RFQQ K5358.pdf

WASHINGTON STATE DEPARTMENT OF AGRICULTURE

Food Safety and Consumer Services Division

Food Assistance

REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ)

RFQQ NO K5358

Informa�on regarding this RFQQ will also be posted on the WSDA website at Contracts and Procurement | Washington State Department of Agriculture.

If you require this RFQQ in an alterna�ve format, or in a different language, please contact the RFQQ Coordinator listed below in sec�on 2.1. for assistance no later than April 8, 2024, 3:30 pm PST.

PROJECT TITLE: State-level warehousing and shipping of food commodi�es for The Emergency Food Assistance Program (TEFAP) and related United States Department of Agriculture (USDA) or Washington State Department of Agriculture (WSDA) foods, managed by the WSDA Food Assistance (FA) programs.

WSDA FA intends to award ONE (1) Contract to provide the services described in this RFQQ.

QUALIFICATIONS AND QUOTATIONS DUE DATE: May 16, 2024, to be received no later than 11:59 pm PST.

Emailed qualifications and quotations will be accepted. Faxed qualifications and quotations will not be accepted.

EXPECTED TIME PERIOD FOR CONTRACT: July 1, 2024 – June 30, 2025. WSDA FA reserves the right to extend the Contract for up to two additional two-year periods at the sole discretion of WSDA FA.

PROPOSER ELIGIBILITY: This procurement is open to those Proposers that satisfy the minimum qualifications stated herein which have shipping & distribution facilities available for work in Washington State.

CONTENTS OF THE REQUEST FOR QUALIFICATIONS AND QUOTATIONS:

1. Introduction

2. General Information for Proposers

3. Proposal Contents

4. Evaluation and Contract Award

5. RFQQ Exhibits

A. Certifications and Assurances

B. Minimum Qualifications

C. Quotation - Identification of Costs

D. Draft Contract (Subject to change) https://agr.wa.gov/about-wsda/contracts-and-procurement

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Table of Contents

1. Introduction

1.1 Purpose and Background

1.2 Objective

1.3 Minimum Qualifications

1.4 Desirable Qualifications

1.5 Funding

1.6 Period of Performance

1.7 Contracting with Current or Former State Employees

1.8 Definitions

1.9 Americans with Disabilities Act (ADA)

2. General Information for Proposers

2.1 RFQQ Coordinator

2.2 Estimated Schedule of Procurement Activities

2.3 Pre-proposal Conference (Optional and by Request Only)

2.4 Submission of Proposals

2.5 Proprietary Information & Public Disclosure

2.6 Revision to the Request For Qualifications and Quotations

2.7 Complaints

2.8 Utilization of Diverse Businesses

2.9 Minority & Women-Owned Business Participation

2.10 Acceptance Period

2.11 Responsiveness……………………………………………………………………………………………………….….…9

2.12 Most Favorable Terms……………………………………………………………………………………………………9

2.13 Contract and General Terms & Conditions

2.14 Costs to Propose……………………………………………….…………………………………………………..…….10

2.15 No Obligation to Contract………………………………………………………………………………………

2.16 Rejection of Proposals……………………………………………………………………………………………

2.17 Commitment of Funds……………………………………………………………………………………………..….10

2.18 Electronic Payment………………………………….……………………………………………………………….….10

2.19 Insurance Coverage……………………………………………………………………………………………..……...10

3. Proposal Contents

3.1 Letter of Submittal (Mandatory)

3.2 Business Information (Mandatory)

3.3 Qualification

3.4 Certifications and Assurances (Mandatory)

3.5 Quotations- Identification of Costs (Scored)

4. Evaluation and Contract Award

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4.1 Evaluation Procedure

4.2 Clarification of Qualifications and Quotations

4.3 Evaluation Weighting and Scoring

4.4 Notification to Proposers

4.5 Debriefing of Unsuccessful Proposers

4.6 Protest Procedure

5. Request for Qualification and Quotations (RFQQ) Exhibits

5.1 Exhibit A: CERTIFICATION AND ASSURANCES

5.2 Exhibit B: MINIMUM QUALIFICATIONS

5.3 Exhibit C: QUOTATIONS – IDENTIFICATION OF COSTS

5.4 Exhibit D: DRAFT CONTRACT (Subject to change)

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1. INTRODUCTION.

1.1 PURPOSE AND BACKGROUND. The purpose of this Request for Qualifica�on and Quota�ons (RFQQ) is to provide state-level shipping and warehousing, on behalf of the Washington State Department of Agriculture (WSDA) Food Assistance (FA) programs, for the United States Department of Agriculture (USDA) commodi�es received by the state for the federal program called The Emergency Food Assistance Program (TEFAP), and related USDA or WSDA foods.

WSDA intends to award one (1) Contract to provide the services described in this RFQQ.

1.2. OBJECTIVE. The objec�ve of this RFQQ is to iden�fy a nonprofit partner to receive, warehouse, inventory and distribute USDA commodi�es and related foods to approximately nineteen (19) WSDA Food Assistance (FA) Lead Agencies throughout the state of Washington. Typically, this is accomplished by receiving approximately thirty thousand (30,000) cases of dry and seven thousand (7,000) cases of cold/frozen USDA commodi�es per month directly from USDA vendors and or WSDA vendors. It also includes scheduling deliveries and delivering approximately two hundred (200) pallets in western Washington and three hundred (300) pallets in eastern Washington of USDA commodi�es to WSDA Food Assistance Lead Agencies on a monthly basis.

