USDA RFP 24-USDA03 DAIRY.pdf

REQUEST FOR PROPOSALS

Solicitation No: 24-USDA03

For the Provision of

USDA Nutrition Services Dairy Products

RFP Closing:

August 16th, 2024 at 2:00 PM Pacific Standard Time

Single Point of Contact (SPC): Greg Tomlinson, Procurement & Contracts Manager

Oregon Child Development Coalition

9140 SW Pioneer Ct Ste E

Wilsonville, OR 97070

July 24th, 2024

Questions must be submitted in writing via email to:

rfp@ocdc.net

Deadline for Questions: August 9th, 2024 at 3:30 PM Pacific Standard Time mailto:rfp@ocdc.net

Central Office Procurement and Contracts Department

9140 SW Pioneer Ct, Ste E Wilsonville, OR 97070

REQUEST FOR PROPOSAL (RFP)

Solicitation No: 24-USDA03

SUMMARY

The purpose of this Request for Proposals (Solicitation) is to obtain competitive Proposals form qualified Proposers interested in the provision of Dairy Products.

Interested Proposers must submit a Proposal pursuant to the provisions of this Solicitation by email only to: rfp@ocdc.net

NOT LATER THAN:

SOLICITATION DUE DATE AND TIME (CLOSING):

August 16th, 2024 at 2:00 PM Pacific Standard Time

No public opening will occur. Proposals will be opened and recorded. Subject to public records laws, the contents of any Proposal will not be disclosed to the public until a notice of Intent To Award has been issued or the Solicitation is cancelled after opening Proposals.

Proposers are solely responsible for ensuring that the Oregon Child Development Coalition receives its Proposal.

LATE PROPOSALS WILL NOT BE ACCEPTED.

Prospective Proposers must register with Oregon Buys – http://oregonbuys.gov/ to obtain the solicitation and addendum documents.

All questions and comments regarding this solicitation must be directed ONLY BY EMAIL to: rfp@ocdc.net

PROPOSALS MUST BE PURSUANT TO THE PROVISIONS OF THIS SOLICITATION.

THE COALITION MAY REJECT ANY PROPOSAL NOT IN COMPLIANCE WITH ALL PRESCRIBED REQUIREMENTS.

mailto:rfp@ocdc.net http://oregonbuys.gov/ mailto:rfp@ocdc.net

Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited form discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political belief, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202_ 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.

Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:

program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

mailto:program.intake@usda.gov

Table of Contents

1 SECTION: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (“SPC”)

2 SECTION: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITIONS OF TERMS

2.3 SOLICITATION REVIEW

2.4 OVERVIEW AND PURPOSE

2.4.1 Agency Overview and Background

2.4.2 Project Overview, Background and Purpose

2.5 SCOPE OF WORK/SPECIFICATIONS

2.5.1 PRODUCTS

2.5.2 ORDERING

2.5.3 DELIVERY

2.5.4 PRICING AND INVOICING

2.5.5 SERVICE LEVEL/ACCOUNT MANAGEMENT

2.5.6 ADDITIONAL REQUIREMENTS

3 SOLICITATION PROCESS

3.1 PUBLIC NOTICE

3.2 PRE-PROPOSAL CONFERENCE

3.3 QUESTIONS/REQUESTS FOR CLARIFICATIONS

3.4 SOLICIATION PROTESTS

3.4.1 Protests to Amendment(s)

3.4.2 Requirements for Protests

3.5 PROPOSAL DELIVERY OPTIONS

3.6 PROPOSAL MODIFICAITON OR WITHDRAWAL

3.7 PROPOSAL DUE

3.8 PUBLIC OPENING

3.9 PROPOSAL REJECTION

4 SECTION: PROPOSAL REQUIREMENTS

4.1 MINIMUM SUBMISSION REQUIREMENTS

4.1.1 Introduction

4.1.2 Proposal Page Limits

4.1.3 Proposal Format and Quantity

4.1.4 Insurance Requirements

4.1.5 Taxpayer Identification Number

4.1.6 Business Registry

4.1.7 Authorized Representative

4.2 DETAILED PROPOSAL CONTENT REQUIREMENTS

4.2.1 Price Schedule

4.2.2 Price Per Case For Receipt, Storage, Inventorying, Delivery of USDA foods (400 points possible)

4.2.3 Customer Service (50 points possible)

4.2.4 Ability to Meet Delivery Requirements (50 points possible)

4.2.5 Health Inspection Report (25 points possible)

4.2.6 HACCP, Food Safety and Security Principles (25 points possible)

4.2.7 Product Recall Policy and Procedures (25 points possible)

4.2.8 References (30 points possible)

4.2.9 History and Capabilities (35 points possible)

4.2.10 Sustainability (25 points possible)

4.2.11 Completeness and Organization of the Proposal

4.2.12 Commitment to Diversity, Equity, and Inclusion (25 points possible)

4.3 EVALUATION PROCESS

4.3.1 Responsiveness and Responsibility Determination

4.3.2 Evaluation Criteria

4.3.3 Ranking of Proposers

5 SECTION: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

5.1.2 Intent to Award Notice

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

5.2.2 Response to Protest

5.3 CONTRACT/PRICE AGREEMENT NEGOTIATION

5.3.1 Negotiation

5.3.2 Contractor Selection Methodology

1 SECTION: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon Child Development Coalition, (“OCDC”), is issuing this Request for Proposal (“RFP”) under the requirements of the United States Department of Agriculture (“USDA”) Child and Adult Care Food Program (“CACFP”) and in compliance with 2 CFR part 200 for the provision of dairy products to be used in the production of meals in our Head Start Centers from October 1st, 2024 through September 30th, 2025.

OCDC anticipates the award of multiple Contracts from this RFP.

The initial term of the Contract is anticipated to be 1 year with options to renew up to a cumulative maximum of 3 years.

OCDC may issue purchase orders pursuant to this RFP up to one year from the effective date of the Contract.

Any purchases under the awarded Contract must be authorized by purchase orders issued by OCDC in accordance with the ordering procedures described in the EXHIBIT 3 – SAMPLE PRICE AGREEMENT.

Proposers are advised that there is no guarantee of any specific amount of purchases under the Contract.

Notwithstanding the award of a Contract, OCDC may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Standard Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due August 1st, 2024 4:00 PM PST

Answers to Questions / Requests for Clarification Issued (approx.) August 7th, 2024 4:00 PM PST

RFP Protest Period Ends August 9th, 2024 4:00 PM PST

Opening (Proposal Due) August 16th, 2024 2:00 PM PST

Opening of Proposal August 16th, 2024 2:30 PM PST

Presentations, Demonstrations, or Interviews August 20th, 2024

Issuance of Notice of Intent to Award (approx.) August 21st, 2024 10:00 AM PST

Award Protest Period Ends August 28th, 2024

1.3 SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

2 SECTION: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OCDC is issuing this RFP pursuant to its requirements under 45 CFR § 75 and Head Start Program Performance Standards 1302.44 Child Nutrition.

OCDC is using the Procurement by Small Purchase Procedure, pursuant to 45 CFR § 75.329 and in accordance with 2 CFR § 200.320 and USDA Policy Memo SP 16-2006.

2.2 DEFINITIONS OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110.

2.3 SOLICITATION REVIEW

Proposers must carefully review the Solicitation documents and are responsible for comprehending and adhering to all terms and conditions. Any defects, ambiguities, omissions, or errors should be brought to OCDC’s attention by protest process outlined in Section 5.2.1 Protest Submission, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be received favorable consideration.

2.4 OVERVIEW AND PURPOSE

2.4.1 Agency Overview and Background

The Oregon Child Development Coalition is a private, non-profit organization governed by a volunteer Board of Directors. OCDC was founded in 1971, prompted by the collaborative response to a tragic farm accident involving the death of a young child. Prior to this, the care and needs of children of migrant farmworkers was incredibly difficult, as their parents were working all day in the fields. The children either accompanied their parents or were left with older siblings for up to 12 hours a day.

Local volunteers in various communities across the state decided to change this intolerable situation by providing childcare. When state and federal funding were sought, these communities banded together and formed a coalition. In the many years that have passed since the organization’s founding, OCDC has evolved into one of the largest early childhood care and education services providers in Oregon, not to mention the state’s 6th largest non-profit organization. Each year the Oregon Child Development Coalition serves over 4,000 children and families across 30 sites in 15 Oregon counties. Honoring our roots and looking confidently into the future, we remain committed to excellence around providing early childhood care and education opportunities to children and families to promote growth and independence.

2.4.2 Project Overview, Background and Purpose

OCDC provides annually approximately 580,120 meals consisting of breakfast, lunch and afternoon snacks in accordance with CACFP requirements. This Solicitation is for retaining a year-round distributor for the provision of dairy products to be used in the production of these meals in our Head Start Centers.

Proposers will distribute the commodity dairy products to OCDC kitchen locations, currently 23, on a per order basis as products are needed (see EXHIBIT 2 DELIVERY LOCATION INFORMATION). Locations are designated by Regions allowing for the opportunity for regional suppliers to participate.

