Food Service Management Company (FSMC)

Food Service Management Company (FSMC) COST REIMBURSABLE Request for Proposal (RFP) and Contract The purpose of this solicitation is to obtain a Food Service Management Company (FSMC) to manage the School Food Authority's (SFA’s) school food service program. The proposer is herein referred to as the Food Service Management Company (FSMC). The contract will be between the School Food Authority (SFA) and FSMC. Ingrid Walsh iwalsh@burlington-nj.net School Food Authority Name: Agreement Number: Business Administrator Name: Business Administrator Email: 7/1/2024 12:00:00AMContract Start Date: Contract End Date: 6/30/2025 12:00:00AM BURLINGTON CITY BD OF ED 00500600 NJ State Approval ID: Page 4 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from

any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted 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; or 2. fax: (833) 256-1665 or (202) 690-7442; or 3. email: program.intake@usda.gov This institution is an equal opportunity provider. In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g. Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA's TARGET Center at (202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at: NJ State Approval ID: Page 5 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 management services. The Food Service Management Company will provide management services according to United States Department of Agriculture (USDA) regulations and guidelines, as well as all other applicable state and federal laws. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. The Food Service Management Company must currently be registered with the New Jersey Department of Agriculture (NJDA) Division of Food and Nutrition. Food Service Management Companies and/or their representatives may submit proposals to: reject proposals. A pre-proposal meeting and tour of the schools is scheduled for: Upon release of this RFP, all Proposer communications concerning this document must be directed in writing SFA will provide responses to Proposer communications within three (3) days of receipt. Each response will be provided to all interested FSMCs at least five (5) days before proposal due date. ATTENTION: Food Service Management Companies The is requesting proposals for school food service The Board of Education reserves the right to accept or All proposals must be submitted no later than and All proposals should be delivered in a and be clearly marked: FOOD SERVICE MANAGEMENT COMPANY PROPOSAL. no later than 4:00 PM on to the person listed below: Ingrid Walsh iwalsh@burlington-nj.net 5/2/2024 10:30:00AM Ingrid Walsh sealed envelope and addressed to 04/22/2024 Ingrid Walsh iwalsh@burlington-nj.net BURLINGTON CITY BD OF ED BURLINGTON CITY BD OF ED 4/17/2024 2:00:00PM Business Office - LGR, 518 Locust Avenue, Burlington, NJ 08016NJBurlington 518 Locust Avenue NJ State Approval ID: Page 6 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 Programs Operating for the 2024-2025 School Year Indicate below any potential programs or changes to programs the SFA is considering during the 4 allowable renewal years. The SCHOOL FOOD AUTHORITY invites written proposals from qualified companies for management of the school district’s food service program, which includes the programs checked below. National School Lunch Program (NSLP) School Breakfast Program (SBP) Community Eligibility Provision (CEP) Block Scheduling After School Snack Program (ASSP) Special Milk Program (SMP) A la Carte items (Smart Snack compliant) and meals Vending Machines Preschool Programs in SFA Buildings/Classrooms (NOT run by private providers) Extended School Year for Special Education (ESY) (if meals not included in SFSP) Breakfast in the Classroom (BIC) Breakfast After the Bell (BAB) Catering Child and Adult Care Food Program (CACFP) Programs Listed in Section AA (SFA must complete CACFP tab of Form 372) Summer Food Service Program (SFSP) (SFA must complete SFSP tab of Form 372) SFA to SFA Vended Meal Contracts Consolidation Agreements Potential Future Programs School Breakfast Program (SBP) After School Snack Program (ASSP) Special Milk Program (SMP) Breakfast in the Classroom (BIC) Breakfast After the Bell (BAB) Catering SFA to SFA Vended Meal Contracts Consolidation Agreements Community Eligibility Provision (CEP) A la Carte items (Smart Snack compliant) and meals Preschool Programs in SFA Buildings/Classrooms (NOT run by private providers) Extended School Year for Special Education (ESY) (if meals not included in SFSP) Vending Machines Child and Adult Care Food Program (CACFP) Programs Listed in Section AA Summer Food Service Program (SFSP)Block