SOPSCHK27001 RFP Amended (1).pdf

SOPSCHK27001

Dietitian Consultant

REQUEST FOR PROPOSAL (RFP)

Katelyn Meyers 1251 West Cedar Loop Cherokee, Iowa 51012 Phone: 712-225-6950 katelyn.meyers@hhs.iowa.gov

RFP Purpose.

The purpose of this RFP is to solicit proposals that will enable the Department of Health and Human Services (Agency) to select the most qualified contractor to provide dietitian consultation services to provide patients with healthy, balanced diets that meet individualized care plans, taking dietary restrictions and allergies into consideration.

Duration of Contract.

The Agency anticipates executing a contract that will have an initial 1-year contract term with the ability to extend the contract for 5 additional 1-year terms. The Agency will have the sole discretion to extend the contract.

Bidder Eligibility Requirements.

The Agency will only consider proposals for contract award from Bidders who are certified Registered Dietitians (RD) or Registered Dietitian Nutritionists (RDN) in the state of Iowa.

Procurement Timetable There are no exceptions to any deadlines for the Bidder; however, the Agency reserves the right to change the dates. Times provided are in Central Time.

Event Date Agency Issues RFP Notice to Targeted Small Business Website (48 hours):

January 13, 2026

Agency Issues RFP to Bid Opportunities Website January 15, 2026 Bidder Letter of Intent to Bid Due By January 26, 2026

2:00 p.m.

Bidder Written Questions Due By February 2, 2026

2:00 p.m.

Agency Responses to Questions Issued By February 9, 2026 Bidder Proposals and any Amendments to Proposals Due By February 23, 2026

2:00 p.m.

Agency Announces Apparent Successful Bidder/Notice of Intent to Award

March 16, 2026

Contract Negotiations and Execution of the Contract Completed June 30, 2026

Anticipated Start Date for the Provision of Services July 1, 2026

Section 1 Background and Scope of Work

1.1 Background.

The Agency's Cherokee Mental Health Institute (CMHI) in Cherokee, Iowa is a state-operated acute psychiatric hospital in the Division of State-Operated Specialty Care serving persons with mental illness including specialized treatment and security for adults ordered by the court into the custody of the state for the purposes of competency restoration, adults who have been acquitted of a crime by reason of insanity, and similarly situated adults at a mental health institute. The facility is accredited by The Joint Commission, certified by the Centers for Medicare and Medicaid Services (CMS), and licensed by the Iowa Department of Inspections, Appeals, and Licensing (DIAL) to provide acute specialty hospital care. The average daily census of the CMHI is 36 patients.

The Agency's Civil Commitment Unit for Sexual Offenders (CCUSO) in Cherokee, Iowa is a state-operated facility in the Division of State-Operated Specialty Care serving sexually violent predators for the entire state of Iowa. The CCUSO program was created by the 1998 Sexually Violent Predators Act of Iowa to provide secure, inpatient treatment for sexual offenders who are believed to be a high risk for sexually re-offending. The average daily census of the CCUSO program is approximately 170 patients and expected to gradually increase.

The Dietary department is comprised of approximately twenty (20) employees serving patients of both CMHI and CCUSO, as well as an additional fifteen (15) tenants and approximately seventy (70) employee meals per day. In addition to these meals, the Dietary department prepares snacks and specialty orders, stocks vending machines, and operates a café for employee consumption.

Historically the contracted dietitian has provided 16-20 hours of consultation services monthly, with one day per month being on-site and the remainder of services performed remotely.

1.2 RFP General Definitions.

When appearing as capitalized terms in this RFP, including attachments, the following quoted terms (and the plural thereof, when appropriate) have the meanings set forth in this section.

“Agency” means the Iowa Department of Health and Human Services.

“Bid Proposal” or “Proposal” means the Bidder’s proposal submitted in response to the RFP.

“Bidder” means the entity that submits a Bid Proposal in response to this RFP.

“Contractor” means the Bidder who enters into a Contract as a result of this Solicitation.

“Deliverables” means all of the services, goods, products, work, work product, data (including data collected on behalf of the Agency), items, materials and property to be created, developed, produced, delivered, performed, or provided by or on behalf of, or made available through, the Contractor (or any agent, contractor or subcontractor of the Contractor) in connection with any contract resulting from this

RFP.

“Invoice” means a Contractor’s claim for payment. At the Agency’s discretion, claims may be submitted on an original invoice from the Contractor or may be submitted on a claim form accepted by the Agency, such as a General Accounting Expenditure (GAX) form.

1.3 Scope of Work.

1.3.1 Deliverables.

The Contractor shall provide the following deliverables. Services are expected to be provided remotely, with the exception of a required monthly on-site visit. The Bidder’s approach to fulfilling these deliverables must include the use of Agency-approved virtual meeting platforms that support video functionality, with contracted staff participating with video enabled.

1.3.1.1 Patient Nutrition.

1. Review and approve patient menus and nutritional supplements ensuring compliance with current Recommended Dietary Allowances (RDA) and the Dietary Reference Intake (DRI) established by the Food and Nutrition Board of the National Research Council.

2. Provide dietary counseling to patients, families, and caretakers upon request, in collaboration with the Therapeutic Technician.