2.5 SCOPE OF WORK/SPECIFICATIONS

2.5.1 PRODUCTS

A. Food products and estimated annual quantities are located in ATTACHMENT G – PRICE SCHEDULE.

Proposers must quote prices for each item listed, including extended prices based upon expected quantities. If a product is not available in the same unit of measurement indicated, please provide an alternative with appropriate calculations for the desired annual quantity.

B. All food items shall be considered creditable towards USDA meal pattern requirements and adhere to Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (89 FR 31962, April 25, 2024). (See EXHIBIT 4 – USDA FNS Memo CACFP 07-2024)

C. Proposers will be required to supply samples of any products during the evaluation process without charge to OCDC. Samples will not be returned to Proposers.

2.5.2 ORDERING

A. The Proposer is required to maintain a toll-free number for ordering, inquiries, and customer service in addition to a 24-hour accessible website for order placement and delivery tracking.

i. Integration through punch-out with OCDC’s accounting software Workday, once implemented, is highly sought.

B. The Proposer will provide an immediate acknowledgement of confirmation following any request to place an order. The acknowledgement will be submitted by email, regardless of what method was used to place the order.

C. The OCDC Buyer must be notified if an item is not available at the time the order is placed and presented with an option of an approved replacement of an equal or better-quality item at no additional cost.

D. No back-ordered items are permitted.

E. The Proposer must not set order minimum in dollar amounts or quantities.

2.5.3 DELIVERY

A. The Proposer shall deliver food products and related items for use at OCDC Center locations (see

EXHIBIT 2 DELIVERY LOCATION INFORMATION).

B. Deliveries shall comply with OCDC requirements specific to schedule, quality and volume of the items ordered. OCDC reserves the right to approve or reject any changes in the time and days of deliveries.

C. Multiple delivery locations require twice-a-week delivery. The Proposer must not limit the number of sites requiring twice weekly delivery.

D. The Proposer must make provisions for off-scheduled delivery days around OCDC closures due to holidays, non-student days, or inclement weather events. These off-scheduled delivery days will be agreed upon by OCDC and the Proposer and unless agreed to by OCDC, must occur within 2 days, before or after, the normally scheduled delivery for the impacted site.

E. No drop ships are permitted.

2.5.4 PRICING AND INVOICING

A. Prices shall reflect cost plus handling fee. Cost to OCDC is defined as the cost of supplies purchased plus transportation costs minus discounts, promotional allowances or manufacturer rebates plus handling fee. The cost of delivery to OCDC is to be included in the handling fee. Net delivered cost to OCDC shall always be based on the true and current cost of the product delivered at the time of delivery. The handling fee shall remain the same throughout the Contract period.

B. Proposer shall honor pricing provided in response to the RFP for the entire length of the Contract.

Thereafter, prices may be changed at time of Contract renewal to reflect any necessary adjustments.

C. Under no circumstances will OCDC’s prices be increased should quantities fall short or exceed usage estimates provided. Quantities stated are estimates only and are not commitments to buy.

D. All sales slips must be signed by the delivery person and receiving agent at each OCDC delivery location.

E. Invoices shall be provided electronically to the OCDC Accounts Payable Department and payment terms shall be Net 30, unless negotiated otherwise in the Contract.

F. Credit for non-received product(s) must be issued within 2 business days.

2.5.5 SERVICE LEVEL/ACCOUNT MANAGEMENT

A. The Proposer shall provide an Account Manager for OCDC to coordinate implementation and management of the agreed upon terms and conditions of the awarding Contract. The Account Manager will be accessible during regular business hours in the event of an emergency and meet with OCDC stakeholders quarterly to discuss issues of concern and review of account activity.

B. The Proposer must provide OCDC by 5:00 PM PST Friday of the first full week of each month, a report of billed activity for the previous month with detail of shipping site and products ordered.

C. OCDC reserves the right to cancel the Contract with 30 days written notice at any time if it deems the Proposer has repeatedly failed to perform its obligation to the standards agreed upon in the Contract and/or loses governmental funding.

D. The Proposer is considered to be failing to perform its obligation for any of the following:

i. Multiple deliveries missed, late, or incomplete.

ii. Repeated instances of food products that arrive spoiled, damaged, or are of substandard quality.

iii. Excessive numbers of product substitutions (“excessive” to be determined by OCDC and agreed upon in the Contract terms).

iv. Prices of a significant number of items delivered increased beyond the agreed upon pricing in the

Contract.

v. Failure to provide adequate service to OCDC in responding to problems and resolving them within 24 hours.

vi. Any other substantial failure to meet the goals of this RFP.

