SPECIFICATIONS AND REQUEST FOR PROPOSAL (RFP) FOR VENDED FOOD SERVICE COMPANY SCHOOL BREAKFAST, LUNCH & SNACK PROGRAM

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1 SPECIFICATIONS AND REQUEST FOR PROPOSAL (RFP) FOR VENDED FOOD SERVICE COMPANY SCHOOL BREAKFAST, LUNCH & SNACK PROGRAM Marion P. Thomas Charter School Mr. Femi Amorin, CPA School Business Administrator/Board Secretary 370 South 7 th Street Newark, New Jersey BID DUE DATE May 15, 2013 BID OPENING: May 15, 2013 at 2:00 P.M. Contract Date July 1, 2013 June 30, 2014 FUNDED CHILD NUTRITION PROGRAMS BID NO.:

2 REQUEST FOR PROPOSALS Prepare and deliver The Marion P. Thomas Charter School is requesting proposals for vended meals for breakfast, lunch and snack. Proposals are due in the Business Office no later than May 15, 2013 at 10:30 a.m. Please address any questions concerning this request to: Femi Amorin,CPA Business Office MARION P. THOMAS CHARTER SCHOOL 370 S. 7th Street Newark, New Jersey Telephone: (973) Fax: (973)

3 School Year INSTRUCTIONS for VFSC QUOTATIONS The organization or individual responding to this request will be referred to as the VFSC Food Service Company ( VFSC ). The contract will be between the VFSC and Marion P. Thomas Charter School ( MPTCS ), the Local Educational Agency ( LEA ), an approved charter school by the state of New Jersey Department of Education. The VFSC will supply Meals to the MPTCS that comply with the nutrition standards established by the United States Department of Agriculture (USDA). PURPOSE OF REQUEST FOR PROPOSAL (RFP) The purpose of this request is to provide MPTCS with a complete breakfast, lunch and snack for all of their students. MPTCS is accepting proposals and intends to enter into an agreement with a VFSC that provides healthy nutritious vended school meals in accordance with terms, conditions and requirements set forth in this document and in complaint with the USDA School Food and Nutrition Regulations. The meals will be delivered to two locations: MPTSC South 7 th Street, Newark, NJ and MPTCS South 9 th Street, Newark, NJ The program will include the use of federally donated commodities. Please provide separate quotes for lunch alone, breakfast alone, snack alone, breakfast and lunch only, breakfast and snack only, lunch and snack only and for breakfast, lunch and snack. The Pre-k meals must be served family style, i.e. in separate tray for each entree. The must be five (5) separate trays per entrée, one for each class room. MPTCS reserves the option of using more than one VFSC to supply their VFSC services. ADMINISTRATIVE GUIDANCE The information provided herein is intended to assist VFSC in the preparation of proposals necessary to properly respond to this Request For Proposals (RFP). The RFP is designed to provide interested VFSC s with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal s content or exclude any relevant or essential data. VFSC s are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement. Each VFSC will be required to participate in a blind food tasting session prior to the award of any contract. The blind food tasting event will take place at 370 So. 7 th St., Newark, NJ on May 8, 2013 at 11 am in the cafeteria. NO VFSC will be awarded a contract unless they participated in the Food Tasting Session. VFSCs must notify Ms. Dickens at (973) ext no later than April 30, 2013 of the intent to participate in the Food tasting Session. All VFSC will be given a coded number so that no taster is aware of the name of the VFSC s food which they are tasted. Once all of the food is tasted and the results tallied, the VFSCs will be decoded and the corresponding tally sheet will be attached to the Bid of the appropriate VFSC. RESPONSE DATE A copy of your proposal must be received in the Business Office to the attention of MPTCS official on the day and time indicated on the first page titled Request for Proposals. Any proposal en route, either in the mail or other locations in any of MPTCS s offices, will not be considered timely and will be returned unopened. Proposals received after the deadline will be late and ineligible for consideration. Responses tendered by mail should be addressed to the school Business Administrator/Board Secretary with the exterior of the envelope being plainly marked, Vended Food Service Allow enough time for delivery before the due date. Interested parties or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting a proposal. Failure to do so will be at your own risk and he/she cannot secure relief on the plea of error. MPTCS is not liable for any cost incurred by any respondent prior to signing of a contract by all parties. Either party without the written consent of the other cannot assign the contract. TERM OF CONTRACT 3

4 The contract shall be between Marion P. Thomas Charter School and the Food Service Management company effective on July 1, 2013 and terminate on June 30, Contract will be for a period of one year with the option for four additional one-year renewals. CONSIDERATION OF PROPOSALS The Board of Trustees may award a contract based upon the initial proposals received without discussion of such proposals. Accordingly, each initial proposal should be submitted with the most favorable price and service standpoint. The Board reserves the right to reject any and all proposals received. In addition, the Board of Trustees reserves the right to waive any irregularities in proposals and to make all decisions in the best interest of MPTCS. Bidders may obtain copies of the RFP by accessing For additional information please contact Femi Amorin, School Business Administrator/Board Secretary at

