INVITATION FOR BID. T RFP for Food Service Management Program for Brewer-Porch Children s Center. ADDENDUM # 1 Tuesday, January 19, 2016

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1 INVITATION FOR BID T RFP for Food Service Management Program for Brewer-Porch Children s Center ADDENDUM # 1 Tuesday, January 19, 2016 ATTENTION: This is not an order. Read all instructions, terms and conditions carefully. IMPORTANT: RESPONSE TO RFP MUST BE RECEIVED BY February 4, 2:00 P.M CST Offeror must acknowledge receipt of this and any addendum as stated in the Invitation For Bid. The following shall become part of the Invitation For Bid. Questions and Answers from the On-site on December 15, 2015 at Brewer-Porch Children s Center. The IFB may be found at

2 RFP T Food Service Management Program for Brewer Porch Children s Center Questions and Answers 1. What are the amounts that are allowed by the USDA, for breakfast, lunch, dinner and snacks? See Q & A Attachment # 1. Breakfast and lunch must adhere to Child Nutrition Program regulations; dinner and snacks do not have the same requirement. 2. If the 28 day menu has been confirmed, how will the commodities be factored in for use? The USDA allocates Brewer Porch a dollar amount per year (usually $6,500) and we then order items from the USDA food list. We spend 50% of the funds during the spring semester and 50% during the fall semester. 3. Is the FSMC responsible for the purchase of employee uniforms? Yes. 4. How will the value of commodities be determined, for the purpose of crediting the SFA? We are allocated a dollar amount by the USDA (approximately $6,500/year). 5. Please provide clarification, page 13, questions 12 & 13. Questions 12 and 13 require the FSMC to provide the SFA a monthly listing/inventory of purchased food, supplies, commodities, and dollar value of commodities. The SFA has only one location (2501 Woodland Drive, Tuscaloosa, AL). Our one location provides breakfast and we do not require that commodities be used exclusively for the breakfast meal. 6. On the sample menu, please define dinner in, dinner out and cookout. These are internal notations. Currently, our clients have dinner in at their residential unit approximately once per month (dinner in). Our kitchen provides the ingredients and the residential staff prepares the meals at the unit with assistance from our clients. This provides education to our clients in basic living skills. Dinner out means the clients have an outing to a local restaurant for socialization. Cookouts occur occasionally as a treat. The kitchen supplies the ingredients (hamburgers, hotdogs, etc.) and residential staff prepares the meals. We are open to changing this system.

3 7. Section 2.0 of the RFP states that the facility serves 175 children and staff 3 meals and 3 snacks daily. In order to arrive at a firm, fixed price we need clarification on the number of outpatient student? The number of meals and snacks they receive and for how many calendar days? Monday Friday Breakfast 100 children (no staff) Lunch 150 (children and staff) Dinner 75 (children and staff) Weekends 75 (children and staff) 75 (children and staff) 75 (children and staff) 365 calendar days 8. What is the total number of faculty and staff? No faculty. Approximately 250 total staff. 9. Section 4.0 General Specifications, FF. Records and Record Keeping, #2, makes reference to vending machine revenue records being retained by the FSMC. Please clarify if the management of vending machines is part of the intent and scope of this RFP? No. 10. Section 4.0, General Specifications, JJ. Guarantees, #1. Mentions Exhibit B, the Child Nutrition Program Budget. Is this the same thing as 6.4 attachment B? Also page 71, Exhibits states that these items may be used to assist the FSMA in the preparation of the Proposal. Please clarify all of the exhibits that we should have access to? Exhibit B, Child Nutrition Program Budget is the same as 6.4 Attachment B. All attachments and appendices are included in the RFP. 11. Based on our experience with similar NSLP, SBP and ASSP clients we sometimes have input and in some cases order the commodities directly from the USDA. Will that be a capability under this contract? Yes. 12. When was the last USDA review? February 2014.

4 13. Can you please provide a current snack list? Chips, cookies, crackers, Nutri Grain Bars, fruit and popcorn. 14. Does the snack list need to be nutritionally analyzed along with the current menu? Yes. 15. In reference to page 13 item 14: Please explain meaning of Grease trap? The FSMC is responsible for routine cleaning of the hood, baffles, and degrease trap. The SFA is responsible for pumping the grease trap. 16. In reference to page 20 item O: Can you please provide A La Carte list of items to be sold? Currently no a la carte sales are made. We are open to the FSMC making a la carte sales to the staff (items would be additional helpings). 17. In reference to page 23 item 4: What is the counting system submitted by the SFA for counting reimbursable meals at the point of service? We submit meal counts based on meal count lists provided by our staff. 18. In reference to page 25 item 8: Are there any regularly scheduled catered events? No. 19. Please provide dinner meal time and number of shifts. The current dinner time is 5:00 PM 6:30 PM with three shifts (5:00, 5:30, and 6:00 PM). 20. In reference to the Food Cost Analysis sheet what are employee meals purchased in the months of January, February and March?