1.3. MINIMUM QUALIFICATIONS. Minimum qualifica�ons include:

a. The Proposer must be designated as one of the following: a non-profit corpora�on, a charitable organiza�on, or both, or an unrecognized tribe or tribal organiza�on, all of which must have current tax-exempt status under sec�on 501 (c)(3) of the Internal Revenue Code (IRC). The Proposer may be designated as a Federally recognized tribe, which is not required to have or maintain tax exempt status under sec�on 501 (c)(3) of the IRC.

b. The Proposer must maintain ac�ve tax-exempt status under sec�on 501 (c)(3) of the Internal Revenue Code (IRC) and file �mely reports as required by the IRC.

c. The Proposer must be registered with the Washington Secretary of State as a non-profit corpora�on and or as a charitable organiza�on and maintain current ac�ve filing status as required.

d. The Proposer must be licensed to do business in the state of Washington or provide a commitment that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparent Successful Proposer.

e. The Proposer must be registered as a statewide vendor for the state of Washington within thirty (30) calendar days of being selected as the Apparent Successful Proposer.

f. The Proposer must be registered in the System for Award Management (SAM) and con�nue to maintain an ac�ve SAM registra�on with current informa�on at all �mes during the Contract period.

g. The Proposer must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal or State department or Agency from par�cipa�ng in transac�ons.

h. The Proposer will have five (5) years’ experience providing statewide shipping and warehousing to food banks, food pantries and meal programs in the state of Washington.

i. The Proposer will have five (5) years’ experience with federal and state inventory requirements, food safety, recall procedures, and all applicable regula�ons and laws.

j. The Proposer will have an electronic inventory system capable of tracking large amounts of food with their associated lot numbers and program designa�ons. This includes repor�ng requirements and the ability to compare physical inventory with book inventory to be completed monthly. This is cri�cal in the event of a recall, which requires lots to be iden�fied and pulled from inventory and from loca�ons where the product was delivered.

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k. The Proposer must obtain and maintain insurance coverage to protect the value of donated foods at its storage facili�es. The amount of such insurance must be at least equal to the average monthly value of donated food inventories at such facili�es, es�mated to be approximately One million dollars ($1,000,000) per month.

l. The Proposer will have dry capacity minimum: Forty thousand (40,0000) sq. feet or pallet spaces to include racking with the equivalent of forty thousand (40,000) sq. feet.

m. The Proposer will have cold capacity minimum: ten thousand (10,000) sq. feet.

n. The Proposer will have frozen capacity minimum: up to ten thousand (10,000) sq. feet.

o. The Proposer will have sufficient shipping capabili�es to meet program needs.

p. The Proposer will have the ability to report and receipt loads into the USDA Web Based Supply Chain Management (WBSCM) system within twenty-four (24) hours.

q. All work must be completed by the Proposer; subcontrac�ng may only be allowed on an emergency basis and/or with prior approval from WSDA FA.

r. The Proposer will have the ability to accept slip-sheeted loads.

s. The Proposer must have a Warehousing License: Current WSDA Food Storage Warehouse License or WSDA Food Processing Plant License (Food Processor License).

t. The Proposer must be open for business Monday through Friday during normal opening hours .

u. The Proposer must have an ac�ve Con�nuity of Opera�on Plan (COOP) in place to maintain and deploy emergency services during a manmade or natural disaster outside of normal opening hours.

Proposers who do not meet these minimum qualifica�ons will be rejected as non-responsive and will not receive further considera�on. Any submission that is rejected as non-responsive will not be evaluated or scored.

1.4. DESIRABLE QUALIFICATIONS. Desirable qualifica�ons include:

a. Organiza�on owned shipping fleet sufficient to meet program needs and flexible enough to accommodate large fluctua�ons in product.

b. Organiza�on owned or long-term lease of dry, cold, and frozen warehousing sufficient to meet program needs and flexible enough to accommodate large fluctua�ons in product.

c. Organiza�on that has a physical business presence in the state of Washington.

d. Organiza�on has a Hazard Analysis and Cri�cal Control Point Plan (HACCP Plan, for example Seafood).

1.5. FUNDING. The overall budget for this project may range between Three hundred sixty thousand dollars ($360,000) and Seven hundred thousand dollars ($700,000), and will be dependent upon the volume of food received by the state. The es�mated funding levels may be adjusted based on the volume of food received. Any contract awarded may be renego�ated to provide for addi�onal related services. The funding source will be comprised of both state and federal funding.

Any contract awarded as a result of this procurement is con�ngent upon the availability of funding.

1.6. PERIOD OF PERFORMANCE. The period of performance of any contract resul�ng from this RFQQ is tenta�vely scheduled to begin on or about July 1, 2024 and to end on June 30, 2025. Amendments extending the period of performance, if any, shall be at the sole discre�on of WSDA FA. WSDA FA reserves at its sole discre�on the op�on to extend the Contract for two addi�onal two-year periods.

1.7. CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES. Specific restric�ons apply to entering into a contract with current or former state employees pursuant to chapter 42.52 of the Revised Code of

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Washington (RCW). The Proposer should familiarize themselves with the requirements prior to submi�ng qualifica�ons and quota�ons that includes current or former state employees.

