HSC patients is prepared and trayed at a central production kitchen which is part of the HSC building. The majority of patients eat on their respective treatment units. Food carts are loaded and delivered to treatment units located throughout the HSC building. The Contractor is responsible for ensuring offenders, if applicable, delivering meals in food carts are supervised and neither Contractor staff nor offenders can enter a treatment unit. Some patients pick up their meals in a tray line, with the number varying daily depending on patient privileges.

Offenders may be served meals in a tray line or may be provided servings handed out in individual containers (except those receiving a sack lunch) in the YMC building on the grounds of

HSC.

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4.3.5 REQUISITION OF FOOD SUPPLIES BY AREA

Each treatment area can requisition bulk food supplies for snacks on a weekly basis. Snacks should be balanced between fresh fruits/vegetables and whole grain items as well as more traditional snack items.

Each treatment area can requisition supplies for one “unit meal” per month. In this circumstance, the supplies are provided by the Contractor and HSC staff are responsible for food preparation.

Likewise, each treatment area can requisition supplies for one baking group per month and one special event per month. The supplies are provided by the Contractor and HSC staff are responsible for food preparation.

The Activity Center may have one large group activity per month. The Contractor is expected to provide cake, cookies, etc. for this activity.

The Life Skills Program is provided food in bulk Monday thru Friday for two (2) groups at noon.

The supplies are provided by the Contractor and HSC staff coordinates food preparation.

Occupational Therapy is allowed food for therapy five (5) days a week.

4.3.6 SACK LUNCHES

The Contractor must provide a sack lunch to offenders and/or patients who miss a regularly scheduled meal through no fault of their own. The sack lunch shall meet the nutritional needs of the offenders/patients and may be based on a physician’s order if appropriate.

4.3.7 SNACKS AND NUTRITIONAL SUPPLEMENTS

The Contractor shall provide snacks and nutritional supplements as required by HSC. The cost of the snacks and nutritional supplements will be billed to HSC at the invoiced cost to the Contractor, excluding overhead and administrative costs.

4.3.8 MENU CYCLE

Meals shall follow a menu cycle pre-approved by the HSC Administrator or designee with a minimum cycle length of three (3) weeks. Menu cycles shall be changed a minimum of two (2) times per year.

4.3.9 GENERAL CALORIC BASE

The menu at HSC will have a general caloric base of 2200-2400 calories per day.

4.3.10 THERAPEUTIC DIETS AND SPECIAL CIRCUMSTANCES

Most patients and offenders receive regular diets; however, some patients and offenders receive therapeutic diets and on occasion HSC may have a patient who receives tube feedings. The Offeror must demonstrate the ability to meet the therapeutic diet needs and special feeding needs.

A. HSC therapeutic diets. Therapeutic modifications include, but are not limited to:

1. Low sodium – 3-5 gm and 2 gm

2. Protein controlled – 60 gm, 50 gm, 40 gm

3. Low fat/low cholesterol – Step 2

4. High protein – additional servings of meat/shake supplement/milk

5. Diabetic

6. Soft (Mechanical)

7. Renal

B. Offender therapeutic diets.

1. Diabetic Diet (standard 2,200 calories) (doctor can write order for more or less calories)

2. Heart Healthy (combined this with 2-gram sodium)

3. Bland

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4. Lactose Intolerance Diet

5. Medical Vegetarian/Meat Allergy Diet

6. Gluten Intolerance Diet

7. Kosher Diet

8. High Fiber Diet (new diet added in replacement of Bran Flakes)

9. Low Potassium Diet (new diet added)

C. The Contractor can expect the following consistency modifications will be needed for some patients and offenders:

1. Regular/whole

2. Ground Meat

3. Pureed

4. Soft

5. Thickened Liquids

D. The Contractor should expect the following circumstances for some patients and offenders:

1. High fiber – All diets should include 25-35 gm

2. Food allergies

3. Early/late trays

4. Full liquid trays

5. Clear liquid trays

6. Tube feedings

7. Fluid restrictions

8. Six small meals

9. Vegetarian – provide a non-meat substitute (usually peanut butter or cheese)

10. Double portions

4.3.11 MEDICAL DIRECTIVES AND/OR RELIGIOUS REQUIREMENTS

The Contractor will comply with patient dietary requirements that are based on medical directives or religious requirements when a special diet is a basic tenet of a truly held religious belief. The Offeror must ulitize foodservice software compatible for industry standard bidirectional interface for receiving and updating patient dietary orders from facility electronic health records and outline their timeframe for implementation in their response.