3. Perform and document nutritional assessments and evaluate patient tolerances to therapeutic diets when appropriate.

4. Review drug interactions, dietary notes in patient records, and patient’s special diets as required by Agency standards and policies.

5. Provide general oversight, approval, and consultation, if indicated, of assessments performed by the Therapeutic Technician regarding patients’ nutritional needs for individuals on modified diets.

1.3.1.2 Agency Consultation.

1. Conduct one (1) monthly on-site visit, with a minimum presence of eight (8) hours in a single day.

2. Develop educational training specific to the Dietary department, as requested by the Agency.

3. Review and revise Dietary department policies and procedures, operating plans, and manuals at least annually or upon request.

4. Collaborate with Agency workgroups and committees to plan and implement patient care strategies that meet nutritional needs.

5. Evaluate the quality and performance of services provided by fellow HHS facility dietitians. This may include, but is not limited to, a review of approved menus, flow sheets, nutritional risk assessments and reviews of other dietetic activities.

6. Respond to requests and communications from the Agency within the following timeframes:

a. Email: within twenty four (24) hours

b. Text message: within two (2) hours

c. Telephone: within twenty four (24) hours

1.3.1.3 Agency Education.

1. Prepare a monthly newsletter to be distributed by the tenth (10th) of the each month. The newsletter shall not exceed two (2) pages and must include, at a minimum:

a. A Recipe of the Month,

b. A highlighted seasonal food, dietary trend, or nutrient along with tips for incorporating it into meals.

2. Prepare a monthly lesson plan and accompanying activity for the Psychiatric Rehabilitation

Program by the tenth (10th) of each month. The lesson plan must include educational instruction for Agency use, and the activity should not require more than fifty dollars ($50.00) in supplies.

1.3.1.4 Dietary Performance Monitoring.

The Contractor shall perform routine performance monitoring activities as outlined below and report all findings to the Agency’s Food Service Director. Observations that are not in compliance with established best practices must be reported immediately upon identification. All other findings shall be documented and submitted to the Food Service Director within fourteen (14) calendar days of observation.

1. Maintain ServSafe Proctor certification and administer exams to Agency employees as needed.

2. Conduct informal inspections of the kitchen and Dietary Department storage areas to assess cleanliness, proper food storage and rotation, expiration date management, and handwashing protocol compliance.

3. Observe employees working in the Diet Line to ensure compliance with proper food handling procedures.

1.3.1.5 Licensing and Agency Compliance.

1. The Contractor shall maintain the following qualifications throughout the duration of the contract, including any renewals or extensions, and provide evidence of such to the Agency:

a. Licensure in the State of Iowa through the Iowa Board of Dietetics

b. Membership in the Academy of Nutrition and Dietetics

2. In the event that the Dietitian is unavailable for a period of fourteen (14) consecutive days or longer, a substitute Dietitian with equivalent credentials must be provided.

3. Ensure that all personnel performing services under any contract awarded will comply with the Agency’s health, safety, and infection control policies and procedures to the extent deemed necessary by the Agency, including, but not limited to, vaccination and immunization requirements set forth in HHS policies MED-220 and 22-06 C, incorporated herein by reference, as amended. Compliance shall be a condition of performing services.

4. Ensure all personnel remain in compliance with standard confidentiality requirements and Agency policies and procedures, including any training deemed relevant by the Agency.

1.3.2 Performance Measures.

1. Perform services related to Section 1.3.1.1 Patient Nutrition within three (3) business days 98% of the time.

2. Attend 95% of scheduled workgroup or committee meetings relevant to nutrition care.

3. Respond to communications within the designated timeframes as stated in Deliverables 98% of the time.

4. Proctor ServSafe exams to Agency employees within thirty (30) days of request 98% of the time.

5. Prepare educational materials as described in Section 1.3.1.3 Agency Education on or before the tenth (10th) of each month 98% of the time.

6. Maintain 100% compliance with Section 1.3.1.5 Licensing and Agency Compliance.

1.3.3 Agency Responsibilities.

The Agency shall provide the Contractor with a secured laptop computer, login credentials, and access to all applications necessary to perform the services outlined in this RFP. The Contractor shall use the provided equipment solely for the purpose of fulfilling contractual obligations. Upon conclusion of services, the Contractor shall return the laptop computer and any other Agency-issued equipment in good working condition.

1.3.4 Contract Payment Methodology.

The Contractor shall be paid at an hourly rate for services provided. In the event the Contractor fails to meet one or more of the performance measures as outlined in Section 1.3.2, the Agency reserves the right to implement a corrective action plan and apply a ten percent (10%) deduction to the affected service period(s).

Section 2 Basic Information About the RFP Process

2.1 Issuing Officer.

The Issuing Officer is the sole point of contact regarding the RFP from the date of issuance until selection of the successful Bidder. The Issuing Officer for this RFP is:

Katelyn Meyers 1251 West Cedar Loop Cherokee, Iowa 51012 Phone: 712-225-6950 katelyn.meyers@hhs.iowa.gov

2.2 Restriction on Bidder Communication.

From the issue date of this RFP until announcement of the successful Bidder, the Issuing Officer is the point of contact regarding the RFP. There may be no communication regarding this RFP with any State employee other than the Issuing Officer, except at the direction of the Issuing Officer or as otherwise noted in the RFP. This section shall not be construed as restricting communications related to the administration of any contract currently in effect between a Contractor and the Agency.