5 In January, February and March employee meals were purchased by employees who are not required to eat with the children. We do not know why meals were purchased during these three months only and do not know the specific the type of meal purchased. Many employees are required to eat with our clients as part of their job duties and the organization covers that cost. 21. In Reference to the Food Cost Analysis sheet, who is paying for employee breakfast, lunch and dinners provided? Currently, the SFA covers the cost of employee meals (lunch and dinner) for those staff who are required to eat with the children for the purpose of supervision. 22. Can you please provide one week s worth of production records? See Q & A Attachment Number Please explain Dinner out, Cook out, Dinner in on the menus. I.E.: Are these chargeable meals, who prepares the menus and who prepares the meals? See response to questions number 6. Currently, our kitchen provides the food for dining in and cook outs and the meal is prepared by our residential staff, but the dinner meal is not chargeable to the Food Nutrition Program (the dinner meal is not covered by the Child Nutrition Program). Once the FSMC is in place we will alter this practice: for example, a small number of clients may earn the privilege of dining out at a restaurant perhaps once per month. Thus, the meal count may vary slightly based on this practice. However, in general the FSMC will prepare three meals per day 365 days per year and these meals are chargeable to the SFA by the FSMC. 24. To clarify each breakfast meal served is reimbursed at the Total Firm Fixed Price Cost and not as a meal equivalents multiplied by 0.67? Each breakfast meal served is reimbursed at the Total Firm Fixed Price Cost, not as a meal equivalent. The meal equivalency calculations are taken into account in he FSMC s pricing as outlined on page number The RFP contains contradictory language regarding the type of contract sought by The University of Alabama Brewer Porch Children s Center ( Brewer Porch ). On one hand the RFP clearly indicated that the Brewer Porch seeks a Fixed Meal Rate Contract whereby Brewer Porch pays the food service management company based on a set price per meal served and does not

6 reimburse the food service management company for the costs incurred to operate the client s food service program. (See Definitions, pages 6 7.) Thus, the food service management company bears all of the risks associated with the costs of operating the Brewer Porch s food service program, including the cost of food and supplies. One the other hand, Brewer Porch includes references to Maximum Allowable Costs. (See Section 4.4D, page 14, Section 4.4NN.1, Page 33, Section 4.5 page 34, and section6.4, page 47.) A Maximum Allowable Cost (or MAC rate) contract is one where Brewer Porch reimburses the FSMA for its costs up to a certain threshold. Thus, it is a hybrid of a Fixed Meal Rate Contract and Cost Reimbursable contract. Please confirm that consistent with acknowledgement in on page 6 of the RFP that [a]ll contracts between FSCMs and SFAs in Alabama are firm, fixed price contracts and hence Brewer Porch seeks a Fixed Meal Rate Contract. Yes, Brewer Porch seeks a Firm Fixed Meal Rate Contract. 26. Section 4.4HH.1 of the RFP provides that the FSMC will credit all discounts, rebates, bonuses, trade discounts and other procurement benefits to Brewer Porch s nonprofit food account (RFP, page 30). The USDA rules and regulations regarding discounts and rebates only apply to cost reimbursable contracts, which are also referred to as management fee contracts. See Final Rule, Food and Nutrition Service, USDA, Procurement Requirements for the National District Lunch, District Breakfast and Special Milk Programs, 72 Fed. Reg ,61482 (Oct. 31, 2007) (also referred to herein as the Discounts and Rebates Final Rule ). Food service management companies take discounts and rebates into account in formulating their prices under a fixed price contract, and therefore the USDA has stated that the Discounts and Rebates Final Rule does not apply to a fixed price meal contract type. If Brewer Porch is seeking a fixed meal rate contract, will Brewer Porch confirm that the requirement to return discounts and rebates related to procurement under the agreement only applies to federally donated commodities and Fresh Fruit and Vegetable Program items? Yes, we confirm the requirement is to return discounts and rebates related to procurement under the agreement only applies to federally donated commodities and Fresh Fruit and Vegetable Program items. 27. Section 4.4HH.1 of the RFP also states that [a]ll purchases shall be made by the FSMA and shall be used solely in the SFA s nonprofit Child Nutrition Program. (RFP, page 30). Typically in a firmfixed price contract, the fixed price includes the cost of food and supplies, the purchasing is done by the FSMA, and the FSMC holds title to the goods (other than USDA donated foods), until used in meal preparation. Please confirm that (i) the FSMC will do the purchasing and (ii) include food and supply costs in it fixed meal rate.