5 BASIC VFSC REQUIREMENTS The intent of this request for proposal is for MPTCS to enter into an agreement with a VFSC Food Service Company that specializes in healthy and nutritious vended school break, lunch and snack meals in accordance with terms and conditions and requirements set forth in their Request for Proposal and compliant with the United States Department of Agriculture School Food and Nutrition Regulations. It is also the intent of this proposal to enter into a contract for meals which the students will eat. All meals will be delivered daily to the school s two locations. The VFSC is required to maintain the appropriate state and local health certifications for their facility and will package and deliver these meals in accordance with the food safety guidelines of the appropriate governing health departments. All bids must be in compliance with the contract conditions provided by the Department of Agriculture School Nutrition Programs VFSC Contract, Form #233. VFSCs must submit with their sealed bid, a copy of the current state and local health certificates. The following conditions must be met at a minimum and addressed in proposals. 1. All meals supplied will be National School Lunch Program/School Breakfast Program Compliant by VFSC and will conform to the USDA menu pattern requirements specific to the Enhanced Food Based Menu Planning option. 2. All bids must indicate that low fat, non-fat milk will be provided with each Meal. 3. The VFSC S food service program must also meet the following criteria: Hormone Free Milk Fresh Fruits Daily w/variety in season and local when possible sugar and fructose-free fruit cups Reduce Sodium Making sure that ingredients are recognizable and not artificial Emphasis on whole grains & 100% whole wheat/whole grain breads Eliminate high fructose corn syrup, trans-fat and artificial sweeteners. 4. VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by MPTCS. 5. VFSC shall be responsible for the condition or care of MEALS until they are delivered to the school. MPTCS reserves the right to inspect and determine the quality of food delivered and specification on the contract. MPTSC will not pay for meals that are spoiled or unwholesome at time of delivery. The VFSC shall not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified time period and meals rejected because they do not comply with the specifications. MPTCS reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The VFSC will be responsible for any excess cost, but will receive no adjustment in the event the meals are procured at a lesser cost. MPTCS shall notify the VFSC in writing as to the number of meals rejected and the reason for the rejection. 6. When requested by MPTCS, the VFSC shall provide MPTCS with sack lunches for field trips. All meals for field trips must meet the appropriate meal pattern requirements. 7. VFSC shall provide to MPTCS no later than one (1) week prior to the end of each month, a monthly menu covering the meals to be served for the following month. 8. The VFSC must have extensive involvement and experience in the school food delivery services field and create a breakfast, lunch and snack menu that is separated from grades Pre-Kindergarten, Kindergarten to 4 th grade and from 5 th grade to 8 th grade for each month, including snack options. 5

6 9. VFSC shall be responsible for maintain the proper temperature of the meal components until they are delivered and opened by MPTCS. a. VFSC who receives the breakfast and/or lunch bids must be prepared to supply a stove. If the stove is at an additional cost, the price must be included in this proposal. Failure to provide a separate quote for the stove will mean that the usage of the stove for the term of the contract is included in the response to this bid at no additional cost. 10. VFSC shall maintain all necessary record on the nutritional components and quantities of the MEALS served by MPTCS and make said records available for inspection by State and Federal Authorities upon request. 11. EQUAL OPPORTUNITY: During the performance of this contract, the VFSC will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. VFSC must comply with Mandatory Equal Employment Opportunity Language N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27 (See exhibit A). 12. Company must be registered with the New Jersey State Department of Education, Bureau of Child Nutrition Programs for the school year. 13. VFSC shall provide documentation that insurance for professional liability/malpractice coverage and workers compensation with limits as to liability acceptable to the Board of Trustees. 14. New Jersey Business Registration Certificate. 15. Corporate Disclosure Statement. 16. Political Contribution Disclosure Business entities are requires to file an annual disclosure statement of political contributions with the NJ Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-1 et seq. and N.J.S.A.19:44A-20.26, if they receive contributions in excess of $17, from public entities in a calendar year. 17. Certificate Regarding Debarment and Suspension. 18. Certificate of Independent Price Determination. 19. Certificate regarding Lobbying. 20. All bids must include: A copy of the VFSCS current health permit for the facility at which meals will be prepared and food items stored. Verification of VFSCs used for rbst-free milk, natural and organic products, fresh produce VFSCs and sample menus of health meals with the required food items included. Cost of paper good and utensils if separate, or they will be determined to be included in your bid. 21. Award of Contract: MPTCS reserves the right to waive any informalities or to reject any or all bids. Award will be based on the best proposal most advantageous to MPTCS. Determination will be made by consideration of proposal, experience in similar engagements and references, along with taste of the food and the cost of services. 22. References (REQUIRED): Use Schedule A:1: LEA school Receiving Vended Meals. Respondents, please list two (2) schools, with contact name, telephone number and address, who have been using your company for similar or like services in the past 36 months. By listing references, respondent agrees that THE LEA may investigate these references and consider them as a basis to determine award of this RFP. 6

