REQUEST FOR PROPOSALS

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REQUEST FOR PROPOSALS

  1. 1. REQUEST FOR PROPOSALS Recertification Course for School Foodservice Program Managers and Administrators for Fiscal Years 2012-2014 Mississippi Department of Education Office of Healthy Schools Office of Child Nutrition 359 North West Street P. O. Box 771 Jackson, MS 39205 Contact: Amy Olson Telephone: (601) 354-7016 Fax: (601) 354-7595 e-mail: aolson@mde.k12.ms.us December 15, 2009 1
  2. 2. Table of Contents Request for Proposals 3 Overview and General Instructions 3 1.0 Project Description 4 2.0 Scope of Work 5 3.0 Management Responsibilities 8 4.0 Format and Procedure for Delivery of Proposal 8 5.0 Conditions of Solicitation 11 6.0 Standard Terms and Conditions 12 7.0 Qualifications 20 8.0 Criteria for Evaluation of Proposals 20 9.0 Review Process 21 10.0 Schedule of Deliverables 21 Proposal Transmittal Form 23 Proposed Budget 24 2
  3. 3. REQUEST FOR PROSALS – Mississippi Department of Education Recertification Course for School Food Service Administrators and Program Managers The Mississippi Department of Education (MDE), Office of Healthy Schools, through the Office of Child Nutrition (OCN), is soliciting written proposals from qualified vendors for professional services to develop the Recertification Course for School Food Service Administrators and Program Managers. Requests for Information Written questions concerning the RFP should be sent to: Amy Olson MS Department of Education Office of Child Nutrition 500 Greymont, Suite F PO Box 771 Jackson, MS 39205-0771 Email: aolson@mde.k12.ms.us FAX: 601-354-7595 The deadline for submitting written questions (by fax, mail, or email) is December 21, 2009. Copies of all written questions submitted and the responses to those questions will be mailed to all parties who received a copy of the solicitation. Due Date for Proposals One (1) original and five (5) copies of the written proposal and one packet of any samples must be received on or before January 21, 2010, 3:00 p.m. Central Standard Time. The envelope shall be marked “Recertification Course for School Food Service Administrators and Program Managers”. Send proposals to: Mississippi Department of Education Office of Procurement ATTN: Ms. Lorraine Wince Recertification Course for School Food Service Administrators and Program Managers Central High School Building 359 North West Street, Suite 307 Jackson, MS 39201 3
  4. 4. 1.0 Project Description Introduction The Mississippi Department of Education (MDE) Office of Healthy Schools, through the Office of Child Nutrition (OCN), is soliciting competitive written proposals from qualified vendors for professional services to develop the recertification courses for School Food Service (SFS) administrators and Program Managers. This Request for Proposals (RFP) covers the development of the recertification course years 2012-2014. The products to be developed are: 1. Recertification courses for School Food Service Administrators and Program Managers to include a. Participant and Instructor Manuals and answer key for Program Manager course b. Participant manual and answer key for SFS Administrator course c. Electronic copy of manuals d. Computer-based lessons for Program Manager and SFS Administrator courses 2. Training for the recertification courses to include a. Field testing of recertification courses in winter/spring of 2011 b. Training for MDE-OCN staff on SFS Administrator course to be held in spring 2011 c. Minimum of 6 regional training sessions for School Food Service (SFS) Administrators to be held prior to the first scheduled Program Manager course. d. Instructor training for Program Manager recertification course to be held in late fall 2011 3. Evaluation tool for MDE-OCN staff to evaluate course effectiveness Recertification courses are taught in a three-year cycle. Needs assessment, staff observations, and program changes determine course content. Courses are traditionally developed as a cooperative effort among the contractor, MDE-OCN staff, and a task force composed of SFS administrators and Program Managers. Training sessions for SFS administrators are conducted by developers of the recertification courses during the fall prior to the first Program Manager course. One third of the Program Managers are taught the first year and the remaining two-thirds of managers divided between the remaining two years. Course length is 24-hours, structured in twenty hours of classroom instruction and four hours of computer-based instruction. The developers also train instructors on the material. These instructors are SFS administrators employed by community colleges and universities to teach the recertification courses to managers in sites around the state. These courses will focus on three modules with each area emphasizing different areas of content for administrators versus managers. An overview of the manager course will be provided to the administrators as part of the administrator course. Topics include financial/cost management, kitchen/food safety, and supervising/training/marketing/ 4