7 We confirm that (i) the FSMC will do the purchasing and (ii) include food and supply costs in it fixed meal rate. 28. Section 4.4HH.2 of the RFP state that the FSMC must follow the procurement regulations as described in 7 CFR Part 3016, and the FSMC and Brewer Porch shall establish a written Procurement Plan that describes the SFA s procedures for the acquisition of food, supplies, services and equipment in accordance with Federal, State and local laws. The FSMC may not serve as a vendor unless Brewer Porch s Contract Official approves an appropriate bid process. It is our understanding that procurement requirement set forth in Federal regulations are fully satisfied when the district conducts its competitive procurement of the food service program. With respect Procurement Section of the RFP, please confirm that since FSMC awarded the contract pursuant to this RFP will have been chosen through a competitive bidding process, such selected FSMC will be able to use its established preferred vendor program to procure the requisite goods and services in order to fulfill the intentions of the RFP (as opposed to, for example, requiring the FSMC to engage in further competitive solicitations for the procurement of food for the operation). We confirm the FSMC will be able to use it s established, preferred vendor program to procure the requisite goods and services in order to fulfill the intentions of the RFP. 29. Please confirm that the last sentence in Section NN.1 (page 33) should read: The annual increase in the Maximum Allowable Cost for meals and services shall not exceed the yearly percentage change in the Consumer Price Index, Cost of Meals Away from Home. Yes, your correction to the aforementioned sentence is appropriate. 30. Use All Existing Commodities. FSMC must use all commodities and processed products in inventory carried over from any previous contract in the SFA s Child Nutrition Program, unless the SFA determines, and documents, in writing to the SA, that such foods are out of condition, in which case they must not be used (Section 4.4.BB.4, page 24). Please provide a full list of the current commodities and processed products in current inventory (or a list that you expect) the vendor would be responsible for purchasing at the start of the contract. We currently order food and supplies twice per week: thus, only a small inventory is maintained. However, we will provide a current inventory which the FSMC may purchase at the start of the contract. 31. Please define what standards of the daily school program the vendor will be responsible for?

8 The FSMC is responsible for compliance with standards defined by the RFP. 32. Please provide a list of companies whom attended the pre bid conference meeting. This information will not be provided. 33. Is there any desire for investment from the RFP process? An investment is not desired as we are providing the necessary equipment to operate the foodservice kitchen. However, if the FSMC prefers alternate equipment, the FSMC may submit a proposal to the SFA. 34. The meals that are listed in Attachment C page 49 of the RFP do not match the meals that are listed on page 80 of the RFP. Can you please provide some clarification as to which document has the correct meals and correct Attachment C if necessary? The Food Cost Analysis found on page number 80 is actual metrics for October 2014 March Attachment C on page number 49 is a one month estimate, and includes meal equivalency calculations. Thus, the calculation method varies on these two pages. Please utilize Attachment C for calculation purposes. 35. Please provide the food cost analysis worksheet for April September 2015? See Q & A Attachment Number What was the annual total dollars for USDA commodities received for the school year 14 15? Approximately $6, Is the Brewer Porch Children s Center equipped with re usable service ware (Silverware, plates, trays, etc.) and a dishwasher or are disposable products necessary? We have reusable plates, bowls, trays, etc and we have a dishwasher. We do not use regular silverware for safety reasons; we utilize disposable plastic eating utensils. Disposable products are needed on occasion. For example, a child may be physically ill and need to eat at the residential unit.

9 38. Will additional follow up questions be allowed after January 7 due date if further insight or clarification is necessary? Additional questions may be allowed at the discretion of the University of Alabama. 39. Please provide a copy of the prior year s financial statement for the Brewer Porch Children s Center? This information will not be provided. 40. Please provide a copy of the claim forms for the reimbursements of the program for the school year 14 15? See Q & A Attachment Number Please provide a copy of the current staffing chart for the program (number of employees and hours worked by each employee)? The SFA currently has four (40) full time food service staff plus one (1) full time manager. These five (5) full time staff are scheduled to work 40 hours per week. See Q & A Attachment Number Please describe the meal service levels during the summer and what/if any changes happen to the service levels. The number of meals decrease by approximately per day during a two week period at the end of the spring semester (approximately the last week of May and first week of June), and again two weeks prior to the beginning of the fall semester (approximately the last week of July and the first week of August). See updated Food Cost Analysis (Q & A Attachment Number 3 for additional information).

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32 Request for Proposal T Proposal Due Date February 4, 2016 Food Service Management Program for Brewer Porch Children s Center

