ORANGE COUNTY HEAD START, INC S. PULLMAN ST., SANTA ANA, CA REQUEST FOR PROPOSALS OCHS FOOD SERVICE COMMODITIES

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1 ORANGE COUNTY HEAD START, INC S. PULLMAN ST., SANTA ANA, CA REQUEST FOR PROPOSALS OCHS FOOD SERVICE COMMODITIES Request for Proposal Issued - Friday, March 21, 2014 Written Questions Due - Monday, March 31, 2014 Written Questions Posted - Monday, April 7, 2014 Proposal Due Date - Friday, April 18, 2014

2 REQUEST FOR PROPOSALS (RFP) OCHS FOOD SERVICE COMMODITIES INDEX Page 1. Introduction Information and General Conditions Proposal Submittal Questions from Potential Contractors Definitions RFP Addenda/Clarifications Pre-Contractual Expenses Modifications Erasures Signature Sole Reference Withdrawal of Proposal Interpretation of RFP Documents Evidence of Responsibility No Commitment to Award Joint Offers Proposed Contract Exceptions/Deviations Protests Termination Indemnification & Hold Harmless Insurance & Liability Non-Collusion Affadavit Proposal Format and Content Presentation/Format Proposal Content Proposal Evaluation and Contract Award Evaluation Process Evaluation Criteria Contract Award Exhibits A. Scope of Work B. Cost Proposal Form C. OCHS Service Agreement D. Delivery Locations E. OCHS s Non-Federal Share Requirement F. Taxpayer Identification Form (W-9) G. OCHS s Sample Menu(s) Food Service Commodities RFP

3 REQUEST FOR PROPOSALS OCHS FOOD SERVICE COMMODITIES NOTICE IS HEREBY GIVEN that the ORANGE COUNTY HEAD START, INC., hereinafter referred to as OCHS, will receive up to, but not later than, 4:00 P.M. (Pacific Standard Time) on Friday, April 18, 2014 proposals for award of contract(s) for OCHS Food Service Commodities. All proposals shall be in the format specified by OCHS. Proposals shall be received at OCHS by Mai Hoang, Contracts & Procurement Manager. If proposals are mailed, mail to OCHS, 2501 S. PULLMAN STREET, SUITE 100, SANTA ANA, CA If proposals are hand-delivered, deliver to OCHS, 2501 S. PULLMAN STREET, SUITE 100, SANTA ANA, CA Each proposal must conform and be responsive to the request for proposal documents, copies of which may be obtained at / Vendor / Bids & Proposals. Small, women-owned, and minority-owned companies are encouraged to submit responses to this Request for Proposals Food Service Commodities RFP

4 1. INTRODUCTION 1.1 Purpose of RFP The purpose of this Request for Proposals (RFP) is to solicit offers from suppliers to provide Food Service Commodities for Orange County Head Start, Inc. (OCHS) commercial kitchens serving over 6,000+ meals (including snacks) daily. OCHS is funded by the federal Department of Health & Human Services (HHS) to operate both a Head Start and Early Head Start program. This RFP, including any associated legal notices regarding it, supersedes all other oral and written communications regarding the work to be done and the process for selecting Food Service Commodities vendor. The contract for Commodities will begin July 1, 2014, and terminate June 30, Any contract(s) that may be issued also includes provisions for OCHS, at its sole discretion, to renew the contract(s) for up to two (2) additional one (1) year terms, encompassing fiscal year ending 2016 and Your company is invited to submit a written proposal outlining your qualifications and willingness to provide the services described above. A more detailed explanation of the minimum qualifications required of the Food Service Commodities. Vendor are to be addressed in the proposal is presented in Exhibit A of this RFP, attached hereto and made a part hereof. 1.2 Overview of the Agency OCHS is a private non-profit agency licensed in the State of California and is designated by the Internal Revenue Service (IRS) as a 501(c)(3) tax-exempt organization. OCHS provides a variety of mandated and discretionary services to children of low-income families as designated by the Federal government. OCHS is a grantee for the federal Head Start and Early Head Start programs, funded by the Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Head Start pursuant to the authority to operate the Head Start and Early Head Start programs for the benefit of identified Head Start, Early Head Start children and their families, as specified by the Improving Head Start for School Readiness Act of INFORMATION AND GENERAL CONDITIONS 2.1 PROPOSAL SUBMITTAL The Potential Contractor shall submit one (1) original plus additional four (4) copies of its proposal and one (1) electronic copy of Exhibit B Cost Proposal Form in excel format no later than 4:00 P.M. (Pacific Standard Time), on Friday, April 18, Deliver proposals to: ORANGE COUNTY HEAD START, INC S. PULLMAN STREET, SUITE 100 SANTA ANA, CA ATTN: MAI HOANG One (1) electronic copy of Exhibit B Cost Proposal Form in EXCEL format must be submitted via to mai.hoang@ochsinc.org no later than the submission deadline. OCHS will acknowledge receipt of electronic submissions via ed Receipt Acknowledgement Notification. 3 Food Service Commodities RFP

