VI Update

USVI Public Records

A VI Update Project · Brian LoudenThe territory’s public record — kept public.

RFP 011 2016 P

Collection
Contracts & Procurement
Sub-shelf
dpp.vi.gov (Property and Procurement contracts)
Kind
Contract
Island
St. Thomas
Date
2024-02-06
Topics
Procurement
Pages
62
Text
OCR Text

Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Request for Proposal — Negotiation Professional Services U1 RO Ua es ARAM ELM Se. Ee oe ey COI ee Date: May 10, 2016 Fe CRS Rn inte loa (eM eet WA Mea EC Cee RFP No. 011-2016 (P) Pursuant to 31 V.I.C. 239 (a) (4) and Rules and Regulations thereunder issued, the Government of the Virgin Islands, Department of Property and Procurement will receive proposals for the work described below. Proposals will be received until Wednesday, June 8, 2016 @ 4:00 P.M. SCOPE OF SERVICES: ATTACHED Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 NEGOTIATED PROCEDURES: The Commissioner of the Department of Property and Procurement will appoint Selection Committee to assist in the evaluation and selection of the Contractor. Accordingly current data on qualifications and performance should be submitted with proposals. …

Download the original document · Plain text (TXT) · Browse the archive · How this archive works

Original source: https://dpp.vi.gov/wp-content/uploads/2016/05/RFP-011-2016-P.pdf

SHA-256 4d357c0e7220130975a317f9a283f78c61b1b7ae151ae5c0825306f16a2bd244

Re-using this document

A public record of the Government of the Virgin Islands, published by the agency itself. No copyright is asserted on it and 17 U.S.C. § 105 does not reach territorial government, so it publishes as a territorial public record.

Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.

Archive identifier LF-4d357c0e7220

Document text

Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Request for Proposal — Negotiation Professional Services U1 RO Ua es ARAM ELM Se. Ee oe ey COI ee Date: May 10, 2016 Fe CRS Rn inte loa (eM eet WA Mea EC Cee RFP No. 011-2016 (P) Pursuant to 31 V.I.C. 239 (a) (4) and Rules and Regulations thereunder issued, the Government of the Virgin Islands, Department of Property and Procurement will receive proposals for the work described below. Proposals will be received until Wednesday, June 8, 2016 @ 4:00 P.M. SCOPE OF SERVICES: ATTACHED Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 NEGOTIATED PROCEDURES: The Commissioner of the Department of Property and Procurement will appoint Selection Committee to assist in the evaluation and selection of the Contractor. Accordingly current data on qualifications and performance should be submitted with proposals. After reviewing the qualifications and proposals the Committee will select for discussions from the firm/s or person/s considered not less than three (3), in order of preference, deemed to be most highly qualified to provide the services herein required. Discussions will be conducted successively and severally with the firms or persons so selected the anticipated concepts and the relative utility alternative methods of approach for furnishing the services hereunder. FACTORS FOR DISCUSSIONS Selection criteria will include (i) Professional qualification, registration and general reputation of the principals of the firm or person; (ii) the extent to which the firm or person specializes in or has designed projects of a type and scope similar to the hereunder; (iii) familiarity with the area in which the project is to be located; (iv) capability of meeting design schedules; and (v) quality of performance on other projects. NEGOTIATION: The Selection Committee shall recommend to the Commissioner the highest qualified firm or person with whom a contract shall be negotiated. The Commissioner, with the assistance of the Selection Committee, shall attempt to negotiate a contract with such firm or person. Should the Commissioner be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm will be formally terminated. Negotiations will then be commenced with the second most qualified, the third most qualified or additional firms, in order to preference and their competence and qualification, and shall continue until an agreement is reached. Randolph N. Bennett Commissioner of Property and Procurement Form No, DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 INSTRUCTION TO PROPOSALS A. NOTICE RFP-011-2016 (P) to provide meals and wheels services applicable to the West-Central section (includes STRIVE Center) for the district of St. Thomas Information provided in the scope of work is to be used only for purposes of preparing a proposal. It is further expected that each bidder will read the scope of work with care, for failure to meet certain specified conditions may invalidate the proposal. The Government of the Virgin Islands, herein after referred to as GVI, reserves the right to reject any or all proposals or any portion thereof and to accept the proposal deemed most advantageous to GVI. Price shall not be the sole criterion of awarding this project. Scope and quality of work proposed and the ability of the bidder to complete this type of project shall also be considered. Applicants are requested to submit proposals on the basis of the scope of work. Alternative proposals recommending new features and technology other than that requested in the scope of work will receive consideration providing such new features and/or technology is clearly explained. Any exceptions to the requirements requested herein must be clearly noted in writing and be included as part of the proposal. The information contained herein is believed to be accurate, but is not be to consider in any way as a warranty. Request for additional information clarifying the Scope of Work should be directed in writing to Deputy Commissioner of Procurement, Ms. Latisha Blyden at latisha.blyden@dpp.vi.goy. All request will be forwarded to Honorable Commissioner Vivian I. Ebbesen-Fludd, BSN, MS, Department of Human Services. B. STATEMENT OF PURPOSE RFP-011-2016 (P) to provide meals and wheels services applicable to the West-Central section (includes STRIVE Center) for the district of St. Thomas Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 C. PROPOSE SCOPE OF WORK See Attached Scope of Work D. TIMETABLE 1. Last day for requests for written clarification will be Wednesday May 25, 2016 @4:00 p.m. 2. Proposals will be accepted at Department of Property & Procurement, no later than Wednesday, June 8, 2016 @ 4:00 P.M E. SUBMISSION OF PROPOSAL All interested parties shall submit seven (7) sets of proposals, which are to be delivered to the Department of Property and Procurement during normal business hours, no later than Wednesday, June 8, 2016 @ 4:00 P.M They shall be addressed to: Randolph N. Bennett Commissioner Department of Property & Procurement 8201 Subbase, 3RD Floor St. Thomas, Virgin Islands 00802 The sealed envelope containing the proposal must have the following information written on the outside of the envelope: SEALED PROPOSALS-DO NOT OPEN RFP -011-2016 (P) (Name of Bidder) (Mailing Address of Bidder) (Telephone Number of Bidder) (Fax Number of Bidder) Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 Where proposals are sent by mail, the bidder shall be responsible for their delivery to DOT before the date and time set for the closing of acceptance of proposals. F. WITHDRAWALS OF PROPOSAL A proposal may be withdrawn at any time prior to the time specified as the closing time for acceptance of proposals. However, no proposal shall be withdrawn or canceled for a period of thirty (30) days after said closing time for acceptance of proposals nor shall the successful provider withdraw or cancel or modify his proposal, except at the request of GVI after having been notified that said proposal has been accepted by GVI. G. INTERPRETATION OF SPECIFICATIONS If any person contemplating submitting a proposal requires clarification of any part of the scope of work, he/she may submit to the GVI a written request for an interpretation thereof to Deputy Commissioner of Procurement, Ms. Latisha Blyden at latisha.blyden@dpp.vi.goy.. GVI will not respond to questions received after the above established date. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the scope of work will be made in writing to all prospective providers. Oral explanations will not be binding. H. CONSIDERATION OF PROPOSAL The Commissioner of Property and Procurement shall represent and act for GVI in all matters pertaining to the scope of work and contract in conjunction therewith. This RFP does not commit GVI to the award of a contract, nor pay any cost incurred in the preparation and submission of proposals in anticipation of a contract. GVI reserves the right to reject any or all proposals and to disregard any informality and/or irregularity in the proposal when, in its opinion, the best interest of GVI will be served by such action. Proposals failing to provide some of the items in the scope of work shall not be rejected per se but any deviations from the scope must be clearly noted. L ACCEPTANCE OF PROPOSALS GVI will notify in writing acceptance of one of the proposals. Failure to provide any supplementary documentation to comply with the vendor's proposal may be grounds for disqualification. Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 J. CONTENTS OF PROPOSAL The following is a list of information to be included in the written proposal. Failure to comply with all the requirements as outlined, will disqualify the applicant. f. Introductory letter about the applicant: a. Name, address, email and telephone numbers. b. Type of service for which individual/firm is qualified. 2. Organization: Names/addresses of Principals of Finn. Names of key personnel with experience of each and length of time in organization. Number of staff available for assignment. (Local & Off-Territory) Copy of Articles of Incorporation Copy of Certificate of Resolution Copy of valid Business License oP mono a Outside consultants that will be retained for this project and percentage of work to be sub-contracted. 4. Project experience: a. List of completed projects and estimated cost of each. b. Current projects underway; scope; percentage completed to date and estimated cost of each. sf Project References: (including a notarized written consent from the authorized representative which must include: name; telephone number; email address and facsimile number). 6. Project Approach: a. Describe how you will approach this project and availability to perform the services requested. ia Cost: The Cost Proposal must be submitted in a separate sealed envelope. Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 K. CONFLICT OF INTEREST A proposer filing a proposal hereby certifies that no officer, agent or employee of GVI has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of GVI; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same request for proposals; the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm. L. LICENSE REQUIREMENT An award will not be made to any firm or individual doing business in the Virgin Islands to perform work with the Government of the Virgin Islands until evidence is submitted that the said firm or individual has a valid V.I. Business License to do business in the Virgin Islands. Bidders must submit hard copy of a valid V.I. business license within ten (10) working days after award. All Bidders bidding as Joint Ventures must be licensed as a Joint Venture in the Virgin Islands. M. REQUIRED DOCUMENTS Je PUBLIC LIABILITY: The successful bidder will be required to obtain and have in place public liability insurance and other insurance necessary as requested in this proposal package. Insurance policy(ies) shall name the Government of the Virgin Islands as "Additional Insured". The public liability insurance shall have a minimum limit of not less than one hundred thousand ($100,000.00) dollars for anyone occurrence for death or personal injury and one hundred thousand ($100,000.00) dollars for anyone occurrence for property damage. Bidder must provide public liability insurance within ten (10) working days after award. a WORKERS' COMPENSATION: Within ten (10) working days after award of project the successful bidder must submit a copy of their certificate providing that his firm and his agents are covered by Workers’ Compensation Employee's Liability. a Failure to provide certification within the stated time period may result in the proposal deemed non-responsive and may be immediately disqualified with no further consideration given for potential awarding of the contract. Form No. DPP-RFP-PS-68-75 Approved 3/7/75 Revised 3/18/08 N. REQUIREMENTS FOR CORPORATION 1. ARTICLES OF INCORPORATION 2. CERTIFICATE OF CORPORATE RESOLUTION 3, CERTIFICATE OF GOOD STANDING THESE WILL BE REQUIRED PRIOR TO AWARD OF CONTRACT. sh Request for Proposals for The St. Thomas Meals and Wheels Program West-Central Section (includes STRIVE Center) for the Department of Human Services Nutrition Program RFP #: GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Request for Proposal — Meals on Wheels Program-St. Thomas Pursuant to 31 V.I.C. 239 (a) (4) and Rules and Regulations thereunder issued, the Government of the Virgin Islands, Department of Property and Procurement will receive proposals for the work described below. Proposals will be received until DESCRIPTION OF WORK AND PROJECT: The Department of Human Services (DHS) is submitting this Request for Proposals (RFP) to solicit proposals from qualified Catering Companies to provide Meals and Wheels services applicable to the West-Central section (includes STRIVE Center) for the district of St. Thomas. The work consists of preparing daily meals for all participants on the Meals on Wheels Program as outlined in this Request for Proposals. Form No. APPROVED May 7, 1975 REVISED ‘August 18, 2008 NEGOTIATED PROCEDURES: The Commissioner of the Department of Property and Procurement will appoint Selection Committee to assist in the evaluation and selection of the Contractor. Accordingly current data on qualifications and performance should be submitted with proposals. After reviewing the qualifications and proposals the Committee will select for discussions from the firm/s or person/s considered not less than three (3), in order of preference, deemed to be most highly qualified to provide the services herein required. Discussions will be conducted successively and severally with the firms or persons so selected the anticipated concepts and the relative utility alternative methods of approach for furnishing the services hereunder. FACTORS FOR DISCUSSIONS: Selection criteria will include (i) Relevant experience and Expertise: (ii) Organizational Approach and Understanding; (iii) Vendor Staff and Level of Effort (iv) Project cost. NEGOTIATION: The Selection Committee shall recommend to the Commissioner the highest qualified firm or person with whom a contract shall be negotiated. The Commissioner, with the assistance of the Selection Committee, shall attempt to negotiate a contract with such firm or person. Should the Commissioner be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm will be formally terminated. Negotiations will then be commenced with the second most qualified, the third most qualified or additional firms, in order to preference and their competence and qualification, and shall continue until an agreement is reached. Randolph N. Bennett Commissioner Department of Property & Procurement West-Central Meals on Wheels Program-St. Thomas Page 4 of $4 TABLE OF CONTENTS Pw TNO TICE a acosansvcssiactenaca orevsnsiannancesi septs os nsthe Gavel UNRig Slo aeneponecheannvnesannnstconvacuiecinterantncnvddunnsvesssoubiraatiassevceceenese 5 Be SURCNIGHT OLE UC IUSE cos isecnisescecenessiisenssaocsnnessivar yvianvacasersteieneiuanteuion saree naneicaaeet eee 6 OE MSE WW Ne cscs voc omsnn ide msc oenn sdncyocenen cavotnreseben actin dardnsmcawvacbansess eb Doe, Tm TANG wvscnnsonvvcsicexrec noc ves bays salad UL ts KUNA UB SS TSGURGAN SALSA 4 ap -sscomapaerenoompecoreeaneenmene evens 9 E. Submission of Proposal ee F. Withdrawal of the Proposal ............ Re veces EIT G. Interpretation of Specifications... ll H. Consideration of Proposal .... «ic? I. Acceptance of Proposals ............... 12 J. Conflict of Interest 12 Ky. Dieetisure Requirements sc siccesssccccsvevessacezecessepiessasea tei eG ciieiiSas Soi aereneennnareceenserocerenceses 12 L. Required Documents 13 M. Contract Type and Duration wild N. Contents of the Proposal 14 O. Evaluation of the Proposal............ccssscsssssssssssessseceeessescsesesenenseess 19 Bi. Project Cast weesvenssesricenspavceuenvcsuse vie eg pce e0ei ia eaaiiaewnnansenneny-somnaseelenswannanrexavacexeonce 21 Qy Tetris: and Conditions science sa55 5. s5enenereponcedanersenenannanesnenaresdeaevantsunedvvdeuswenvanes meer West-Central Meals on Wheels Program-St. Thomas A. NOTICE RFP# Qualified catering companies will provide Meals and Wheels services to applicable areas of the West-Central section (includes STRIVE Center) for the district of St. Thomas. The provision of meal services to each location of the island will provide approximately One Hundred Sixty (160) meals per day and Forty Eight Thousand meals per year. Information provided in the scope of work is to be used only for purposes of preparing a proposal. It is further expected that each bidder will read the scope of work with care, for failure to meet certain specified conditions may invalidate the proposal. The Government of the Virgin Islands (herein after referred to as GVI or Territory) reserves the right to reject any or all proposals or any portion thereof and to accept the proposal deemed most advantageous to GVI. Price shall not be the sole criterion of awarding this project. Scope and quality of work proposed and the ability of the bidder to complete this type of project shall also be considered. Applicants are requested to submit proposals on the basis of the scope of work. Alternative proposals recommending new features and technology other than that requested in the scope of work will receive consideration providing such new features and/or technology is clearly explained. Any exceptions to the requirements requested herein must be clearly noted in writing and be included as part of the proposal. The information contained herein is believed to be accurate, but is