33 REQUEST FOR PROPOSAL ATTENTION: This is not an order. Read all instructions and terms and conditions carefully. INVITATION NO.: T Issue Date: 12/3/2015 Title: Food Service Management Program for Brewer-Porch Children s Center Buyer: Mr. Lane Cox Phone: or lcox@fa.ua.edu RETURN ALL COPIES OF PROPOSALS TO: THE UNIVERSITY OF ALABAMA PURCHASING DEPARTMENT (Street Address) 1101 Jackson Ave Suite 3000 Tuscaloosa, Alabama OR (Mailing Address) Box Tuscaloosa, Alabama PHONE: (205) FAX: (205) Proposal Responses may NOT be faxed or ed. IMPORTANT: PROPOSALS MUST BE RECEIVED BY 2:00 PM CST TIME Proposal number and opening date must be clearly marked on the outside of all proposal packages. 1. Pursuant to the provisions of the State of Alabama Competitive Bid Law, Section and/or 39-2, rules and regulations adopted there under sealed bids will be received on the items noted herein by The University of Alabama Purchasing Department until the date and time stated above. In accordance with Alabama State Bid Law Section , where applicable, the University reserves the right to enter into negotiations within thirty (30) days of the proposal opening. 2. The University s General Terms and Conditions and Instructions to Bidders, viewable at apply to this Solicitation and shall become a part of any contract issued hereunder. 3. For purposes of this Solicitation, the Solicitation documents shall consist of the following components: a) Request for Proposal and any Addenda; b) General Terms and Conditions; c) Instructions to Bidders In the event that any provision of the component parts of the Solicitation conflicts with any provision of any other component parts, the component part first enumerated shall govern. 4. This Agreement and any disputes hereunder shall be governed by the laws of the State of Alabama without regard to conflict of law principles. CERTIFICATION PURSUANT TO ACT NO Alabama law (section , code of Alabama 1975) provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases in Alabama. By submitting a response to this solicitation, the bidder is hereby certifying that they are in full compliance with Act No ; they are not barred from bidding or entering into a contract pursuant to , and acknowledge that The University of Alabama may declare the contract void if the certification is false. DISCLOSURE STATEMENT 1. If you or any owner, officer, partner, board or director member, employee, or holder of more than 5% of the fair market value of your firm or any member of their households is an employee of The University of Alabama, this information must be included in your solicitation response. Failure to disclose this information in your response may result in the elimination of your proposal from evaluation. 2. If you or any owner, officer, partner, board or director member, employee, or holder of more than 5% of the fair market value of your firm or any member of their households is an employee of The University of Alabama; and you or your firm is awarded a contract as a result of this solicitation, then within ten (10) days after the contract is entered into, you agree to file a copy of that contract with the State of Alabama Ethics Commission in accordance with Code of Alabama, Section and upon request by the University furnish evidence of such filing. 3. By accepting payments agreed to in any purchase order resulting from this proposal, Contractor certifies that to its knowledge no University employee or official, and no family members of a University employee or official, will receive a benefit from these payments, except as has been previously disclosed, in writing, to the University on the Disclosure Statement of Relationship Between Contractors/Grantees and Employees/Officials of The University of Alabama. AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided in Code of Alabama that 1. In accordance with Code of Alabama Section , amended 1975 that the attached response has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or competition; 2. The contents of the proposal or proposals have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the proposal or proposals and will not be communicated to any such person prior to the official opening of the proposal or proposals. 3. The bidder is legally entitled to enter into contracts with The University of Alabama and is not in violation of any prohibited conflict of interest, including those prohibited by the Code of Alabama 13A-10-62, as amended I have fully informed myself regarding the accuracy of the statement made above. THIS AREA MUST BE COMPLETED DELIVERY AFTER RECEIPT OF ORDER: NAME OF COMPANY: PHONE: FEDERAL EMPLOYER ID NO.: ADDRESS: FAX: PAYMENT TERMS: ADDRESS: SHIPPING TERMS: F.O.B. DESTINATION PREPAID AND ALLOWED CITY, STATE & ZIP CODE: QUOTE VALID UNTIL: SIGNATURE: Typed/Printed Name of Signor SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the Offeror. Type or print the information requested in the spaces provided. DATE:

34 TABLE OF CONTENTS 1.0 INTENT AND SCOPE INFORMATION AND EXPECTATIONS DEFINITIONS GENERAL SPECIFICATIONS Contract Term Effective Date Entire Contract Technical Specifications Financial Specifications PROPOSAL GENERAL REQUIREMENTS Key Event Dates Issuing Department Respondent Communication Questions Pre-Proposal Conference Preparation of Offers Proposed Deviations from the Request for Proposal Proposal Submission and Deadline Addenda Financial Statements Respondent Presentations Disclosure of Respondent s Response Restrictions on Communications with University Staff Cost of Preparing Proposal Disposition of Proposals Alternate Proposals Oral Representation and Past Practice Section Titles in the RFP No Contingent Fees Proposals Addenda and Rules for Withdrawal Errors/Omissions Contractor Cooperation in Related Efforts Entire Agreement Governing Law Taxes Reports and Auditing Termination for Convenience Prime Contractor Responsibility Assignment Premises, Equipment and Maintenance Employees Hazardous Materials and OSHA Communication Standards Customer Surveys after Contract Award Advertisement of Service Parking Patents, Copyrights and Trademarks University Visual Identity Internal Campus Supplier License Availability of Funds Non-Exclusive Contract PCI Compliance/Safeguarding Obligations Insurance Child Protection Policy 43