1.8. DEFINITIONS. Defini�ons for the purposes of this RFQQ include:

Agency. The Washington State Department of Agriculture (WSDA) Food Assistance (FA) is the unit within WSDA issuing this RFQQ.

Apparent Successful Proposer. The Proposer selected as the en�ty to perform the an�cipated services, subject to comple�on of nego�a�ons and execu�on of a writen contract. Individual or company whose proposal has been accepted by the Agency and is awarded a fully executed, writen contract.

Proposer. Individual, company, or firm (bidder) submi�ng a proposal in order to atain a contract with the Agency.

Proposal. A formal writen offer (bid) submited in response to this Request for Qualifica�ons and Quota�ons.

Request for Qualifica�ons and Quota�ons (RFQQ). Formal procurement documents in which services needed are iden�fied and firms are invited to provide their qualifica�ons to provide the services and their rates. Also known as the solicita�on.

WSDA FA Lead Agency. Means an organiza�on, which has entered into an Agreement directly with WSDA FA programs, that collects, warehouses, and distributes food, edible commodi�es, or other product to food pantries, meal programs, and other relief agencies on a regional or county basis. May also be known as a food bank.

1.9. AMERICANS WITH DISABILITIES ACT. WSDA FA complies with the Americans with Disabili�es Act (ADA).

Proposers may contact the RFQQ Coordinator to receive this Request for Qualifica�ons and Quota�ons in an alternate format.

2. GENERAL INFORMATION FOR PROPOSERS.

2.1. REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ) COORDINATOR. The RFQQ Coordinator is the sole point of contact in the Agency for this procurement. All communica�on between the Proposer and the Agency upon release of this RFQQ shall be with the RFQQ Coordinator, as follows:

Name: Deborah (Debbie) Ornellas

Phone Number: (360) 974-9761

Email Address: Deborah.ornellas@agr.wa.gov

Any other communica�on will be considered unofficial and non-binding on the Agency. Proposers are to rely on writen statements issued by the RFQQ Coordinator. Communica�on directed to par�es other than the RFQQ Coordinator may result in disqualifica�on of the Proposer.

2.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES. *WSDA FA reserves the right to revise this schedule as needed.

Issue Request for Qualifica�ons and Quota�ons April 1, 2024

Ques�on & Answer Period April 1-8, 2024

Last date to request RFQQ materials to be translated April 8, 2024

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Pre-proposal Virtual Conference (if requested by May 2 , 2024, 11:30 am)

May 7, 2024

Complaints (will be accepted and responded to) Up to five (5) business day prior to the proposal due date

May 10, 2024

Issue Addendum to RFQQ (if applicable) May 13, 2024

Qualifica�ons and Quota�ons Due to be Received by WSDA FA by 11:59 pm

May 16, 2024 (45 days)

Qualifica�ons and Quota�ons Evalua�on Period May 17-31, 2024

Announce “Apparent Successful Proposer” and send no�fica�on via e-mail to Unsuccessful Proposer(s)

June 3, 2024

Hold Individual Debriefing Teleconferences (if requested) June 4-7, 2024

Deadline for filing Protest June 7, 2024

Nego�a�on of Contract June 13 – June 21, 2024

Start date of Contract July 1, 2024

2.3. PRE-PROPOSAL CONFERENCE. (Op�onal and by request only) If requested by May 2, 2024 11:30 am, a pre-proposal virtual conference will be scheduled on May 7 at 2:00 pm. All Proposers will be no�fied of the pre-proposal virtual conference by email but are not required to atend.

a. WSDA FA will be bound only to WSDA FA’s writen answers to ques�ons. Ques�ons arising at the pre-proposal conference or in subsequent communica�on with the RFQQ Coordinator will be documented and answered in writen form. A copy of the ques�ons and answers will be posted on the Washington Electronic Bid No�fica�on System (WEBS) and the WSDA Internet site WSDA Contracts and Procurement.

2.4. SUBMISSION OF PROPOSALS. Qualifica�ons and Quota�ons are required to be submited electronically and must be received by May 16, 2024, by 11:59 pm PST. The date and �me of the email submission will determine whether Qualifica�ons and Quota�ons were received in a �mely manner.

a. The Qualifica�ons and Quota�ons is to be sent to the RFQQ Coordinator at the email address above.

The subject line should iden�fy the RFQQ number and project �tle i.e. RFQQ K5358, Project Title – WSDA FA Warehousing and Shipping.

b. It is the responsibility of the Proposer to ensure that their submission has been sent and received prior to the due date submited. The Agency assumes no responsibility for delays caused by any email interrup�on of service. Qualifica�ons and Quota�ons may not be transmited using facsimile transmission.

c. Late Qualifica�ons and Quota�ons will not be accepted and will be automa�cally disqualified from further considera�on.

d. All Qualifica�ons and Quota�ons and any accompanying documenta�on become the property of the Agency and will not be returned.

https://pr-webs-customer.des.wa.gov/

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2.5. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE. Qualifica�ons and Quota�ons submited in response to this compe��ve procurement shall become the property of the Agency. All Qualifica�ons and Quota�ons received shall remain confiden�al un�l the contract, if any, resul�ng from this RFQQ signed by the WSDA Food Assistance Program Manager and the Apparent Successful Proposer; therea�er, the submissions shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

a. Any informa�on in the proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The informa�on must be clearly iden�fied and the par�cular exemp�on from disclosure upon which the Proposer is making the claim must be cited. Each page containing the informa�on claimed to be exempt from disclosure must be clearly iden�fied by the words “Proprietary Informa�on” printed on the lower right-hand corner of the page. Marking the en�re submission exempt from disclosure or as Proprietary Informa�on will not be honored.