not to be considered in any way as a warranty. Request for additional information clarifying the Scope of Work should be directed in writing to Commissioner of the Department of Property and Procurement (DP&P) Randolph Bennett, at randolph.bennett@DP&P.vi.gov. All requests will be forwarded to the Honorable Vivian I. Ebbesen-Fludd, Commissioner, Department of Human Services. West-Central Meals on Wheels Program-St. Thomas STATEMENT OF PURPOSE The GVI, through the Department of Property and Procurement, (hereinafter “DP&P”), on behalf of The Department of Human Services (DHS) is submitting this Request for Proposals (RFP) to solicit proposals from qualified catering companies. The successful contractor will provide meals in accordance with all Federal and Local laws and regulations governing the preparation, plating, handling and transportation of food. SCOPE OF WORK Location : WEST-CENTRAL SECTION (includes STRIVE Center) Note: All information listed below is for the provision of meal services to the West-Central section (includes STRIVE Center) of the island which provides approximately 160 meals per day and 48,000 meals per year. Please bid according to this projected figure. Please note that on rare occasion (e.g. inclimate weather), you may be asked to provide double meals. This usually occurs around Hurricane Season, but may also occur during other times of the year. There are three times during the year, Human Services traditionally requests a special menu: Thanksgiving, Christmas meals, and the May Month Senior Banquet. Please make note that your food cost may be higher for those menus due to higher priced items being purchased. Requirements All bidders must have all of the following in order to be eligible to bid: e Meal preparation facility that meets the sanitation requirements of local and Federal rules and regulations as well as having a health permit and all other required licenses. e A Registered Dietitian who is able to assist with preparation and review of menus and who will administer their signature of approval to the submitted menus. e Capability to prepare the number of meals specified at the designated time. e Building facilities that promote the easy transfer of meal carriers from the food preparation site to the Department of Human Services vehicle. If building facilities are not sufficient, then the bidder must demonstrate the availability of adequate equipment (e.g. sturdy dollies, lifts, etc.), that will allow such transfer to occur. e Food handlers cards for all those who will be involved in handling/preparing food items, no matter how minimal the task. West-Central Meals on Wheels Program-St. Thomas e Health Inspection Certificate dated within one month of proposal submission e 2 complete sample meals must be provided for a panel comprised of Meals on Wheels staff and Meals on Wheel participants for contract award decision- making purposes. The meals must be consistent with the requirements detailed in this Scope of Work Sanitation and Food Handling Requirements The successful bidder shall comply with all Federal and Local laws and regulations governing the preparation, plating, handling and transporting of food. Food must be prepared, plated and handled with the least possible manual contact. Surfaces will be cleaned and sanitized to prevent cross- contamination. Dishes and utensils will be washed using water that is 171 degrees F (77 degrees C) or above, or using an approved chemical sanitizing solution. All food preparation facilities, food storage and food associated areas, and equipment shall be cleaned and sanitized on a daily basis. All equipment (i.e. the food carriers) used to transport the meals shall be provided by the Department of Human Services. It is the responsibility of the successful bidder to clean and sanitize the carriers on a daily basis or more often if needed. The carriers will be open to inspection by the Department of Human Services and shall be kept in good repair. The successful bidder shall maintain a written documented formal sanitation program that meets or exceeds the minimum requirements of local and Federal agencies authorized who are authorized to do inspections. The successful bidder agrees to have all involved in a food handling capacity, no matter how small, participate in scheduled Hazard Analysis Critical Control Point Systems (HACCP) training by staff of the Department of Human Services. The one day training will take place between the hours of 8 am and 5 pm, Monday through Fridays and will take place at the facility of the successful bidder, unless otherwise noted. The successful bidder shall maintain all food preparation areas over which it has control in clean and sanitary conditions. All food preparation facilities and food storage and food associated areas, including equipment utensils, ventilation equipment (including filters), door cabinets, counters, garbage receptacles, etc. Shall be cleaned and sanitized on a daily basis. The Department of Human Services or any other authorized local or federal employee may conduct inspection to determine compliance with any required rules or regulations. Further, facilities must be available for inspections by authorized employees of the Department of Human Service, Department of Health and the federal government at least two weeks prior to the evaluation of the proposal. The successful bidder will maintain one food sample of each meal for 72 hours (3 days) in order to expedite a food analysis in the case of a suspected food-borne illness. West-Central Meals on Wheels Program-St. Thomas Nutrition Standards: Menu Policies and Food Preparation Guidelines Purpose Menu standards are developed to sustain and improve client health through the provision of safe and nutritious meals using specific guidelines. These guidelines are incorporated in this request for proposal. Submit the following menus on the forms or in the format provided (See Table F). All menus must contain 6 week cycles. e Regular Menu © Low Sodium Menu e Diabetic Menu e Puree Menu NOTE: Bidders who are current vendors will NOT be allowed to submit the same menus for a new bidding cycle. NEW MENUS MUST BE PROVIDED with at least TWO new entrees per week that are different from what was served the prior contract year. All of the above menus must be low in fat. The content should not exceed thirty (30) percent of the total calories for each meal. All menus must be reviewed and signed by a Registered Dietitian with contact phone number provided. (See Appendix 1 “Menu Approval Sheet”) Menu Policies Meals served must contain the following: e Calorie level of between 670-750 calories per meal e A fat content of no more than 30% of calories per meal e A sodium content of less than 1200 mg per meal e 60 grams of Vitamin C per meal e An average of 8 grams of fiber per meal over the course of the week e An average of 300 RE of Vitamin A per meal over the course of the week Good sources of Vitamin A and C are required to be served daily. A good source of a nutrient must contain 25% or more of the RDA. Good vegetable/fruit sources of Vitamin A and C are listed in Table A. Religious, ethnic, or cultural preferences of a significant portion of the elderly population within the program should be reflected in the meals served. Where feasible and appropriate, individual dietary needs must also be met. West-Central Meals on Wheels Program-St. Thomas Therapeutic diets prescribed by a physician should be planned to provide as close to the 1/3 of the RDA as possible. All bidders shall contract a Registered Dietitian (RD) or Licensed Dietitian (LD) who shall review menus to ensure that all standards for menus have been met and maintained throughout the terms of the contract. The dietitian is to be retained throughout the length of this contract and consulted as needed. It is the responsibility of the provider to ensure nutritional adequacy. The dietitian must have their current registration credentials with the Commission on Dietetic Registration. The DHS Departmental Nutritionist or other designated employee must approve the successful bidder’s dietitian. The DHS Departmental Nutritionist or other designated employee is responsible for monitoring, reviewing, and approving the menus used in the Nutrition Program for the Elderly. Menu Submission Protocol: 1. Menu Cycles: Menus must be planned for a minimum of six weeks. No complete meal shall be repeated within a 4 week time period. No exact entree can be duplicated within 2 weeks. 2. Menu Submission: Menus shall be submitted four weeks prior to service to the DHS Departmental Nutritionist or other designated employee. The NPE menu form shall be completed by the provider and submitted. 3. Substitutions: Substitutions may be made from menus submitted to the DHS due to shortages or problems with food delivery to the kitchen or meal site. The substitutions should be as similar to the originally planned food(s) as feasible and kept to a minimum. The DHS must be notified immediately to evaluate and approve the substitution. The menus must also make allowance and contain substitutes for persons who may be vegetarian, or who may not eat red meat, pork, or fish. All substitutions must be recorded on the Substitution List and comply with the NPE specifications. 