5 It is the sole responsibility of the person submitting the proposal to ensure that it is delivered on time. Any proposal submitted after 4:00 P.M. on Friday, April 18, 2014 may, at the sole discretion of OCHS, be returned without consideration. It is the practice of OCHS not to consider late offers unless it is determined that a selection cannot be made from among the proposals received on time. OCHS shall not be responsible for, nor accept as a valid excuse for late proposal delivery, any delay in mail service or other method of delivery used by the Potential Contractor. All proposals shall be clearly marked with the Potential Contractor Name and enclosed in a sealed package plainly marked with the words "Proposal Responding to OCHS s Food Service Commodities 2014; Do Not Open Until April 18, 2014." All proposals shall be firm offers subject to acceptance by OCHS and may not be withdrawn for a period of 90 calendar days following the last day to submit proposals. Proposals may not be amended once submitted to OCHS, except as permitted by OCHS. 2.2 QUESTIONS FROM POTENTIAL CONTRACTORS Written questions are to be submitted to the Contracts & Procurement Manager via to mai.hoang@ochsinc.org by no later than Monday, March 31, Written questions may also be sent to OCHS via facsimile, provided that OCHS receives the transmittal no later than the deadline specified above. The facsimile number is (949) OCHS shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above. Responses to questions will be communicated in writing as an addendum to this RFP by Monday, April 7, This RFP including its Exhibits and Addendas shall be posted to OCHS s website at / Invitations for Bids & Proposals. 2.3 DEFINITIONS The term "OCHS," as used in these clauses, shall be construed to include the Orange County Head Start, Inc. Board of Directors and all employees, officers, and agents of OCHS. The term "Potential Contractor" or Vendor as used in these clauses shall be construed to include all employees, officers, and agents of Potential Contractor or Vendor. Potential Contractor or Vendor is referred to as though singular in number. 2.4 RFP ADDENDA/CLARIFICATIONS If it becomes necessary for OCHS to revise any part of this RFP, or to provide clarification or additional information after the proposal documents are released, a written addendum will be sent to each recipient of record of the original RFP. Recipients of record are those parties which obtained a copy of the RFP directly from OCHS. Addenda will be sent by and/or facsimile and/or first-class U.S. Mail. It shall be the responsibility of the Potential Contractors to inquire of OCHS as to any addenda issued. This may be done by calling the Contracts & Procurement Manager at (714) prior to the proposal-submittal deadline (this is the sole exception to the requirement that questions after the Questions from Potential Contractors deadline be submitted in writing). All addenda issued shall become part of the RFP. 4 Food Service Commodities RFP