7 23. THE LEA or VFSC may cancel this contract for cause by giving 60 days written notification to the other party. 24. All proposals shall be valid and may not be withdrawn for sixty (60) days after submission. Sealed bids will be received at Marion P. Thomas Charter School, the LEA, 370 S. 7th Street, Newark, New Jersey Attention: Femi Amorin, School Business Administrator/Board Secretary. All sealed Proposals must be submitted by 10:30 am, May 15, The opening of the bids will occur on May 15, 2013 at 2:00 pm at Marion P. Thomas Charter School Conference Room (Elementary School) South 7 h Street, Newark, NJ The sealed Proposals must be clearly marked VENDED FOOD SERVICE. 7

8 OBJECTIVES OF THE BOARD OF TRUSTEES The successful VFSC shall conduct the food service program in a manner which best fulfills the following objectives: 1. Provider reliable delivery of a school breakfast, lunch and snack for our MPTCS s Funded Child Nutrition Program. Deliver the school breakfast, lunch and snack at the lowest possible cost without sacrificing quality. 2. To provide an appealing and nutritionally sound funded breakfast, lunch and snack. An important goal of the Board is maximize participation, provide a healthy meal (break, lunch or snack) while controlling expenses. 3. To promote nutritional awareness whenever the food service can interface with the MPTCS s teaching programs, nutrition groups, or Board Advisory Committees. 4. Maximize student interest and participation by seeking customer input, implementing menu variations and merchandising techniques and by good communication with all interested groups. 5. Keep the MPTCS appraised of legislation that may impact the funded food services. 6. Make periodic recommendations regarding operational and/or equipment needs which the Board may adopt, partially adopt, or abandon. 7. Cooperate with all community groups to enhance the public s perception of our MPTCS. 8. Work with District to implement Nutrition Policy, Food Service Biosecurity Policy and HACCP Plan. 9. Abide by all contract language required by the Bureau of Child Nutrition for the school year. 8

9 SPECIFICATIONS MPTCS participates in the National School Nutrition Program. Surplus food Commodities are available for use in the food service programs and it is the interest of MPTCS that such items be tastefully included in the menus to the greatest extent possible. When these Commodities are included in the menu a credit shall be given to MPTCS. Terms of the actual agreement with the successful VFSC will be developed through negotiation and shall be consistent with the rights reserved by MPTCS as described in these specifications. MARION P. THOMAS CHARTER SCHOOL GENERAL INFORMATION MPTCS anticipates the Enrollment to be 700 students for the School Year Pre- K to 8 th Grade. Pre-Kindergarten meals must be served family style with five (5) separate trays per entrée, one for each class. ADA for current school year is about 96%. We anticipate approximately 80% to 82% of enrollment will be Free and Reduced. 9

10 LOCAL EDUCATION AGENCY RESPONSIBILITIES Language in italics is directly from the NJ Required State Language for VFSC contracts Form #233. As Mandated by the NJ Bureau of Child Nutrition Programs ) The Local Education Agency shall remain responsible for ensuring that the food service operation is in conformance with its agreement under the program and shall monitor the food service operation through periodic on-site visitations. 7CFR (a) (2) and (3). 2) The Local Education Agency shall maintain applicable health certification and be assured that all state and local regulations are being met by a food service management company preparing or serving meals at the Local Education Agency s facility. 7CFR (a) (7) 3) The Local Education Agency shall establish all program and non-program meal and a la carte prices. 7CFR (a) (4). 4) The Local Education Agency shall retain signature authority on the State Agency-District Free and Reduced Price Policy Statement and Agreement to participate in the National School Lunch Program (NSLP), School Breakfast Program (SBP), Special Milk Program (SMP) and After School Snack Program (ASSP). 7CFR (a) (5) 5) The Local Education Agency shall establish internal controls, which ensure the accuracy of lunch counts prior to the submission of the monthly claim for reimbursement. 7CFR 210.8(a) At a minimum, the Local Education Agency shall: review edit check worksheets and make comparisons of daily free, reduced price and paid lunch counts against data which will assist in the identification of lunch counts in excess of the number of free, reduced price and paid lunches served each day to children eligible for such lunches; develop and implement a system for follow-up on those lunch counts which suggest the likelihood of lunch counting problems. conduct an on-site review of the lunch counting and claiming system employed by each school within the jurisdiction of the Local Education Agency. 6) The Local Education Agency shall be responsible for all contractual agreements entered into in connection with the school nutrition program (i.e., vending meals to other Local Education Agencies). 7CFR (b) 7) The Local Education Agency shall retain control of the non-profit school food service account and overall financial responsibility for the School Nutrition Programs and shall maintain a financial management system as prescribed by 7 CFR (a). 8) The Local Education Agency shall be responsible for ensuring resolution of program review and audit findings. 7CFR 210.9(b) (17) and (k) (1) (2) 9) The Local Education Agency shall develop, distribute and collect the parent letter and application for free and reduced price meals and free milk. 7CFR ) The Local Education Agency shall be responsible for determining and verifying applications for free and reduced price meals or free milk benefits and the conduct of any hearings related to such determinations. This responsibility shall not be delegated to the food service management company. 7CFR 245.6(c). 10