The Issuing Officer will respond only to questions regarding the procurement process. Questions pertaining to the interpretation of this RFP may be submitted in accordance with the Questions, Requests for Clarification, and Suggested Changes section of this RFP.

2.3 Downloading the RFP from the Internet.

The RFP and any related documents such as amendments or attachments (collectively the “RFP”), and responses to questions will be posted at the State of Iowa’s website for bid opportunities:

http://bidopportunities.iowa.gov/. Check this website periodically for any amendments to this RFP. The posted version of the RFP is the official version. The Agency will only be bound by the official version of the RFP document(s). Bidders should ensure that any downloaded documents are in fact the most up to date and are unchanged from the official version.

2.4 Reserved. (Online Resources)

2.5 Intent to Bid.

The Agency requests that Bidders provide their intent to bid by email to the Issuing Officer by the date and time in the Procurement Timetable. The Bidder may wish to request confirmation of receipt of the email from the Issuing Officer to ensure delivery. Do not submit letters of intent by mail, shipping service, or hand delivery. The intent to bid should include the Bidder's name, contact person, mailing address, email address, telephone number, and a statement of intent to submit a bid in response to this RFP. Though it is not mandatory that the Agency receive an intent to bid, the Agency will only respond to questions about the RFP that have been submitted by Bidders who have expressed their intent to bid. The Agency may cancel an RFP for lack of interest based on the number of letters of intent to bid received.

2.6 Reserved. (Bidders’ Conference)

2.7 Questions, Requests for Clarification, and Suggested Changes.

Bidders who have provided their intent to bid on the RFP are invited to submit written questions, requests for clarifications, and/or suggestions for changes to the specifications of this RFP (hereafter “Questions”) by the due date and time provided in the Procurement Timetable. Bidders are not permitted to include assumptions in their Bid Proposals. Instead, Bidders shall address any perceived ambiguity regarding this RFP through the question and answer process. If the Questions pertain to a specific section of the RFP, the page and section number(s) must be referenced. Bidders shall submit http://bidopportunities.iowa.gov/ questions to the Issuing Officer by email. The Bidder may wish to request confirmation of receipt from the Issuing Officer to ensure delivery. Do not submit questions by mail, shipping service, or hand delivery.

Written responses to questions will be posted at http://bidopportunities.iowa.gov/ by the date provided in the Procurement Timetable.

The Agency assumes no responsibility for verbal representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP. In addition, the Agency’s written responses to Questions will not be considered part of the RFP. If the Agency decides to change the RFP, the Agency will issue an amendment.

2.8 Submission of Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal by the time and date specified in the Procurement Timetable at the address provided in the RFP for the Issuing Officer. The Agency will not waive this mandatory requirement. Any Bid Proposal received after this deadline will be rejected and will not be evaluated.

Bid Proposals are to be submitted in accordance with the Bid Proposal Formatting section of this RFP.

Bid Proposals may not be hand-delivered to the Issuing Officer. Rather, Bid Proposals are to be mailed through the postal service or shipping service.

2.9 Amendment to the RFP and Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal and any permitted amendments by the established deadlines at the address provided in the RFP for the Issuing Officer. Amendments must be received utilizing the same delivery method as set forth in the RFP for the submission of the original Bid Proposal.

Bidders may amend a previously submitted Bid Proposal at any time before the bid submission date and time. Any such amendment must be in writing and signed by the Bidder. The Bidder shall provide the same number of copies of the amended Bid Proposal as is required for the original Bid Proposal, for both hardcopy and electronic copies, in accordance with the Bid Proposal Formatting Section.

The Agency reserves the right to amend or provide clarifications to the RFP at any time. RFP amendments will be posted to the State’s website at http://bidopportunities.iowa.gov/. If an RFP amendment occurs after the closing date for receipt of Bid Proposals, the Agency may, in its sole discretion, allow Bidders to amend their Bid Proposals.

2.10 Withdrawal of Bid Proposal.

The Bidder may withdraw its Bid Proposal prior to the closing date for receipt of Bid Proposals by submitting a written request to withdraw signed by the Bidder, scanned, then emailed to the Issuing Officer. The Bidder should request confirmation of receipt of the email from the Issuing Officer to ensure delivery.

2.11 Costs of Preparing the Bid Proposal.

The costs of preparation and delivery of the Bid Proposal are solely the responsibility of the Bidder.

2.12 Rejection of Bid Proposals.

The Agency reserves the right to reject any or all Bid Proposals, in whole and in part, and to cancel this RFP at any time prior to the execution of a written contract. Issuance of this RFP in no way constitutes a commitment by the Agency to award or enter into a contract.

2.13 Review of Bid Proposals.

Only Bidders that meet the mandatory requirements and are not subject to disqualification will be considered for award of a contract.

2.13.1 Mandatory Requirements.

Bidders must meet these mandatory requirements or will be disqualified and not considered for award of a contract:

• The Issuing Officer must receive the Bid Proposal, and any amendments thereof, prior to or on the due date and time (See RFP Sections 2.8 and 2.9).