4, Alcohol: No alcoholic beverages can be served or used in any part of the preparation process of meals. 5. Advance Meal Preparation: Meat, vegetable, and bread alternate components shall not be prepared earlier than 24 hours preceding their delivery. The frozen Home Delivered Meals may be prepared earlier than one day to ensure that the meals are solidly frozen. In all instances of advance meal preparation, proper preparation and storage techniques such as outlined in the DHS food safety training shall be employed. West-Central Meals on Wheels Program-St. Thomas 6. Low Sodium Guidelines: All meals, including the “Regular” meals, are to be prepared according to Low Sodium guidelines. Guidelines are as follows: e Limit the use of highly processed foods which may include commercially prepared frozen entrees and condiments that are high in sodium e Low sodium bases/stocks should be used when preparing gravies e Only fresh or frozen vegetables are allowed for vegetable option of meal. e Do not add salt when cooking rice or pasta. e Each meal must not be prepared with more than % teaspoon of added salt. MEAL PATTERNS 1. Regular Food Groups Amount to Serve 1. Meat/Meat Alternative 4 oz. lean, cooked 2. Starch (bread alternative) ¥2 cup 3. Vegetable ¥2 cup or | cup* (1-2 servings) 4. Fruit /2 cup or | cup* (1-2 servings) 5. Dessert ¥2 Cup or | serving 6. Bread/Grain I serving 7. Butter/Margarine 1 tsp. 8. Low Fat Milk 1 cup * Vegetable and Fruit Servings should constitute three total servings per meal, excluding dessert. e.g. If ‘4 cup vegetable is served then 1 cup of fruit must be served for the fruit serving and vice versa. NOTE: A food that is served within a meal may be counted within only one food group. For example, juice served as a fruit cannot be counted as a fruit and dessert. 2. Diabetic The same food groups are used as for “Regular.” The only difference is that the dessert should consist of unsweetened or low sugar products. If canned fruits are used then they should be packed in their own juice. Baked desserts should be made with a decreased amount of sugar or a sugar substitute. One low sugar baked item for dessert is required to be served at least once per week. The recipe and sample of the product must be provided to designated DHS staff for review and approval prior to service. West-Central Meals on Wheels Program-St, Thomas 3. Low Sodium The same food groups are used as for “Regular.” 4, Special Changes Changes in “Regular” meals may be offered where feasible and appropriate to meet the medical needs of the client. These changes do not require a physician’s approval: e The client asks for a reasonable change in entree due to religious or personal preferences. Requests will be honored when possible, if the contractor is able and it is within nutritional guidelines. e The client/client’s representative requests an omission from the meal being served. DHS will not force any client to receive food that is not desired. e Changes in meal consistency. e The provision of fresh or water packed fruit or unsweetened desserts. Meal Pattern Food Group Specifications 1. Meat/Meat Alternative The meal shall contain four (4) ounces cooked edible portion of meat, fish, poultry, or meat alternate and must provide at least a minimum of 20 grams of protein. The following meal alternates may replace one ounce of meat (poultry, beef, veal, and fish): e 1 ounce of cheese (made with skim or partially skimmed milk) e | ounce of tofu e ‘cup dried peas of beans, cooked to volume; or % cup cooked peas or beans. Please note that CHICKEN WINGS or the SKIN OF CHICKEN is NOT ALLOWED to be served due to the high fat content. Lower fat entrees are recommended, such as poultry, fish products and lean meats. Only ground round shall be used. Lean ground chicken or turkey may be used. No regular ground beef or hamburger will be served. Ground meat of any kind can be used no more than twice per week as a main entree. Texturized Vegetable Protein (TVP) may be incorporated in some recipes with a maximum ratio of 30% TVP to 70% meat. When meat alternatives are planned for the entree, a source of an iron and Vitamin C rich food must be included. If a base is used for gravy preparation, the base must be low fat and low sodium. West-Central Meals on Wheels Program-St. Thomas 2. Vegetables One to two servings of one-half cup drained weight must be served. Fresh or frozen vegetables are to be used. The only canned vegetables that will be accepted are beets, lima beans, corn, and wax beans. Mashed Potatoes, if used, must be enriched with Vitamin C. A good source of Vitamin A and C are to be served daily. Lettuce alone may not count towards a vegetable serving. Lettuce and tomato may be served as one vegetable serving. Salads shall be packaged in closed containers and maintained at a cool temperature. Individual packaged salad dressing will be provided with all salad. Vegetable Sauces, such as tomato sauce, cannot count toward meeting the vegetable requirement. 3. Fruit The following is considered one serving of fruit: e ‘4 cup drained canned fruit e 1 cup 100% fruit juice e Fresh fruit serving size —- see Table B Canned fruit must be packed in fruit juice, water or lite syrup. Fruits canned in heavy syrup will not be accepted. Canned fruit must be maintained at a cool temperature. Canned fruit is not to be served more than three times per week 4. Grains/Starches: See Table C for serving sizes. Please note that a variety of at least three different types of breads must be served during each week cycle. 5. Milk Eight (8) ounces of reduced-fat milk fortified with Vitamins A and D must be served with each meal. Milk will not be accepted at temperatures above 40 degrees. If milk is not available, the following may be used as a substitute: e 1 cup yogurt e 1% ounces reduced fat cheddar or American cheese e Calcium-Fortified Soy or Almond Milk West-Central Meals on Wheels Program-St, Thomas Calcium-fortified soy or almond milk may also be requested for clients with milk intolerance. An estimate of meals requiring this type of substitution should be calculated at 10 meals per day. If milk is knowingly going to be substituted for a period of over 3 days, the Program Supervisor must be notified. 6. Fat One teaspoon of butter or margarine spread in individual serving packages must be served. 7. Desserts One serving must be served. Desserts shall be packaged in closed containers. Perishable desserts shall be received by nutrition workers at temperatures not more than 40 degrees Fahrenheit. See Table C for serving sizes. Fruit must be served as a dessert two times per week with fresh fruit served at least two times per week subject to seasonal quality. When fruits are used as a dessert, another serving of a different type of fruit must also be served to fulfill the fruit group obligation. The remaining desserts must include a baked product twice per week for regular, low sodium and low potassium diets and once for diabetics (See Table C) . Gelatin is not allowed to be served as it does not travel well, Note: Providers are encouraged to provide similar desserts for the regular and diabetic menus. For example, if pudding is on the regular diet menu, it is suggested that a no-sugar pudding be served as a substitute. Note: When the dessert contains the equivalent of 4 cup milk per serving, it may be counted as % a serving. Food Purchasing Specifications e Beef Lamb, Veal — USDA Select. If ground beef is used, the percentage of meat must be 93% or higher. e Poultry — US Grade A e Pork— USDA Grade: Acceptable e Vegetables (Frozen) — US Fancy or US Grade A e Vegetables (Fresh) — US Fancy e Fruit (canned and frozen) - US Grade B; light syrup or juice e Juice — 100% fruit juice; unsweetened e Milk —Homogenized Grade A, in individual containers West-Central Meals on Wheels Program-St. Thomas Fresh: Received from vendor between 32-40 degree F packed in crushed or flaked self- draining ice. Bright red, moist gills and eyes are bulging and clear. No noticeable strong fish odor. Frozen: No indication that the fish has been allowed to thaw. Frozen fish must be received frozen. Food Production/Distribution 1. Number of Meals — Separate cost proposals will be considered for the provision of individually packaged meals which meet specifications. The estimated number of meals is as follows: 160 meals per day or 45,000 meals per year. Of the total number of meals estimated above, the Nutrition Program for the Elderly will only pay for those ordered, prepared, accepted, and delivered in edible condition and meeting the standards found within the scope of work. 2. Weekly Provision of Meals When ordered, Congregate meals will be provided two days per week, except holidays Home delivered meals will be provided up to seven days per week. For weekends and holidays, frozen meals will be provided on the days before the weekend or holidays. However, hot meals shall be provided on weekends and holidays for participants who cannot manage frozen meals. 