6 2.5 PRE-CONTRACTUAL EXPENSES Pre-contractual expenses are defined as any expenses incurred by the Potential Contractor in: (1) preparing its proposal in response to this RFP; (2) submitting that proposal to OCHS; (3) negotiating with OCHS any matter related to this RFP, including a possible contract; or (4) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this RFP. OCHS shall not, under any circumstance, be liable for any pre-contractual expenses incurred by Potential Contractor, and Potential Contractor shall not include any such expenses as part of their proposals. 2.6 MODIFICATIONS Changes in, or additions to, the cost proposal form or proposal, or any other modification of the cost proposal form which is not specifically called for in these RFP documents may result in OCHS' rejection of the proposal as not being responsive to this RFP. No oral, telephonic, telegraphic, or facsimile proposals or modifications will be considered. 2.7 ERASURES The proposal submitted shall not contain erasures, interlineations, or other corrections unless each correction is authenticated by initialing in the margin, immediately opposite the correction, the name of the person signing the proposal. 2.8 SIGNATURE All proposals, including addendum(s) thereto, must be signed in the name of the Potential Contractor and must bear the signature in longhand of the person or persons duly authorized to sign the proposal. Unsigned responses will be considered non-responsive, thus resulting in rejection of the proposal. 2.9 SOLE REFERENCE This RFP and all subsequent modifications thereto are hereby designated as the sole reference and authority for the preparation of proposals. This release of this RFP supersedes all other documents related to the work to be done. The contents of this RFP and subsequent modifications thereto take precedence over any and all information related to the OCHS RFP for Food Service Commodities obtained from any source, either by written or verbal communications WITHDRAWAL OF PROPOSAL Any Potential Contractor may withdraw his proposal either personally or by written request to the Contracts & Procurement Manager at any time prior to the scheduled closing time for receipt of proposals INTERPRETATION OF RFP DOCUMENTS If any person contemplating submitting a proposal for the proposed work is in doubt as to the true meaning of any part of the RFP, or finds discrepancies in, or omissions herein, the person may submit to OCHS' Contract & Procurement Manager written request for clarification or correction thereof. Written requests for clarification or correction of this RFP must be received no later than eighteen (18) calendar days prior to proposal submission. The person submitting the request will be responsible for its prompt delivery. 5 Food Service Commodities RFP

7 Any interpretation or correction of the RFP will be made by addenda, pursuant to Section 2.4, RFP Addenda/Clarifications EVIDENCE OF RESPONSIBILITY Potential Contractor s proposal will be used to evaluate Potential Contractor s capability to provide OCHS with Food Service Commodities as required pursuant to this RFP. Upon the request of OCHS, a Potential Contractor, whose proposal is under consideration for award of a contract, may be required to submit additional information to support information previously provided NO COMMITMENT TO AWARD Issuance of this RFP and receipt of proposals does not commit OCHS to award a contract. OCHS expressly reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Potential Contractor concurrently, or to cancel all or part of this RFP JOINT OFFERS Where two or more Potential Contractors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture or informal team. OCHS intends to contract with a single company and not with multiple companies doing business as a joint venture PROPOSED CONTRACT The Potential Contractor selected for contract award through this RFP shall be required to enter into a written Contract with OCHS, whereas the Potential Contractor s proposal or offer as accepted and all terms and conditions as set forth in this RFP shall be incorporated herein. The OCHS Service Agreement presented in Exhibit C of this RFP is the Contract proposed for execution. It may be modified to incorporate other pertinent terms and conditions set forth in this RFP, including those added by addendum, and to reflect the Potential Contractor's offer or the outcome of contract negotiations, if any, conducted with the Potential Contractor. Exceptions to the terms and conditions of the OCHS Service Agreement, or the Potential Contractor's inability to comply with any of the provisions of the OCHS Service Agreement, must be declared in the proposal. The Potential Contractor's attention is directed particularly to Section 10 in the enclosed Exhibit C OCHS Service Agreement and Section 2.20 of this RFP Insurance Liability, which specifies the minimum insurance requirements that must be met by the successful Potential Contractor(s). The Potential Contractor's inability or unwillingness to meet these requirements as a condition of award must be stated as an exception in the proposal. The Potential Contractor shall comply with all Federal & Local provisions as identified in Exhibit C OCHS Service Agreement EXCEPTIONS/DEVIATIONS Any exceptions to or deviations from the requirements set forth in this RFP, including the terms and conditions contained in the Sample Contract, provisions, must be declared in the proposal submitted by the Potential Contractor. Such exceptions or deviations must be segregated as a separate element of the proposal under the heading "Exceptions and Deviations," as instructed below. 6 Food Service Commodities RFP