• The Bidder is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from receiving federal funding by any federal department or agency (See RFP Additional Certifications Attachment).

2.13.2 Reasons Proposals May be Disqualified.

Bidders are expected to follow the specifications set forth in this RFP. However, it is not the Agency’s intent to disqualify Bid Proposals that suffer from correctible flaws. At the same time, it is important to maintain fairness to all Bidders in the procurement process. Therefore, the Agency reserves the discretion to permit cure of variances, waive variances, or disqualify Bid Proposals for reasons that include, but may not be limited to, the following:

• Bidder initiates unauthorized contact regarding this RFP with employees other than the Issuing Officer (See RFP Section 2.2);

• Bidder fails to comply with the RFP’s formatting specifications so that the Bid Proposal cannot be fairly compared to other bids (See RFP Section 3.1);

• Bidder fails, in the Agency’s opinion, to include the content required for the RFP;

• Bidder fails to be fully responsive in the Bidder’s Approach to Meeting Deliverables Section, states an element of the Scope of Work cannot or will not be met, or does not include information necessary to substantiate that it will be able to meet the Scope of Work specifications (See RFP Section 3.2.3);

• Bidder’s response materially changes Scope of Work specifications;

• Bidder fails to submit the RFP attachments containing all signatures (See RFP Section 3.2.6);

• Bidder marks entire Bid Proposal confidential, makes excessive claims for confidential treatment, or identifies pricing information in the Cost Proposal as confidential (See RFP Section 3.1);

• Bidder includes assumptions in its Bid Proposal (See RFP Section 2.7); or

• Bidder fails to respond to the Agency’s request for clarifications, information, documents, or references that the Agency may make at any point in the RFP process.

• Bidder is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code §12J. This list is maintained by the Iowa Public Employees’ Retirement System. The list is currently found here: https://ipers.org/investments/restrictions.

The determination of whether or not to disqualify a proposal and not consider it for award of a contract for any of these reasons, or to waive or permit cure of variances in Bid Proposals, is at the sole discretion of the Agency. No Bidder shall obtain any right by virtue of the Agency’s election to not exercise that discretion. In the event the Agency waives or permits cure of variances, such waiver or cure will not modify the RFP specifications or excuse the Bidder from full compliance with RFP specifications or other contract requirements if the Bidder enters into a contract.

2.14 Bid Proposal Clarification Process.

The Agency may request clarifications from Bidders for the purpose of resolving ambiguities or questioning information presented in the Bid Proposals. Clarifications may occur throughout the Bid Proposal evaluation process. Clarification responses shall be in writing and shall address only the information requested. Responses shall be submitted to the Agency within the time stipulated at the occasion of the request.

2.15 Verification of Bid Proposal Contents.

The contents of a Bid Proposal submitted by a Bidder are subject to verification.

2.16 Reference Checks.

The Agency reserves the right to contact any reference to assist in the evaluation of the Bid Proposal, to verify information contained in the Bid Proposal, to discuss the Bidder’s qualifications, and/or to discuss the qualifications of any subcontractor identified in the Bid Proposal.

2.17 Information from Other Sources.

The Agency reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder’s capability and performance under other contracts, and the Bidder’s authority and ability to conduct business in the State of Iowa. Such other sources may include subject matter experts.

2.18 Criminal History and Background Investigation.

The Agency reserves the right to conduct criminal history and other background investigations of the Bidder, its officers, directors, shareholders, or partners and managerial and supervisory personnel retained by the Bidder for the performance of the resulting contract. The Agency reserves the right to conduct criminal history and other background investigations of the Bidder’s staff and subcontractors providing services under the resulting contract.

2.19 Disposition of Bid Proposals.

Opened Bid Proposals become the property of the Agency and will not be returned to the Bidder. Upon issuance of the Notice of Intent to Award, the contents of all Bid Proposals will be in the public domain and be open to inspection by interested parties subject to exceptions provided in Iowa Code chapter 22 or other applicable law.

2.20 Public Records and Request for Confidential Treatment.

Original information submitted by a Bidder may be treated as public information by the Agency following the conclusion of the selection process unless the Bidder properly requests that information be treated as confidential at the time of submitting the Bid Proposal. See the Bid Proposal Formatting Section for the proper method for making such requests. The Agency’s release of information is governed by Iowa Code chapter 22. Bidders are encouraged to familiarize themselves with Chapter 22 before submitting a Bid Proposal. The Agency will copy public records as required to comply with public records laws.

The Agency will treat the information marked confidential as confidential information to the extent such information is determined confidential under Iowa Code chapter 22 or other applicable law by a court of competent jurisdiction. However, the Bidder shall certify by signing and returning RFP Attachment B its understanding that any Agency references to Bid Proposal information marked confidential made during the evaluation process may become part of the public domain

In the event the Agency receives a request for information marked confidential, written notice shall be given to the Bidder seventy-two (72) hours prior to the release of the information to allow the Bidder to seek injunctive relief pursuant to Iowa Code § 22.5 or 22.8.