35 5.44 Non-disclosure Agreement State of Alabama Immigration Law Compliance PROPOSAL FORMAT AND CONTENT Proposal Information and Criteria Checklist for FSMC RFP Attachments Attachment A Letter of Intent Attachment B Maximum Cost Allowance Attachment C Calculation of Management Fee Attachment D Contractor Certification and Surety Bond Attachment E Twenty-Eight Day Cycle Menu Attachment F Written Assurance Attachment G Plan to Credit Commodities Attachment H Marketing Plan Attachment I Training Plan Attachment J Advisory Council Plan Attachment K List of Additional Expendable and Non-expendable Equip Attachment L Management Company Experience Attachment M Reference Checklist for FSMC Personnel Attachment N Annual Report Attachment O Certification Regarding Debarment Attachment P Drug-Free Workplace Policy Attachment Q Non-Collusion Affidavit Attachment R Certificate of Independent Price Determination 69 Contract/Agreement Authorization 70 Exhibits PROPOSAL EVALUATION PROCESS AND AWARD Proposal Evaluation Criteria Evaluation Process Competitive Negotiation Appearance Before Committee Acceptance or Rejection and Award of Proposal Additions, Deletions or Contract Changes Rejection Criteria and Guidance for Evaluation Evaluation Committee Guidance Criteria for Selection of FSMC Contractor RFP Evaluation Score Sheet Evaluation Committee Checklist Unallowable SFA-FSMC Contract Document Provisions 79 Appendix Food Cost Analysis 80 Appendix Brewer Porch Inventory 81 Appendix Drawings/Floor Plans 92 Appendix Insurance Requirements 93 Appendix Child Protection Addendum to Contract 95 Appendix Non-disclosure Agreement 96 Appendix State of Alabama Immigration Compliance Law 99 Appendix Certification of Compliance with Immigration Law 100 Appendix E-Verify 101 Appendix Disclosure Statement 102

36 THE UNIVERSITY OF ALABAMA REQUEST FOR PROPOSAL 1.0 INTENT AND SCOPE The University of Alabama is seeking sealed proposals for a Food Service Management Program for Brewer- Porch Children s Center as per attached general and technical specifications. This RFP is issued for the purpose of obtaining proposals and entering into a contract to provide a Food Service Management Program for The University of Alabama Brewer-Porch Children s Center. The contractor or Food Service Management Company, FSMC, shall offer assurances that all operations addressed in this RFP will be conducted in a manner that is consistent with the goal of the University s Child Nutrition Program which is to provide nutritionally balanced meals of high quality to students at an economical price in an attractive, appealing and friendly environment and comply with all laws, regulations, statutes and policies that govern the National School Lunch and Child Nutrition Program. The FSMC shall operate the SFA s Child Nutrition Program for the benefit of the students, faculty, staff and guests. The FSMC shall operate the Child Nutrition Program in accordance with state and federal laws governing the operation of a non-profit Child Nutrition Program. Federal regulations found in 7 CFR Parts 210, 220, 245, 250 and 3016, USDA issued guidance, FNS instructions and policy memoranda issued by the United States Department of Agriculture, Food and Nutrition Service; United States Office of Management and Budget Circulars for Federal Grants; and policies of the State of Alabama, Department of Education, School Programs Section. The FSMC shall operate in conformance with the SFA s Agreement with the State Board of Education. The Brewer-Porch Children s Center operates 365 days a year and serves breakfast, lunch, dinner and snacks daily to children, faculty and staff. The contractor will be required to manage, fully staff, and provide food to operate the kitchen at the Brewer-Porch facility. The general and technical specifications, together with the related information, drawings and any addenda, comprise the requirements for this project. Contractor must begin providing the products and/or services on the date stated in the RFP and the execution of a contract or purchase order. University departments may use various methods to order products or services in which case, the Contractor is expected to accommodate any such requirements including, hard copy purchase orders, procurement card orders and electronic commerce. Any contract resulting from this request will be made available to other eligible entities. This may include but is not limited to; The University of Alabama System, comprised of The University of Alabama; The UAB Enterprise, consisting of The University of Alabama at Birmingham, the UAB Health System and their related foundations and affiliates, and The University of Alabama in Huntsville, Huntsville, AL; and other state entities. Contracts resulting from the award of this request cover shipments by any entity listed above. Each entity will generate its own purchase orders, payments, etc. and delivery must be made according to the instructions on the purchase order. The thrust of the contract is to obtain greater volume price discounts by combining the volume of purchases from participating entities within the State of Alabama. The duration of the Contract shall be for a period of up to one year, beginning on May 2, 2016 and ending on May 1, 2017, with a maximum of four (4) 1-year renewals contingent upon the mutual agreement between the SFA and FSMC. Renewals or extensions of the contract are also contingent upon the FSMC s fulfillment of the contract provisions contained herein, including those provisions related to commodities. The SFA shall be legally responsible for the SFA s nonprofit Child Nutrition Program and shall supervise the food management operations in such manner as will ensure compliance with the rules and regulations described. The SFA shall conduct monthly performance, accountability, and other reviews and as required by State and Federal regulations and guidelines as well as periodic on-site reviews to include: inspection of food and supplies received, food preparation, storage and service areas, food production and meal service and sanitation and safety practices. Such reviews shall be documented by the SFA and maintained on file for inspection by the SA. The FSMC, as an independent contractor, shall have exclusive right to provide food services for the schools designated by the SFA in this RFP (Appendix A) for the National School Lunch Program, School Breakfast Program and After School Snack Program, if applicable