11 11) In order to offer a la carte food service, the Local Education Agency must offer all eligible children free, reduced price and full price reimbursable meals. 7CFR (a) 12) Local Education Agency shall establish all prices, including price adjustments for food items served under the nonprofit school food service account (e.g. reimbursable meals, a la carte service, adult meals and vending machines) 7CFR (a)(4). 13) The Local Education Agency shall purchase, to the maximum extent possible, domestic commodities or products. Domestic commodities and products means an agricultural commodity that is processed in the United States substantially using agricultural commodities that are produced in the United States, or an agricultural commodity produced in the United States. 7CFR (d) QUALITY, EXTENT AND GENERAL NATURE OF FOOD SERVICE 1) The Local Education Agency must provide detailed specifications including but not limited to grade and weight for each food component or menu item as specified in 7CFR Part 210, and include these specifications in the IFBs or RFPs. Specifications shall also cover other items such as purchase units, style, condition, ingredients, formulations, and delivery time. 7CFR (c) (3). 2) The Local Education Agency must retain control of the quality, extent and general nature of its food service. 7CFR (a) (4) 3) No payment shall be made by the Local Education Agency for meals that are spoiled or unwholesome at the time of delivery, do not meet detailed specifications as developed by the Local Education Agency for each food component specified in the School Lunch Pattern or do not otherwise meet the requirements of the contract. 7CFR (c)(3) VFSC RESPONSIBILITIES GENERAL CONDITIONS 1. All proposals shall be valid and may not be withdrawn for sixty (60) days after submission. The VFSC must clearly outline the proposed financial arrangements in the response, including any conditions that may affect the financial representations made in the proposal. 2. The VFSC will comply with all specific and general conditions outlined in these specifications, which are in all respects made a part of this Request for Proposal. 3. The VFSC must examine kitchens, cafeterias, receiving and storage areas where services are to be provided. 4. No alterations, changes or improvements shall be made to the areas granted to the VFSC without obtaining prior written permission of MPTCS with the final decision as to alterations, changes or improvements reserved solely for MPTCS. LEGAL REQUIREMENTS Any proposals submitted shall be in accordance with the laws of the State of New Jersey. Regulations and Standards of the New Jersey State Department of Elementary and Secondary Education, and shall conform to the standards of the United States Department of Agriculture. SUBMISSION OF PROPOSALS REQUIRED FORMS/RESPONSES The VFSC must complete and submit all required forms provided by MPTCS. Respondents failure to complete these requirements may nullify the proposal submitted. Clarification of interpretation must be made to MPTCS prior to submission of a proposal. MPTCS will hold a question and answer session to answer questions regarding the RFP on May 1, 2013 via telephone conference from 11:00 am until 12:00 noon. ((973) x 2222 pin

12 The Proposal Book will be arranged in the following order with the required information. 1) Executive Summary Include cover letter stating the intentions of the VFSC proposal and summary detailing the VFSC findings and recommendations for MPTCS s food service program. 2) Required Documents for Proposal 2.1 Appendix II RFP Checklist 2.2 Copy of Letter certifying Approval for the VFSC Contract for from the NJ Bureau of Child Nutrition 2.3 Affirmative Action Acknowledgement (Form attached) plus one of below approvals: Evidence of Federal approval, OR N.J. Certificate of Employer Information Report Approval, OR Completed Employee Information Report (Form AA302-form) 2.4 Certificate of Insurance: A Certificate of Insurance of VFSC s with $10,000,000 of insurance coverage included with Proposal. VFSC shall maintain as a minimum the insurance coverage set forth below for each accident provided by insurance companies authorized to do business in the State of New Jersey. Companies should be rated A or better by A.M. Best. All policies shall be written on an occurrence form. A certificate of insurance indicating these amounts must be submitted as part of this response. COMPREHENSIVE GENERAL LIABILITY - includes coverage for: 1 - Premises - Operations 2 - Products/Completed Operations 3 - Contractual Insurance 4 - Broad Form Property Damage 5 - Independent Contractors 6 - Personal Injury 7 - Employment Practices Liability $1,000,000 Each Occurrence AUTOMOBILE LIABILITY $1,000,000 Each Accident WORKER S COMPENSATION AND EMPLOYER S LIABILITY 1. Worker s Compensation - Statutory 2. Employer s Liability - $1,000,000 UMBRELLA POLICY An umbrella policy will be carried by the VFSC for an additional $9,000,000 to increase the total coverage to $10,000,000 to protect MPTCS MPTCS shall be named an additional insured on all required insurance policies. The contract of insurance shall provide for notice to MPTCS of cancellation of insurance policies thirty (30) days before such cancellation to take effect. 2.5 NJ Business Registration Requirement Include Certificate 12