The Bidder’s failure to request confidential treatment of material pursuant to this section and the relevant law will be deemed, by the Agency and State personnel, as a waiver of any right to confidentiality that the Bidder may have had.

2.21 Copyrights.

By submitting a Bid Proposal, the Bidder agrees that the Agency may copy the Bid Proposal for purposes of facilitating the evaluation of the Bid Proposal or to respond to requests for public records.

By submitting a Bid Proposal, the Bidder acknowledges that additional copies may be produced and distributed, and represents and warrants that such copying does not violate the rights of any third party.

The Agency shall have the right to use ideas or adaptations of ideas that are presented in the Bid Proposals.

2.22 Release of Claims.

By submitting a Bid Proposal, the Bidder agrees that it shall not bring any claim or cause of action against the Agency based on any misunderstanding concerning the information provided herein or concerning the Agency's failure, negligent or otherwise, to provide the Bidder with pertinent information as intended by this RFP.

2.23 Reserved. (Presentations)

2.24 Notice of Intent to Award.

Notice of Intent to Award will be sent to all Bidders that submitted a Bid Proposal by the due date and time. The Notice of Intent to Award does not constitute the formation of a contract between the Agency and the apparent successful Bidder.

2.25 Acceptance Period.

The Agency shall make a good faith effort to negotiate and execute the contract. If the apparent successful Bidder fails to negotiate and execute a contract, the Agency may, in its sole discretion, revoke the Notice of Intent to Award and negotiate a contract with another Bidder or withdraw the RFP.

The Agency further reserves the right to cancel the Notice of Intent to Award at any time prior to the execution of a written contract.

2.26 Review of Notice of Disqualification or Notice of Intent to Award Decision.

Bidders may request reconsideration of either a notice of disqualification or notice of intent to award decision by submitting a written request to the Agency:

Bureau Chief c/o Bureau of Service Contract Support Department of Health and Human Services Lucas State Office Building 321 E 12th Street Des Moines, Iowa 50319-1002 email: reconsiderationrequest@hhs.iowa.gov

The Agency must receive the written request for reconsideration within five calendar days of the date of either a disqualification notice or a notice of intent to award, exclusive of Saturdays, Sundays, and legal state holidays. The written request may be emailed or delivered by postal service or other shipping service. Do not deliver any requests for reconsideration to the office in person. It is the Bidder’s responsibility to ensure that the request for reconsideration is received prior to the deadline.

Postmarking or submission to a shipping service by the due date shall not substitute for actual receipt of a request for reconsideration by the Agency.

The request for reconsideration shall clearly and fully identify all issues being contested by reference to the page and section number of the RFP. If a Bidder submitted multiple Proposals and requests that the Agency reconsider a notice of disqualification or notice of intent to award decision for more than one Proposal, a separate written request shall be submitted for each. At the Agency’s discretion, requests for reconsideration from the same Bidder may be reviewed separately or combined into one response. The Agency will expeditiously address the request for reconsideration and issue a decision.

The Bidder may choose to file an appeal with the Agency within five calendar days of the date of the decision on reconsideration, exclusive of Saturdays, Sundays, and legal state holidays, and in accordance with 441 Iowa Admin. Code Ch. 7.

2.27 Definition of Contract.

The full execution of a written contract shall constitute the making of a contract for services and no Bidder shall acquire any legal or equitable rights relative to the contract services until the contract has been fully executed by the apparent successful Bidder and the Agency.

2.28 Choice of Law and Forum.

This RFP and the resulting contract are governed by the laws of the State of Iowa without giving effect to the conflicts of law provisions thereof. Changes in applicable laws and rules may affect the negotiation and contracting process and the resulting contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought and maintained in the appropriate Iowa forum.

2.29 Restrictions on Gifts and Activities.

Iowa Code chapter 68B restricts gifts that may be given or received by state employees and requires certain individuals to disclose information concerning their activities with state government. Bidders must determine the applicability of this Chapter to their activities and comply with the requirements. In addition, pursuant to Iowa Code § 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.30 Exclusivity.

Any contract resulting from this RFP shall not be an exclusive contract.

2.31 No Minimum Guaranteed.

The Agency anticipates that the selected Bidder will provide services as requested by the Agency. The Agency does not guarantee that any minimum compensation will be paid to the Bidder or any minimum usage of the Bidder’s services.

2.32 Use of Subcontractors.

The Agency acknowledges that the selected Bidder may contract with third parties for the performance of any of the Contractor’s obligations. The Agency reserves the right to provide prior approval for any subcontractor used to perform services under any contract that may result from this RFP.

2.33 Bidder Continuing Disclosure Requirement.

To the extent that Bidders are required to report incidents when responding to this RFP related to damages, penalties, disincentives, administrative or regulatory proceedings, founded child or dependent adult abuse, or felony convictions, these matters are subject to continuing disclosure to the Agency. Incidents occurring after submission of a Bid Proposal, and with respect to the successful Bidder after the execution of a contract, shall be disclosed in a timely manner in a written statement to the Agency. For purposes of this subsection, timely means within thirty (30) days from the date of conviction, regardless of appeal rights.

Section 3 How to Submit A Bid Proposal: Format and Content Specifications These instructions provide the format and technical specifications of the Bid Proposal and are designed to facilitate the submission of a Bid Proposal that is easy to understand and evaluate.