3. Frozen Meals Frozen meals must be frozen in the serving trays and delivered in a completely frozen state when accepted by Department of Human Services. If the bidder lacks the capacity to provide the number of frozen meals required for pre-holiday delivery, then the bidder must have the capacity to prepare and deliver double hot meals for pre-holiday delivery. Frozen meals cannot be duplicates of meals served during the week. 4. Labelling of Meals ALL meals must have a computer generated label on each tray cover. The labels will be color-coded as follows: BLUE MARKER - Regular RED MARKER — LOW SODIUM GREEN MARKER — DIABETIC “SOFT,” “PUREE,” and other diet restrictions shall be indicated as needed. A sample label appears as follows: West-Central Meals on Wheels Program-St. Thomas Baked Chicken Macaroni and Cheese Broccoli SOFT 5. Leftover Food The procedure for disposing of leftover un-served food is as follows: e Cold foods that are not out of the expiration date such as fruits, bread, milk, juice, baked goods and salads, can be re-served the next day given that they are packaged and stored according to guidelines. e No hot food shall be re-used UNDER ANY CIRCUMSTANCES. 6. Special Events The successful bidder must be open to negotiations for Human Services-related special events such as picnics, conferences, and special holiday dinners. The price per meal will remain the same, although the successful bidder may be asked to provide items not normally served on to the program participants (e.g. sandwiches, ham, johnny cakes, etc.) 7. Meal Orders and Cancellations The Department of Human Services reserves the right to order or cancel meals up to 5:00 pm the day before the meals are to be provided. Limited changes in the number of meals (up to 10) may be requested up to 8:30 am on the day of the order. 8. Delivery Times The number of meals ordered by the Department of Human Services must be ready for delivery no later than 9:30 am. The Department of Human Services reserves the right to alter the delivery time with 24 hours’ notice given to the vendor. 9. Accuracy of Meal Delivery and Payment e The successful bidder will be held accountable for the accuracy of all meal provided. e The successful bidder will provide exactly the number of meals ordered. e Damaged, spoiled, inedible, or incomplete meals will not be included when the number of meals provided for payment is determined. e A meal of which ANY portion of the meal is spoiled, damaged, burnt, missing, or otherwise inedible is considered unacceptable and will not be included for payment. West-Central Meals on Wheels Program-St. Thomas The Department of Human Services reserves the right to refuse payment on any meal not supplied within 30 minutes of the specified delivery time. The department reserves the right to obtain meals from other sources with the caterer responsible for any additional cost. 10. Emergency Procedures Emergency circumstances preventing the delivery of meals on the required day(s) are the responsibility of the successful bidder. In the event of unforeseen emergency circumstances, the successful bidder shall be required to immediately notify the Department of Human Services by telephone, or messenger. Emergency situations affecting the successful bidder’s ability to deliver meals will result in non- payment by the Department of Human Services for undelivered meals. Food Production Facility 1. Facility Inspection The Department of Human Services, the Virgin Islands Department of Health, and any other designated entity reserve the right to inspect the successful bidder’s food preparation facilities at any time without notice. The successful bidder must meet at least quarterly with designated Human Service staff and a panel of clients for review and evaluation of services. The Department of Human Services reserves the right to require the presence of the bidder or his representative at meetings when the Department of Human Services requests to resolve emergencies associated with the bidder’s service to the program. 2. Facility Supervisor The successful bidder shall provide management supervision at all times at the food preparation facility during meal preparation associated with this contract. The supervisor will be responsible for assuring that all pre-requisite HACCP standards are met. 3. Equipment The successful bidder agrees to surrender all equipment purchased by federal and local funds at the termination of the contract. The successful bidder may not use this equipment for any purpose other than the delivery of meals to participate in the Nutrition Program for the Elderly. Meal Service Packaging Specifications In addition to the guidelines listed previously, below are added specifications as to how various food items should be packaged. West-Central Meals on Wheels Program-St. Thomas 1. SERVING TRAYS Meals are to be prepared and packaged in the covered 8.5” x 6.5” trays pictured below: The starch, vegetable and meat/meat alternative portion of the meal is to be served in the tray. 2. REDUCED FAT (2%) MILK 2% Milk is to be purchased in single-serve, sealed cartons. Milk in single-serve plastic pouches is also acceptable if the appropriate straw is served (see picture of Capri Sun package in the next page). A cooler will be provided by the Department of Human Services in which the milk will be packed by vendors prior to pick-up. Individual serving packets of powdered milk are required to be kept on hand in the event that liquid milk is unavailable to be served. 3. 100% FRUIT JUICE An 8 ounce serving of 100% juice is to be served in containers as seen below (NOTE: The pictures below are examples of suitable containers. The brand names do not have to be the same. Also, pouch or boxed juices must contain the suitable drinking straws as seen in the Capri Sun picture. Cocktail stirrers are not acceptable). West-Central Meals on Wheels Program-St. Thomas As with the milk, coolers will be provided by the Department of Human Services. 4. CHEESE Unless it is part of the entrée, cheese as individual servings (e.g. American slices, cubes, etc.) is not to be served 5. BREAD All bread is to be individually wrapped in either Saran wrap-type plastic or Ziplock-type plastic bags. 6. PLASTIC UTENSILS Plastic utensils/napkins are not required to be provided by vendors. TABLE A Vitamin A A good source of Vitamin A must be served daily. A % cup serving of the following fruits and vegetables are good sources: Apricot Avocado Broccoli Brussel Sprouts Cantaloupe Carrots Collard Greens, Kale and other dark leafy greens Mango Mixed Vegetables Okra Peaches Green Peas Pumpkin Spinach Sweet Potato Tomato Vitamin C e For each meal, one good source of a Vitamin C rich food must be served. e 100% Juices that are fortified with Vitamin C are allowed. Fruit drinks, even when fortified, are not allowed. The following foods are good sources of Vitamin C per % cup serving: West-Central Meals on Wheels Program-St. Thomas Asparagus Brussel Sprouts Cabbage Cauliflower Bean Sprouts Bell Pepper Cantaloupe Broccoli Fortified 100% Fruit Juice © Honeydew Melon Okra Mandarin Orange Kiwi Orange Papaya Mango Pineapple Potato Strawberries Spinach Sweet Potato Tangerine Tomato/Sauce/Juice Turnip Greens Table B Fruit Serving Sizes Canned, or diced fresh fruit — 4 cup e.g.: Applesauce, fruit cocktail, sliced peaches, mandarin orange, diced fiuits (e.g. pineapple) Canned, Other: e.g. 2 peach halves, 2 pear halves, 3 pineapple slices, 4 apricot halves, 3 prunes, 3 plums Fresh Fruit (1 whole fruit): Apple, Banana, Orange Fresh Fruit (2 whole fruits): Plums, kiwi Dried: 3 heaping T. raisins (or | individual serving box) 5 halves apricots or similar fruit 3 whole prunes Table C Dessert Serving Sizes © Maximum of 2 times per week Pies/Tarts (Not allowed for Diabetic Meals) One serving = 1/16 of 8” pie Cakes: One serving = one 2” square piece (Note: Chocolate, coconut and carrot cake not allowed) West-Central Meals on Wheels Program-St. Thomas Cookies: One serving = 2 small 2” diameter cookies (Note: Diabetics get one cookie) applesauce, plain or sponge cake allowed if indicated by Human Services Table D Pureed Diet Food Group Preparation Avoid Meat Meat, fish, pork (without All others bones), poultry (without skin or bone). Starch/Bread Alternative Mashed root vegetable. All others Cornmeal, cooked to a soft consistency. Rice or pasta. Vegetable Cooked vegetables without All others seeds. Fruit Peeled and seedless fresh All others fruit. Mashed canned fruit. Bread Bread only allowed if Any with seeds or nuts indicated by Human Services. Dessert Baked custard, puddings, Any with seeds or nuts West-Central Meals on Wheels Program-St. Thomas TABLE E Mechanical Soft Diet Food Group Preparation Avoid Meat Ground or finely chopped All others meat, including pork. Poultry or fish without bones. Tofu Starch or Bread Alternative Mashed or creamed potatoes, All others soft fungi, macaroni and other pasta/noodles, rice, mashed provisions. Vegetable Cooked soft vegetables All others without seeds. Fruit Canned or cooked chopped All others fruit without seeds and skin. Bread Soft breads, muffins and plain ‘Any with seeds or nuts crackers. Dessert Custards, puddings, cake, soft Any with seeds or nuts cookies without nuts or seeds. Low Potassium Diet Guidelines 1) Drain