13 VFSC must register with the NJ Department of Treasury, Division of Revenue to obtain a Business Registration Certificate. P.L C.57 (N.J.S.A. 52:32-44) The Local Education Agency (MPTCS) shall award contracts to a Food Service Management Company only if a current Business Registration Certificate has been submitted with the proposal or bid. P.L C.57 (N.J.S.A. 52:32-44) The Business Registration Certificate is required at the time the contract is awarded. P.L C.57 (N.J.S.A. 52:32-44 The Food Service Management Company name on the contract must be identical to the name on the Business Registration Certificate. P.L C.57 (N.J.S.A. 52:32-44) 2.6 Business Entity Disclosure Certification (Form attached). 2.7 Political Contribution Disclosure Form 3) Client List Client references list of present districts served by the contractor in the State of New Jersey. (Client list indicating name, address, telephone number, and contact person.) 4) Company Profile & District Support 1. Describe the location of Food Service Company s office from which the account will be supervised 2. Include an organizational chart showing the depth, extent, scope and availability of support personnel including the amount of personnel representation, visitation and coverage by Field Supervisors and other support personnel. 3. Describe VFSC s support personnel, including a summary of their backgrounds. 4. VFSC President available to meet with District in person upon request of MPTCS. 5) Menu 5.1 The VFSC will submit with the proposal a twenty-one (21) day cycle menu and Ala Carte Price Schedule. The VFSC must adhere to this cycle for the first twenty-one (21) days of meal service; thereafter, changes may be made with the mutual agreement of MPTCS and the VFSC. However, the menu standard, as presented in the first twenty-one (21) day menu and the Daily Menu Pattern, must be maintained as a type and quality of meal service. 5.2 The Daily Menu Pattern should clearly indicate the number and type of choices and offerings that will be offered at all grade levels. 5.3 All bids must indicate that low fat, non-fat milk will be provided with each Meal. 5.4 The VFSC S food service program must also meet the following criteria: Hormone Free Milk Fresh Fruits Daily w/variety in season and local when possible sugar and fructose-free fruit cups Reduce Sodium Making sure that ingredients are recognizable and not artificial Emphasis on whole grains & 100% whole wheat/whole grain breads Eliminate high fructose corn syrup, trans-fat and artificial sweeteners. 5.5 VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by the LEA. 6) Prices/Portions 6.1 VFSC shall recommend meal prices and portions for approval by MPTCS. VFSC shall not alter the prices once approved without prior notice and approval by MPTCS. 13

14 6.2 VFSC shall give the following pricing options: (1) lunch alone, (2) breakfast alone, (3) snack alone, (4) breakfast and lunch only, (5) breakfast and snack only, (7) lunch and snack only and for (8) breakfast, lunch and snack. MPTCS reserves the option of using more than one VFSC to supply their food VFSC services. 7) Sanitation/Safety - VFSC The VFSC shall have state or local health certification for any facility outside the school in which it proposes to prepare meals and the food service management company shall maintain this health certification for the duration of the contract. 7CFR Part (c) (2). A copy to be provided with this RFP. 8) If Guarantee is included, describe limits and conditions that would affect guarantee. 9) Explain position of VFSC on 7CFR (i-vi) Procurement- Rebates, Discounts, and Credits (Form Attached) 25. VFSC shall provide a statement concerning the ability to deliver meals to each location at times specified by the LEA. REQUIRED DOCMENTS WITH CONTRACT IF APPROVED If the VFSC is approved by MPTCS to provide food service management the following documents must be submitted with the base contract. 1. DEBARMENT/SUSPENSION CERTIFICATE 2. AICPA STATEMENT OF AUDITING STANDARDS #70 3. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION 4. CERTIFICATION REGARDING LOBBYING 5. DISCLOSURE OF LOBBYING ACTIVITIES 14

15 Menu Development A) MENUS, PRICES, AND PORTIONS MENUS 1. The VFSC will submit with the proposal a twenty-one (21) day cycle menu. 2. The VFSC must adhere to this cycle for the first twenty-one (21) days of meal service; thereafter, changes may be made with the mutual agreement of MPTCS and the VFSC. However, the menu standard, as presented in the first twenty-one (21) day menu and the Daily Menu Pattern, must be maintained as a type and quality of meal service. The Daily Menu Pattern should clearly indicate the number and type of choices and offerings that will be offered at all grade levels. PRICES/PORTIONS 1. VFSC shall recommend meal prices and portions for approval by MPTCS. 2. VFSC shall not alter the prices once approved without prior notice and approval by MPTCS. MEALS 1. The VFSC shall serve reimbursable meal pattern meals pursuant to the National Food and Nutrition program. The current prices are provided in Appendix I General Information, reflect the current prices filed on the Schedule A. 2. The VFSC may offer a choice of reimbursable menu pattern meals, subject to approval of MPTCS. 3. The VFSC shall promote maximum participation in the Child Nutrition Programs. 4. The VFSC shall provide condiments and utensils as needed. 5. The VFSC shall use MPTCS facilities for the preparation of food to be served in the designated attendance units. B) FREE AND REDUCED MEAL POLICY 1. The written policy of MPTCS requiring feeding of needy children, free or at reduced price, shall apply to the VFSC s food service operation. The policy is on file in MPTCS office. MPTCS shall be responsible for the implementation of this policy. 2. The VFSC will be responsible for implementing policies covering free and reduced price meals and milk programs for those students designated by MPTCS as meeting Federal and State agency requirements for those programs. All such meals shall be served and accounted for in a manner approved by MPTCS so as to protect the anonymity of the recipients. Meals shall be served and proper accurate pupil participation records shall be maintained by the MPTCS. 3. MPTCS will periodically review free and reduced price meal applications. MPTCS shall maintain such records as they may need to support its claims for reimbursement under the Child Nutrition program. A District official will conduct Accu-Claim review in accordance with regulations. C) SPECIAL FUNCTIONS Describe the VFSC s policy regarding meals or refreshments at special school functions such as after-school meetings, faculty dinners, evening parties, athletic programs, etc. D) PURCHASING 1) PURCHASE SPECIFICATIONS The VFSC shall be responsible for purchasing standards and specifications to bring about the best quality and price for MPTCS s food service program. The grade, purchase unit, style, weight, ingredients, formulation, etc., as agreed by MPTCS shall be complied with by the VFSC. The minimum procurement specifications are; Dairy Products Meat Fish Poultry Canned Fruit & Vegetables Grade A USDA Inspected U.S. Government Inspected USDA Inspected U.S. Grade A Choice 15