b. If a public records request is made for the informa�on that the Proposer has marked as "Proprietary Informa�on" the Agency will no�fy the Proposer of the request and of the date that the records will be released to the requester unless the Proposer obtains a court order enjoining that disclosure. If the Proposer fails to obtain the court order enjoining disclosure, the Agency will release the requested informa�on on the date specified. If a Proposer obtains a court order from a court of competent jurisdic�on enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Agency shall maintain the confiden�ality of the Proposer’s informa�on per the court order.

c. If a public records request is made, a charge for copying and shipping may apply, as outlined in Chapter 42.56 RCW.

2.6. REVISIONS TO THE REQUEST FOR QUALIFICATIONS & QUOTATIONS (RFQQ). In the event it becomes necessary to revise any part of this RFQQ, addenda will be posted on the Washington Electronic Bid No�fica�on System (WEBS) and the WSDA Internet site at: WSDA Contracts and Procurement

The Agency also reserves the right to cancel or to reissue the RFQQ in whole or in part, prior to execu�on of a contract.

2.7. COMPLAINTS. Proposers can submit a complaint, before proposals are due to the Agency based on any of the following:

a. The solicita�on unnecessarily restricts compe��ons;

b. The solicita�on evalua�on or scoring process is unfair or flawed; or

c. The solicita�on requirements are inadequate or insufficient to prepare a response.

The complaint process must allow the Agency to have discre�on to extend the bid submission deadline if necessary to allow sufficient �me for responses and review of complaints (e.g., the nature or complexity of the complaint requires addi�onal �me and/or the availability of the response to a complaint is too close to the bid submission deadline not allowing sufficient �me for bidders to prepare a bid submital.

Proposers can submit complaints up to five (5) business days prior to the proposal due date deadline. All complaints must:

d. Be in wri�ng.

e. Be sent to the RFQQ Coordinator, during the complaint process period.

f. Should clearly ar�culate the basis for the complaint.

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g. Should include a proposed remedy.

h. The RFQQ Coordinator will respond to complaints in wri�ng. The Qualifica�ons and Quota�ons submission deadline will not conclude before the requestor has been provided with the applicable writen responses to all complaints and provided a reasonable amount of �me to review the same, which may be relevant to the Proposer’s Qualifica�ons and Quota�ons submital.

The response to complaints, including any changes to the RFQQ will be posted as an amendment on the statewide bidder no�fica�on system (WEBS).

The agency head will be no�fied of all complaints and be provided with a copy of the agency's response.

Please note the purpose of a complaint is to resolve issues before Qualifica�ons and Quota�ons are due.

The complaint may not be raised again during the protest period.

2.8. UTILIZATION OF DIVERSE BUSINESSES. The state of Washington works towards providing the maximum prac�cable opportunity for small and diverse businesses in the performance of all state contracts. The Proposer shall use genuine efforts to u�lize race or gender-neutral means to allow opportuni�es for small and diverse businesses to par�cipate in subcontracts, where par�cipa�on opportuni�es are present. The Proposer shall make genuine efforts to ensure all available business enterprises, including small and diverse businesses, have equal opportunity for par�cipa�on which might be presented under this Contract.

Examples of genuine efforts include, but are not limited to, the following:

a. Submit inclusion plans with genuine efforts to meet the aspira�onal goals on the project.

b. Engaging in targeted outreach.

c. Providing training.

d. Using the OMWBE & DBA cer�fied business directories to locate cer�fied minority, women- and veteran-owned businesses, and WEBS to search for qualified small business.

The Proposer shall include a similar provision in all subcontracts if subcontrac�ng under the contract with the Agency.

2.9. MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION. In accordance with the legisla�ve findings and policies set forth in Chapter 39.19 RCW, the state of Washington encourages par�cipa�on in all of its contracts by firms cer�fied by the Office of Minority and Women’s Business Enterprises (OMWBE).

Par�cipa�on may be on a direct basis in response to this solicita�on. However, no preference will be included in the evalua�on of Qualifica�ons and Quota�ons, no minimum level of OMWBE par�cipa�on shall be required as a condi�on for receiving an award and Qualifica�ons and Quota�ons will not be rejected or considered non-responsive on that basis.

The established annual procurement par�cipa�on goals for MBE is ten percent (10%) and for WBE, four percent (4%), for this type of project. These goals are voluntary. Proposers may contact OMWBE at (360) 753-9693 to obtain informa�on on cer�fied firms.

2.10. ACCEPTANCE PERIOD. Qualifica�ons and Quota�ons must provide sixty (60) days for acceptance by WSDA FA from the due date of receipt of Qualifica�ons and Quota�ons.

2.11. RESPONSIVENESS. All Qualifica�ons and Quota�ons will be reviewed by the RFQQ Coordinator to determine compliance with administra�ve requirements and instruc�ons specified in this RFQQ. The Proposer is specifically no�fied that failure to comply with any part of the RFQQ may result in rejec�on of the submission as non-responsive.