Scheduling NOTE: Administrative/Management Flat Fee or Cents per Meal Fee cannot increase above the Index Rate in a Renewal Year when a Potential Future Program begins to operate. NJ State Approval ID: Page 7 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 Definitions “Allowable Direct Costs”: Costs that are allowable in the Cost Reimbursable Contract: “Consolidation Agreement”: An agreement between two School Food Authorities (SFAs) in which one transfers and relinquishes its authority, duties and obligations for Child Nutrition Programs to the other. All program related tasks of the Relinquishing SFA become the responsibility of the Sponsoring SFA, and the Sponsoring SFA includes the Relinquishing SFA's schools on its Site Details. “Food Service Budget”: The proposed cost of food, supplies, and labor (allowable direct costs). Food Service Budget is the Response and Projected Operating Statement (Form 23). a. Food: limited to those items purchased for use in the preparation and service of student, adult, and a la carte meals in the SFA’s food service program. b. Labor: limited to on-site employees responsible for the management, preparation, service, and clean-up of student, adult, and a la carte meals in the SFA’s food service program. c. Miscellaneous Expenses: paper supplies, equipment rental, cleaning materials, commodity handling, and warehousing charges. All miscellaneous expenses must be allowable and directly allocable to the food service operation. “Bid Bond/Security to Accompany Bid”: A type of surety bond that guarantees that the FSMC has the financial means to accept the contract for the price quoted in its proposal if it is awarded the contract. “Buy American”: A procurement standard that requires SFAs to purchase to the maximum extent practicable, domestic commodities or products as defined in 7 CFR 210.21(d)(2)(i). “CACFP”: Child and Adult Care Food Program, 7 CFR Part 226. “Contract”: The RFP and Contract inclusive of all forms and the FSMC’s proposal, as accepted by the SFA. “Cost Reimbursable Contract”: A contract that provides for the payment of a fixed administrative/management fee in addition to all allowable direct costs of food, supplies, and labor to manage the food service program. “Current Year”: The term of this Contract. “DFN”: Division of Food and Nutrition. “Financial Obligation”: The total of all direct, allowable costs and the allowance for the FSMC's Administrative/Management Fee provided in the monthly invoice and operating statement. These costs include food, labor, paper and supplies, and "other expenses" (other direct costs as identified in the Cost Reimbursable Cost Responsibility Summary). “Fixed Price Contract”: A contract that provides for payment of all costs at a pre-determined and agreed upon amount that is fixed at the inception of the contract. The fixed fee includes all administrative, management, and food service-related costs. A fixed price contract may also contain an economic cost adjustment provision tied to a standard index. “Commissioned Vending”: Vending machine sales for machines that are maintained by an external vending company, not the FSMC. SFA receives commission checks. NJ State Approval ID: Page 8 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 “Program Expenses”: Costs of food, labor, supplies, etc. that are incurred for reimbursable meals that are also reasonable, necessary, and allocable. “Locally Grown”: Food grown and/or produced in New Jersey. “Non-Profit School Food Service Account”: The restricted account in which all the revenue from all food service operations conducted by the SFA principally for the benefit of school children is retained and used only for the operation or improvement of the non-profit school food service. The account shall also include, as appropriate, non-Federal funds used to support paid lunches and proceeds from non-program foods. The SFA must limit its net cash resources to an amount that does not exceed 3 months average expenditures for its non-profit food service, or such other amount as may be approved by the State Agency in accordance with federal regulations. “Guarantee”: The amount of money the FSMC agrees to guarantee as a return or loss to the SFA. The guarantee cannot be capped and is unlimited. A guaranteed return cannot exceed the proposed bottom line. “Non-Program Expenses”: Costs of food, labor, supplies, etc. that are incurred for non-reimbursable meals including, but not limited to, a la carte items, adult meals, catering services, vended meals and items purchased for fundraisers, vending, etc. “Performance Bond”: A type of surety bond that guarantees that the FSMC will adhere to all the terms of