all juice from canned fruits 2) Only 1 TABLESPOON of any type of gravy or sauce is allowed per meal 3) None of these foods are allowed: Potatoes and all other provisions (e.g. green banana) Red Beans Cantaloupe Honeydew Carambola (star fruit) Broccoli Bananas (ripe or green banana) Oranges Tomato (including sauces) Prunes Spinach (or any other dark, leafy green vegetable) Apricots NO SALT SUBSTITUTES e When potatoes are on the menu, substitute with rice or pasta. e When fruits on the not allowed list are on the menu, substitute with any other type of canned or fresh fruit or applesauce. jsiuonagny jdaqg yssy SHA EHH §.19plAord :Ag paaoiddy :Ag patedaig NOLLALILS ANS SUTIN IYASSHG ‘dsj | ANIYVOUVAN ava dno |-% ‘OFA/LINGA dno [-7% ATAVLADAA dno z, “LTV GVaud /HOUVLS ‘ZO AALLVNYALTV LVAW 10 LVAW AVQNNS AVAYNLVS AVIdeA AVOSYNHL AVOSHNCaM AVASHNL AVGNOW HOSAAM l# AID? aplAodd ue] dg nua] WINIpos MOT pue Jejnsoy ATYAC TA FHL YOd WVeDONd NOTLTELAN A ede L bs fo 7 aapg SPUIOY] “1S-WUBIBOIg Spay AA UO SyRayA) [RIWUDD-159,4 West-Central Meals on Wheels Program-St. Thomas APPENDIX I Menu Approval Sheet MEAL PATTERN FOR THE MEALS ON WHEELS PROGRAM FOOD GROUP MINIMUM PER MEAL | Approved (Dietitian’s Initials Meat, Eggs, Legumes 4 oz. or equivalent Legumes twice per week Ground lean meat only two times per w Fruit/Vegetable 3 Servings Grains/Starches 2 Servings Whole grains at least 3 times per week Milk 1 Serving Vitamin A | rich serving per meal Vitamin C | rich source or two fair servings per m Energy (Calories) No less than 750 calories per meal Follow Dietary Guidelines Sodium < 1200 mg per meal Fat < 30% of meal calories Protein 20 grams Calcium 400 mg I certify that, to the best of my knowledge, that each meal in the attached menus provides the above mentioned requirements as detailed by the National Academy of Sciences and conforms to the Dietary Guidelines for Americans. Dietitian Signature: CDR (RD) # Date: Expiration Date PLEASE ATTACH COPY OF DIETITIAN’S REGISTRATION CARD West-Central Meals on Wheels Program-St. Thomas D. TIMETABLE 1. Last day for request or written clarifications will be , at 5:00 p.m. 2. Proposals will be accepted at the Department of Property & Procurement, no later than , at 5:00 p.m. E. SUBMISSION OF PROPOSAL All interested parties shall submit seven (7) sets of proposals, which are to be delivered to the Department of Property and Procurement during normal business hours, no later than They shall be addressed to: Randolph Bennett, Commissioner Designee Department of Property & Procurement Building #1 Subbase, 3rd Floor St. Thomas, Virgin Islands 00802 The sealed envelope containing the proposal must have the following information written on the outside of the envelope: SEALED PROPOSALS - DO NOT OPEN RFP No. (Name of Bidder) (Mailing Address of Bidder) (Telephone Number of Bidder) (Fax Number of Bidder) Where proposals are sent by mail, the bidder shall be responsible for their delivery to Property & Procurement before the date and time set for the closing of acceptance of proposals. West-Central Meals on Wheels Program-St, Thomas Page 25 af 54 . WITHDRAWALS OF PROPOSAL A proposal may be withdrawn at any time prior to the time specified as the closing time for acceptance of proposals. However, no proposal shall be withdrawn or canceled for a period of thirty (30) days after said closing time for acceptance of proposals nor shall the successful provider withdraw or cancel or modify his proposal, except at the request of GVI after having been notified that said proposal has been accepted by GVI. - INTERPRETATION OF SPECIFICATIONS If any person contemplating submitting a proposal requires clarification of any part of the scope of work, he/she may submit to the GVI a written request for an interpretation thereof to the Commissioner Designee of Property and Procurement, Randolph Bennett. GVI will not respond to questions received after the above-established date. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the scope of work will be made in writing to all prospective providers. Oral explanations will not be binding. CONSIDERATION OF PROPOSAL The Commissioner of Property and Procurement shall represent and act for GVI in all matters pertaining to the scope of work and contract in conjunction therewith. This RFP does not commit GVI to the award of a contract, nor pay any cost incurred in the preparation and submission of proposals in anticipation of a contract. GVI reserves the right to reject any or all proposals and to disregard any informality and/or irregularity in the proposal when, in its opinion, the best interest of GVI will be served by such action. Proposals failing to provide some of the items in the scope of work shall not be rejected per se but any deviations from the scope must be clearly noted. West-Central Meals on Wheels Program-St. Thomas ACCEPTANCE OF PROPOSALS GVI will notify in writing acceptance of one of the proposals. Failure to provide any supplementary documentation to comply with the vendor's proposal may be grounds for disqualification. CONFLICT OF INTEREST A proposer filing a proposal hereby certifies that no officer, agent or employee of GVI has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of GVI: that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same request for proposals; the Bidder is competing solely in its own behalf aaihaut connection with, or sbiodiion to, any undisclosed person or firm. LICENSE REQUIREMENT An award will not be made to any firm or individual doing business in the Virgin Islands to perform work with the Government of the Virgin Islands until evidence is submitted that the said firm or individual has a valid V.I. Business License to do business in the Virgin Islands. Bidders must submit hard copy of a valid V.I. business license within ten (10) working days after award. All Bidders bidding as Joint Ventures must be licensed as a Joint Venture in the Virgin Islands. REQUIRED DOCUMENTS 1. PUBLIC LIABILITY: The successful bidder will be required to obtain and have in place public liability insurance and other insurance necessary as requested in this proposal package. Insurance policy (or policies) shall name the Government of the Virgin Islands as "Additional Insured". The public liability insurance shall have a minimum limit of not less than one hundred thousand ($100,000.00) dollars for anyone occurrence for death or personal injury and one hundred thousand ($100,000.00) dollars for anyone occurrence West-Central Meals on Wheels Program-St. Thomas for property damage. Bidder must provide public liability insurance within ten (10) working days after award. 2. WORKERS' COMPENSATION: Within ten (10) working days after award of project the successful bidder must submit a copy of their certificate providing that his firm and his agents are covered by Workers' Compensation Employee's Liability. 2. FAILURE TO PROVIDE THE CERTIFICATES WITHIN THE STATED TIME PERIOD MAY RESULT IN THE PROPOSAL DEEMED NON-RESPONSIVE AND MAY BE IMMEDIATELY DISQUALIFIED WITH NO FURTHER CONSIDERATION GIVEN FOR POTENTIAL AWARDING OF THE CONTRACT. CONTRACT TYPE AND DURATION The Contract resulting from this RFP will be a time and materials agreement for a specified number of person hours. A maximum annual expenditure ceiling will be established for this contract. During the course of the contract any enhancement request will be handled through change orders and will require a contract amendment and an approved schedule for completion of acceptably defined deliverables. Enhancements will be estimated based upon the rates proposed and must be approved in writing by the Administrator, Division of Health Insurance, prior to work being initiated. The Contract will have a base period of two (2) years or twenty-four (24) months beginning on the effective date of the Contract. CONTENTS OF PROPOSAL All page limits are to be in 12pt type, double spaced with margins no less than one inch. Proposal preparation effort should be concentrated on conformance to RFP instructions. responsiveness to requirements, and completeness and clarity of content. Elaborate proposals are West-Central Meals on Wheels Program-St. Thomas neither necessary nor desirable. If the bidder’s proposal is presented in a fashion that makes evaluation difficult or overly time-consuming, points may be deducted in the evaluation process. The following is a list of information to be included in the written proposal. Failure to comply with all the requirements as outlined will disqualify the applicant: Transmittal/Introductory Letter Not to exceed two (2) pages Project Narrative Not to exceed eight (8) pages Management and Technical Approach Not to exceed twelve (12) pages Cost Proposal. Not to Exceed five (5) pages 1. Transmittal/Introductory letter (no more than two pages) - The letter must be written on the bidders’ business stationary and signed by an official authorized to legally bind the bidder. It must include the following: a. e. Contact Information - Name and address of the applicant organization; contact name and contact information for the key staff contact person involved with the proposal, name, address, fax and telephone numbers. Type of service