2.5.6 ADDITIONAL REQUIREMENTS

A. Responses will only be considered from Proposers organized primarily for the purpose of providing perishable foods and beverages, with a record of successful operation. Experiences servicing organizations similar in scope to OCDC. Only Proposals will be accepted directly from food distributors or organizations, such as Group Purchasing Organizations, that have direct contractual relationship with each manufacturer.

B. Provide three references, including both email and phone contact information, of organizations that can speak to the Proposer’s ability to perform the requirements of the Contract. The attached reference form must be completed (ATTACHMENT F – PROPOSER REFERENCE FORM). It is the Proposer’s responsibility to provide valid reference information and OCDC reserves the right to use reference check responses in its evaluation of Proposals.

3 SOLICITATION PROCESS

3.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to Prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

3.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

3.3 QUESTIONS/REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to be the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number);

and https://oregonbuys.gov/

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

3.4 SOLICIATION PROTESTS

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract/Price Agreement. This is Prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

3.4.1 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. PST on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered.

Protests of matters not added or modified by the Amendment will not be considered.

3.4.2 Requirements for Protests

All protests must:

• Be delivered to the SPC via email, or hard copy;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o The grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and;

o Evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the schedule section 1.2.

Protests to an Amendment must be received by the due date identified in the Amendment.

3.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. OCDC is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

• Delivery through OregonBuy:

o Proposal submission should be electronically through OregonBuys: at OregonBuys.gov

• Alternative Delivery Option: Delivery through Mail or Parcel Carrier:

o A Proposal may be submitted through the mail or via parcel carrier and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

• Alternative Delivery Option: Delivery in Person:

o A Proposal may be hand delivered and must be clearly labeled and submitted in a sealed envelope, package or box. A Proposal will be accepted, prior to Opening, during OCDC’s normal Monday-

Friday business hours of 8:00 a.m. to 5:00 p.m. Pacific Standard Time, except during Federal holidays and other times when OCDC is closed. The outside of the sealed submission must clearly identify the Proposer’s name and the bid number assigned to the RFP by OregonBuys. It must be delivered to the attention of the SPC at the address listed on the Cover Page.

3.6 PROPOSAL MODIFICAITON OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in section 3.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an Authorized Representative of its intent to withdraw to the SPC via email, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

3.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

3.8 PUBLIC OPENING

A public Opening will NOT be held. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.9 PROPOSAL REJECTION

OCDC may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedure and requirements, including but not limited to the requirement that Proposer’s Authorized Representative sign the Proposal;

• Proposer has liquidated and delinquent debt owed to the Federal Government, State or any department or agency;

• Proposer fails to meet the responsibility requirements of ORS 279B.110;

• Proposer makes any contact regarding this RFP with OCDC representative such as employees or officials other than the SPC or person authorized by the SPC, or inappropriate contact with the SPC;

• Proposer attempts to influence a member of the Evaluation Committee;

• Proposer is conditioned on OCDC acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4 SECTION: PROPOSAL REQUIREMENTS

4.1 MINIMUM SUBMISSION REQUIREMENTS

4.1.1 Introduction

This section describes the mandatory format for the presentation of a Proposal in response to this RFP. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to provide any information requested in this RFP may result in rejection of the Proposal.

4.1.2 Proposal Page Limits

Proposer’s submitted Proposal must contain each of the following elements:

• Should be submitted in searchable MS Word/PDF format. Elaborate artwork and visuals are not necessary. Any MS Excel attachments may be submitted in MS Excel format. Brochures or other promotional presentations beyond that sufficient to present a complete and effective Proposal are not desired.

• The Proposer’s response is limited to 25 digital pages. This page limit is limited to the Proposer’s response to the detailed Proposal content requirements found in Section 4.2 below, unless specific items required therein are exempted from this page restriction (e.g., insurance forms). It is important to note that the page limit does not include Attachment A through N or the evaluation section. Should a Proposal exceed the specified page limit, OCDC reserves the right to consider excluding pages, starting with the last page of the submission and continuing until the 25-page threshold is met. In the event that this action is taken, it will be applied uniformly to all Proposals that exceed the established page limit.

• Proposal should be organized in the order items appear in the below section number 4.2 Detailed Proposal Content Requirements.

4.1.3 Proposal Format and Quantity

Proposers must present a Proposal containing the specific information requested and submit all attachments as required on the ATTACHMENT - PROPOSAL SUBMISSION CHECKLIST.

Proposers are cautioned to provide their Proposals, in a brief and concise manner, as much detail as possible pertaining to their capabilities and experience in providing the services requested in this RFP. Do not assume OCDC has any prior knowledge of the Proposer.