  5. 5. public relations. Content for topics is available through MDE-OCN but must be updated and coordinated to meet the current recertification needs. For the purposes of this RFP, course development includes all the tasks necessary to develop the instructional design of the course and the supporting materials. A task force of Mississippi School Foodservice Administrators and Program Managers and state staff will have input in the course structure. State staff shall be involved in review and will make final course content decisions. All items specifically developed for the Mississippi Office of Child Nutrition shall become the property of the MDE. 2.0 Scope of Work and Responsibilities 2.1 Contractor The contractor shall develop a recertification course for School Foodservice Administrators and Managers for years 2012-2014 of the MDE-OCN certification cycle. The contractor will assume the following responsibilities and subcontracting duties: (1) Work with a task force of eight local school district staff (selected by MDE- OCN) and MDE-OCN staff during course development. A task force of eight local school district staff (selected by MDE-OCN) and MDE-OCN staff will work with the contractor during course development. Task force members from districts will consist of SFS Administrators and Program Managers. Actual task force meeting dates, sites, and agendas (a minimum of four 3-day sessions) must be approved by MDE-OCN. The site and travel costs of the district task force members shall be borne by the contractor and includes facilities, lodging, food, and reimbursement for participants’ travel and reimbursed as per contractual travel policy (Appendix A). Reports of meetings shall be submitted to MDE-OCN as part of the deliverables. (2) Develop course content, participant manuals, instructor manual, and computer- based lessons. The contractor will develop an instructional design for 1) a 24-hour recertification course for SFS Administrators and 2) a 24-hour recertification course for Program Managers. The courses will be developed based on needs assessment conducted during 2009 by MDE-OCN, review of the current training materials and participant evaluations for recertification courses, task force meetings, and findings from current foodservice management research. The Program Manager course will consist of two four-hour sessions, four three- hour sessions and four hours of computer-based lessons. The SFS Administrator course will consist of twenty hours of classroom instruction and four hours of computer-based lessons. 5
  6. 6. The instructional design of the courses will incorporate the content in two participant manuals (Program Manager and SFS Administrator), one instructional manual (Program Manager), two answer keys (Program Manager and SFS Administrator), and four hours of computer-based lessons. The course shall be based on current knowledge. The instructional design should have clearly defined performance mastery criteria and may utilize available technology in the design and delivery. The course of study shall include evaluation of competency levels reached by the participants. Evaluation methods shall be validated and shall be applicable to daily manager job functions and daily administrator job functions. (3) Participant and Instructor Manuals and Supporting Materials The contractor will develop participant and instructor manuals for the Manager Recertification course based on the operational and instruction design of the recertification training. In addition, the contractor will develop an administrator manual with answer key for the SFS Administrator recertification course based on the operational and instruction design of the recertification training. Several drafts of each manual will be submitted to MDE-OCN for review. The contractor will provide an editor for drafts of the manuals and training materials. The contractor shall provide MDE-OCN with specifications for the printing of all manuals, a print copy, a CD and/or flash drive with layout and design for the manager, administrator and instructor manuals. The contractor will provide a final print copy of participant manuals by June 30, 2011 and a final print copy of the instructor manual by November 1, 2011. Manual and graphics developed shall be provided in print copy and on a CD or flash drive in program compatible with Office 2007 or program to be approved by MDE-OCN. MDE- OCN will be the responsible for costs of printing participant and instructor manuals and additional supporting materials as needed to implement the course. (4) Field Test Recertification Courses Mississippi SFS Administrators The contractor will field test the developed SFS Administrator recertification course, participant manual, answer key and computer-based lessons during the winter of 2011 (Jan to Feb 2011) in the Central Mississippi area. Training dates, schedule, and site shall have MDE-OCN approval. Field test participants shall be SFS Administrators from a state-wide representation of school districts with certificates expiring in the year 2012. Field test shall replicate actual recertification course schedule as closely as possible with a prospective class size of 15 to 20. MDE-OCN will select participants. Site and other costs will be the responsibility of the contractor. 6
  7. 7. Mississippi Program Managers The contractor will field test the developed Program Manager recertification courses, participant manual, instructor manual, and computer-based lessons during the winter or early spring of 2011 (Feb to April 2011) in the Mississippi Delta area. Training dates, schedule, and site shall have MDE-OCN approval. Field test participants shall be SFS Program Managers from local school districts with certificates expiring in the year 2012. Field test shall replicate actual recertification course schedule as closely as possible with a prospective class size of 22 to 28. MDE-OCN will select participants. Site and other costs will be the responsibility of the contractor. (5) Training of State Staff The contractor will plan and deliver training of the developed recertification course to approximately 30 MDE-OCN staff members in the spring of 2011. Content shall be the same as the course for SFS Administrators and focus on how MDE-OCN staff can support district staff. Training date, schedule and site shall have MDE-OCN approval. Site costs shall be the responsibility of the contractor. (6) Training of School Foodservice