RFP FNW 22 23 49 CHILD NUTRITION PROGRAM ADMINISTRATIVE REVIEWS.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Request for Proposal (RFP) No: RFP FNW 22 23 49

Child Nutrition Program Administrative Reviews

Michelle O. Faircloth, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services, Division of Food, Nutrition and Wellness (FNW, FDACS or Department) issues this Request for Proposal (RFP) for a qualified vendor to conduct Child Nutrition Program Administrative Reviews as required by the FDACS and United States Department of Agriculture (USDA). This Request for Proposal and all activities leading toward the anticipated issuance of the Purchase Order(s) are conducted pursuant to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors/Contractors interested in submitting a proposal must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Request for Proposal unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of RFP November 10, 2022 Vendor Information Portal

Last day for written Inquiries to be received by the Department. No questions will be accepted after this date.

November 17, 2022

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

November 18, 2022

Vendor Information Portal

Sealed Proposals Due

December 08, 2022

5:00 PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Proposals

December 09, 2022

10:00 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Evaluation Phase (Anticipated)

Notice of Agency Decision/ Intent to Award

(Anticipated)

December 20, 2023 Vendor Information Portal

Anticipated Contract Start Date

January 02, 2023 https://www.myflorida.com/apps/vbs/vbs_www.main_menu mailto:Bids@FDACS.gov https://www.myflorida.com/apps/vbs/vbs_www.main_menu https://www.myflorida.com/apps/vbs/vbs_www.main_menu

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all RFP, Public Notice information in accordance with Rule 28-102.001, Florida Administrative Code (F.A.C.)

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to submissions to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this RFP indicates a requirement from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantial accord with the RFP requirements, provides an advantage to one respondent over other respondents or has potentially significant effect on the quantity or quality of service. Material deviations cannot be waived. The words “should” or “may” in this RFP indicate desirable attributes or conditions but are permissive in nature.

Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Proposal.

1.6 Conflicts and Order(s) of Precedence

The following documents are incorporated into and made a part of this RFP and all proposals are subject to the terms of the following, which in case of conflict shall have the following order of precedence:

a. Any addenda, in reverse order of issuance

b. This RFP, including attachments

c. PUR 1000, General Contract Conditions

(https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_ Conditions.pdf)

d. PUR 1001, General Instructions to Respondents (https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions _to_Respondents.pdf)

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Overview

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Division of Food, Nutrition and Wellness (FNW) issues this Request for Proposal (RFP) to establish a contractual https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf services agreement with a qualified vendor to conduct Administrative Reviews (ARs) as required by FDACS and the United States Department of Agriculture (USDA). The Contractor will be required to conduct complete ARs, including communication with FDACS and School Food Authorities (SFAs), off-site reviews, onsite reviews, post review activities, closing of reviews, correspondence with FDACS and SFAs, data entry into FDACS’ Florida Automated Nutrition System (FANS), and all other associated work for an AR, including gathering and reporting pertinent information to FDACS. It is anticipated that the Contractor will conduct up to approximately 150 National School Lunch Program (NSLP) ARs during the 2022-2023 program year ending June 30, 2023. The Respondent must designate an assigned project manager for the ARs, and the same project manager will be dedicated to the effort for the entire contract period to ensure consistency in the performance of ARs. The Contractor and the project manager must ensure all timelines are met as outlined by FDACS and must be able to manage numerous tasks simultaneously. The Contractor must be able to work under pressure and meet tight deadlines. Subject to the mutual agreement of FDACS and Contractor, this contract is renewable for three years and approximately 150 ARs each program year.

2.2 Background

The United States Department of Agriculture (USDA) requires state agencies administering federal child nutrition programs to conduct ARs of all SFAs pursuant to 7 CFR §§ 210.3 (b) and 210.18, during a four-year cycle. School Food Authorities include school districts, private schools, residential care facilities, charter schools, and camps. FDACS is seeking services to assist in conducting approximately 150 ARs during the 2022-2023 program year and each program year thereafter for three years.

2.3 Scope of Work and Deliverables

FDACS is seeking a Contractor to conduct Administrative Reviews as required by FDACS and USDA.