2.12. MOST FAVORABLE TERMS. The Agency reserves the right to make an award without further discussion of the Qualifica�ons and Quota�ons submited. Therefore, the Qualifica�ons and Quota�ons should be

K5358 Request for Qualifica�on and Quota�ons Page 10 of 20 submited ini�ally on the most favorable terms which the Proposer can propose. The Agency does reserve the right to contact the Proposer for clarifica�on of its submission.

a. WSDA FA also reserves the right at its sole discre�on to waive administra�ve irregulari�es.

b. The Proposer should be prepared to accept this RFQQ for incorpora�on into a writen Contract resul�ng from this RFQQ. Contract nego�a�ons may incorporate some or the Proposer’s en�re submission.

c. It is understood that the Qualifica�ons and Quota�ons will become a part of the official procurement file on this mater without obliga�on to the Agency.

2.13. CONTRACT AND GENERAL TERMS & CONDITIONS. The Apparent Successful Proposer will be expected to enter into a writen Contract. In no event is a Proposer to submit its own standard General Terms and Condi�ons in response to this solicita�on. The Proposer may submit excep�ons as allowed in the Cer�fica�ons and Assurances sec�on, Exhibit A to this solicita�on. The Agency will review requested excep�ons and accept or reject the same at its sole discre�on.

2.14. COSTS TO PROPOSE. The Agency will not be liable for any costs incurred by the Proposer in prepara�on of a Qualifica�ons and Quota�ons submited in response to this RFQQ, in conduct of a presenta�on, or any other ac�vi�es related to responding to this RFQQ.

2.15. NO OBLIGATION TO CONTRACT. This RFQQ does not obligate the state of Washington or the Agency to contract for services specified herein.

2.16. REJECTION OF PROPOSALS. The Agency reserves the right at its sole discre�on to reject any and all Qualifica�ons and Quota�ons received without penalty and not to issue a writen contract as a result of this RFQQ.

2.17. COMMITMENT OF FUNDS. The WSDA FA Program Manager or delegate are the only individuals who may legally commit the Agency to the expenditure of funds for a contract resul�ng from this RFQQ. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed contract.

2.18. ELECTRONIC PAYMENT. The state of Washington prefers to u�lize electronic payment in its transac�ons.

The Apparent Successful Proposer must be registered with the Office of Financial Management and obtain a Statewide Vendor number.

2.19. INSURANCE COVERAGE. The Proposer is to furnish WSDA FA with a cer�ficate(s) of insurance executed by a duly Authorized Representa�ve of each insurer, showing compliance with the insurance requirements set forth below.

The Proposer shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the Contract. The Proposer shall furnish evidence in the form of a Cer�ficate of Insurance that insurance shall be provided, and a copy shall be forwarded to WSDA FA within fi�een (15) days of the Contract effec�ve date.

a. Liability Insurance:

1. Commercial General Liability Insurance. The Proposer shall maintain Commercial General Liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than One million dollars ($1,000,000) per each occurrence. If CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the “each occurrence” limit. CGL insurance shall have products-completed opera�ons aggregate limit of at least two �mes the “each occurrence” limit. CGL insurance shall be writen on ISO occurrence from CG 00 01 (or a subs�tute form providing equivalent coverage). All insurance shall cover liability assumed under an insured Contract (including the tort liability of another assumed in a business Contract) and contain separa�on of insureds (cross liability) condi�on.

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Addi�onally, the Proposer is responsible for ensuring that all Sub Agencies provide adequate insurance coverage for the ac�vi�es arising out of subcontracts.

2. Business Auto Policy. As applicable, the Proposer shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than One million dollars ($1,000,000) per accident. Such insurance shall cover liability arising out of “Any Auto.” Business auto coverage shall be writen on ISO form CA 00 01, 1990 or later edi�on, or subs�tute liability form providing equivalent coverage.

b. Employers Liability (“Stop Gap”) Insurance. In addi�on, the Proposer shall buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than One million dollars ($1,000,000) each accident for bodily injury by accident or One million dollars ($1,000,000) each employee for bodily injury by disease.

c. Addi�onal Provisions. Above insurance policy shall include the following provisions:

1. Addi�onal Insured. The Washington State Department of Agriculture, its elected and appointed officials, agents, and employees shall be named as an addi�onal insured on all general liability, excess, umbrella, and property insurance policies. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the state.

2. Cancella�on. The Washington State Department of Agriculture shall be provided with writen no�ce before cancella�on or non-renewal of any insurance referred to therein, in accordance with the following specifica�ons. Insurers subject to 48.18 RCW (Admited and Regula�on by the Insurance Commissioner): The insurer shall give the state forty-five (45) days advance no�ce of cancella�on or non-renewal. If cancella�on is due to non-payment of premium, the state shall be given ten (10) days advance no�ce of cancella�on. Insurers subject to 48.15 RCW (Surplus lines): The state shall be given twenty (20) days advance no�ce of cancella�on. If cancella�on is due to non-payment of premium, the state shall be given ten (10) days advance no�ce of cancella�on.

3. Iden�fica�on. The policy must reference the state’s Contract number and the agency name.

4. Insurance Carrier Ra�ng. All insurance and bonds should be issued by companies admited to do business within the state of Washington and have a ra�ng of A-, Class VII or beter in the most recently published edi�on of Best’s Reports. Any excep�on shall be reviewed and approved by WSDA Risk Manager or the Risk Manager for the state of Washington, before the Contract is accepted, or work may begin. If an insurer is not admited, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15

WAC.