for which individual/firm is qualified. an itemization of all materials and enclosures submitted in response to the RFP including all required forms, checklists, and/or schedules; a statement that the bidder possesses the required quantity of resources, skills, and availability to meet all the requirements set forth in the RFP and an unequivocal statement that the bidder acknowledges and agrees to all of the rights of the Territory including the procurement rules and procedures, terms and conditions, and all other rights and terms specified in this RFP; a statement that the person signing the proposal is authorized to make decisions as to the prices quoted and that (s)he has not participated, and will not participate, in any action contrary to the RFP; the bidder's assurance that the proposal shall remain in effect for at least 180 days from the proposal due date specified in the RFP Transmittal Letter: West-Central Meals on Wheels Program-St. Thomas g. the identification of any particular RFP section(s) that the bidder believes will inhibit contract negotiations or project performance with an explanation of the concern: 2. Project Narrative - (Not to exceed eight (8) pages. The subsections are as follows: a. Executive Summary - The Executive Summary shall summarize the contents of the Proposal and provide the Evaluation Team and other readers with a broad but clear understanding of the bidder's Proposal. No cost information is to be included in the Executive Summary. The Executive Summary is an extremely important part of the Proposal and must be a concise overview that summarizes each part of the Proposal so that the reader can gain a broad understanding of what the bidder is proposing without having to read the entire Technical Preps. Bidders must summarize how their Proposal meets the requirements of this RFP and why the bidder is best qualified to perform the work required. b. Organization Information (not subject to page limit) (1) Names/addresses of Principals of Firm. (2) Names of key personnel with experience of each and length of time in organization. (3) Number of staff available for assignment. (Local & Off-Territory) (4) Copy of Articles of Incorporation (5) Copy of Certificate of Resolution (6) Copy of valid Business License (7) Copy of Certificate of Good Standing ¢. Sub-contract Information - Outside consultants that will be retained for this project and percentage of work to be sub-contracted. West-Central Meals on Wheels Program-St. Thomas Page 30 of $4 d. Project Experience - Provide a detailed description of your organization including the experience in the following: e Preparation of meals that follow a variety of dietary guidelines (e.g. low sodium, diabetic, low fat) and textures (e. g. puree, soft) e Preparation of a bulk quantity of meals as described within this RFP on a daily basis. e Maintenance of a facility that follows food safety and sanitation as outlined by the HACCP (Hazard Analysis and Critical Control Point) system e. Project References: THREE references are to be attached which includes name; telephone number; email address and facsimile abiabee Also include in the addendum a notarized written consent from the authorized representative(s) (not subject to limit) which must include: name; telephone number; email address and facsimile number Project Management and Technical Approach — (Not to exceed twenty (20) pages. Describe how you will approach this project and availability to perform the services requested. Include timeline and project planning. At the least this should include the following: a. Vendor Identification and Information - state the organization's full company or corporate name and give the address of the organization's headquarters office: remittance address, if different; specify how the entity is organized (for example, proprietorship, partnership, corporation); specify the state in which the bidder is incorporated or otherwise organized to do business; specify the year in which the bidder was first organized to do business and whether or not the form of organization has changed in the interim (such as by subsequent incorporation, merger, or other organizational change) and any name changes; and, b. Employer Identification Number (EIN) — Provide valid and current EIN number West-Central Meals on Wheels Program-St. Thomas ¢c. Financial Statements - The Territory seeks sufficient and clear evidence of the bidder's, and subcontractor's financial capacity and responsibility. The bidder's proposal must demonstrate that the organization is capable of meeting the financial responsibilities incumbent in successfully meeting the requirements established within this RFP. Evidence and documentation of adequate financial stability must be supplied. d. Office Location — Bidders must provide office location (not at DHS) e. Relationships with the Territory - In this section, the bidder must describe any relationships it, or its subcontractors, may have or have had with the Territory over the last 36 months. f. Contract Performance - If the bidder, or any proposed subcontractor, has had a contract terminated for default during the past three years, all such instances must be described as required below. Termination for default is defined as notice to stop performance due to the bidder's nonperformance or poor performance. Bidders must submit full details of all terminations for default experienced by the bidder during the past three years, including the name, address and telephone number of the other party. The response to this subsection must present the bidder's position on the matter. If no such terminations for default have been experienced in the past three years, the bidder must so indicate. g- Bidder’s Qualifications and Experience- In this section, the bidder must provide details on the organization's corporate and staff expertise and experience related to the specific requirements of this RFP. Bidders must provide a summary matrix that lists completed or current projects comparable to this RFP project in size, scope and complexity. Bidders must provide details on the organizations corporate and staff expertise and experience related to the specific requirements of this RFP. Bidders must address the areas listed West-Central Meals on Wheels Program-St. Thomas Page 32 af 54 below in the matrix and must identify projects (project name, organization, address, contact name, contact phone number) on which they gained experience in the following areas: e Management of a meal preparation facility that meets the sanitation requirements of local and Federal rules and regulations. e Capability to prepare the number of meals specified at the designated time. e The ability to create menus with the assistance of a Registered Dietitian that meets the standards of specialized nutrition needs (e.g. low sodium, low fat, diabetic, puree, soft) All other state and local government experience that is relevant to performing the requirements in the scope of work. EVALUATION OF THE PROPOSAL The selection of a vendor will be based on considerations of all aspects of the evaluation process. Where criteria do not lend themselves to a strict numerical evaluation, a subjective rating based on the collective opinion and experience of the Evaluation Team will be used. 1. Preliminary Screening - The Preliminary Screening will consist of the review of individual proposals to ensure that they meet the mandatory proposal submission requirements of this RFP. Proposals not meeting the mandatory requirements of this RFP may be rejected. 2. Formal Evaluation - Those proposals that pass the Preliminary Screening will be subjected to a Formal Evaluation to assess the bidder's abilities to meet the requirements in the RFP in an efficient, cost-effective manner. A team comprised of individuals from the Dept. of Property and Procurement and the Dept. of Human Services will review all proposals received by the closing deadline and deemed to meet minimum mandatory requirements. This Selection Team may request additional technical assistance from any West-Central Meals on Wheels Program-St. Thomas source, provided there is no obvious conflict of interest, during the course of evaluation. The selection of a vendor will be based on considerations of all aspects of the evaluation process. Where criteria do not lend themselves to a strict numerical evaluation, a subjective rating based on the collective opinion and experience of the Evaluation Team will be used. 3. Evaluation Factors and Award Points - Technical Proposals will be evaluated based on the following categories. The available points will be distributed as follows: a. Relevant Experience and Expertise (20 points) - Evaluators will consider prior experience and expertise in the tasks described and the extent to which the vendor meets the minimum criteria defined in the RFP. Organizational Approach and Understanding of Work (30 points) - The State will evaluate the vendor’s written proposal describing how it intends to organize and accomplish the tasks and activities in the Scope of Work. The description shall discuss and justify the proposed approach and the technical issues that will or may be confronted