Administrative Reviews are the comprehensive off-site and on-site evaluation of all School Food Authority (SFAs) participating in the Program. The Contractor will be required to conduct complete ARs, including communication with FDACS and School Food Authorities (SFAs), off-site reviews, onsite reviews, post review activities, closing of reviews, correspondence with FDACS and SFAs, data entry into FDACS’ Florida Automated Nutrition System (FANS), involvement in appeals (if applicable), and all other associated work for an AR, including gathering and reporting pertinent information to FDACS and USDA (See Appendix I – 2022-2023 NSLP SMAR Schedule). The AR may be conducted virtually, in-person, or a combination of the two depending on the direction of USDA and FDACS. It is anticipated that the Contractor will conduct approximately 150 National School Lunch Program (NSLP) ARs during the 2022-2023 program year ending June 30, 2023. The Respondent must designate an assigned Project Manager (PM) for the ARs, and the same project manager will be dedicated to the effort for the entire contract period to ensure consistency in the performance of ARs. The Contractor and the project manager must ensure all timelines are met as outlined by FDACS and must be able to manage numerous tasks simultaneously. The Contractor must be able to work under pressure and meet tight deadlines.

Contractor shall utilize the FDACS Administrative Review Tools as directed by the FNW. These Administrative Review Tools are available for examination at: Vendors / National School Lunch Program / Nutrition Programs / Food & Nutrition / Home - Florida Department of Agriculture & Consumer Services (fdacs.gov)

2.4 Minimum Deliverables

A. During the term of the agreement, the Contractor shall provide at a minimum:

1. No later than thirty (30) calendar days after the effective date of the contract, the vendor shall prepare and submit to FDACS a written plan documenting the process for conducting https://www.fdacs.gov/Food-Nutrition/Nutrition-Programs/National-School-Lunch-Program/Vendors https://www.fdacs.gov/Food-Nutrition/Nutrition-Programs/National-School-Lunch-Program/Vendors https://www.fdacs.gov/Food-Nutrition/Nutrition-Programs/National-School-Lunch-Program/Vendors administrative reviews.

2. Provide a specific project manager in which to address issues.

3. Vendor staff shall supply their own PC-based computer running Windows operating system that is capable of running the Florida Automated Nutrition System (FANS), Adobe and Microsoft Office suite of products (Word, Excel, PowerPoint, etc.).

4. As reviews will be conducted in areas with limited or no internet access, the vendor shall provide wireless access to transfer review information as well as maintain email access of vendor staff to FDACS whenever feasible.

5. The vendor shall become knowledgeable and follow applicable Florida Statutes including Chapter 119 Florida Public Records law, FDACS policies, directives and interpretation of state and Federal policies, guidelines and regulations. The vendor shall be expected to communicate these to the sponsors.

6. The vendor shall maintain a current working knowledge and follow USDA policies and regulations.

7. The vendor shall be professional and courteous in their interactions with FDACS and sponsors.

8. Timely response to emails and phone calls shall be provided within the next business day.

9. Submitted work products shall be clean, legible, neat and free of grammatical, factual, and mathematical errors. Any costs associated with re-work shall be borne by the vendor without charge to FDACS to bring the work product to an acceptable standard.

10. The vendor shall have a quality assurance and review process in place prior to submission of work products to ensure its accuracy and completeness. The vendor shall be responsible for incorporating recommendations and suggestions from FDACS to ensure the quality of its work products.

11. Conduct an administrative review for sponsors on the administrative review cycle (See 2022- 2023 Administrative Review Cycle) designated by FDACS. Reviewers assigned by the vendor must conduct administrative reviews in compliance with 7 CFR Part 210.

12. Site information must be verified in FANS, prior to visiting the site, to ensure site operation details have not changed. The Department will train the selected vendor on how to access and navigate FANS.

13. Vendor will need to provide a minimum weekly status meeting between the vendor and FDACS staff. These management meetings shall include review of the current work plan and provide an opportunity to discuss task implementation and status. Management meetings shall include a report of activities completed during the week. The reports shall provide a list of significant operational problems needing corrective action and a recommendation for corrective action.