5. Excess Coverage. By requiring insurance herein, the state does not represent that coverage and limits will be adequate to protect Proposer and such coverage and limits shall not limit Proposer’s liability under the indemni�es and reimbursements granted to the state in this Contract.

d. Workers’ Compensa�on Coverage. The Proposer will at all �mes comply with all applicable workers’ compensa�on, occupa�onal disease, and occupa�onal health and safety laws, statutes, and regula�ons to the full extent applicable. The state will not be held responsive in any way for claims filed by the Proposer or their employees for services performed under the terms of this Contract.

3. PROPOSAL CONTENTS. The five (5) major sec�ons of the proposal are to be submited in the order noted below:

3.1. LETTER OF SUBMITTAL.

3.2. BUSINESS INFORMATION.

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3.3. QUALIFICATIONS.

a. Experience.

b. Minimum Qualifica�ons (Exhibit B).

c. Desirable Qualifica�ons (Exhibit B).

d. References.

3.4. CERTIFICATIONS AND ASSURANCES (Exhibit A).

3.5. QUOTATIONS – IDENTIFICATION OF COSTS (Exhibit C).

Quota�ons must provide informa�on in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators but should assist the Proposer in preparing a thorough response.

Items in this section marked “mandatory” must be included as part of the Qualifications and Quotations for the submission to be considered responsive, however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team.

3.1. LETTER OF SUBMITTAL (MANDATORY). The Leter of Submital and the atached Cer�fica�ons and Assurances Form (Exhibit A) must be signed and dated by a person authorized to legally bind the Proposer to a contractual rela�onship, e.g., the President or Execu�ve Director if a corpora�on, the managing partner if a partnership, or the proprietor if a sole proprietorship.

3.2. BUSINESS INFORMATION (MANDATORY).

a. State the name of the company, address, phone number, e-mail address, legal status of en�ty

(ownership) and year en�ty was established as it now substan�ally exists.

b. Provide the firm’s Federal Employer Tax Iden�fica�on number or in the case of an individual Proposer, the last 4 of their Social Security number and the Washington Uniform Business Iden�fica�on (UBI) number issued by the state of Washington Department of Revenue.

c. Full registra�on in the System for Award Management (SAM) and following the requirements stated in 48 CFR § 52.204-7 at the SAM website (htps://sam.gov) are required for Contractors providing their Unique En�ty Iden�fier (UEI) number.

d. Indicate how many employees are with the firm and provide a current organiza�onal chart. Name the firm principles and their roles.

e. Iden�fy any state employees or former state employees employed by the Proposer or on the Proposer’s governing board as of the date of the submission of Qualifica�ons and Quota�ons. Include their posi�on and responsibili�es within the Proposer’s organiza�on. If following a review of this informa�on, it is determined by the Agency that a conflict of interest exists, the Proposer may be disqualified from further considera�on for the award of a Contract.

f. If the Proposer’s staff was an employee of the state of Washington during the past twenty-four (24) months, or is currently a Washington State employee, iden�fy the individual by name, the agency previously or currently employed by, job �tle or posi�on held, and separa�on date.

g. If the Proposer has had a Contract terminated for default in the last five (5) years, describe such incident. Termina�on for default is defined as no�ce to stop performance due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not li�gated due to inac�on on the part of the Proposer; or (b) li�gated and such li�ga�on determined that the Proposer was in default.

h. Submit full details of the terms for default, including the other party's name, address, and phone number. Present the Proposer’s posi�on on the mater. The Agency will evaluate the facts and may, at https://sam.gov/

K5358 Request for Qualifica�on and Quota�ons Page 13 of 20 its sole discre�on, reject the proposal on the grounds of past experience. If no such termina�on for default has been experienced by the Proposer in the past five (5) years, so indicate.

3.3. QUALIFICATIONS. The services to be provided under this project are: To receive, warehouse, inventory and distribute USDA commodi�es to approx. Nineteen (19) WSDA Regional Lead Agencies throughout the state of Washington. Typically, this is accomplished by receiving approx. Thirty thousand (30,000) cases of dry and seven thousand (7,000) cases of cold/frozen USDA commodi�es per month directly from USDA vendors. It also includes delivering approx. Two hundred (200) pallets in western Washington and three hundred (300) pallets in eastern Washington of USDA commodi�es to WSDA Regional Lead Agencies on a monthly basis.

The qualifica�ons sec�on of the Qualifica�ons and Quota�ons must contain informa�on that will demonstrate to the evalua�on commitee the Proposer’s understanding of the types of services proposed, the firm’s ability to accomplish them, and the ability to meet �ght �meframes.