Proposal should follow the format and reference the section listed in the Detailed Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the goods to be provided or the services to be performed or both.

A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising materials in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising materials may receive a lower evaluation score if required information is difficult to locate.

OregonBuys Electronic Response. Preferred method is for Proposer to submit its Proposal electronically through OregonBuys.

The Price Proposal must be submitted as a separate electronic response file.

Proposers shall submit one copy of its Proposal and all other submittal requirements, with ATTACHMENT A – PROPOSER CERTIFICATION bearing the Proposer’s Authorized Representative’s signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

The PROPOSER CERTIFICATION -ATTACHMENT A must bear the Proposer’s Authorized Representative’s signature.

The following do NOT count towards the total Proposal page count:

4.1.3.1 Proposal Certification

Identify on ATTACHMENT A – PROPOSER CERTIFICATION whether the:

1. Proposer is/is not a “resident Proposer”, as defined in ORS 279A.120(1);

2. Provide certification of nondiscrimination in obtaining ay required subcontractors in accordance ORS 279A.110(4); and

3. Provide Written acknowledgement of receipt of all Addenda.

4.1.4 Insurance Requirements

A. Provide a statement of agreements to the insurance clause in EXHIBIT 3 SAMPLE PRICE

AGREEMENT.

4.1.5 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and back-up withholding status on a completed W-9 form.

4.1.6 Business Registry

Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract/Price Agreement.

Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry Information.

4.1.7 Authorized Representative

Failure of Proposer’s Authorized Representative to sign the Proposal may result in rejection of the Proposal by OCDC.

4.2 DETAILED PROPOSAL CONTENT REQUIREMENTS

To be considered for evaluation, Proposal must contain each of the following elements.

4.2.1 Price Schedule

A. Proposer must use the provided FOOD PRODUCTS LIST - EXHIBIT 1 and must complete the

PRICE SCHEDULE – ATTACHMENT G in Microsoft Excel file format. Additional notes may be made at the bottom of the schedule by the Proposer if necessary.

B. The pricing assessment for this RFP will involve a comparative evaluation of all responsive Proposals received. The Proposal that demonstrates the most competitive overall total price, as determined by OCDC will be awarded maximum points. To ensure fairness, the pricing scores of all Proposals will be proportionally evaluated against the lowest cost Proposal to determine their respective point allocations.

http://sos.oregon.gov/business/pages/register.aspx

C. In the event of a difference between written words and figures, the amount stated in written word shall govern. In the event of a difference between a unit price and the extended price, the unit price shall govern.

1. Pricing must consist of:

i. The manufacturer’s pricing to the Proposer, net of all discounts, rebates, etc.

ii. The Proposer’s mark-up shall be added to the manufacture’s pricing totaling the price per item OCDC will be charged.

iii. Pricing must be exclusive of federal, state, and local taxes. If the Proposer believes that certain taxes are payable by OCDC, the Proposer may list such taxes separately ,directly next to the unit price for the affected item.

2. All Proposed pricing must be -Free-on-Board (FOB) to OCDC.

3. Pricing will be compared among all responsive Proposals submitted.

i. All products extended prices will be summed. The Proposal with the lowest sum of extended prices will be awarded the maximum points available under this section.

ii. Each Proposal will be awarded a portion of the maximum points available under this section. The portion of the points awarded will be based on how much higher each Proposal’s sum of extended prices is than that of the lowest responsive Proposal.

Higher priced Proposals will receive a smaller portion of the maximum available points than lower priced Proposals.

D. Specifications. The specifications contained herein reflect items that have been purchased in the past or are of known quality and acceptable to OCDC. See EXHIBIT 1 – PRODUCT LIST for specifications pertaining to each item. General specifications for all items are located in Section 2.4 – Scope of Work. When manufacturer’s names, item numbers, trade names, make, model, or catalog numbers are used in the specification, they are for the purpose of describing and establishing general product attributes and quality levels. Such references are not intended to be restrictive. Where noted “or equal” in the Price Schedule, equivalent products may be proposed.

1. Only 1 item per proposal item may be submitted for evaluation.

2. Submitting more than 1 product request per Price Schedule product may result in rejection of the Proposal.

3. Proposers MUST propose on all products.

i. Proposals that do not include all products may be found non-responsive.