37 The FSMC shall be an independent contractor and not an employee of the SFA. Employees of the FSMC are not employees of the SFA. All income accruing as a result of payments by children and adults, federal and state reimbursements, commodities and all other income from sources such as donations, special functions, a la carte sales, contract or catered meals, proceeds from the sale of food service equipment, interest payments and other sources related to the Child Nutrition Program shall be deposited in the SFA s nonprofit Child Nutrition Program account. Any profit or guaranteed return shall remain in the SFA s nonprofit Child Nutrition Program account. The SFA and the FSMC agree that this contract is neither a cost- plus-a-percentage-of-income nor a cost-plus-a-percentage-of-cost contract as required under the USDA Regulations 7 CFR (c) and 7 CFR The SFA shall retain control of the SFA s nonprofit Child Nutrition Program account and shall assume overall financial responsibility for the Child Nutrition Program. The SFA shall monitor the Child Nutrition Program to ensure that both parties (FSMC and SFA) comply with the Contract. Periodic on-site reviews shall be conducted by the SFA to ensure that the program is in conformance with all Federal, State and local regulations, laws, and procedures. The SFA will conduct an on-site review of each school to observe the counting and claiming system no later than February 1 of each year as required by 7 CFR Authorized representatives of the SFA, the State Agency and USDA shall have the right to conduct unannounced, on-site administrative reviews of the Child Nutrition Program, including the inspection of all records and supporting documentation associated with the Child Nutrition Program

38 2.0 INFORMATION AND EXPECTATIONS The University of Alabama, the State of Alabama s oldest public university located in Tuscaloosa, is a senior comprehensive doctoral level institution. The University was established by constitutional provision under statutory mandates and authorizations. Its mission is to advance the intellectual and social condition of the State through quality programs of teaching, research, and service. As one of the major residential campuses in the State, the University enhances the academic and personal growth of its approximately 37,000 students and workforce of 6,000 through its on-campus environment. The University s research, creative activities, and instructional programs form a foundation for extensive service activities, establishing a number of partnerships with business, non-profit organizations, and government through applications of new knowledge. These relationships often extend beyond the bounds of the State as the University assists developmental efforts at regional, national, and international levels. The University maintains a philosophy of excellence in all of its programs. The University expects its Contractors to provide and adhere to the same standard of excellence and the products and/ or services provided must be reflective of this quality. The University expects the Contractor to provide the customer service, time, resources and personnel necessary to provide excellent products and/ or services. The University of Alabama s Brewer-Porch Children s Facility serves the needs of approximately 175 children and staff with special needs and serves breakfast, lunch, dinner and three (3) snacks daily. The facility operates 365 days a year and also houses many of these children. The University intends to contract with a Food Service Management Company to provide a full service program to include, but not limited to, providing management, oversight, staff, food and all necessary products to operate the existing kitchen at the facility. The facility currently provides an average of approximately 9500 meals monthly and 6200 snacks monthly. Please see Appendix Food Cost Analysis. The facility currently has a newly renovated dining hall, fully functional kitchen that will be maintained in excellent working order during the term of this contract. The University of Alabama will be responsible for all maintenance, repair and/or replacement of equipment as needed and as solely determined by the university. The FSMC will be responsible for daily, routine cleaning of the kitchen, appliances and dining area. The FSMC will also be responsible for the removal of trash from the kitchen and dining areas to be placed in an outside trash container designated by the University. Included is a list of equipment currently available for use in the kitchen. We have also included drawings and floor plans of the kitchen and dining room. Please see Appendix Brewer Porch Inventory and Appendix Drawings/Floor Plans

39 3.0 DEFINITIONS Addenda - means written or graphic instructions issued by the University of Alabama prior to the receipt of Proposals that modify or interpret the Request for Proposal documents by addition, deletions, clarification, or corrections. Offer or Proposal - means the Respondent(s) response to this Request for Proposal. Respondent - means a person, company, corporation or other the entity group submitting a proposal. Contract - shall mean the contract awarded to a Contractor pursuant to this Solicitation. Contractor - means the entity receiving a contract award. May - indicates something that is not mandatory, but permissible/desirable Shall, Must, or Will - indicates a mandatory requirement(s) that must be addressed. Failure to address these mandatory requirements may result in rejection of your proposal as non-responsive. However, the University reserves the right to request additional information, but is not required to do so. Should - indicates something that is recommended, but not mandatory. If the Respondent fails to provide recommended information, the University may, at its sole option, ask the Respondent to provide information or evaluate the proposal without the information. Manufacturer - indicates an entity which makes the products from raw materials outlined in this RFP, all of its agents and employees Days - All days specified are based on calendar days, unless otherwise noted. Immigration Law - means the Alabama Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990 and the Beason-Hammon Taxpayer and Citizen Protection Act (Act ). Purchasing - means The University of Alabama, Purchasing Department, Room 1101 Jackson Ave, Suite 3000, South Lawn Office Building, Tuscaloosa, AL Purchasing Officer - means The University of Alabama s appointed contracting representative. Responsible Respondent - means a Respondent who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance. Solicitation - means Request for Proposal (RFP). University or UA - means The University of Alabama. Premises - means University facilities located in Tuscaloosa, AL. Facilities - means existing University real properties and any improvements thereon or those acquired after award of the RFP. School Snack Program a component of the National School Lunch Program to reimburse schools for providing nutritious snacks to children in after school programs. The after school program must be operated by a school that participates in the NSLP, the after school program must provide structured, supervised, regularly scheduled care in an after school setting and the program must include education and/or enrichment activities. Agreement All terms and conditions provided by the SFA in the RFP and FSMC s written responses to the RFP. Appendices documents to be provided by the SFA to the FSMC as part of the RFP/Contract. Attachments documents to be provided by the FSMC in response to the RFP/Contract