16 Fresh Fruit & Vegetables Frozen Fruits & Vegetables U.S. No. 1 Grade Highest Quality E) INVENTORY, STORAGE AND PROCUREMENT OF FOOD 1. The VFSC shall purchase all food and non-food commodities at the lowest price possible, consistent with maintaining quality standards. 2. The VFSC will provide MPTCS with bakery, dairy and ice cream bids/quotes as requested. 3. The VFSC will charge MPTCS the net price on VFSC s invoices, the amount due after VFSC discounts that may apply. 4. Ownership of beginning and ending inventories of food and supplies shall remain with MPTCS. 5. Ownership of all USDA commodities shall also remain with MPTCS as required by regulations. 6. MPTCS will request, receive and inspect foods delivered by. F) PROCUREMENT REBATES, DISCOUNTS, AND CREDITS Using the Form Attached 1) The VFSC shall charge the Local Education Agency only for costs that are actual and allowable, net of all credits, discounts, rebates, and allowances. The determination of allowable costs must be made in compliance with the applicable USDA and program regulations and Office of Management and Budget Circular A CFR VFSC will indicate which method they will be using with this proposal A. The VFSC will identify allowable and unallowable costs on billing documents. OR B. The VFSC will exclude all unallowable costs from its billings and certify that only allowable costs are submitted for payment by the Local Education Agency. Records must be established that maintain visibility of unallowable costs, including directly associated costs, in a manner suitable for contract cost determination and verification. 2) The VFSC must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the Local Education Agency for payment and individually identify the amount as a discount, rebate or nature of the credit This information may be reported monthly but no less frequently than annually. 7 CFR (iv) The VFSC will indicate what the frequency of reporting will be in this proposal. 3) The VFSC must identify the specific method(s) by which it will report discounts, rebates and other applicable credits allocable to the contract, that are not reported prior to the conclusion of the contract. 7 CFR (v) The VFSC will describe the method(s) used to report discounts, rebates and other applicable credits that are not reported prior to the conclusion of the contract. 4) The VFSC must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the Local Education Agency, state agency or USDA. 7 CFR (vi) G) USDA DONATED COMMODITIES 1) Any USDA donated commodities received for use by the Local Education Agency which is made available to or notification has been given to the VFSC must be used in the Local Education Agency s food service. 7 CFR ) Any USDA donated commodities received for use in the school year by the Local Education Agency and made available to the VFSC, including entitlement, bonus foods, and the value of donated foods used in processed end products, must be credited to the Local Education Agency s nonprofit school foodservice. The VFSC is permitted to order or select USDA commodities each month in coordination with the Local Education Agency. 7 CFR ) The value of all USDA donated commodity foods used in the crediting must be based on the market value determined by the monthly allocation notice at the time the Local Education Agency receives the commodities. Crediting for the value of donated foods contained in processed end products shall be at the annual processing agreement value. 7 CFR ) The Local Education Agency shall be assured that the maximum amount of USDA donated foods as may be efficiently utilized in the Local Education Agency s food service will be accepted by the food service management company. 7 CFR