the contract and satisfactorily complete the agreed upon project and/or services. “Proposal”: The Food Service Management Company’s response to the RFP. “Regionally Grown”: Food grown and/or produced in Pennsylvania, New York, and Delaware. “State Agency”: New Jersey Department of Agriculture. “SFA to SFA Vended Meal Contract”: A contract between one School Food Authority (SFA) (this can be a private, public or charter) with another School Food Authority to provide complete reimbursable meals for school breakfast, lunch, and/or after school snack programs. “SFSP”: Summer Food Service Program, 7 CFR Part 225. “Smallwares/Small Equipment”: Items utilized in the preparation of food, including, but not limited to, items such as pots, pans, and serving and cooking utensils. “SNEARS”: NJDA Child Nutrition Program’s web-based School Nutrition Electronic Application and Reimbursement System. “Total Cost of Contract”: Includes all allowable direct expenses and the payment of a(n) administrative/management fee as indicated on Form 23CR. “Vending”: Vending machine sales for machines that are maintained by the FSMC, excluding commissioned vending sales. “Total Cost of Contract”: Includes all administrative, management, and food service-related expenses as indicated on Form 23FP. NJ State Approval ID: Page 9 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 I General Information A. Procurement 1. This contract will be a Cost Reimbursable Contract. 2. All procurement transactions shall be conducted in a manner that provides maximum full and open competition and in accordance with all applicable State and Federal law including, but not limited to, Uniform Administrative Requirements, Cost Principles and Audit Requirements, 2 CFR 200.318-200.326, formerly in 7 CFR 3016.36 and 3019.48, as applicable, and the SFA Code of Conduct. 3. The SFA will not conduct the procurement process in a manner that uses statutorily or administratively imposed in-state or local geographic preferences in the evaluation of proposals in accordance with 2 CFR 200.319(c). 4. An FSMC that has provided recommendations, developed or drafted specifications, requirements, statements of work, or any other information for this RFP shall be excluded from competing to provide the services sought in this solicitation. 5. The SFA reserves the right to reject RFPs if deemed in the best interest of the SFA. 6. The SFA will award the contract to the responsible FSMC whose proposal is most advantageous to the program, with price and other factors considered. A responsible FSMC is one whose financial, technical and other resources indicate an ability to perform the services required by this solicitation. 2 CFR 200.320(b)(2). 7. FSMCs or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the FSMC’s own risk and the FSMC cannot secure relief on the plea of error. The SFA is not liable for any cost incurred by the proposer prior to the New Jersey Department of Agriculture (NJDA) Division of Food and Nutrition’s (DFN) final approval of the contract, and the signing of the contract by all parties. Paying the FSMC from Child Nutrition (CN) program funds (school food service account) is prohibited until the contract is signed by both parties and final approval is provided by the DFN. 8. If additional information about this RFP is required, refer to the instructions regarding “proposer communications” on the Advertisement of Request for Proposal. 9. A Pre-Proposal Meeting with interested proposers to review specifications, to clarify any questions, and to tour the facilities with school officials is not mandatory. Refer to the Advertisement of Request for Proposal to determine if the SFA has planned a meeting and scheduled a time and location. NJ State Approval ID: Page 10 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 B. Award Criteria/Methodology 1. The contract will be awarded to the responsible proposer whose proposal is the most advantageous to the program with price and other factors considered. An evaluation committee will be established to review proposals. Each committee member will sign a certification of no conflict to be kept on file with the SFA. Each committee member will evaluate proposals independently (team scoring is not allowed). The SFA has established evaluation and scoring criteria and has assigned a Weighting Factor Percentage to each criterion as part of the RFP preparation process and prior to the RFP being advertised using the RFP Scoring Criteria and Evaluation Form. 2. Scoring Methodology: Price be the primary factor (assigned the highest weighting factor percentage). Each criterion will receive a score ranging from 1-5 points. The criterion