3.1 Bid Proposal Formatting.

Subject Specifications Paper Size 8.5" x 11" paper (one side only). Charts or graphs may be provided on legal-sized paper.

Font Bid Proposals must be typewritten. The font must be 11 point or larger

(excluding charts, graphs, or diagrams). Acceptable fonts include Times New Roman, Calibri and Arial.

Page Limit Pages included in Proposal Tab 3 and any attachments the Bidder creates in a “Tab 3 Attachments” section is limited to 15 pages. See Section 3.2 for further information about Tab 3 Attachments.

Pagination All pages in Proposal Tabs 1-5 are to be sequentially numbered from beginning to end (do not number these Proposal sections independently of each other).

The contents in Proposal Tab 6 may be numbered independently of other sections.

Bid Proposal General Compositio n

• Bid Proposals shall be divided into two parts: Technical Proposal and Cost Proposal.

• Technical Proposals submitted in multiple volumes shall be numbered in the following fashion: 1 of 4, 2 of 4, etc.

• Bid Proposals must be bound and use tabs to label sections.

Envelope Contents and Labeling

• Envelopes shall be addressed to the Issuing Officer.

• The envelope containing the original Bid Proposal shall be labeled “original.”

The Technical and Cost Proposal must be packaged separately.

Number of Hard Copies

Submit one (1) original hard copy of the Proposal (separate Technical and Cost proposals). The original hard copy must contain original signatures.

USB Flash Drive

• The Technical Proposal and Cost Proposal must be provided on separate USB flash drives. Bidders shall submit one (1) flash drives, each with a copy identical to the content of the original hard copy of the Technical Proposal and one (1) flash drives of the Cost Proposal, each with a copy identical to the content of the original hard copy of the Cost Proposal.

• The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, saving, highlighting, or printing of the contents.

Request for Confidential Treatment

Requests for confidential treatment of any information in a Bid Proposal must meet these specifications:

• The Bidder will complete the appropriate section of the Primary Bidder Detail

Form & Certification which requires the specific statutory citation supporting the request for confidential treatment and an explanation of why disclosure of the information is not in the best interest of the public.

• The Bidder shall submit one complete paper copy of the Bid Proposal from which confidential information has been redacted. This copy shall be clearly

Subject Specifications labeled on the cover as a “public copy” and each page upon which confidential information appears shall be conspicuously marked as containing confidential information. The confidential material shall be redacted in such a way as to allow the public to determine the general nature of the material removed. To the extent possible, pages should be redacted sentence by sentence unless all material on a page is clearly confidential under the law. The Bidder shall not identify the entire Bid Proposal as confidential.

• The Cost Proposal will be part of the ultimate contract entered into with the successful Bidder. Pricing information may not be designated as confidential material. However, Cost Proposal supporting materials may be marked confidential if consistent with applicable law.

• The transmittal letter may not be marked confidential.

• The Bidder shall submit a USB flash drive containing an electronic copy of the

Bid Proposal from which confidential information has been redacted. This USB flash drive shall be clearly marked as a “public copy”.

• The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, saving, highlighting, or printing of the contents.

Exceptions to RFP/Contra ct Language

If the Bidder objects to any term or condition of the RFP or attached Sample Contract, specific reference to the RFP page and section number shall be made in the Primary Bidder Detail & Certification Form. In addition, the Bidder shall set forth in its Bid Proposal the specific language it proposes to include in place of the RFP or contract provision and cost savings to the Agency should the Agency accept the proposed language.

The Agency reserves the right to either execute a contract without further negotiation with the successful Bidder or to negotiate contract terms with the selected Bidder if the best interests of the Agency would be served.

3.2 Contents and Organization of Technical Proposal.

This section describes the information that must be in the Technical Proposal. Bid Proposals should be organized into sections in the same order provided here. Hard copies of Bid Proposals should use tabs to separate each section. If a Bidder chooses to provide information in attachments to respond to any section below, please create a new tabbed attachment section immediately behind the applicable section. For example, to add attachments related to information asked for in Section 3.2.3 Information to Include Behind Tab 3: Bidder’s Approach to Meeting Deliverables, the Bidder would create a new tab in the Technical Proposal that is called Tab 3 Attachments and place the attachment(s) there. The Bidder would follow suit by creating new tabbed sections for attachments created to respond to any other section below in their bid proposal

3.2.1 Information to Include Behind Tab 1:

Transmittal Letter.

The transmittal letter serves as a cover letter for the Technical Proposal. It must consist of an executive summary that briefly reviews the strengths of the Bidder and key features of its proposed approach to meet the specifications of this RFP.

3.2.2 Information to Include Behind Tab 2: Proposal Table of Contents.

The Bid Proposal must contain a table of contents.

3.2.3 Information to Include Behind Tab 3: Bidder’s Approach to Meeting Deliverables.

The Bidder shall address each Deliverable that the successful contractor will perform as listed in Section 1.3, Scope of Work, by first restating the Deliverable from the RFP and then detailing the Bidder’s planned approach to meeting each contractor Deliverable immediately after the restated text.