40 ADA Average Daily Attendance; daily student attendance averaged over a specified period of time divided by the total number of school days ADM Average Daily Membership total school enrollment within the SFA ADP Average Daily Participation The average number of children, by eligibility category, participating in the program each operating day. These numbers are obtained by dividing (a) the total number of free lunches claimed during a reporting period by the number of operating days in the same period; (b) the total number of reduced price lunches claimed during a reporting period by the number of operating days in the same period; and (c) the total number of paid lunches claimed during a reporting period by the number of operating days in the same period. Board is the Local Board of Education of the School Food Authority (SFA). The SFA s Board of Education will provide final approval or disapproval to the Evaluation Committee s recommendation. Child Nutrition Program is the preparation and service of food to the SFA s students, staff, employees and authorized visitors. The Child Nutrition program may include, but is not necessarily limited to the National School Lunch Program, the School Breakfast Program, the After School Snack program, the Seamless Summer Food Service Program, catering services and a la carte food service. Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. CN (Child Nutrition) Label indicates that the product conforms to the nutritional requirements of the USDA Food and Nutrition Service (FNS). The label shows the contribution made by a given amount of product toward meal requirements. Contract Award is the awarding of a contract to a successful bidder signifying the acceptance of the proposal. Competition is the process by which two or more companies attempt to secure the business of a customer by offering the most favorable terms as to price, quality and service. Competitive Foods are any foods sold on the school campus that compete with the school breakfast and lunch programs. Violation of the state s Competitive Foods Policies may result in reclaims of Federal funds to support the SFA s school breakfast or lunch programs. Contract is a formal, legally enforceable agreement duly executed by the authorized representative of the SFA and the FSMC. The SFA s RFP and the contractor response to the RFP are made a part of the final contract document. Contract Documents any letters, forms, attachments or other documents the bidder submits with the proposal and any documents provided by the SFA in the context of this RFP. Administrative Review/Coordinated Review Effort (CRE) a system of federal/state reviews of school district meal programs. The CRE is designed to evaluate SFA s compliance with meal service and claiming requirements and provide technical assistance to improve program management. Where the SFA is out of compliance with federal and/or state regulations, a Corrective Action Plan is required and funds may be withheld until such time as compliance is achieved. The SA will conduct a CRE in the first year of each Contract between the SFA and FSMC. Current Year the period beginning May 2, 2016 and ending May 1, Decimals - Meal charges are to be carried out four (4) decimal places, if applicable. Direct Cost a cost that is incurred specifically for one activity that can be identified specifically with that cost. In order to qualify as a direct cost in the NSLP, the Child Nutrition Program must receive a direct bill or invoice for a specific cost incurred only by the Child Nutrition Program and no other program. Duration of the contract must be limited to one year, with the effective beginning and ending dates stated in the contract. The beginning date should not be prior to the date the contract is signed. Annual Renewals will be permitted. The contract will state the date by which the renewal must be executed by both the SFA and FSMC, - 5 -