14. Availability for Ad Hoc Meetings – Vendor shall be available for ad hoc meetings to address concerns and issues that merit action by the vendor. The vendor shall provide the appropriate personnel (or their designees) to address the issue and progress toward resolution.

15. Progress Report Format - All progress reports shall be submitted in a format and layout approved by FDACS in Microsoft Word or Microsoft Excel via email.

16. Maintain the books, records and documents in support of the work performed and the money received under this contract for a period of the current year plus three years from the date of final payment. All records shall be subject to audit at any time, upon reasonable notice, by FDACS or its duly appointed representative. The records shall be maintained in accordance with generally accepted accounting principles.

17. Ensure all Deliverables are provided in accordance with the Schedule of Deliverables (Table A).

B. Administrative Review Process

1. Entrance Conference: The initial meeting between the Contractor and the SFA to discuss pre-review and review content and post-review procedures.

2. Off-Site Review: The portion of the review when the Contractor shall record information in the

Off-site Assessment Tool by collecting information from the SFA.

3. On-Site Review: The portion of the administrative review is intended to validate the information collected on the Off-site Assessment Tool and provide an opportunity for the Contractor to observe the operation of the school nutrition programs at the SFA and in selected schools. The Contractor documents its findings on the On-site Assessment Tool on behalf of the FDACS.

Contractors will be eligible to submit an invoice for 50% of the Administrative Review fee upon successful completion of the Entrance Conference. Payment of invoice is contingent upon approval by the Department as noted in the draft Contractual Service Agreement (Attachment G).

Table A - Schedule of Deliverables

DELIVERABLE TASK DUE DATE SUBMIT TO:

Training Meeting/Training virtual with Project Director

30 calendar days after contract signed Project Manager

Administrative Review Report

Reports associated with all ARs should be sent to the

Supervisor within 10 calendar days of the Exit Conference unless there are extenuating circumstances

10 calendar days after the Exit Conference is conducted

Contracting Entity within Share Point

Corrective Action Plan

Corrective Action Plan(s) should be reviewed and approved within 30 calendar days of the Sponsor’s receipt of the report unless there are extenuating circumstances

30 calendar days of the sponsor’s submittal in

Share Point.

Results communicated to PM

Closing of Administrative Review

The closing of the Administrative Review must be within 20 calendar days of the approval of the Corrective Action Plan unless there are extenuating circumstances

20 calendar days of the approval of the Corrective

Action Plan

Results communicated to PM

Administrative Reviews

Administrative Reviews (off-site and onsite activities) assigned must be completed by June 30, 2023

June 30, 2023 Results communicated to PM

Administrative Reviews

Administrative Reviews must be closed by August 31, 2023 August 31, 2023 Results communicated to PM

Weekly meeting

Contractor must have a weekly meeting with the PM and assigned FDACS team to discuss the Administrative

Reviews and status

Weekly Project Manager

2.5 Contractor Responsibilities and Requirements

1. Conduct all ARs in their entirety.

a. FDACS will assign the contractor their AR work schedule.

2. Conduct ARs of NSLP, SBP, ASP, FFVP, SMP, CEP and Special Provision Sponsors.

3. Complete the ARs as described in the Statement of work.

a. The Contractor must ensure all rules and regulations are met with the review and completion of

AR.

b. The deadline for completion of the ARs is June 30, 2023.

4. Ensure all associated AR data are in Share Point including correspondence, communications, off-site review activities, on-site review activities, development of corrective action documents, and activities pertaining to the closing of the AR.

5. Contractor and its employees must successfully complete FDACS-conducted training prior to starting ARs.

6. Attend training session(s) provided by State Agency concerning the AR and computer system requirements.

a. Contractor will complete training conducted by the department via web meetings in which the Contractor must have computer/camera/internet capability.

7. Conduct ARs in full compliance with applicable law, including relevant USDA and FDACS regulations.

8. Meet the minimum number of schools to review in accordance with 7 CFR 210.18(e).

9. Independently complete all assigned ARs regardless of enrollment as assigned per FDACS.

10. Contractor and FDACS PM will agree on dates and schedule before ARs begin.

11. Determine Sponsor compliance of each program with all federal and state laws, regulations, and policies pertaining to NSLP, SBP, ASP, FFVP, SMP, CEP, and Special Provisions.