17 5) The VFSC must use all donated ground beef, ground pork and all processed end products in the Local Education Agency s food service and must use all other donated foods or commercially processed foods of the same generic identity, of US origin and of equal or better quality than the donated foods, in the Local Education Agency s food service. 7 CFR ) The VFSC is prohibited from entering into any processing agreement or contracts using USDA commodity foods. However, the procurement of processed foods is an activity the food service management company may perform on behalf of the Local Education Agency. The Local Education Agency and food service management company shall consult and agree on end products to be processed from USDA donated commodity food during the school year. If an agreement cannot be reached, the food service management company shall utilize the donated commodities in the form furnished by the USDA. 7 CFR ) The VFSC shall account for all USDA donated commodity food separately from purchased food. Physical inventories of all donated food must be conducted by the food and verified by the Local Education Agency. The food service management company shall submit to the Local Education Agency inventory reports showing all transactions for processed and non processed USDA donated commodities. The food service management company will ensure that the system of inventory management will not result in the Local Education Agency being charged for USDA donated foods on the monthly billing statement/invoice prepared by the food service management company. 7 CFR VFSC will Describe controls to differentiate between USDA donated commodities and commercially purchased foods. 8) A year-end reconciliation shall be provided by the food service management company to the Local Education Agency to ensure and verify correct and proper credit has been received for the full market value of all USDA commodity foods. The Local Education Agency reserves the right to conduct commodity credit audits throughout the year to ensure compliance. 7 CFR ) The VFSC is required to maintain accurate and complete records with respect to the receipt, use/disposition, storage and inventory of all USDA donated commodity food. The food service management company shall accept liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA commodity food and shall credit the Local Education Agency either monthly or through a year-end reconciliation. 7 CFR ) The VFSC must obtain approval from the NJ Food Distribution Program office, using the NJ Food Distribution request form, from both the receiving and sending Local Education Agencies before transferring USDA donated commodities between Local Education Agencies. 7 CFR ) The distributing agency, the Comptroller General, or the US Department of Agriculture or their duly authorized representatives may perform on-site reviews of the food service operation and review of records to ensure compliance with the requirement of management and use of USDA donated foods. 7 CFR ) Renewals of the VFSC, when applicable, are contingent upon the fulfillment of all contract provisions relating to donated foods. 7 CFR ) When a contract terminates and is not renewed, the VFSC must physically return to the Local Education Agency all donated ground beef, ground pork and processed end products, including those that may be stored off the Local Education Agency premises, and must also return all other unused donated foods that may be stored on or off Local Education Agency premises. 7 CFR H PURCHASE OF FRESH MILK 1) For all purchases of fresh milk, the VFSC shall purchase the equivalent amount of New Jersey produced milk at least equal to the amount of fresh milk proposed to be furnished to the Local Education Agency in accordance with N.J.S.A. 18A:18A-6 and N.J.A.C. 2:55 2) The VFSC shall be responsible for ensuring that all fresh milk purchases are made in conformance with N.J.S.A. 18A:18A-6 and N.J.A.C. 2:55. I) SCHOOL MEALS INITIATIVE The VFSC shall provide, upon request by MPTCS, menus to be reviewed by the Board to assure compliance with MPTCS s agreement with the State Department of Education. 1. The VFSC will describe in detail how they plan to implement the School Meals Initiative for Healthy Children Act, P.L using the Enhanced Food Based option. 2. The VFSC will describe the software they will use to analyze the menus when a review occurs. 17

18 3. State who the VFSC Registered Dietitian is who will work with MPTCS. J) NUTRITION EDUCATION and MODEL NEW JERSEY NUTRITION POLICY 1. The VFSC shall promote the nutritional education aspects of MPTCS s food service program 2. The VFSC will cooperate in the efforts of MPTCS to coordinate these aspects with classroom instruction. The corporate Registered Dietitian is available on an as needed basis. 3. The VFSC will comply with the Nutrition Policy passed by MPTCS. 4. The VFSC will work in partnership with MPTCS administrative team to educate the students, parents, teachers, and community of nutritional efforts to work toward better health. K) COMMUNICATIONS AND MEETINGS 1. MPTCS contracting with a VFSC shall establish an advisory board composed of parents, teachers and students to assist in menu planning. 7CFR (a)(8) 2. VFSC must coordinate convenient times that the Food Service Director and school principals, students, and staff can meet to offer suggestions to improve the food service program. 3. Describe the role of the VFSC with MPTCS Wellness Committee 4. The President of the VFSC must be available to meet in person with the Business Administrator and/or the Board upon request. 5. Describe details pertaining to VFSC s communication to the students, parents, faculty, administration, and the community. 18

19 MARION P. THOMAS CHARTER SCHOOL GENERAL INFORMATION GENERAL INFORMATION MPTCS Anticipates 192 Food Service Days for the School Year. District Anticipates the Enrollment to be 700 for the School Year. Meal Service Periods Are Closed. ACCEPTANCE OF PROPOSALS AND AWARDS It is the intent of MPTCS to accept the proposal that will best promote the public interest and is most advantageous to MPTCS. The following criteria will be used in evaluating all proposals. 1. Submission of Operating Statement and all required forms. 2. Organization of chapters in specified order. 3. The accuracy of data submitted to support of the RFP. 4. Proposed menus and menu patterns including the required 21-day menu and menu format. 5. Proposed Price Schedule. 6. The taste of the food. 7. The demonstrated ability and experience of the VFSC to perform under the terms and conditions of the RFP. 8. Service programs offered by the VFSC that will complement and enhance the food service program. 9. Past performance in other districts in New Jersey. 10. The VFSC demonstration of having a complete understanding of MPTCS s Food Service Program and its service requirements. 11. Evidence of all information required in Appendix II for each Chapter and organized as specified. 19