8 2.17 PROTESTS Any protest against the award of a contract pursuant to this RFP must be received within five (5) calendar days after the opening of the RFP. OCHS shall not be obligated to consider protests received after the above-specified deadline. All protests must be in writing and submitted to the Contracts & Procurement Manager at the place specified for submittal of proposals TERMINATION OCHS at its sole discretion may terminate this contract upon ten days prior written notification to Contractor. Termination may be as a result of OCHS determination that the Contractor s performance is unsatisfactory, or that the Contractor has violated any of the terms or provisions of this contract, or in the event that a continuing pattern of violations are committed, regardless if corrected in the proper manner, or in the event the Contractor becomes insolvent. OCHS reserves the right to request correction of any breach of term or condition by the Contractor prior to exercising OCHS s right to terminate this contract. However, any request for correction shall not act to waive OCHS right to terminate this contract if OCHS s terms of corrections are not performed to the satisfaction of OCHS INDEMNIFICATION & HOLD HARMLESS Vendor shall hold harmless and indemnify OCHS, its officers, agents, and employees, from every claim or demand made by reason of: a) Any injury to person or property sustained by the vendor or by any person, firm, corporation or other entity rendering any services under this contract in behalf of the vendor, either directly or indirectly, however caused. b) Any injury to person or property sustained by any person, firm, corporation or other entity, caused by or resulting from any act, neglect, default, or omission or the vendor or of any person, firm, corporation or other entity performing any services in connection with this contract on behalf of the vendor INSURANCE & LIABILITY The following listed minimum insurance requirements shall be carried by all vendors and consultants unless otherwise specified in the OCHS Solicitation Package, Special Provisions, or Standard Specifications: a) Workers Compensation and Employers Liability as required by statute. Liability coverage is to be carried for a minimum limit of $1,000,000. b) Automobile Liability for limits not less than $500,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles. c) Commercial General Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operation and contractors protective endorsements. 7 Food Service Commodities RFP

9 d) Excess Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. e) Except for Workers Compensation and Employer s Liability Insurance, OCHS must be named as an additional insured. Certificates of Insurance must be submitted before commencing the work and provide 30 days notice prior to any cancellation NON-COLLUSION AFFADAVIT The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing bid (such persons, firms and corporations hereinafter being referred to as the Vendor), being duly sworn, on his/her oath, states that to the best of his/her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of foregoing bid, has directly or indirectly entered into any agreement or arrangement with any other vendors, or with any official of Orange County Head Start, Inc. (OCHS) or any employee thereof, or any person, firm or corporation under contract with OCHS whereby the Vendor, in order to induce the acceptance of the foregoing bid by OCHS, has paid or is to pay to any other vendor or to any of the aforementioned persons anything of value whatsoever, and that the Vendor has not, directly or indirectly entered into any arrangement or agreement with any other vendor or vendors which tends to or does lessen or destroy free competition in the letting of the award sought for by the foregoing bid. 3. PROPOSAL FORMAT AND CONTENT 3.1 PRESENTATION/FORMAT Proposals shall be submitted on 8 1/2" x 11" paper size, using a simple method of fastening. Proposals should be typed and should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged; presentations should be brief and concise. The proposal should not exceed 30 pages in length, excluding appendices, if any and or product catalog(s). The form, content and sequence of the proposal should follow the outline presented below. 3.2 PROPOSAL CONTENT Transmittal Letter/Introduction The letter of transmittal shall be addressed to the Contracts & Procurement Manager and must, at a minimum, contain the following: Identification of the offering contractor(s), including name, address and telephone number of each contractor; proposed working relationship among the offering contractors (e.g., primesubcontractor), if applicable; acknowledgment of receipt of RFP addenda, if any; name, title, address and telephone number of contact person during period of proposal evaluation; a statement to the effect that the proposal shall remain valid for a period of not less 8 Food Service Commodities RFP