12. Provide in-person testimony and assist with administrative appeals arising out of ARs conducted, completed, or staffed, even in part, by Contractor.

a. Assist with administrative appeals as requested by FDACS for ARs conducted during the 2022-

23 program year and subsequent years, as requested by FDACS.

b. Contractor’s employees, upon FDACS’s request, must be able to travel overnight on less than seven (7) calendar days’ notice to Tallahassee, Florida, to assist with and testify at an administrative appeal arising out of an AR, and remain in Tallahassee, Florida, to assist with and testify at such administrative appeal from day to day until the appeal is concluded and all witnesses are excused from attendance. The need and duration for such testimony shall be subject to the sole and absolute discretion of the administrative law judge or administrative review official presiding over the appeal.

c. FDACS will work to minimize the disruption to staff schedule.

13. Conduct entrance and exit conferences with the Sponsor’s superintendent, designee, or other appropriate official at the Sponsor location.

14. Provide documentation of entrance and exit conferences.

15. Complete and provide the Sponsor with an AR Preliminary Findings according to the FDACS process at each exit conference.

16. Complete Administrative Review Report 10 calendar days after the Exit Conference.

17. Properly document all sections of the review in the computer system concerning the ARs conducted by Contractor.

a. Ensure closure of AR within 30 days of the Corrective Action Document (CAD) acceptance by the Contractor.

b. Documentation must meet all USDA and FDACS requirements (FDACS will provide training on

FDACS requirements).

i The Contractor must conduct quality assurance checks on all ARs before submission to

FDACS.

ii Expectations of quality assurance will be provided in the training provided by FDACS.

c. Quality assurance and quality control checks will be performed by FDACS’s PM to ensure documentation is acceptable.

18. Complete all Corrective Action Documents (CAD) and upload into Share Point.

a. Review all documents and responses submitted in connection with a CAD and determine compliance with applicable federal and state regulations and guidance.

https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-D/section-210.18

b. Follow FDACS’s policies and procedures in relation to CAD review, completion, denial, issuance of additional CADs, or acceptance.

19. Contractor must provide:

a. Weekly status reports (written and statistical) to FDACS concerning work performed, as well as projected dates of completion for off-site reviews, on-site reviews, post review activities, correspondence, closure, and problematic ARs.

b. On a weekly basis, the Contractor must provide a list of ARs performed and a summary of findings for each AR. In addition, Contractor must highlight ARs that will require a Comprehensive Financial Review, financial action reviews, or any unresolved issues as requested by the FDACS

PM.

c. On a weekly basis, the Contractor must provide a list of completed ARs that did not result in any findings and complete the appropriate templates/correspondence to be sent to the sponsors.

20. All Contractor staff will display excellent customer service skills.

a. All Contractor staff will be professional while interacting with all internal and external customers.

21. Contractor must provide all necessary electronic equipment (i.e., computers) for its staff to perform their responsibilities as described in the Statement of Work.

22. Contractor staff must ensure confidentiality of all information obtained during ARs.

23. Contractor must demonstrate proficiency (as per the FDACS PM) in the AR process prior to closing the first AR.

24. Contractor will prepare and submit accurate invoices for work performed and upon completion of the

Entrance Conference and completion of post-AR activities.

2.6 Contractor Minimum Qualifications (See section 4.1 below for proposal format)

1. This RFP provides an outline of the project and service specifications and requires that all

Respondents provide information about their organization’s viability, experience, and capability to successfully perform and to provide the requested services according to the following specifications, deliverables, and other requirements.

2. The Contractor must be experienced with reviews for the programs listed in this RFP. The AR is a comprehensive evaluation of meals programs for participating in federal nutrition programs. Areas of review include but not limited to:

a. Critical areas of review

b. Meal access and reimbursement

c. Resource management/Financial management

d. General program compliance

e. Other federal program monitoring as applicable, such as:

i. Special Milk Program

ii. Afterschool Snack Program

iii. Fresh Fruit and Vegetable Program

iv. Seamless Summer Option

3. The Respondent must have three-year minimum experience conducting National School Lunch Program (NSLP), School Breakfast Program (SBP), Afterschool Snack Program (ASP), Fresh Fruit and Vegetable Program (FFVP), grant management, Special Milk Program (SMP), Seamless Summer Option (SSO), Community Eligibility Provision (CEP) and Special Provisions ARs.