The qualifica�ons response is to be submited as follows: Experience, Minimum Qualifica�ons (Exhibit B), Desirable Qualifica�ons, and References.

a. EXPERIENCE (SCORED).

i. Describe services provided by the Proposer that indicate the firm’s ability to provide the services described in this RFQQ.

ii. Describe the firm’s recent experience with providing statewide warehousing and shipping for hunger relief organiza�ons including any specific experience with TEFAP Lead Agencies.

iii. Describe ability to build strong rela�onships with volunteers/staff at local delivery points by u�lizing consistent delivery staff.

iv. Briefly describe the firm’s experience in working with volunteers and local emergency food provider staff to ensure successful shipping and warehousing to food banks, food pantries and meal programs. Include the number of years of experience.

b. MINIMUM QUALIFICATIONS (SCORED).

i. Complete and submit Exhibit B.

c. DESIRABLE QUALIFICATIONS (SCORED).

i. Does the firm own or lease its shipping fleet?

ii. Is the size of the fleet sufficient to meet program needs and flexible enough to accommodate large fluctua�ons in product?

iii. Does the firm own or lease its dry, cold, and frozen warehouse?

iv. Is the warehouse sufficient to meet program needs and flexible enough to accommodate large fluctua�ons in product?

v. Does the organiza�on have a physical business presence in the state of Washington?

vi. Does the firm have a current and approved Hazard Analysis and Cri�cal Control Point Plan (HACCP Plan, for example Seafood)?

d. REFERENCES (MANDATORY). List names, addresses, telephone numbers, and e-mail addresses of two business references (donor, vendor, or hunger relief organiza�on) and briefly describe the type of service provided for them or interac�on with them.

By submi�ng a Qualifica�ons and Quota�ons in response to this RFQQ, the Proposer grants permission to the Agency to contact these references and others, who from the Agency’s perspec�ve, may have

K5358 Request for Qualifica�on and Quota�ons Page 14 of 20 per�nent informa�on. The Agency may or may not, at the Agency’s discre�on, contact references. Do not include current Agency staff as references.

3.4. CERTIFICATIONS AND ASSURANCES (MANDATORY). Complete, sign and submit Exhibit A.

3.5. QUOTATIONS - IDENTIFICATION OF COSTS (SCORED). The Quota�ons sec�on must list all rates for services an�cipated under the proposed Contract. The rates are to represent fully weighted costs. This includes inventory tracking, warehousing, repor�ng, bills of lading, picking, delivery to final des�na�on and any other costs that may be required in order to fulfill the requirements of this Contract.

The evalua�on process is designed to award this procurement not necessarily to the Proposer of least cost, but rather to the Proposer whose proposal best meets the requirements of this RFQQ. Proposers are encouraged, however, to submit Qualifica�ons and Quota�ons which are consistent with state government efforts to conserve state resources.

a. Complete and submit Quota�on – Iden�fica�on of Costs (Exhibit C).

b. COMPUTATION.

The score for the cost proposal will be computed by taking each sec�on of the costs; divided by the lowest costs received, then mul�plied by the maximum points for the cost sec�on.

4. EVALUATION AND CONTRACT AWARD.

4.1. EVALUATION PROCEDURE. Responsive Qualifica�ons and Quota�ons will be evaluated strictly in accordance with the requirements stated in this solicita�on and any addenda issued. The evalua�on of Qualifica�ons and Quota�ons shall be accomplished by an evalua�on team designated by the Agency, which will determine the ranking of the proposals.

The Agency, at its sole discre�on, may also elect to select the top-scoring firms as finalists for an oral presenta�on.

4.2. CLARIFICATION OF QUALIFICATIONS AND QUOTATIONS. The RFQQ Coordinator may contact the Proposer for clarifica�on of any por�on of the Proposer’s submission.

4.3. EVALUATION WEIGHTING AND SCORING. The following weigh�ng and points will be assigned to the Qualifica�ons and Quota�ons for evalua�on purposes:

Qualifica�on Sec�on: 40% 40 points

Experience………………..………………………………….25 points (maximum)

Qualifica�ons……………………………………………...20 points (maximum)

Quota�on Sec�on: 60% 60 points

Storage/Handling – Dry Goods……………………..10 points (maximum)

Storage/Handling – Cold Goods ……………………. 5 points (maximum)

Storage/Handling – Frozen Goods ………………… 5 points (maximum)

Pallet Delivery – Western WA……………………...20 points (maximum)

Pallet Delivery – Eastern WA………………………..20 points (maximum)

Grand Total 100 Points

4.4. NOTIFICATION TO PROPOSERS. WSDA FA will no�fy the Apparent Successful Proposer of their selec�on in wri�ng upon comple�on of the evalua�on process. Individuals or firms whose Qualifica�ons and Quota�ons were not selected for further nego�a�on or award will be no�fied separately by email.

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4.5. DEBRIEFING OF UNSUCCESSFUL PROPOSERS. Upon request, a debriefing conference will be scheduled with an Unsuccessful Proposer. The request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days a�er the No�fica�on of Unsuccessful Proposer is emailed. The debriefing must be held within three (3) business days of the request.

a. Discussion will be limited to a cri�que of the reques�ng Proposer’s submission. Comparisons between proposals or evalua�ons of the other proposals will not be allowed. Debriefing conferences will be conducted virtually by TEAMS or by phone, and will be scheduled for a maximum of one hour.