10 than ninety (90) days from the due date for proposals; a statement to the effect that work or service(s) requested will commence no later than July 1, identification of any information contained in the proposal which the Potential Contractor deems to be, and establishes as, confidential or proprietary and wishes to be withheld from disclosure to others under the state Public Records Act (a blanket statement that all contents of the proposal are confidential or proprietary will not be honored by OCHS); and, signature of a person authorized to bind the offering company to the terms of the proposal Table of Contents Immediately following the transmittal letter and introduction, there should be a complete table of contents for material included in the proposal, including page numbers Qualifications, Related Experience and References Overview: This section should establish the ability of the Potential Contractor (and its subcontractors, if any) to satisfactorily perform the required work by reasons of: demonstrated competence in the services to be provided; the nature and relevance of similar work currently being performed or recently completed; competitive advantages over other companies in the same industry; strength and stability as a business concern; and supportive client references. Information should be furnished for both the Potential Contractor and any subcontractors included in the offer Furnish background information about your company, including date of founding, legal form (sole proprietorship, partnership, corporation/state of incorporation), number and location of offices, principal lines of business, number of employees, days/hours of operation and other pertinent data. Disclose any conditions (e.g., bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect the Potential Contractor's ability to perform contractually. Certify that the company is not debarred, suspended or otherwise declared ineligible to contract by any federal, state or local public agency Certify that your company is properly licensed to do business in the State of California and you comply with all applicable state and local laws Describe your company s most noteworthy qualifications for providing the required services to OCHS. Specifically, highlight those qualifications that distinguish you from your competitors Describe the range of activities performed by the location from which the work will be done (e.g., distribution center for supplies, customer service 9 Food Service Commodities RFP

11 support for ordering/invoicing/returns, perform in-depth account reviews, assembly of supplies/furniture as required, negotiations for volume discounts with manufacturers.) Discuss this office's experience in furnishing Food Service Commodities particularly with similar programs, implementing cost savings techniques, and aggressive negotiating with manufacturers for volume purchase(s) Provide a list of business clients--especially private nonprofit organizations, and federal and state categorical aid programs--to which your company has recently provided similar services. Include company names, beginning/ ending dates of contracts, and names, titles and telephone numbers of individuals that OCHS can contact as references for your company Furnish as an appendix financial information (such as last year-end Income Statement and Balance Sheet) that accurately describes the financial stability of your company. (If financial statements are provided, their disclosure will be confined to those individuals involved in the evaluation of the proposals and award of ensuing contracts.) Beyond your ability to provide Food Service Commodities pursuant to the contract, what additional value-added service(s) and or products can you provide for a fee or thru Non-Federal Match? (i.e. business & on-line tools and services, product and staff resources to OCHS classrooms or organized event(s) such as nutritional resources or products for the use in the training and education of staff, parents and children enrolled in the Head Start program.) Please include fee/value schedule. See Exhibit E OCHS s Non-Federal Share Requirement Federally funded programs are required to give advantages to small business owners and minority-owned business. Please identify if you meet this criteria and provide necessary supporting certifications Vendor may provide any certification (e.g.: AIB, ASI, HAACP, etc.) information and state any affiliate memberships such as but not limited to: IFPA, PMA, United Fresh Fruit & Vegetables Association and organization s Blue Book or Red Book Rating Distribution Warehouse Requirement(s) Please state whether your distribution facilities and delivery vehicles have refrigeration, secured docks and proof of licensed pest control programs Provide information regarding your company s Quality Control Program(s) Proposed Staffing and Project Organization Overview: This section should discuss the staff of the proposing company who would be assigned to work on OCHS s account(s). 10 Food Service Commodities RFP

12 Identify the key personnel from your company that would be assigned to OCHS s account. Include a brief description of their qualifications, professional certifications, job functions and office location(s). Furnish brief resumes for all key personnel; include these as an appendix, not in the body of the proposal If more than two people will be assigned to OCHS s account(s), include a simple organization chart which clearly delineates communication/reporting relationships among members of the service team Cost and Price Overview: This section should disclose all charges or typical commission to be assessed to OCHS for the Scope of Products/Services Complete the Cost Proposal Form presented in Exhibit B. Indicate a quote for the initial contract year. Pricing shall be held for the 12-month period. OCHS and Federal Law require that total prices be quoted using one of the following methods, listed in descending order of desirability: i. Firm Fixed Price (FFP) ii. Cost-reimbursement, such as Cost-Plus Fixed Fee (CPFF), with estimated not-to-exceed amount or mark-up percentage. COMPLETED EXHIBIT B COST PROPOSAL FORM shall be ed to mai.hoang@ochsinc.org by no later than the submission deadline Quote any shipping and handling costs associated with each delivery location, small order fees, special order fees, distribution costs, and any other fees in the Cost Proposal Form presented in Exhibit B Prices quoted shall include all discounts (rebates, etc.) to be considered in making award and shall be net. State and local taxes, as applicable, shall not be included in the bid prices as quoted. OCHS is subject to an educational discount and a non-profit (501)(c)(3) discount There will be no return fees for inaccuracies or other errors on the part of the vendor Price increases shall be deemed valid and accepted by OCHS only after providing written documentation from the manufacturer, on the manufacturer s letterhead, outlining justification for the increase, along with the new published price Declare any conditions that may result in the products price, delivery price, distribution fee, minimum order fee, and other surcharges quoted in thru , above, being increased Periodically, we may request pricing for non-contract or catalog items. Please suggest a pricing formula in Appendix B for any non-contract or catalog items. 11 Food Service Commodities RFP