Administrators The contractor will develop and deliver training on recertification course for school food service administrators in six regional locations in the fall of 2011. The training session shall be a 24-hour course based on the developed recertification course using the manual developed for the administrators. The course will meet in a classroom setting with twenty hours of content delivered during three consecutive days. Four hours of the instruction will be from computer-based lessons. The administrator course will include an overview of the manager course that emphasizes the importance of administrator support of the managers during their recertification course. Course content will also provide a different focus for SFS Administrators in the 3 subject areas. These six sessions should be scheduled between September 12, 2011 and January 27, 2012. Training dates, schedule and sites shall have MDE-OCN approval. Registration for sessions and all site costs shall be the responsibility of the contractor. Anticipated participation at each site is estimated at 30 SFS Administrators. (7) Training of Course Instructors for Manager Re-Certification Course The contractor will plan and deliver a training session to course instructors at one location for approximately 20-30 MDE-OCN qualified instructors. Training will focus on consistent delivery of manager recertification course and shall be 12 to 16 hours in length. Course instructors will be selected by MDE-OCN. Training date, schedule and site shall have MDE-OCN approval. Site costs shall be the responsibility of the contractor. 7
  8. 8. (8) Evaluation Tool The contractor will develop a tool for MDE-OCN staff to use to evaluate the behavioral outcomes of Program Managers and SFS Administrators after completing their respective recertification course. 2.2 Mississippi Department of Education The specific responsibilities of MDE-OCN are as stated below:  Provide a contact person to work with the contractor to ensure quality control.  Approve print-ready manuals (both participants and instructor), to include: instructional activities, material/handouts, progress reports, agenda and full color cover and spine for the manual.  Approve CD of instructional activities.  Print the trainer and participant manuals upon final approval of manuals.  Provide a list of field test participants and course instructors to contractor. 3.0 Management Responsibilities 3.1 Personnel and Administration Except where expressly provided otherwise herein, each party shall bear its own cost incurred in performing its responsibilities thereunder. The contractor will provide one person who will be responsible for all activities required to fulfill said contract. This individual will be invested with the authority to make decisions and commitments on behalf of the contracted party during the performance of the RFP. For the purposes of this RFP, this person will be known as the Project Manager. The MDE will also designate one representative who will act as the primary contact for this office. This representative will be responsible for conferring with any and all parties necessary to resolve unanticipated issues or requirements that might occur during the course of the RFP. 4.0 Format and Procedures for Delivery of Proposal 4.1 Minimum Requirements The proposal shall consist of four parts: Part I – Proposal Transmittal Form, Part II – Qualifications, Part III – Production Proposal, and Part IV – Budget. The proposal shall be prepared with a 12 point font with single spacing; bound with no staples, clips or rubber bands; and limited to 65 pages.  Part I is the Proposal Transmittal Form (page 23), which shall serve as the cover page of the offeror’s proposal. The offeror shall complete the form and attach the form to the proposal in response to the RFP. 8
  9. 9.  Part II shall provide satisfactory evidence of the contractor’s capability to manage and to coordinate the types of activities and services described in this RFP in a timely manner. Special attention should be given to the qualifications listed in Section 8.0 of this RFP and the examples of evidence described therein. The discussion shall include a description of the contractor’s background and relevant experience as related to the previously described activities. At a minimum, the contractor must substantiate that they have had training and facilitating experience, which incorporated these activities within the last three years. A description of the services provided and details of the relevant experience shall be included. A minimum of three (3) references shall be provided.  Part III shall provide a detailed plan not to exceed 25 pages describing how the services will be performed to meet the requirements of the RFP. The description shall encompass the requirements of Sections 1.0 and 2.0 of this RFP. The proposal must be prepared and organized in a clear and concise manner that is easily understandable. The proposal shall address the tasks to be accomplished, processes to be undertaken to accomplish those tasks and a proposed timeline for completion. Examples of materials that will demonstrate the quality of work done by the offeror on similar projects are requested.  Part IV shall include the cost proposal and must encompass all requirements of this RFP. In order to be considered, the offeror must submit a proposal that includes the budget narrative/cost proposal that addresses all costs for services, expenses, and products (if any) specified in the RFP. The budget narrative is a maximum cost. The MDE will not pay any costs above this amount. A detailed budget narrative shall be included for this fiscal year. Indirect costs will not be allowed. Budget narrative should include all costs associated with the project such as salaries for the contractor(s), travel, materials, and etc. A unit price shall be given for each service and such unit price shall be the same throughout the proposal. The Budget Summary form (page 24) shall be completed and shall accompany the proposal. 4.2 Procedures for Delivery of Proposal One (1) Original plus five (5) copies of the written proposal must be received on or before Thursday, January 21, 2010, 3:00 p.m. Central Standard Time. The envelope must be marked “Recertification Course for School Food Service Administrators and Program Managers”. Send proposals to the following address: Mississippi Department of Education Office of Procurement ATTN: Ms. Lorraine Wince Recertification Course for School Food Service Administrators and Program Managers Central High School Building 359 North West Street, Suite 307 Jackson, MS 39201 9