Bid responses should provide sufficient detail so that the Agency can understand and evaluate the Bidder’s approach, and should not merely repeat the Deliverable.

Bidders are given wide latitude in the degree of detail they offer or the extent to which they reveal plans, designs, examples, processes, and procedures. Bidders do not need to address any responsibilities that are specifically designated as Agency responsibilities.

Note:

• Responses to Deliverables shall be in the same sequence as presented in the RFP.

• Bid Proposals shall identify any deviations from the specifications the Bidder cannot satisfy.

• Bid Proposals shall not contain promotional or display materials unless specifically required.

If a Bidder proposes more than one method of meeting the RFP requirements, each method must be drafted and submitted as separate Bid Proposals. Each will be evaluated separately.

3.2.4 Information to Include Behind Tab 4: Bidder’s Experience.

3.2.4.1 Level of technical experience in providing the types of services sought by the RFP.

3.2.4.2 Description of all services similar to those sought by this RFP that the Bidder has provided to the Agency and other businesses or governmental entities within the last twenty-four (24) months.

3.2.4.3 Letters of reference from three (3) of the Bidder’s previous clients knowledgeable of the Bidder’s performance in providing services similar to those sought in this RFP, including a contact person, telephone number, and email address for each reference. It is preferred that letters of reference are provided for services that were procured in a competitive environment. Form letters of reference that do not elaborate on the Bidder’s performance under the specific relationships addressed in the reference letter may negatively impact the Bidder’s evaluation/score. Persons who are currently employed by the Agency are not eligible to be references.

3.2.4.4 Description of experience managing subcontractors, if the Bidder proposes to use subcontractors.

3.2.5 Information to Include Behind Tab 5: Personnel.

The Bidder shall provide the following information regarding personnel:

3.2.5.1 Tables of Organization.

Illustrate the lines of authority in two tables:

• One showing overall operations

• One showing staff who will provide services under the RFP

3.2.5.2 Reserved. (Names and Credentials of Key Corporate Personnel)

3.2.5.3 Information About Project Manager and Key Project Personnel.

• Include names and credentials for the project manager and any additional key project personnel who will be involved in providing services sought by this RFP. Include resumes for these personnel. The resumes shall include: name, education, and years of experience and employment history, particularly as it relates to the scope of services specified herein.

Resumes shall also include the percentage of time the person would be specifically dedicated to this project on a monthly basis, if the Bidder is selected as the successful Bidder. Resumes should not include social security numbers.

• Include the project manager’s experience managing subcontractor staff if the Bidder proposes to use subcontractors.

3.2.5.4 Disclosures.

List any details of whether the Bidder or any owners, officers, primary partners, staff providing services or any owners, officers, primary partners, or staff providing services of any subcontractor who may be involved with providing the services sought in this RFP, have ever had a founded child or dependent adult abuse report, or been convicted of a felony.

3.2.6 Information to Include Behind Tab 6: RFP Forms.

The forms listed below are attachments to this RFP. Fully complete and return these forms behind Tab 6:

• Release of Information Form

• Primary Bidder Detail & Certification Form

• Subcontractor Disclosure Form (one for each proposed subcontractor)

3.2.7 Reserved. (Financial Statements)

3.3 Cost Proposal.

Content and Format.

The Bidder shall provide the following information in the Cost Proposal:

The bidder's Cost Proposal shall be submitted using the pricing worksheet set forth in Attachment E Cost Proposal Worksheet of this RFP.

Section 4 Evaluation Of Bid Proposals

4.1 Introduction.

This section describes the evaluation process that will be used to determine which Bid Proposal provides the greatest benefit to the Agency. When making this determination, the Agency will not necessarily award a contract to the Bidder offering the lowest cost to the Agency or to the Bidder with the highest point total. Rather, a contract will be awarded to the Bidder that offers the greatest benefit to the Agency.

4.2 Evaluation Committee.

The Agency intends to conduct a comprehensive, fair, and impartial evaluation of Bid Proposals received in response to this RFP. In making this determination, the Agency will be represented by an evaluation committee.

4.3 Proposal Scoring and Evaluation Criteria.

The evaluation committee will use the method described in this section to assist with initially determining the relative merits of each Bid Proposal.

Scoring Guide.

Points will be assigned to each evaluation component as follows, unless otherwise designated:

Technical Proposal Components.

When Bid Proposals are evaluated, the total points for each component are comprised of the component’s assigned weight multiplied by the score the Bid Proposal earns. Points for all components will be added together. The evaluation components, including maximum points that may be awarded, are as follows:

4 Bidder has agreed to comply with the requirements and provided a clear and compelling description of how each requirement would be met, with relevant supporting materials. Bidder’s proposed approach frequently goes above and beyond the minimum requirements and indicates superior ability to serve the needs of the Agency.

3 Bidder has agreed to comply with the requirements and provided a good and complete description of how the requirements would be met. Response clearly demonstrates a high degree of ability to serve the needs of the Agency.

2 Bidder has agreed to comply with the requirements and provided an adequate description of how the requirements would be met. Response indicates adequate ability to serve the needs of the Agency.

1 Bidder has agreed to comply with the requirements and provided some details on how the requirements would be met. Response does not clearly indicate if all the needs of the Agency will be met.