20 APPENDIX I Required Components of RFP CHECKLIST 20

21 Required Components of RFP APPENDIX Il We, the undersigned, agree to operate the food service management program as described in the quote specifications for the school year. This proposal is subject to all the attached terms, conditions, and specifications and we hereby agree to enter into a VENDOR FOOD SERVICE CONTRACT. The proposal book will be arranged in the following order with the required information. Checklist of Required Components of RFP 1) Executive Summary Cover letter stating the intentions of the VFSC proposal. Summary detailing the VFSC findings and recommendations for MPTCS s food service program. 2) Required Documents Completed Appendix II RFP Checklist Company must be registered and have an approved core contract on file with N.J. State Dept. of Agriculture for fiscal year Include letter. Present letter for upon approval. Affirmative Action Acknowledgement (Form attached) plus one of below approvals: Evidence of Federal approval, OR N.J. Certificate of Employer Information Report Approval, OR Completed Employee Information Report (Form AA302-form). Insurance coverage for product and personal liability. Please supply a copy of Certificate of Insurance with $10,000,000 coverage. New Jersey Business Registration with the Dept of Treasury. Please supply of a copy of your Business Registration Certificate. Business Entity Disclosure Certification (Form attached). Political Contribution Disclosure Form 3) Client List Client references list of present District s served by the contractor in the State of New Jersey. (Client list indicating name, address, telephone number, and contact person.) 4) Company Profile & District Support Location of Food Service Company s office from which the account will be supervised An organizational chart showing the depth, extent, scope and availability of support personnel including the amount of personnel representation, visitation and coverage by Field Supervisors and other support personnel. Description of VFSC s support personnel including a summary of their backgrounds VFSC President available to meet with District in person upon request 5) Menu Development 21

22 A sample twenty-one day menu cycle that must be implemented if the proposal is accepted. Menus separated from grades Pre-Kindergarten, Kindergarten to 4 th grade and from 5 th grade to 8 th grade for each month, including snack options. Policy regarding meals or refreshments at special school functions such as after-school meetings, faculty dinners, evening parties, athletic programs, etc. Describe purchasing practices and quality standards. Low fat, non-fat milk provide with each meal. Description of how VFSC will implement the School Meals Initiative for Healthy Children Act, P.L Include description of training and software recommended. Statement concerning the ability to deliver meals to each location at times specified by the LEA. 6) Pricing/Portions Schedule of all selling prices for reimbursable meals. Please provide separate quotes for lunch alone, breakfast alone, snack alone, breakfast and lunch only, breakfast and snack only, lunch and snack only and for breakfast, lunch and snack. These prices would become the Price Schedule of the contract if the proposal were accepted. The a la carte selections will also include the portion sizes to be provided. These prices may be changed only after approval of MPTCS. 7) Sanitary/Safety Copy of most recent State or local health certificate. Description of comprehensive food handling, equipment, and sanitation programs. Brief description of HACCP and bio-security programs. 8) Guarantee If guarantee is included, describe limits and conditions that would affect guarantee. 9) 7CFR (i-vi) Explain position of VENDOR on 7CFR (i-vi) Procurement- Rebates, Discounts, and Credits (Form Attached) 10) Other Requirements Exceptions to any of the stipulations contained in these specifications or general provisions will be clearly outlined in a separate letter from VFSC. We have made a physical inspection of all school facilities and have found all facilities and equipment to be satisfactory. If facility not found to be satisfactory, please attach a written explanation and recommendation. Equipment Included FOOD SERVICE MANAGEMENT COMPANY: Authorized Signature & Title: Date: 22

23 APPENDIX II REQUIRED FORMS 23

24 AFFIRMATIVE ACTION ACKNOWLEDGEMENT Contractor acknowledges that his firm is an Affirmative Action Employer and certifies compliance with all requirements: NAME OF FIRM SIGNATURE TITLE ADDRESS OF FIRM DATE ALL COMPANIES MUST SUBMIT THIS FORM WITH PROPOSAL 24

25 BUSINESS ENTITY DISCLOSURE CERTIFICATION FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8 MARION P. THOMAS CHARTER SCHOOL Part I VFSC Affirmation The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the <VFSC> has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L. 2004, c. 19 would bar the award of this contract in the one year period preceding (date of award scheduled for approval of the contract by the governing body) to any of the following named candidate committee, joint candidates committee; or political party committee representing the elected officials of the Winslow Township Board of Education as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r). Part II Ownership Disclosure Certification I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business entity: Partnership Corporation Sole Proprietorship Subchapter S Corporation Limited Partnership Limited Liability Corporation Name of Stock or Shareholder Limited Liability Partnership Home Address Part 3 Signature and Attestation: The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the business entity, will be liable for any penalty permitted under law. Name of Business Entity: Signed: Print Name: Title: Date: Subscribed and sworn before me this day of, 2. My Commission expires: (Affiant) (Print name & title of affiant) (Corporate Seal) 25

26 BUSINESS ENTITY DISCLOSURE CERTIFICATION FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8 MARION P. THOMAS CHARTER SCHOOL The following is statutory text related to the terms and citations used in the Business Entity Disclosure Certification form. Local Unit Pay-To-Play Law (P.L. 2004, c.19, as amended by P.L. 2005, c.51) 19:44A-20.6 Certain contributions deemed as contributions by business entity. 5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. 19:44A-20.7 Definitions relative to certain campaign contributions. 6. As used in sections 2 through 12 of this act: business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate; Temporary and Executing 12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a public contract because that entity made a contribution to any committee during the one-year period immediately preceding the effective date of this act. ~~~~~~~~~~~~~~~~~~~~~ The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.) 19:44A-3 Definitions. In pertinent part p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political party, as organized pursuant to R.S.19:5-2. q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures. r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county, municipality or school district, but not more candidates than the total number of the same elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: ; the offices of member of the board of chosen freeholders and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality. 19:44A-8 and 16 Contributions, expenditures, reports, requirements. While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of contributions: 26