41 December 1. Although four (4) one-year renewals are permitted, contracts cannot contain automatic renewal provisions. The renewal date must occur on or prior to the expiration date of the current contract. Any provisions, including adjustments to payments that will be used for renewing contracts, must be stated in the RFP and the Contract, as applicable. These alterations cannot result in substantive changes to the original contract. If the school district (SFA) determines that significant changes are necessary, the SFA must re-bid the contract. The following changes would normally not substantially change the contract: Number of Schools - new schools added; Changes in Enrollment - decreases and increases in student enrollment and the corresponding change expected in participation; Changes in Price - meal price changes (determined by the SFA); Cost Increases - cost increases limited to a measurable index (such as the Consumer Price Index for All Urban Consumers); and Meal Equivalency -minor adjustments to the per meal equivalency. Examples of substantive changes which could require the SFA to re-bid the contract include: the addition of a program, such as the SBP; major changes to the formula for determining meal equivalency; a major shift in responsibilities for SFA/FSMC staff; and significant changes in the basis for determining guaranteed returns. Exhibits documents the FSMC may choose to use to calculate their maximum allowable cost per meal. Expendable Equipment Items utilized in the preparation of food, including but not limited to pots, pans and kitchen utensils. Expendable equipment also includes any item used in the nonprofit Child Nutrition Program with a useful life of more than one meal service and with a purchase value per unit of $4, or less. Food Based Menu Planning A menu planning approach that requires specific food group components in specific amounts for defined established grade groups. Food Service Facilities Areas, improvements, personal property and facilities made available by the SFA to the FSMC for the provision of the Child Nutrition Program services. FNS is Food and Nutrition Service of the United States Department of Agriculture. FSMC is the Food Service Management Company. FSMC's Responsibility requires each FSMC to fully acquaint himself with conditions relating to the scope and restrictions attending the execution of this request for proposal (contract). The failure or omission of a FSMC to acquaint himself with existing conditions within the LEA, the county or state shall in no way relieve the FSMC of any obligation with respect to the proposal or contract. Firm, Fixed-Price Contract. All contracts between FSMCs and SFAs in Alabama are firm, fixed-price contracts. The FSMC is required to perform the work described in the Contract for a firm, fixed price to be negotiated between the FSMC and the SFA. The firm, fixed price will include all costs associated with fulfilling the terms of the Contract. No additional costs will be allowed in conjunction with the Contract. The price is not subject to any adjustment on the basis of the contractor s cost experience in performing the contract. In order to provide for monthly payments, the contract may require monthly progress reports, listed by contract line item number, and allow for payment of that portion of the work upon submission of each report. Upon satisfactory completion of the work and delivery of all items required, the contractor is paid the remaining contract amount. The firm-fixed price contract includes any management fee and/or administrative allowance for the financial reporting, legal, tax and audit services and management oversight provided to client locations by FSMC at the regional and corporate levels. Such allowance shall be in an amount mutually agreed upon between the FSMC and the SFA and will be stated as an amount per (i) meal served under the National School Lunch Program and (ii) meal equivalents served. Gross Receipts The total of all cash receipts and reimbursements received by the SFA and other revenue under the SFA s nonprofit Child Nutrition Program

42 Indirect Cost is a cost of a general nature which is not readily identifiable with the activities of the Child Nutrition Program and incurred for a common or joint purpose benefiting more than one activity or cost objective. Indirect Cost Rate is a device for determining in a reasonable manner the proportion of indirect costs the Child Nutrition Program should bear. It is the ratio (expressed as a percentage) of the indirect costs to a direct cost base. Rates are published by ALSDE annually by July 1. Management Fee is a component of the fixed, firm price contract and includes FSMC s allowance for the financial reporting, legal, tax and audit services and other management services provided at the FSMC s regional and corporate levels. The management fee is included in the firm, fixed price. Meal Equivalents are the common denominator for calculation of the management fee and the per meal guarantee. The meal equivalent formula shall be determined by dividing the total of cash receipts, other than from sales of National School Lunch and Breakfast Program meals of Cash Equivalents by the Equivalency Factor. For the purpose of computing the foregoing meal counts, the number of National School Lunch Program meals and Summer Food Service Program lunches served to children and adults shall be determined by actual count. The number of breakfast meals served to children under the School Breakfast Programs and Summer Food Service Program shall be divided by two, and the number of after-school snacks served to children through the National School Lunch Program shall be divided by four. A la carte meal equivalents shall be computed by dividing a la carte revenues by $3.00. A la carte revenue shall include a la carte sales to students and adults. Catered meals are not included in meal equivalents. The meal equivalent formula may be calculated as follows: 1. One student lunch = 1 meal equivalent 2. Three student breakfasts = 2 meal equivalent 3. Three student snacks = 1 meal equivalent 4. A la carte revenues divided by $3.00 = 1 meal equivalent *A la carte includes: all adult meals, all student a la carte, all vended, catered, special functions. (Any sale of food other than a student reimbursable meal). National School Lunch Program (NSLP) The program offers financial assistance for each lunch served to children, and additional financial assistance for each lunch served free or at a reduced price to eligible children. The maximum amount reduced price students may be charged is 40 cents. To receive federal assistance, lunches must provide one-third of the Recommended Dietary Allowance (RDA) for protein, calcium, iron, Vitamin A, Vitamin C, by specific age/grade groups. Non-expendable Equipment is defined as any item with a per unit purchase of $4, or more. Nonprofit Child Nutrition Program all Child Nutrition program operations conducted by the SFA are principally for the benefit of students within the school district. All revenues obtained through the nonprofit school Child Nutrition Program will be used solely for the operation or improvements of the Child Nutrition Program. Nutrition Analyses provide detailed nutrition information on planned program menus. All menus must be planned to meet the 2010 Dietary Guidelines for Americans. The FSMC proposal will include a nutrition analysis for each menu planned for all programs operated. Nutrition analyses must be available for all program meals planned and served daily during the contract period(s). (The nutrition analysis software program used must be approved by USDA.) Nutrition Standards minimum nutrient requirements as prescribed by the US Department of Agriculture (7 CFR 210) or the Alabama Healthy Snack Standards for Foods and Beverages at School. Offeror a vendor who responds to a solicitation; for this purpose, the bidder (offeror) is the FSMC responding to the RFP. OMB Circular A-102, Attachment O - the official Federal regulations governing procurement activities of State and local grantees of Federal funds and specifically addresses procurement activities of local Child Nutrition Programs receiving Federal funds issued by USDA. On-site is defined as the physical location of the food preparation facilities of the school district as presented in RFP