4. Instruction and explanation of the Price Schedule.

i. OCDC Price Schedule Category Name: Category grouping used by OCDC.

ii. Item: The name used by OCDC to identify the individual item.

iii. Specification: The specification for the individual item.

iv. Specified Brand/Item: The pre-approved Proposal item’s brand and manufacturer’s code.

v. Pack Size: The pre-approved pack size.

vi. OCDC Est Usage 24-25: Estimated usage for the 24-25 contract year.

vii. Brand: Brand being Proposed.

viii. Manufacturer’s Product Code: Manufacturer’s product code of the brand being Proposed.

ix. Distributor’s Code: The number by which OCDC would use to place orders if the

Proposer was awarded the Contract.

x. Pack Size: How the product is being packaged.

• Example: 4/10 lb.

• Example: 500 ea.

• Example: 160/1 oz

xi. Manufacturers Cost: the amount the Proposer will pay the manufacturer, net of all discounts, and incentives the Proposer will receive.

xii. Mark Up/Fixed Fee Per Case: the dollar amount the Proposer will be adding to the Manufacturer’s Cost. Cannot be a percentage. This does NOT have to be the same for all items.

xiii. Total Cost per Pack: the sum of the manufacturer’s Cost and the Fixed Fee Cost. This is what OCDC will pay the awarded Proposer per case.

xiv. Oregon Item (Y): Identify any food item grown or processed in the State of Oregon by marking “Y”. Leave blank if the item is not produced in Oregon.

4.2.2 Price Per Case For Receipt, Storage, Inventorying, Delivery of USDA foods (400 points possible)

A. Pages do NOT count towards the total Proposal page count.

B. Proposer must use attachment – PRICE SCHEDULE – ATTACHMENT G to indicate a fixed fee per case for receipt, storage, inventorying, and delivery of OCDC’s USDA Foods items. A list of current items and estimated yearly volumes are detailed in the Exhibit – OCDC Estimated USDA Foods Products for 2024-2025.

C. The lowest price will be awarded full points. All other Proposed pricing scores will be weighted against the lowest priced product. Prices double the lowest price will be awarded 0 points. The Proposers score for this Evaluation Factor will be the sum of points for each product.

4.2.3 Customer Service (50 points possible)

A. Provide no more than a 2 page statement on the Proposer’s customer service personnel (including position titles), practices, and procedures that will be employed to meet the requirements detailed in the following sections of Section II – Statement of Work:

4.2.4 Ability to Meet Delivery Requirements (50 points possible)

A. Provide no more than a 2 page statement detailing how the Proposer will meet the delivery requirements detailed in Section 2.5 Scope of Work/Specifications:

1. Specifically address the following:

i. How the Proposer plans to meet the delivery day and delivery time requirements, including the volume of equipment, and drivers available to the Proposer for the accomplishments of the delivery requirements, as well as how they will be allocated to meet OCDC’s delivery requirements. – 20 points possible.

ii. Discuss how recovery, and redelivery of missing, incorrect, or damaged products would be handled. – 10 points possible.

iii. Discuss how late deliveries would be handled. – 10 points possible.

iv. Discuss strategies being employed to hire and retain drivers. – 5 points possible.

v. Discuss any other factors believed to be pertinent in meeting the delivery requirements.

– 5 points possible.

4.2.5 Health Inspection Report (25 points possible)

B. Provide the most recent health inspection report, which must not be older than 12 months, and from at least 1 of the following:

1. Local government agency.

2. USDA

i. ORDERING 10 points possible

ii. SHORTAGES & SUBSTITUTION(S) 15 points possible

iii. LATE DELIVERIES OR NON-DELIVERY 15 points possible

iv. PROOF OF DELIVERY & INVOICING 5 points possible

v. CREDITS/DEBITS 5 points possible

3. A USDA recognized food safety certifying agency such as NSF.

C. Full points will be awarded for reports that show no major findings or required corrective actions.

1. The determination of what qualifies as a major finding or corrective action is solely up to

OCDC.

4.2.6 HACCP, Food Safety and Security Principles (25 points possible)

A. Provide no more than a 1 page statement summarizing how Proposer incorporates HACCP, and Food Safety and Security principles into its business, including into its “Standard Operating Procedures.”

4.2.7 Product Recall Policy and Procedures (25 points possible)

A. Provide no more than a 1 page statement summarizing the Proposer’s recall policy and procedure.

B. Complete the ATTACHMENT H – RECALL CONTACT INFORMATION for primary and backup recall contacts. Failure to provide Recall Contact Information may result in rejection of the Proposal.

4.2.8 References (30 points possible)

B. Provide 3 professional references from projects similar to the scope of this Solicitation and accounts of similar size and complexity. K-12 school District refences shall be preferred. Use of the provided ATTACHMENT F - PROPOSER REFERENCE FORMS is required.