4.6. PROTEST PROCEDURE. Protests may be made only by Proposers who submited a response to this solicita�on document and who have par�cipated in a debriefing conference.

i. Upon comple�ng the debriefing conference, the Proposer is allowed three (3) business days to file a protest of the acquisi�on with the RFQQ Coordinator. Protests must be received by the RFQQ Coordinator no later than 2:30 PM, local �me, in Olympia, Washington on the third business day following the debriefing. Protests must be submited by e-mail. Proposers protes�ng this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure cons�tutes the sole administra�ve remedy available to Proposers under this procurement.

ii. All protests must be in wri�ng, addressed to the RFQQ Coordinator, and emailed by the protes�ng party or an authorized Agent. The protest must state the RFQQ number, the grounds for the protest with specific facts and complete statements of the ac�on(s) being protested. A descrip�on of the relief or correc�ve ac�on being requested should also be included.

iii. Only protests s�pula�ng an issue of fact concerning the following subjects shall be considered:

• A mater of bias, discrimina�on, or conflict of interest on the part of an evaluator;

• Errors in compu�ng the score;

• Non-compliance with procedures described in the procurement document or WSDA FA policy.

b. Protests not based on procedural maters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) An evaluator’s professional judgment on the quality of a proposal, or 2) WSDA FA’s assessment of its own and/or other agencies’ needs or requirements.

c. Upon receipt of a protest, a protest review will be held by WSDA FA. The WSDA FA Program Manager or an employee delegated by the Program Manager who was not involved in the procurement, will consider the record and all available facts, and issue a decision within five (5) business days of receipt of the protest. If addi�onal �me is required, the protes�ng party will be no�fied of the delay.

d. In the event a protest may affect the interest of another Proposer that submited a Qualifica�ons and Quota�ons, such Proposer will be given an opportunity to submit its views and any relevant informa�on on the protest to the RFQQ Coordinator.

e. The final determina�on of the protest shall:

i. Find the protest lacking in merit and uphold WSDA FA’s ac�on.

ii. Find only technical or harmless errors in WSDA FA’s acquisi�on process and determine WSDA FA to be in substan�al compliance and reject the protest; or

iii. Find merit in the protest and provide the Agency op�ons which may include:

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• Correct the errors and re-evaluate all Qualifica�ons and Quota�ons.

• Reissue the solicita�on document and begin a new process.

• Make other findings and determine other courses of ac�on as appropriate.

If WSDA FA determines that the protest is without merit, WSDA FA will enter into a Contract with the Apparent Successful Proposer. If the protest is determined to have merit, one of the alterna�ves noted in the preceding paragraph will be taken.

5. REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ) Exhibits.

5.1. Exhibit A: CERTIFICATIONS AND ASSURANCES.

5.2. Exhibit B: MINIMUM QUALIFICATIONS.

5.3. Exhibit C: QUOTATIONS – IDENTIFICATION OF COSTS.

5.4. Exhibit D: DRAFT CONTRACT (Subject to change).

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REQUEST FOR QUALIFICATIONS AND QUTOTATIONS (RFQQ)

EXHIBIT A: CERTFICATIONS AND ASSURANCES

1. I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

2. I/we declare that all answers and statements made in the proposal are true and correct.

3. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition.

4. The attached proposal is a firm offer for a period of sixty (60) days following receipt, and it may be accepted by the Agency without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the sixty (60) day period.

5. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

6. I/we understand that the Agency will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the Agency, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

7. Unless otherwise required by law, the prices and/or cost data that have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor.

8. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

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

10. I/we grant the Agency the right to contact references and others who may have pertinent information regarding the Proposer’s prior experience and ability to perform the services contemplated in this procurement.

11. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

Signature of Proposer

Title Date

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EXHIBIT B: MINIMUM/DESIRABLE QUALIFICATIONS

Yes No Minimum Qualifica�ons

a. Designated as: a non-profit corpora�on, charitable organiza�on, or both, or an unrecognized tribe or tribal organiza�on, all of which must have current tax-exempt status under sec�on 501 (c)(3) of the Internal Revenue Code (IRC). Or may be designated as a Federally recognized tribe, which is not required to have or maintain tax exempt status under sec�on 501 (c)(3) of the IRC.

b. Maintain ac�ve tax-exempt status under sec�on 501 (c )(3) of the Internal Revenue Code and file �mely reports as required by the IRC.

c. Registered with the Washington Secretary of State as a non-profit corpora�on and or as a charitable organiza�on and maintains current ac�ve filing status as required by the Washington Secretary of State.

d. Licensed to do business in the state of Washington or provide a commitment that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparent Successful Proposer.

e. Registered as a statewide vendor for the state of Washington within thirty (30) calendar days of being selected as the Apparent Successful Proposer.

f. Registered in the System for Award Management (SAM) and con�nue to maintain an ac�ve SAM registra�on with current informa�on at all �mes during which it receives funding.

g. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal or State department or Agency from par�cipa�ng in transac�ons.

h. Five (5) years’ experience providing statewide shipping and warehousing to food banks, food pantries and meal programs in the state of Washington.

i. Five (5) years’ experience with federal and state inventory requirements, food safety, recall procedures, and all applicable regula�ons and laws.

j. An electronic inventory system capable of tracking large amounts of food with their associated lot numbers and program designa�ons. This includes repor�ng requirements and the ability to compare physical inventory with book inventory to be completed monthly. This is cri�cal in the event of a recall which requires lots to be iden�fied and pulled from inventory and also from loca�ons where the product was delivered.

k. Obtain and maintain insurance coverage to protect the value of donated foods at its storage facili�es. The amount of such insurance must be at least equal to the average monthly value of donated food inventories at such facili�es, es�mated to be approximately one million dollars ($1,000,000) per month.

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