Including Food Service Management Company (FSMC) Contracts used in NSLP.

4. Provide a dedicated PM to oversee Contractor staff conducting ARs.

a. Provide background and knowledge of the AR and USDA rules and regulations as related to the programs listed above

b. Provide name and title, resumes, contact information

c. Provide location and availability

d. FDACS has the discretion to approve or deny the proposed PM and request an alternate.

e. If there is turnover in this position, FDACS must approve the new PM. The Contractor must be able to meet tight deadlines.

5. Outline the staff required to complete approximately 150 ARs in Florida within the contract period.

Respondent’s staff must be able and available to travel throughout the state of Florida to conduct and complete the offsite and onsite portions of the AR and/or conduct ARs virtually. Must provide name, titles and resume and contact information.

6. All Respondent staff must have documented experience with and demonstrate knowledge of (by inclusion of staff resumes with its proposal) all USDA and Florida rules, regulations, and guidance as it relates to the NSLP, SBP, ASP, SMP, SSO, FFVP, and Special Provisions.

7. All Respondent staff will be required to pass a background check.

8. Provide three References detailing experiences in completing Administrative Reviews for Child

Nutrition Programs.

2.7 Initial Term

The anticipated term of the contract shall be effective from January 2023 through August 31, 2023. This contract may be renewed by mutual agreement on a yearly basis for a period of up to three (3) years after the initial contract or for a period no longer than the original contract, whichever period is longer, at the same prices, terms, and conditions.

2.8 Financial Consequence

At the discretion of the Department, if the Contractor fails to meet the minimum level of services of the contract or fails to perform all tasks within the time frame established in the contract, the Department shall reduce payment by $1,000 for each task not meeting the minimum level of services of the contract and/or not performed within the established timeframe.

SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 Advertisement

This RFP is hereby advertised on the State of Florida, Vendor Information Portal. To find the RFP or other related information, click on “Search Advertisements” at the bottom of the VIP web page and enter Organization “Department of Agriculture.” If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this RFP by reference. There is no need to return this document with the proposal.

Any terms and conditions set forth within this FDACS RFP document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this RFP stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Vendor Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Questions related to this RFP must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/.

The Procurement Officer for this RFP is:

Michelle O. Faircloth, Chief of General Services Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@fdacs.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), vendors responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), Florida Statutes.

No negotiations, decisions or actions shall be initiated or executed by the respondent as a result of any discussions with any purchaser or departmental employee. Only those communications, which are in writing from the Department's purchasing office, may be considered as a duly authorized expression on behalf of the purchaser. Also, only communications from the respondents, which are in writing and signed, will be recognized by the purchaser as duly authorized expressions on behalf of the respondent.

Any questions, correspondence or contact with the Department initiated by the respondent after the RFP opening date and prior to posting of intended award must be directed to the purchasing office, attention purchasing officer. Department personnel will not discuss proposals or proposed contract activities with the vendor during the RFP evaluation period. The Department will not accept any revisions or additions to any RFP after the proposal opening date.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the advertising period, information will be posted on the VIP as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under https://vendor.myfloridamarketplace.com/ mailto:Bids@fdacs.gov https://vendor.myfloridamarketplace.com/ subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 93151505 Administrative Agencies Services

• 84111600 Audit Services

• 93131600 Food and Nutrition Policy Planning and Programs

• 85150000 Food and Nutrition Services

• 93151607 Government Auditing Services

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist vendors with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract. This may be completed by the vendor post-award and is not something which FDACS will consider in determining the responsiveness of a proposal.

3.7 Cost of Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a vendor in response to this RFP.

3.8 Instructions for Submittal

Each proposal shall be prepared simply and economically, providing a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this RFP. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each proposal must be on completeness and clarity of content. In order to expedite the review, it is essential that the vendor follows the format and instructions.

1) Proposals may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of replies will not be accepted for the RFP.

2) All proposals must be submitted in a sealed envelope/package with the relevant RFP number clearly marked on the outside of the envelope/package.