1. OCDC must not be included as a reference.

2. If such K-12 references are unavailable, other references may be submitted. They must be able to address Proposer’s capacity, experience, customer service, and quality (including at minimum, quality of products, timeliness of deliveries, flexibility, and ease of working and communicating with Proposer’s staff).

3. OCDC reserves the right to find any Proposer not responsible who receives an unfavorable report from a Proposer-identified reference.

4. OCDC reserves the right to investigate and consider references other than those submitted by the Proposer, including the Proposer’s customers other than those listed in the Proposer’s submission, and OCDC experience with the Proposer can be considered.

5. OCDC reserves the right to find any Proposer not responsible who receives an unfavorable report from a OCDC-identified reference.

6. The references provided may be contacted to establish a satisfactory performance record of, but not limited to, the level of Proposer customer service and ability to timely respond to the needs of its clients.

4.2.9 History and Capabilities (35 points possible)

A. History. Provide no more than a 1 page narrative of the Proposer’s history and capabilities. – 5 points possible.

B. Experience. Provide no more than a 1 page description of the Proposer’s experience in providing dairy products, and receipt, storage, inventorying, and delivery of USDA Foods for a large, multi-location client. – 15 points possible.

i. State the number of years Proposer has provided dairy products and receipt, storage, inventorying, and delivery of USDA Foods.

C. Similar Project. Provide no more than a 1 page summary of your firm’s responsibilities and scope of work for at least 1 project similar to the scope of this Solicitation, and of similar size and complexity. – 15 points possible

1. Similar project must be included as 1 of the 3 Proposer identified references.

i. Proposer must provide at minimum the following information for the similar project:

• Size of K-12 school district, or similar;

• Location of reference;

• Services provided;

• Project dates;

• Quantity of delivery locations;

• Quantity of deliveries per week;

• Average number of cases delivered per week;

• Average fill rate per delivery;

• Delivery time window, and rate of on-time deliveries.

4.2.10 Sustainability (25 points possible)

A. Provide no more than a 1 page narrative explaining the sustainability practices the Proposer has implemented in its operation. Proposer must address, at minimum, the following:

1. Transportation – 4 points possible.

2. Water usage and quality – 3 point possible.

3. Energy conservation – 3 points possible.

4. Greenhouse gas reduction – 3 points possible.

5. Buildings (design and construction) – 3 points possible.

6. Waste disposal and recycling – 3 points possible.

7. Procurement (how the Proposer’s procurement policies are used to promote sustainability) –

3 points possible.

8. Sustainability certifications (Example LEED Certificate) – 3 points possible.

4.2.11 Completeness and Organization of the Proposal.

A. There will be no pages submitted for this section.

B. How close does the organization of the Proposal follow the PROPOSAL CONTENT REQUIREMENTS? – 5 points possible.

C. How close does the Proposal contain all elements asked for in the PROPOSAL CONTENT

REQUIREMENTS? – 5 points possible.

D. How close does the Proposal meet or exceed page restrictions outlined in the PROPOSAL CONTENT REQUIREMENTS? – 10 points possible.

4.2.12 Commitment to Diversity, Equity, and Inclusion (25 points possible)

A. Pursuant to 2 CFR § 200.321 OCDC is committed to taking necessary affirmative steps to encourages the participation of minority businesses, women’s business enterprise, and labor surplus area firms in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned businesses, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. OCDC also encourages joint ventures or subcontracting with certified small business enterprises. Completion of ATTACHMENT N OREGON CERTIFICATION OF BUSINESS INCLUSION AND DIVERSITY PLAN. Proposer’s that can successfully document this requirement will receive full points.

4.3 EVALUATION PROCESS

4.3.1 Responsiveness and Responsibility Determination

4.3.1.1 Responsiveness Determination

A Proposal received prior to Opening will be received to determine if it is Responsive to all RFP requirements including compliance with Section 4.1 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarification may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, OCDC may waive mistakes in accordance with OAR 125-247-0470.

4.3.1.2 Responsibility Determination

OCDC will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract/Price Agreement. Proposers shall submit a signed PROPOSER RESPONSIBILTY FORM - ATTACHMENT E with Proposal.