13 Prices shall remain in effect for a period of one year with option to renew for two consecutive years thereafter, if, vendor and OCHS mutually agree All bid items must be available for the calendar months indicated in GENERAL INFORMATION at the price quoted. All bid items must be equal to or better than the quality specified. Any manufacturers names, trade names, brand names, or catalog numbers used in specifications are for the purpose of describing and establishing quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality of the specifications listed for any item as determined by OCHS. Written substitutions may be made for comparable products, provided that the manufacturer name, price, count, units of measure, specifications and catalog part numbers are entered in the designated columns of the Exhibit B Ambiguous bids, which are uncertain as to terms, delivery, quantity, service, and or compliance with specifications, may be rejected or otherwise considered non-responsive and or non-responsible. Responses are to be submitted on the forms provided. Bid should be complete, clear and carefully worded. Bid must convey all the information requested by OCHS. If a bid contains less than the required information, or if the bid fails to conform to the essential requirements of the RFP, OCHS may declare the bid non-responsive and or non-responsible Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, including OCHS s Service Agreement presented in Exhibit C. If you wish to present alternative approaches to meet OCHS's work requirements, these should be thoroughly explained Appendices Supporting Documents Furnish as appendices those supporting documents (e.g., financial statements, staff resumes, required insurance certificates) requested in the preceding instructions Additional Information Include any additional information you deem essential to a proper evaluation of your proposal and which is not solicited in any of the preceding sections. Potential Contractors are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief. All materials must follow guidelines as outlined in section PROPOSAL EVALUATION AND CONTRACT AWARD 4.1 EVALUATION PROCESS An Evaluation Panel consisting of OCHS personnel will review, analyze and evaluate all proposals received. The Evaluation Panel will qualify and rank the field of Potential 12 Food Service Commodities RFP

14 Contractors. OCHS may require the finalists to make an oral presentation to the Evaluation Panel to further explain their proposals. If such interviews are conducted, appraisals of the presentations will also be factored into the final scores assigned the Potential Contractors. However, Potential Contractors are advised that award may be made without interviews or further discussion. The evaluation panel will take contract recommendations to appropriate OCHS Committees for approval. Committees are scheduled to convene once per month. Upon approval of the contract awards, notifications will be sent to the respective awarded supplier(s). 4.2 EVALUATION CRITERIA By use of numerical and narrative scoring techniques, proposals will be evaluated by OCHS against the factors specified below. The relative weights of the criteria--based on a 100-point scale--are shown in parentheses. Within each evaluation criterion listed, the sub-criteria to be considered are those described in the "Proposal Format and Content" section of this RFP. Cost and price (30); Product Breadth & Scope (25); Service (20); Qualifications, experience and references of Potential Contractor (15); Miscellaneous [exceptions/deviations, completeness of proposal, adherence to RFP instructions, other relevant factors not considered elsewhere] (10). OCHS reserves the right to reject any or all proposals, to waive any irregularities or informalities in the offers received and to change the evaluation process described above if circumstances dictate this or it is otherwise in the best interest of OCHS to do so. In the event a proposal(s) is rejected, or in the event a Potential Contractor's offer is not rejected but does not result in a contract award, OCHS shall not be liable for any costs incurred by the Potential Contractor in connection with the preparation and submittal of the proposal. 4.3 CONTRACT AWARD It is the intent of OCHS to award up to several contract(s) as may be required after proposal review as the result of this RFP. Potential Contractor(s) are hereby advised that OCHS maintains the sole and exclusive right to determine whether or not the Potential Contractor(s) has the capabilities required to perform the work to be done. The contract(s) resulting from this RFP will require approval by the OCHS Committees. See 4.1 Evaluation Process. 13 Food Service Commodities RFP

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