0 Bidder has not addressed any of the requirements or has provided a response that is limited in scope, vague, or incomplete. Response did not provide a description of how the Agency’s needs would be met.

Technical Proposal Components

Weight Score (0-4) Potential Maximum Points

Bidder’s Approach to Meeting Deliverables Patient Nutrition, Section 1.3.1.1 37.5 150

Agency Consultation, Section 1.3.1.2 18.75 75

Agency Education, Section 1.3.1.3 18.75 75

Dietary Performance Monitoring, Section

1.3.1.4

37.5 150

Licensing and Agency Compliance, Section

1.3.1.5 10 40

Bidder’s Experience Level of Technical

Experience in Providing the Types of Services Sought by the RFP, Section 3.2.4.1

5 20

Description of All Services Similar to This RFP That Bidder Has

Provided, Section 3.2.4.2, AND Letters of

Reference, Section

3.2.4.3, AND

Description of

Experience Managing Subcontractors, Section

3.2.4.4

10 40

Personnel Personnel, Section

3.2.5 12.5 50

Scoring of Cost Proposal Pricing.

Cost Proposal pricing will be scored based on a ratio of the lowest Cost Proposal versus the cost of each higher priced Bid Proposal. Under this formula, the lowest Cost Proposal receives all of the points assigned to pricing. A Cost Proposal twice as expensive as the lowest Cost Proposal would earn half of the available points. The formula is:

Weighted Cost Score = (price of lowest Cost Proposal/price of each higher priced Cost Proposal) X (points assigned to pricing)

Total Points Assigned to Pricing: 400.

Total Points Possible for Technical and Cost Proposals: 1,000

4.4 Recommendation of the Evaluation Committee.

The evaluation committee shall present a final ranking and recommendation(s) to the Superintendent for consideration. In making this recommendation, the committee is not bound by any scores or scoring system used to assist with initially determining the relative merits of each Bid Proposal. This recommendation may include, but is not limited to, the name of one or more Bidders recommended for selection or a recommendation that no Bidder be selected. The Superintendent shall consider the committee’s recommendation when making the final decision, but is not bound by the recommendation.

Attachment A: Release of Information (Return this completed form behind Tab 6 of the Bid Proposal.)

_________________________________ (name of Bidder) hereby authorizes any person or entity, public or private, having any information concerning the Bidder’s background, including but not limited to its performance history regarding its prior rendering of services similar to those detailed in this RFP, to release such information to the Agency.

The Bidder acknowledges that it may not agree with the information and opinions given by such person or entity in response to a reference request. The Bidder acknowledges that the information and opinions given by such person or entity may hurt its chances to receive contract awards from the Agency or may otherwise hurt its reputation or operations. The Bidder is willing to take that risk. The Bidder agrees to release all persons, entities, the Agency, and the State of Iowa from any liability whatsoever that may be incurred in releasing this information or using this information.

Printed Name of Bidder Organization

Signature of Authorized Representative Date

Printed Name

Attachment B: Primary Bidder Detail & Certification Form (Return this completed form behind Tab 6 of the Proposal. If a section does not apply, label it “not applicable”.)

Primary Contact Information (individual who can address issues re: this Bid Proposal) Name:

Address:

Tel:

Fax:

E-mail:

Primary Bidder Detail Business Legal Name (“Bidder”):

“Doing Business As” names, assumed names, or other operating names:

Parent Corporation Name and Address of Headquarters, if any:

Form of Business Entity (i.e., corp., partnership, LLC, etc.):

State of Incorporation/organization:

Primary Address:

Tel:

Local Address (if any):

Addresses of Major Offices and other facilities that may contribute to performance under this RFP/Contract:

Number of Employees:

Number of Years in Business:

Primary Focus of Business:

Federal Tax ID:

Bidder’s Accounting Firm:

If Bidder is currently registered to do business in Iowa, provide the Date of Registration:

Do you plan on using subcontractors if awarded this Contract? {If “YES,” submit a Subcontractor Disclosure Form for each proposed subcontractor.}

(YES/NO)

Request for Confidential Treatment (See Section 3.1)

Check Appropriate Box:

Bidder Does Not Request Confidential Treatment of Bid Proposal Bidder Requests Confidential Treatment of Bid Proposal

Location in Bid Proposal

(Tab/Page)

Specific Grounds in Iowa Code Chapter

22 or Other Applicable Law Which Supports Treatment of the Information as Confidential

Justification of Why Information Should Be Kept in Confidence and Explanation of Why Disclosure

Would Not Be in The Best Interest of the Public

Exceptions to RFP/Contract Language (See Section 3.1)

RFP

Section and Page

Language to Which Bidder

Takes Exception Explanation and Proposed Replacement Language:

Cost Savings to the Agency if the Proposed Replacement Language is Accepted

PRIMARY BIDDER CERTIFICATIONS

1. BID PROPOSAL CERTIFICATIONS. By signing below, Bidder certifies that:

1.1 Bidder specifically stipulates that the Bid Proposal is predicated upon the acceptance of all terms and conditions stated in the RFP and the Sample Contract without change except as otherwise expressly stated in the Primary Bidder Detail & Certification Form. Objections or responses shall not materially alter the RFP.