4.3.2 Evaluation Criteria

4.3.2.1 Evaluation Criteria Matrix

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and OCDC may have additional or fewer evaluators for options rounds of competition. Evaluators will assign a score for each evaluation criterion listed below, up to the maximum points available as specified.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

OCDC will score each Proposal by reviewing and evaluating the Proposal content requirements outlined above. The following table indicates how the total points in the scoring will be assigned by required Proposal item. Failure to meet minimum requirements for any individual item may disqualify the Proposal regardless of the total points scored for the other items. Each item will be evaluated as follows:

EVALUATION CRITERIA MATRIX MAXIMUM POINTS

POSSIBLE

1. Insurance Requirements Pass/Fail

2. Price Schedule 400

3. Price Per Case for Receipt, Storage, Inventorying, and Delivery of USDA Foods 200

4. Customer Service 50

5. Ability to Meet Delivery Requirements 50

6. Health Inspection Report 25

4.3.2.2 Site Visits. (if conducted – 100 points possible)

The evaluation committee may elect to conduct site visits for the top ranked Proposer or Proposers if the evaluation committee considers it necessary or desirable.

4.3.2.3 Interviews (if conducted – 200 points possible)

A. The evaluation committee may elect to interview Proposers if the evaluation committee considers it necessary or desirable. The top ranked Proposer, or Proposers if the scoring is close, may be invited to interview. If the evaluation committee conducts interviews, the interview process will be used to supplement and clarify the information contained in the Proposal.

B. Based upon Proposal scoring, as modified by the interview, and the results of reference checks, the Proposers will be given final ranking by the evaluation committee. The final ranking will be provided to OCDC for a final decision to award a contract.

7. HACCP, Food Safety and Security Principles 25

8. Product Recall Policy and Procedures 25

9. References 30

10. History and Capabilities 35

11. Sustainability 25

12. Diversity, Equity and Inclusion 25

13. Completeness and Organization of the Proposal 20

PRPOSAL CONTENT SUB-TOTAL 910

SITE VISIT AND INTERVIEW – (If Required)

16. Site Visit 100

17. Interview 200

SITE VISIT AND INTERVIEW SUB-TOTAL 300

COMBINED TOTAL 1210

C. Particular details about the interviews will be issued to those firms invited to interview.

D. OCDC may request Proposer to provide a live demonstration of Proposer’s order system.

E. Such interviews and any presentation materials will be at the Proposer’s expense.

4.3.3 Ranking of Proposers

4.3.3.1 Evaluation Committee

The Proposal will be evaluated by the Evaluation Committee consisting of not less than 3 knowledgeable individuals (Evaluators) to review and score Proposals according to the evaluation criteria set forth in this Solicitation. OCDC may assign certain Evaluators to evaluate specific Proposal categories in keeping with the Evaluators’ area of expertise. Working as a Committee or independently (at the discretion of OCDC) with copies of the written Proposals, the Evaluators will independently assign scores to each Proposal received in accordance with the evaluation criteria defined herein.

Evaluators will utilize the criterion (as objectively as possible) to measure the merit of each Proposal received in accord with the subjective evaluation criteria to determine which Proposal(s) will provide OCDC with the most advantageous and best overall value. The recommendations of this committee may be made by obtaining at least a majority vote of the committee members and will be final; provided however, that the OCDC Procurement & Contracts Manager, upon reviewing the evaluation process and associated documentation, may request that the committee reconsider its recommendations or scores, or reconvene to complete any necessary processes.

5 SECTION: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

OCDC, if it awards a Contract/Price Agreement, will award a Contract/Price Agreement to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

OCDC may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

OCDC will notify all Proposers in Writing that OCDC intends to award a Contract/Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

IF OCDC receives only one Proposal, OCDC may dispense with the evaluation process and Intent to Award protest period and proceed with Contract/Price Agreement Negotiations and award.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award Notice to file a Written Protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract/Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• OCDC has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in this RFP.

• OCDC abused its discretion in rejecting the protestor’s Proposal as non-responsive.

• OCDC’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or

ORS Chapter 297A.

5.2.1.1 Protest Requirements

Protest must:

• Be delivered to the SPC via email, or hard copy;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award Notice.

5.2.2 Response to Protest

OCDC will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer(s). Protests that do not include the required information may not be considered by

OCDC.

5.3 CONTRACT/PRICE AGREEMENT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Proposer, OCDC may enter into Contract/Price Agreement negotiations with the successful Proposer, by submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the EXHIBIT 3 SAMPLE PRICE AGREEMENT with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract/Price Agreement and note exceptions.

Proposer must submit those exceptions to OCDC during the Questions/Requests for Clarification period set forth in Section 3.3. If OCDC agrees to make any requested changes to the Sample Contract/Price Agreement, OCDC will issue an Amendment to notify Proposers of such changes. Unless OCDC issues an Amendment modifying any of the terms and conditions, OCDC intends to enter into a Contract/Price Agreement with the successful Proposer substantially in the form set forth in EXHIBIT 3 SAMPLE PRICE

AGREEMENT.

Following the selection the apparent successful Proposer, OCDC may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.