  10. 10. At the time of receipt of the proposal, the sealed proposals will be date-stamped and recorded in Suite 307 at MDE Central High School. The parties submitting proposals are responsible for ensuring that the sealed competitive proposal is delivered by the required time and assumes all risks of delivery. NO LATE PROPOSALS WILL BE ACCEPTED. No facsimile or emailed proposals will be accepted. The proposal must be signed by an authorized official to bind the grantee to the proposal provisions. Proposals and modifications, thereof, received at the room designated in the RFP and after the time set for receipt, will be considered late and will not be considered for award. We strongly recommend that your plan to submit the proposal early in order to allow for unforeseen circumstances. Proposals will not be accepted after the deadline. 4.3 Acceptance of Proposals The Department reserves the right, in its sole discretion, to waive minor irregularities in proposals. A minor irregularity is a variation of the RFP, which does not affect the price of the proposal, or give one party an advantage or benefit not enjoyed by other parties, or adversely impact the interest of the Department. Waivers, when granted, shall in no way modify the RFP requirements or excuse the party from full compliance with the RFP specifications and other contract requirements if the party is awarded the contract. 4.4 Rejection of Proposals Any proposal may be rejected in whole or in part when it is determined to be in the best interest of the State, as provided by the Personal Service Contract Review Board regulations. Reasons for rejecting a proposal include, but are not limited to: 1. The proposal contains unauthorized amendments to the requirements of the RFP. 2. The proposal is conditional. 3. The proposal is incomplete or contains irregularities, which make the proposal indefinite or ambiguous. 4. The proposal is not signed by an authorized representative of the party. 5. The proposal contains false or misleading statements or references. 6. The offeror is determined to be non-responsible. 7. The proposal ultimately fails to meet the announced requirements of the State in some material aspect. 8. The proposal price is clearly unreasonable. 9. The proposal is not responsive (i.e., does not conform in all material respects to the RFP). 10. The supply or service item offered in the proposal is unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the RFP. 10
  11. 11. 4.5 Disposition of Proposals All submitted proposals become the property of the Mississippi Department of Education and will not be returned to the offeror. 5.0 Conditions of Solicitation The release of the RFP does not constitute an acceptance of any offer, nor does such release in any way obligate the MDE to execute a contract with any other party. The MDE reserves the rights to accept, reject, or negotiate any or all offers on the basis of the evaluation criteria contained within this document. The final decision to execute a contract with any party rests solely with the MDE. The offeror shall assure compliance with the following conditions of solicitation: 1. Any proposal submitted in response to the RFP shall be in writing. 2. The MDE will not be liable for any costs associated with the preparation of proposals or negotiations of contract incurred by any party. 3. The award of a contract for any proposal is contingent upon the following: a) favorable evaluation of the proposals, b) approval of the proposal by the Office of Healthy Schools, Mississippi Department of Education, c) successful negotiation of any changes to the proposal as required by MDE, and d) State Board of Education approval, e) Personal Service Contract Review Board approval. 4. Likewise, the MDE also reserves the right to accept any proposal as submitted for contract award, without substantive negotiation of offered terms, services, or prices. Therefore, all parties are advised to propose their most favorable terms initially. Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for the award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements, but proposals may be accepted without such discussions. 5. Contracted parties will be required to assume full responsibility for all specified services and may subcontract only as specified in the RFP. 6. Offerors may designate those portions of the proposal, which contain trade secrets or other proprietary data, which remain confidential in accordance with Sections 25-61-9 and 79-23-1 of the MS Code. 7. The contractor shall be notified by MDE on a timely basis that the funds are or are not available for the continuation of the contract for each succeeding fiscal year. 11