score will then be multiplied by the assigned weighting factor percentage to get the total weighted score of the criterion. The total weighted score for each criterion will be added together to compute the total score of the proposal evaluation. Directions for completing this process can be found on the Scoring Criteria and Evaluation Instruction Form (Form 320). C. RFP Protests 1. Any action which diminishes full and open competition seriously undermines the integrity of the procurement process and may subject the SFA to RFP protests. The SFA shall be responsible for properly responding to protests and concerns raised by potential contractors. SFAs must insert their RFP protest procedures. The SFA will, in all instances, disclose all information regarding a protest to the DFN. D. Security to Accompany Bid: Amount 1. Bid Guarantee: The FSMC shall submit with its proposal, a bid guarantee in the amount of 10% of the bid, but not in excess of $20,000, that may be given, at the option of the FSMC, by certified check, cashier’s check or bid bond. N.J.S.A. 18A:18A-24. Bid Guarantees will be returned (a) to unsuccessful FSMCs as soon as practicable after the opening of bids; and (b) to the successful FSMC upon final approval and execution of all contractual documents, proof of insurance coverage and bonds as may be required. This requirement cannot be waived. If a bid protest is timely files, the Business Administrator will review all submitted protest documentation with the Evaluation Committee. the protesting bidder, and any other bidder on the contract, shall promptly provide any information requested by District staff as part of such investigation. District staff shall prepare a written response to the bid protest, with the advice of the District's attorney, which shall be provided to the protesting bidder and to the bidder or bidders whose bid is being protested within 14 calendar days after the bid protest was received. NJ State Approval ID: Page 11 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 E. Captions 1. Captions in all sections of this document are provided only as a convenience and shall not affect the interpretation of this instrument and its attachments. 1. The proposing FSMCs shall not be allowed to take advantage of any errors or omissions in the RFP specifications. Where errors occur in the RFP specification, an FSMC shall promptly notify the contact person listed. Inconsistencies in the RFP specifications are to be reported prior to proposals being submitted. The SFA will communicate the corrections and clarifications to all potential proposers in accordance with N.J.S.A. 18A:18A-21(c)(1). G. Errors or Omissions 1. The final contract shall consist of the terms and conditions contained herein as well as all documents included by the SFA in the RFP, the fully executed Signature Page and the Form 23 - Response and Projected Operating Statement. No additional modifications may be made. No amendments are permitted. 1. The SFA’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, nor anything of monetary value from FSMCs nor potential FSMCs. The appropriate penalties, sanctions, or disciplinary actions to be applied for violations will be determined by the SFA Code of Conduct for Procurement and applicable Federal, State and local laws and regulations. H. Final Contract I. Gifts from FSMC 1. The SFA will not consider any proposals received after the exact time specified for receipt. 1. For the purpose of making the meal count computation, the number of meals served to children shall be determined by actual counts of reimbursable meals. The State Agency shall determine the a la carte meal equivalent by dividing the a la carte revenue by the per meal sum of the Federal and State free meal reimbursement plus the per meal value of USDA entitlement and bonus donated foods. A la carte revenue shall include adult meals and a la carte sales to students and adults. If applicable, revenue from vending machine sales will be included as part of the a la carte revenue. J. Late Proposals K. Meal Equivalents 1. The contract shall be for a period of one year, or less, with up to four optional one-year renewals with mutual agreement between the SFA and the FSMC. 7 CFR 210.16(d). Any price change included as part of a renewal shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or renewal, and shall not exceed the change in the Index Rate (as defined in Public Schools Contract Law, N.J.S.A. 18A:18A-1 et seq.) for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed. The terms and conditions of the contract shall remain substantially the same in all renewal years. N.J.S.A. 18A:18A-42. This contract cannot be