Food substitutions must be available to accommodate food avoidances due to religious beliefs/practices/observances and patient likes/dislikes in compliance with Medicare/Medicaid standards. Vegetarian food substitutions may be needed. Food allergies must also be accommodated and a substitution provided.

The Contractor is liable for any and all expenses related to the physical harm caused to a patient through exposure to a menu item that caused an illness to the patient; e.g. the contractor is liable for the medical bill if a patient was served food that he/she was known to be allergic to and had to be hospitalized or taken to a clinic. Multiple errors in providing special diet meals may result in termination of the contract.

4.3.12 HOLIDAY AND SPECIAL MEALS

A minimum of eight (8) holiday or special meals shall be served each year. Three sample holiday meal menus shall be submitted with the proposal. Holiday meals shall be consistent with traditional meals prepared during each holiday and shall be approved by the HSC Administrator or designee prior to the menu cycle in which the holiday falls. Additional holiday or special meals may be requested by HSC and shall be determined by agreement of HSC and the Contractor. The eight holiday meals are: New Year’s Eve/Day, Easter, Cinco De Mayo, 4th of July, Labor Day, Native American Day, Thanksgiving and Christmas Day. Holiday and special meals shall be priced at the same amount as regular scheduled meals.

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In addition, an All-HSC picnic may be scheduled each summer (usually in June) for staff and patients and a Super Bowl Meal for residents in either January or February. For billing purposes, the Contractor shall not count holiday and special meals over and above the number of meals normally served to patients and offenders at any other time.

4.3.13 MENU PLANNING

All menus must be approved by the HSC Administrator or designee prior to implementation.

Menus shall be planned in accordance with the National Research Council's Recommended Dietary Allowances (RDA) to meet the nutritional needs of patients and/or offenders.

The Dietary Guidelines for Americans 2020-2025 and the USDA MyPlate Guide shall serve as a basis for all menu planning to assure a variety of foods, maintenance or improvement of weight, adequate sources of essential nutrients and fiber, and appropriate amounts of fat, cholesterol, sugar, and salt/sodium. Menus will be endorsed and signd by a Registered Dietician.

The HSC menu shall be planned with HSC tested products and recipes for patient and offender acceptability. A variety of food flavors, textures, temperatures, and appearances shall be used.

The Contractor shall obtain input and approval of menus from the HSC Administrator or designee.

Approved HSC menus shall be prepared as approved by HSC, i.e. if the menu calls for pure ground beef, it must be used unless a dietary substitute is requested or required by a patient or offender.

The Contractor shall include in the proposal a method to monitor patient and offender preferences and to make acceptable adjustments. A sample meal quality assurance assessment form shall be submitted.

The Contractor will provide an “always available” menu for all HSC meals. This is to allow for patient accommodation of meal preference or refusal. Patients wanting a meal from the “always available” menu shall choose their meal option at least 24 hours prior to the scheduled mealtime.

Meal choices will be of equal nutritional value for all dietary needs.

The Contractor is required to utilize a menu planning software product that is compatible with the HSC food service operations to meet the demands of the patients and offenders served. The dietary software used by Contractor must have capability of interfacing with HSC’s electronic health record, MyAvatar by Netsmart. The Contractor will be responsible for the costs to interface with MyAvatar and provide technical project management to work with Netsmart to establish that interface. The interface must be implemented no later than six (6) months after the contract start date.