3) It is the vendor’s responsibility to assure its proposal submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late proposals will not be accepted.

Submissions may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. SUBMISSIONS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com mailto:FLW9@myfloridacfo.com

3.9 Vendor Generated Terms

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Vendor including any appearing in documents attached as part of a Vendor’s response. In submitting a response, Vendor agrees that any additional or different terms or conditions, whether submitted by Vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a proposal. Vendor’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a proposal, shall be grounds for rejecting a proposal.

The contract issued by the FDACS as a result of this RFP shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Vendor unless expressly contained herein or by a written addendum submitted by FDACS to this RFP.

SECTION 4.0 REQUEST FOR PROPOSAL PROCESS

4.1 Proposal Format

The Department is accepting a combination of a physical original and digital copies of vendors’ proposals to this RFP. Respondents must submit one (1) original hardcopy (i.e., a physical hardcopy) of the proposal, one PDF digital copy on a USB flash drive in PDF with all attachments, as well as five (5) duplicate hard copies of the proposal and all attachments. Proposals shall be delivered to the Department’s purchasing office before the specified due date in a sealed package labeled with the proposer’s name and address and the RFP number. Sequentially number all pages and organize as indicated below. Emphasis of each proposal must be on completeness and clarity of content. In order to expedite the evaluation process, it is essential that proposers follow the format and instructions contained herein.

The RFP response package must include all requested forms and information. Each section should be segregated by index TAB(s) or folders labeled as such, which will include either mandatory response forms or material for weighted criteria to be scored by the appointed evaluation team. Failure to provide all of the requested information may result in disqualification of the vendor’s response, or a zero-point score for that section. The Respondent’s package should clearly identify each area, as listed below, with an index tab or other type of identification.

TAB A Vendor Acknowledgement (No Points will be awarded for Tab A)

By submission of a signature on the FDACS Acknowledgment Form, the Vendor certifies that they have read and comply with all terms and conditions contained herein. The proposal must contain the original signature of an authorized representative who can legally bind the Vendor.

The product/ services offered by the Vendor will conform to the specifications of this RFP without exception.

Vendors must include a completed and signed ATTAHCMENT A- FDACS ACKNOWLEGMENT FORM with their response to be considered.

TAB B Budget and Price Proposal (35 points maximum)

Respondent must identify all task activities and submit a corresponding budget detailing costs necessary to accomplish the services requested in this RFP. The cost proposal must combine all activities by the Contractor including travel costs. Travel will not be paid or reimbursed separately. The task activities and budget detail must be submitted in Excel compatible or Excel spreadsheet format.

Costs must be justified in terms of activities and objects of expenditure and must be reasonable (i.e., consistent with current market prices) and necessary to accomplish the work. The budget must evidence that financial resources are adequately and appropriately allocated among cost categories in a cost-effective and prudent business manner to accomplish the work. Services to be purchased from other organizations or subcontractors, including any amounts subcontracted to consultants, and others must be specified.

The Price Sheet (ATTACHMENT B) must include all costs to meet the requirements of this RFP including the scope of work, deliverables and task schedule outlined in Table A. No remuneration is available to the vendor beyond the fixed price for all specifications and considerations in response to this RFP, as outlined herein.

The Respondent shall provide a fixed unit price per category for the NSLP Administrative Reviews of each SFA in accordance with 7 CFR 210.18(e). Price categories include the minimum number of schools to review in the school food authority: Small: 1 – 2 sites to review;

Medium: 3 – 8 sites to review; and Large = 9 sites or above to review.

TAB C Contractor Experience (program knowledge and conducting ARs with the programs listed in the RFP) (25 points maximum)

The proposal must clearly detail the Contractor’s past and/or current experience with the National School Lunch Program (NSLP), School Breakfast Program (SBP), After School Care Program (ASCP), Seamless Summer Program (SSO), Special Milk Program (SMP), Fresh Fruit and Vegetable Program (FFVP), and the CACFP for At Risk Supper and Snack (At Risk) programs in schools in relation to program knowledge and conducting ARs.

Proposers shall provide a detailed narrative for at least three (3) separate customers for whom they have provided similar services within the last five (5) years.