effective prior to the date of final approval by DFN. F. Contract Term NJ State Approval ID: Page 12 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 1. Payment in the Cost Reimbursable Contract shall be based on the FSMC monthly invoice and operating statement of allowable costs to operate the food service program. The FSMC shall also provide vendor invoices for all charges and expenses and documentation of its certified payroll. Sample FSMC operating statement, monthly invoice and catering invoice can be found on SNEARS Resrouces under FSMC Contract Documents. At a minimum, the Operating Statement and Monthly Invoice must contain the information included in the sample. L. Payment and Fees 2. The FSMC shall provide the SFA with a year-end operating statement detailing the school year breakeven, return or loss. 3. The SFA will perform a year-end reconciliation to verify the accuracy of the FSMC’s invoices and operating statements. 4. The SFA requires the FSMC to submit the management/administrative fee as a: Flat Fee Cents per Meal Feeor NJ State Approval ID: Page 13 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 2. The SFA may add any additional requirements to the RFP by completing the RFP Modification Request contained herein. The RFP must be completed along with the RFP Modification Request form and submitted to the State Agency for approval prior to the start of the solicitation process. The SFA may not add additional requirements to the Renewal Year documents unless the requirements are addressed in the RFP. If a requirement constitutes a material change, the SFA must issue a new RFP for its food service management. SFAs should consult with legal counsel in making those determinations. M. Additional Information 1. All FSMCs should submit the Response and Projected Operating Statement (Form 23) based on meal count numbers specified on Form 372, tab h. Projected Meal Counts. Projected Meal Counts are based on historical data and current participation. 3. Any FSMC that submits a proposal for items or activities not requested by the SFA and specified in the RFP will be considered overly responsive and the proposal will be rejected. 4. If the services of the FSMC are to begin after the start of the school year and the beginning contract term date is later than July 1 (i.e. January 1), include that date in the advertisement and solicitation. The ending contract term date will always be June 30th. 5. This proposal and contract are based on the SFA’s 21-day cycle menu. The FSMC must adhere to the cycle for the first 21 days of meal service. Changes thereafter may be made with the approval of the SFA. An SFA with no capability to prepare a cycle menu may require, with State Agency approval, that each FSMC include a 21-day cycle menu, developed in accordance with the provisions of 7 CFR 210.10, with its proposal. 7 CFR 210.16(b)(1). FSMC proposals must identify if they plan to request a change in the 21-day cycle menu included in the RFP after the first 21 days of meal service. SFA is developing and including the 21-day cycle menu (cannot be branded) SFA is requiring FSMC to submit 21-day cycle menu with proposal or NJ State Approval ID: Page 14 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925 M. Minimum Food Specifications 1. The following are the minimum food specifications all FSMCs must adhere to and provide. The SFA may customize these food specifications using the RFP Modification Request contained herein: Product Level of Inspection/Quality Meat/Seafood Beef, Lamb, and Veal Pork Poultry Seafood All meats, meat products, poultry, poultry products, and fish must be government inspected. U.S. No. 1 or U.S. No. 2 USDA Grade A Top grade, frozen fish must be a nationally distributed brand, packed under continuous inspection of USDA. All dairy products must be USDA inspected. USDA Grade A or equivalent, 100% candled Dairy Products Fresh Eggs USDA Grade Choice or better Frozen Eggs Milk Fruit and Vegetables USDA inspected Pasteurized Grade A Fresh Fruits & Vegetables Canned Fruits & Vegetables Frozen Fruits & Vegetables Selected according to written specifications for freshness, quality, and color - U.S. Grade A Fancy U.S. Grade A Choice Fancy (fruit to be packed in light syrup or natural juices) U.S. Grade A Choice or better Staple Groceries To be a quality commensurate with previously listed standards. Baked Products Bread, rolls, cookies, pies, cakes and pudding either prepared or baked on premises or purchased Must have a quality level commensurate with meeting USDA breakfast and lunch requirements as applicable NJ State Approval ID: Page 15 of 62End Date:Start Date: 07/01/2024 06/30/2025DE- 9656925