  12. 12. 8. MDE reserves the right to cancel this solicitation in writing when it is determined to be in the best interest of the State as provided by the Personal Service Contract Review Board regulations. 9. Any proposal received after the time and date set for receipt of proposals is late. Any withdrawal or modification of a proposal received after the time and date set for receipt of proposals at the place designated for receipt is late. No late proposal, late modification, or late withdrawal will be considered unless receipt would have been timely but for the action or inaction of State personnel directly serving the procurement activity. 10. The contract will be canceled only if funds are not appropriated or otherwise made available to support continuation of performance in this fiscal year; however, this does not affect either the State’s rights or the contractor’s rights under any termination clause in the contract. 11. The prospective contractor represents as a part of such contractor’s bid or proposal that such contractor has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. 12. The contractor represents that it has not retained a person to solicit or secure a State contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in the contractor’s bid or proposal. 13. The bidder, offeror, or contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 7-204 (Gratuities) of the Mississippi Personal Service Contract Procurement Regulations. 14. Bidders shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid, by identifying the amendment number and date in the space provided for this purpose on the bid form, or by letter. The acknowledgment must be received by the Mississippi Department of Education by the time and at the place specified for receipt of bids. 15. The bidder certifies that the prices submitted in response to the solicitation have been arrived at independently and without – for the purpose of restricting competition – any consultation, communication, or agreement with any other bidder or competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices bid. 6.0 Standard Terms and Conditions Certain terms and conditions are required for contracting with the MDE; therefore, the offeror shall assure agreement and compliance with the following Standard Terms and Conditions: 12
  13. 13. 1. INDEPENDENT CONTRACTOR The Contractor shall perform all services as an independent contractor and shall at no time act as an agent of the State. No act performed or representation made, whether oral or written, by the contractor with respect to third parties shall be binding on the Mississippi Department of Education. 2. ACCESS TO RECORDS The Contractor agrees that the Mississippi Department of Education, or any of its duly authorized representatives, at any time during the term of this agreement, shall have access to, and the right to audit and examine any pertinent books, documents, paper, and records of Contractor, related to Contractor charges and performance under this agreement. Such records shall be kept by the Contractor for a period of three (3) years after final payment under this agreement, unless the Mississippi Department of Education authorizes earlier disposition. Contractor agrees to refund to the State Department of Education any overpayments disclosed by any such audit. However, if litigation, claim, negotiation, audit or other action involving the records had been started before the expiration of the 3-year period, the records shall be retained until completion of the action and resolution of all issues, which arise from it. 3. APPLICABLE LAW The contract shall be governed by and construed in accordance with Federal, State of Mississippi and local laws, excluding its conflicts of law provisions, and any litigation with respect thereto shall be brought in the courts of the state. The Contractor shall comply with applicable federal and state local laws and regulations. In compliance with state law, the Contractor who is employed by a public entity must make arrangements with her/his employer take the appropriate leave (annual, professional, compensation, etc.) during the period of service covered by the contract. 4. AUTHORITY TO CONTRACT Contractor warrants (a) that it is a validly organized business with valid authority to enter into this agreement; (b) that it is qualified to do business and in good standing in the State of Mississippi; (c) that entry into and performance under this agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind, and (d) notwithstanding any other provision of this agreement to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this agreement. 5. COMPLIANCE WITH LAWS The Contractor understands that the State is an equal opportunity employer and therefore maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any 13
  14. 14. other consideration made unlawful by federal, State, or local laws. All such discrimination is unlawful and the Contractor agrees during the term of the agreement that the Contractor will strictly adhere to this policy in its employment practices and provision of services. The Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, State of Mississippi, and local laws and regulations, as now existing and as may be amended or modified. 6. MODIFICATION OR RENEGOTIATION This agreement may be modified, altered or changed only by written agreement signed by the parties hereto. The parties agree to renegotiate the agreement if federal and/or State revisions of any applicable laws or regulations make changes in this agreement necessary. 7. PROCUREMENT REGULATIONS The contract shall be governed by the applicable provisions of the Personal Service Contract Review Board Regulations, a copy of which is available at 301 North Lamar Street, Jackson, Mississippi, for inspection. 8. PERSONNEL Contractor agrees that, at all times, the employees of contractor furnishing or performing any of the services specified under this agreement shall do so in a proper, workmanlike, and dignified manner. 