The menus will be reviewed and approved, in writing, by a Registered Dietitian who is licensed by the State of South Dakota (or independently contracted with the Contractor) to ensure compliance with all the regulations mentioned in this RFP and RDAs for age and gender of all groups.

The Department of Corrections requires milk to be served at two meals (breakfast and lunch) each day for offenders under the age of 21 and one meal per day for offenders over 21.

4.3.14 NUTRIENT ANALYSIS

A nutrient analysis shall be submitted and maintained to ensure that the RDAs are being met for all patients and offenders. Minimum nutrients to be analyzed include protein, vitamin A, vitamin C, iron, calcium, total fat, saturated fat, cholesterol, dietary fiber, and total calories. Analysis of all menu items and foods offered in the menu shall be calculated as a weekly average.

4.3.15 RECIPES AND PRODUCTION

Standardized recipes and portion control shall be submitted and followed for all food preparation

RFP #9391 FOOD SERVICE REQUEST FOR PROPOSAL Page 14 of 86 to ensure medical nutrition therapy, nutritional adequacy, and nutrient requirements. All recipes and production directions shall be in writing and followed implicitly to assure consistency of taste and quality in food products served.

Production such as grilling, French frying, steam cooking, etc., of items shall be continuous through each meal period with large quantities prepared as close as possible to the time they will be served, while still maintaining quality and adequate stock to avoid delay in service. The Contractor shall ensure preparation of a sufficient quantity of food to meet the daily population estimates.

HSC shall have free access to all records of recipes, production sheets, product specifications, and quantities of food issued.

4.3.16 DOCUMENTATION OF MEALS SERVED

Documentation of all meals served, including substitutions, shall be maintained. A written method for food substitutions shall be maintained and shall be reviewed by a Registered Dietitian who is licensed in South Dakota to assure nutrient content of substituted foods is comparable.

4.3.17 SUPERVISION OF MEAL PREPARATION AND SERVICE

All meal preparation and service shall be supervised by a qualified Food Service Director as described in this RFP to ensure quality, sanitation, texture, consistency, appearance, therapeutic modifications, and temperatures are adequate and maintained throughout preparation, service and delivery of food.

4.3.18 EMPLOYEE AND VISITOR MEALS

The Contractor shall make employee and visitor meals available and must set a cost per meal.

The Contractor will be responsible for establishing and maintaining a system for collection of money for employee/visitor meals. The revenue derived from the employee and visitor meals should offset the cost per meal to the HSC.

4.3.19 QUALITY ASSURANCE PLAN

The Contractor shall provide a written quality assurance plan that describes the complaint resolution process in place for addressing complaints from patients and offenders, and clearly describes how the Contractor will ensure the quality of the products and services being provided. The Contractor will participate in monthly dietary meetings with the HSC Administrator and other HSC staff for the purpose of reviewing and addressing compliance and quality issues.

4.3.20 SNACK SHOP

The Snack Shop is located in the food service building and shall include a menu of hot and cold items and beverages for sale. It is utilized by patients, families, and employees for meal breaks and/or to purchase snack items. The Snack Shop consists of the following:

A. Snack Shop kitchen facilities – 2,200 sq. ft.

B. Dining Area – 2,000 sq. ft.

HSC may negotiate with the Contracter for the operation of the Snack Shop if it is not operated soley by HSC staff and patient resources. Offerer shall indicate in their response if they prefer to operate the Snack Shop themselves and if so, the amount of offender labor and/or patient resources they would utilize as permitted in this section (4.3.20). Depending on negotiations, HSC may opt to use its own staff and patient resources for the operation of the Snack Shop.

HSC staff will supervise patients working in the Snack Shop. HSC is responsible for the expenses of the Snack Shop and will collect any revenue derived from sales. The menu, and any menu changes, must be approved by HSC.

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Offenders from the YMC may be utilized for food preparation and cleaning at the Snack Shop.

Offenders will NOT be used to staff the food service counter or to staff the cash register.

Offenders may be used in the kitchen area or the service area when adolescent patients from HSC are working in the Snack Shop only if an HSC staff person is also present in the Snack Shop to supervise.