Proposer must also provide the names, addresses, phone numbers and email contacts of the three (3) customers included in the detailed narrative on ATTACHMENT C, REFERENCES.

Respondents who do not provide at least 3 references shall be deemed as non-responsive, and their Proposal shall be rejected as such. References must be current or former clients of the proposing firm. The Department shall not accept subcontractor/proposed personnel or personal references of a member of the proposing firm as a substitute for references. Past performance with the Department shall constitute a reference and be used by the Department to determine the prospective contractor's ability to perform services similar to those described in this RFP in a satisfactory manner. Confidential clients shall not be included. It is the responsibility of the Respondent to assure that the Department can timely verify all references given.

TAB D Understanding of Project Requirements and Methodology (25 points maximum)

The proposal must communicate an understanding of the project, describe the tasks to be performed, and identify potential problems in the conduct of the project and methods to identify and solve such problems.

Respondent must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project as described in this RFP.

https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-D/section-210.18

The proposal must describe the project design, project activities, materials, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in the RFP.

TAB E Management Plan (15 points maximum)

Respondent must provide satisfactory evidence of capability to manage and coordinate the types of activities described in the RFP and to produce the specified product or service on time.

To provide information on qualifications to accomplish the described tasks, Respondents must include in this section the following information:

• Structure of Respondent’s organization.

• Adequate indication of Respondent’s ability to perform the tasks described in Section 2 of this RFP.

• All required information outlined in the Contractor Minimum Qualifications (section 2.6) to include names of staff member(s) who will direct the overall project throughout the duration of the contract, as well as those of staff members who will coordinate major activities during each phase of the contract, and time allocations that the personnel described therein will devote to fulfillment of the contract. (An appendix to the proposal must contain resumes of project staff members.) If the resumes include references, the references may be considered in the review. In addition, no employees of FDACS can be listed in the proposal as references. If the Respondent plans to use external consultants or subcontractors, Respondent must provide an organization chart indicating how it will use such staff organization and the resumes of such consultants and/or subcontractors.

TAB F Florida Preference Certifications (No points will be awarded for Tab F)

When evaluating vendor responses to solicitations where the total awarded points from two or more vendors is equal, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal proposals are received and one proposal is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Vendors must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE GIVEN

PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide ATTACHEMENT D, CERTIFICATIONOF DRUG-FREE WORKPLACE PROGRAM FORM that it has implemented a drug-free workplace program.

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Vendors must provide proof in their response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the proposal. Failure to submit proof of certification will result in non-application of the preference.

TAB G Mandatory Certifications (No points will be awarded for Tab G)

No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the vendor. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The vendor shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this RFP.

Any person submitting a proposal in response to this RFP shall be required to complete the

Conflict of Interest Statement form (ATTACHMENT E, CONFLCIT OF INTEREST STATEMENT FORM) with all information and signature of an official of proposing firm who is legally authorized to contract for the firm. The signed original of this form must be attached to the original proposal package.

Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, 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 any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the Contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your proposal to be considered responsive, ATTACHMENT F, CERTIFICATION REGARDING SCRUTINIZED COMPANIES FORM must be completed and included in your proposal package. The list of Scrutinized Companies may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.as px .The Department may immediately terminate any contract, as a result of this proposal, for cause if the contractor is found to have submitted a false certification.

Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this request for proposal MUST execute the enclosed form

FDACS-01522, ATTACHMENT G, CERTIFICATION REGADRING LOBBYING;

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS FOR

EXPENDITURE OF FEDERAL FUNDS and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

4.2 Proposal Administrative Review and Evaluation

Each vendor shall submit a proposal that conforms to all mandatory requirements as outlined in this RFP solicitation. Submissions that do not conform to the requirements, or contain material deviations from the specifications, will be rejected as non-responsive and not further reviewed.

An appointed evaluation committee will utilize a point system to score each responsive proposal submitted. Once the evaluation committee has concluded scoring all responsive proposals, a list of responses will be tabulated in ranked order. Available points for each of the evaluation criteria are specified herein.

As the best interest of the state shall require, FDACS reserves the right to reject any and all responses or waive any minor…