9. COPYRIGHTS Contractor (i) agrees that the State Department of Education shall determine the disposition of the title to and the rights under any copyright by Contractor or employees on copyrightable material first produced or composed under this agreement, and (ii) hereby grants to the State Department of Education a royalty free, nonexclusive, irrevocable license to reproduce, translate, publish, use and dispose of, to authorize others to do so, all copyrighted or (copyrightable) work not first produced or composed by Contractor in the performance of this agreement, but which is incorporated in the material furnished under the agreement, provided that such license shall be only to the extent Contractor now has, or prior to the completion or full final settlements of agreement may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. 10. ASSIGNMENT Contractor shall not assign or subcontract in whole or in part, its right or obligations under this agreement without prior written consent of the Mississippi Department of Education. Any attempted assignment without said consent shall be void and of no effect. 14
  15. 15. 11. REPRESENTATION REGARDING CONTINGENT FEES The Contractor represents that it has not retained a person to solicit or secure an MDE contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in the Contractor’s bid or proposal. 12. REPRESENTATION REGARDING GRATUITIES The bidder, offeror, or Contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 7-204 (Gratuities) of the “Mississippi Personal Service Contract Procurement Regulations.” 13. ACKNOWLEDGEMENT OF AMENDMENTS Offerors shall acknowledge receipt of any amendment to the solicitation by signing and returning the amendment with the bid, by identifying the amendment number and date in the space provided for this purpose on the bid form, or by letter. The acknowledgment must be received by the MDE by the time at the place specified for receipt of bids. 14. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION The offeror certifies that the prices submitted in response to the solicitation have been arrived at independently and withoutfor the purpose of restricting competitionany consultation, communication, or agreement with any other bidder or competition relating to those prices, the intention to submit a bid or the methods or factors used to calculate the prices bid. 15. AVAILABILITY OF FUNDS It is expressly understood and agreed that the obligations of the State to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the agreement are, at anytime, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to the State, the State shall have the right upon ten (10) working days written notice to the Contractor, to terminate or modify this agreement without damage, penalty, cost of expenses to the State of any kind whatsoever. The effective date of termination or modification shall be as specified in the notice of termination or modification. 16. STOP WORK ORDER (1) Order to stop work. The Procurement Officer of MDE may by written order to the Contractor at any time, and without notice to any surety, require the Contractor to stop all or any part of the work called for by this contract. This order 15
  16. 16. shall be for a specified period not exceeding 90 days after the order is delivered to the Contractor, unless the parties agree to any further period. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed, the Procurement Office of MDE shall either: (a) cancel the stop work order; or (b) terminate the work covered by such order as provided in the „Termination for Default Clause‟ or the „Termination for Convenience Clause‟ of this contract. (2) Cancellation or Expiration of the Order. If a stop work order issued under this clause is cancelled at any time during the period specified in the order, or if the period of the order or any extension thereof expires, the Contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or Contractor price, or both, and the contract shall be modified in writing accordingly, if: (a) the stop work results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (b) the Contractor asserts a claim for such an adjustment within 30 days after the end of the period of work stoppage; provided that, if the Procurement Officer of MDE decides that the facts justify such action, any such claim asserted may be received and acted upon at any time prior to final payment under this contract. (3) Termination of Stopped Work. If a stop work is not cancelled and the work covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop work order shall be allowed by adjustment or otherwise. (4) Adjustment of Price. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. 17. TERMINATION FOR DEFAULT (1) Default. If the Contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Procurement Officer of MDE may notify the Contractor in writing of the delay or nonperformance and if not cured in ten days or any longer time specified in writing by the Procurement Officer of MDE, such officer may terminate the Contractor’s right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part, the Procurement Officer of MDE may procure similar supplies or services in a manner and upon terms deemed appropriate by the Procurement Officer of MDE. The Contractor shall continue performance of 16