4.3.21 VENDING MACHINES

The Offeror has the option to include the operation of snack and/or soda vending machines throughout HSC in their response. HSC will not purchase, lease or be responsible for the maintenance of the vending machines. The Offeror will be responsible for refunding the consumer if the vending machines malfunction or a product dispensed from the vending machines cannot be consumed because of quality issues. If the Offeror chooses to include operation of vending machines in their response, they shall include the number of machines to be placed throughout HSC, the products they plan to provide and the planned cost of the products to consumers (patients, offenders, staff, visitors, etc.). HSC does not permit products with caffeine or peanuts within areas accessed by patients. HSC reserves the right to limit future price increases to the consumer. The Offeror shall also include any revenue sharing with HSC by percentage of sales.

The Offeror is not obligated to include the operation of snack and/or soda machines throughout HSC in their response but shall specifically decline such service in their response. The Offeror understands that if they decline to include the operation of snack and/or soda machines in their response, another vendor may be procured to operate the snack and/or soda vending machines throughout HSC.

Please note: YMC vending machines are not a part of this RFP because they are managed independently.

4.4 PROCUREMENT OF FOOD AND DIRECT SUPPLIES

4.4.1 Procurement Practices/Procedures

The Contractor shall maintain strict procurement practices/procedures throughout the entire process of purchasing, receiving, storing, and inventorying food and direct supplies. The Contractor shall pay for all food and direct supplies related to food production, service and management, and bill HSC and/or DOC as appropriate within the terms of this RFP or future contract.

4.4.2 Minimum Standards for Grades

The Contractor shall demonstrate their ability to purchase food and supplies that conform with the specified minimum U.S. Standards for Grades. In the absence of grade labeling, the Contractor must be able to provide HSC with packers’ labeling codes or industry accepted grade equivalent standards to verify the minimum grades specified are being used.

For HSC meals, grade minimum for food items shall be as follows:

A. Meat: USDA No. 1 or choice, cut to IMP specifications. Please note South Dakota forbids the use of any imported beef in State institutions.

B. Seafood: U.S. Grade A, certified.

C. Poultry: U.S. Grade A.

D. Eggs: U.S. Grade A medium size.

E. Pure ground beef: USDA utility or better, not to exceed 18% to 22% fat.

F. Fresh fruits and vegetables: USDA Grade A.

G. Canned fruits, vegetables and juices: USDA Grade A.

H. Frozen fruits, vegetables and juices: USDA Grade A.

I. Dairy products, cheese: USDA Grade A.

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These grades are intended as minimum standards only and the Contractor is encouraged to exceed these minimums whenever possible. All other food stuffs not included in the above categories shall be of comparable quality.

Ground beef patties may contain a maximum fat content of the finished raw patty of 18% to 22%.

All menu items prefabricated, produced by others or processed by the Contractor containing soy protein derivatives or poultry analogues shall be approved by HSC prior to service.

4.4.3 Donated Food Items

The Contractor may use donated food items when available, wholesome and appropriate for menu purposes. The Contractor reserves the right to refuse acceptance of any such donated items that are contaminated or in excessive amounts. The Contractor must property handle, store and prepare all donated food items.

4.5 CLEANLINESS, SANITATION AND SAFETY REQUIREMENTS

4.5.1 GENERAL REQUIREMENTS

The Contractor shall show a history of adhering to the highest standards of cleanliness, sanitary and safety practices. The Contractor shall provide required/regular housekeeping, maintenance and sanitation service on the equipment and supplies for all food service equipment and areas.

This shall include, but not be limited to, production areas, serving kitchens, refrigerators, freezers, storage areas, and dining and service areas regularly used by food service as well as areas temporarily assigned for food service.

4.5.2 CLEANLINESS REQUIREMENTS

The Contractor is responsible for cleaning of hood ducts, plenums and related vents and fans.

The Contractor shall be responsible for routine cleaning and maintenance of hoods and filters.

Cleaning and maintenance shall be performed at least semi-annually.

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