  17. 17. the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services. (2) Contractor’s Duties. Notwithstanding termination of the contract and subject to any directions from the Procurement Officer of MDE, the Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Contractor in which the MDE has an interest. i. Compensation. Payment for completed services delivered and accepted by the MDE shall be at the contract price. The MDE may withhold from amounts due the Contractor such sums as the Procurement Officer of MDE deems to be necessary to protect the MDE against loss because of outstanding liens or claims of former lien holders and to reimburse the MDE for the excess costs incurred in procuring similar goods and services. (3) Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of Subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the Procurement Officer of MDE within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a Subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the Subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the contract requirements. Upon request of the Contractor, the Procurement Officer of MDE shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the MDE under the clause entitled (in fixed- price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “Subcontractor” means Subcontractor at any tier). (4) Erroneous Termination for Default. If, after notice of termination of the Contractor’s right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the MDE, be the same as if the notice of termination had been issued pursuant to such clause. 17
  18. 18. (5) Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 18. TERMINATION ON CONVENIENCE (1) Termination. The Procurement Officer of MDE may, when the interests of the MDE so require, terminate this contract in whole or in part, for the convenience of the MDE. The Procurement Officer of MDE shall give written notice of the termination to the Contractor specifying the part of the contract terminated and when termination becomes effective. (2) Contractor’s Obligations. The Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontractors and orders connected with the terminated work. The Procurement Officer of MDE may direct the Contractor to assign the Contractor’s right, title, and interest under terminated orders or subcontracts to the State. The Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so. 19. PRICE ADJUSTMENT (1) Price Adjustment Methods. Any adjustment in contract price pursuant to a clause in this contract shall be made in one or more of the following ways: (a) by agreement on a fixed price adjustment before commencement of the additional performance; (b) by unit prices specified in the contract; or (c) by the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the contract. (2) Submission of Cost or Pricing Data. The Contractor shall provide cost or pricing data for any price adjustment subject to the provisions of Section 3-403 (Cost or Pricing Data) of the Mississippi Personal Service Contract Procurement Regulations. 20. COMPLIANCE WITH MISSISSIPPI EMPLOYMENT PROTECTION ACT Contract/Seller represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session) and will register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any 18
  19. 19. other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Contractor/Seller understands and agrees that any breach of these warranties may subject Contract/Seller to the following: (a) termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to three (3) years, with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to Contractor/Seller by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit." 21. E-PAYMENT AND E-INVOICING / SAAS The State requires the Contractor to submit invoices electronically throughout the term of the agreement. Vendor invoices shall be submitted to the state agency using the processes and procedures identified by the State. Payments by state agencies using the Statewide Automated Accounting System (SAAS) shall be made and remittance information provided electronically as directed by the State. These payments shall be deposited into the bank account of the Contractor’s choice. Contractor understands and agrees that the State is exempt from the payment of taxes. All payments shall be in United States currency. 22. DEBARMENT AND SUSPENSION CERTIFICATION The CONTRACTOR certifies that neither it nor its principals: (a) are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) have, within a three (3) year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) are presently indicted of or otherwise criminally or civilly charged by a governmental entity with the commission of fraud of a criminal offence in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, and (d) have, within a three (3) year period preceding this Agreement, had one or more public transaction (federal, state or local) terminated for cause or default. 19
  20. 20. 7.0 Qualifications The offeror shall provide the following information. Specific examples or evidence should be provided that demonstrates the following skills, knowledge, abilities, and experience. 1. Abilities, qualifications and experience of all persons who would be assigned to provide the required services; 2. Age of the offeror’s business and average number of employees over the past three (3) years; 3. Skill in planning and group facilitation; 4. Skill/experience in design of adult learning experiences; 5. Skill/experience in school foodservice, nutrition, and school health; 6. A listing of other contracts under which services similar in scope, size, or discipline to the required services were performed or undertaken within the past three (3) years; 7. Instructional experience which incorporates these activities within the last five years. 8.0 Criteria for Evaluation of Proposals Responsive proposals submitted by the specified time and containing the four parts described in Format and Procedures for Delivery of Proposals, Section 4.0, shall be evaluated by an Evaluation Committee selected by the MDE. The specific criteria that will be used in evaluating the merits of the proposals are listed below. The criteria are weighted to yield a total of 100 points. 1. Qualifications—25 points a. Ability to perform the services as reflected by technical training and education, general experience, specific experience in providing the required services, and the qualifications and abilities of personnel proposed to be assigned to perform the services; b. Personnel, equipment, and facilities to perform the services currently available or demonstrated to be made available at the time of the contracting; c. Record of past performance of similar work. 2. Plan for Performing the Required Services—55 points a. Course revision and development b. Participant and Instructor Manuals c. Training of Course Instructors d. Field Test e. Project Management 3. Budget (reasonableness of cost)—20 points a. Figures correct b. Expenditures support/match proposal 20
  21. 21. 9.0 Review Process Proposals will be reviewed by the Mississippi Department of Education (MDE) for completeness and compliance with the requirements set forth in the RFP. Any questions about significant omissions from a proposal or about applicant eligibility will be referred to the proposing organization. If, in the judgment of the MDE, a proposal is late, significantly incomplete, or an applicant cannot establish its eligibility, the proposal will be omitted from the competition. The decision of the MDE is final. Applicants submitting proposals that are withdrawn due to incompleteness or ineligibility will be notified in writing. An expert review panel will evaluate eligible applications in light of the required application components and the MDE’s established criteria. The review panel will review each eligible application and make recommendations to the MDE. Consideration will be based upon the following criteria: the final score assigned to each proposal by the review panel, the cost effectiveness and the total cost of the program. Following approval by the State Board of Education, the Personal Services Contract Review Board (PSCRB) and the MDE will contact the selected Project Directors to discuss any modifications to the project plan that may be required. 10.0 Schedule of Deliverables The services required of this RFP will be rendered from April 1, 2010 to May 30, 2012. A fixed-priced contract will be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the State, taking into consideration the price and the evaluation factors set forth in the RFP. An expected schedule of deliverables is described below. 21
  22. 22. Date Range Deliverable Payment Schedule By June 30, 2010 Conduct two task force meetings First Payment for Develop draft outlines of participant 20% of contract manuals Submit annual report for year one By October 2010 Conduct two task force meetings Second Payment for Develop first draft of participant 13% of contract manuals Jan – Feb 2011 Develop second draft of manuals for Third Payment for field test. 13% of contract Schedule and begin field test of SFS Administrator course Revise course an manuals based on field test Feb – April 2011 Develop field test of instructor manual Fourth Payment for Schedule and complete field test of 13% of contract Program Manager recertification course Train state staff on the SFS Administrator course By June 30, 2011 Final print copy of participant manuals Fifth Payment for Submit annual report for year two 13% of contract September 2011 to Deliver regional training on SFS Sixth Payment for 7% January 2012 Administrator course to SFS of contract Administrators By October 2011 Final print copy of instructor manual Seventh Payment for 7% of contract November 2011 Train instructors to teach the Program Eighth Payment for Manager course 7% of contract By May 2012 Develop evaluation tool Ninth Payment for Complete final report 7% of contract 22
  23. 23. PROPOSAL TRANSMITTAL FORM Recertification Course for School Foodservice Program Managers and Administrators for Fiscal Year 2012-2014 Name of Offeror: Contact Person: Title: Location of Offeror’s Principal Place of Business: Location of place of performance if different from above: Phone Number: FAX Number: Mailing Address: By my signature below, I hereby represent that I am an authorized to and do bind the offeror to the provisions of the attached proposal. The undersigned offers and agrees to perform the specified personal and professional services in accordance with provisions set forth in the Request for Proposals. Furthermore, the undersigned fully understands and assures compliance with the Conditions of Solicitation and Standard Terms and Conditions contained in the RFP. The undersigned is fully aware of the evaluation criteria to be utilized in awarding the contract. Authorized Signature___________________________ Date________________ Proposal Due Date: Thursday, January 21, 2010 No later than 3:00 PM, Central Standard Time Send To: Mississippi Department of Education Office of Procurement 359 North West Street, Suite 307 Jackson, MS 39201 ATTENTION: Ms. Lorraine Wince 23
  24. 24. PROPOSED BUDGET Recertification Course for School Foodservice Program Managers and Administrators for Fiscal Year 2012-2014 BUDGET SUMMARY FORM Budget Line Items Costs FY 2010 Costs FY 2011 Costs FY 2012 Salaries & Wages (Professional and Clerical) and Employee Benefits Travel Contractual Services Postage Telephone and e- mail Printing Other (explain) Subtotal Commodities TOTAL BUDGET for each fiscal year Grand Total (FY 2010 + FY 2011 + 2012) No indirect cost rate shall be allowed. This form is a required element of the proposal application. Justification for each of the categories shall be included in the budget narrative portion of the application. For reporting, you must include an itemized breakdown of these budget categories and a budget narrative explaining how each line item was calculated. 24

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