at each stage of the project. The proposed work plan shall describe the phases, tasks, milestones, dates, and deliverables for the project. The State will score vendors highly who demonstrate a clear, complete understanding of each task and activity and who present an effective work plan for accomplishing them. Vendors are encouraged to offer innovative and informative responses showing initiative above and beyond the requirements stated in this document. Vendor Staffing and Level of Effort (20 points) - The vendor must detail the proposed staffing. The State will highly score vendors who present a plan for resources and level of effort that, in the State’s best judgment, would accomplish the tasks effectively and efficiently resulting in an excellent quality outcome. Level of West-Central Meals on Wheels Program-St. Thomas expertise, experience and qualifications of proposed positions, proposed key staff, and proposed subcontractors will be considered significantly. Evaluators will strongly consider recommendations from other clients utilizing the vendor for similar work to be performed under the contract. Negative feedback from other clients will be cause for significant point deductions. d. Cost (30 points) - The appropriateness of the cost proposal will receive 30 points. PROJECT COST A completed cost proposal for the proposed services is required and must be submitted separately from the bidder and proposed solution in a separate sealed envelope. The cost proposal shall include the appropriate tables delineating cost for each task and year on which the bidder is submitting a bid. The Bidder shall further supply hourly rate for consulting services. The bidder’s cost proposal should also provide a preliminary staff plan for this project based on staff level and role. The bidder must also identify the staff who will be assigned. The cost proposal must identify costs for each project deliverable and will be inclusive of any related expenses. TERMS AND CONDITIONS 1. General Terms and Conditions This section describes the Terms and Conditions associated with this procurement. The formal Contract to be entered into with the successful bidder shall contain, at a minimum, the terms and conditions set forth in this section. The Contract shall begin on the first day after it has been fully executed by the Governor of the US Virgin Islands. The Contract shall expire two years later, unless West-Central Meals on Wheels Program-St. Thomas amended by the parties. At the Territory's option, the Contract may be extended for an additional two one-year periods, subsequent to the base contract period. Bidders are advised that all proposals may be open to public inspection. Accordingly, it is the bidder's responsibility to clearly identify at the time of submission any sections of a proposal that the bidder considers to be confidential or proprietary. The absence of any such designation may result in the release of the entire proposal to public inspection without any specific notice to the bidder of such release. The Territory reserves the right to use any and all ideas presented in any proposal in response to this RFP unless the bidder presents a positive statement of objection to this use in its proposal. In no event will such objection be considered valid with respect to the use of such ideas that are not the proprietary information of the bidder and so desi gnated in the proposal, or which: e Were known to the Territory before submission of such proposal; or, e Properly became known to the Territory thereafter through other sources or through acceptance of any proposal. Bidders must identify proprietary information on each page that contains such information. General statements identifying the entire proposal or sections of the proposal as proprietary will not be honored. The Territory reserves the final right to determine what information will be considered proprietary. In order to protect the integrity of the procurement process, no information shall be made available to the public concerning invitations or request for proposals from the time the proposal is made public until a Contract is actually awarded. Accordingly, DP&P has determined that information contained in proposals submitted in response to this RFP shall not be released to the public until a formal Contract is executed with the selected vendor. West-Central Meals on Wheels Program-St. Thomas The Request for Proposal and any amendments, the Vendor's proposal submitted in response to this RFP, and any written correspondence attached to or referenced in this REP and identified by the Territory as significant to the process. In the event of a conflict in language among the documents referenced above, the provisions and requirements set forth and/or referenced in the Contract shall govern, followed in priority order by the Request for Proposal, and then the Vendor's response to the RFP. In the event that an issue is addressed in one document that is not addressed in the other documents, no conflict in language shall be deemed to occur. However, the Territory reserves the right to clarify any contractual relationship in writing with the concurrence of the Vendor, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the Vendor's proposal. No modification or change of any provision in the Contract shall be made, or be construed to have been made, unless the Vendor and the Territory mutually agree to such modification in writing. The contract modification will be incorporated as a written amendment to the Contract. Memoranda of understanding and correspondence shall not be construed as amendments to the Contract. 2. Specific Terms and Conditions a. Territory Held Harmless The Vendor agrees to indemnify, defend and save harmless the Territory, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all bidders, contractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Vendor in the West-Central Meals on Wheels Program-St. Thomas performance of this Contract and against any liability, including costs and expenses for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this Contract or based on any libelous or other unlawful matter contained in such data. 3. Assurances During the performance of this Contract, Vendor agrees as follows: a. Vendor will not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religious creed, sex, national origin, ancestry, age, or physical handicap, unless related to a bona-fide occupation qualification. Vendor will take affirmative action to insure that applicants are employed and employees are treated during employment without regard to their race, color, religious creed, sex, national origin, ancestry, age or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising: layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. Vendor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. Vendor will, in all solicitations or advertising for employees placed by or on behalf of Vendor relating to this Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age or physical handicap. West-Central Meals on Wheels Program-St. Thomas Cc. Vendor will cause the foregoing provisions to be inserted in any subcontracts for any work covered by the Contract so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Vendor, or any subcontractor holding a contract directly under Vendor, shall, to the maximum feasible extent, list all suitable employment openings with the Department of Labor. Vendor and all subcontractors shall comply with the requirements, conditions, and standards of all of the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) Title VI of Civil Rights Act of 1964 (42 USC 0 2000d et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 USC (1794); the Copeland “Anti-Kick Back Act (18 USC 874); as supplemented in Department of Labor Regulations (29CFR, part 3); Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41CFR, Part 60); the Contract Work Hours and Safety Standards Act (40 USC (1327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5): 2000d ef seq.); the United States Environmental Protection Agency (EPA), 40 CFR, Part 15, pursuant to the Clean Air Act, as amended, (Air Act), (42 USC 0 7401 er seq.); the Federal Water Pollution Control Act, as amended (“Water Act”), (33 USC 11251 et seq.); and Executive Order 11738; the United States Department of Health and Human Services Regulations found in 45 CFR, parts 80 and 84; the Americans with Disabilities Act, 28CFR Part 35, Title II, Subtitle A; and, Section 7 CFR Part 3017, Subpart F of the Drug-Free Workplace regulations. West-Central Meals on Wheels Program-St. Thomas 4. Deviations from the Contract The requirements appearing in this RFP shall become a part of the terms and conditions of the resulting Contract. Any deviations from the RFP must have been specifically defined by the Vendor in his proposal and must not have been in conflict with the basic nature of this offer. 5. Beginning of Work The Vendor must not commence any billable work until a valid Contract has been fully executed by the parties and has been approved by the Governor. Subsequent to the receipt of all required approvals, the DHS Procurement Manager will notify the selected Bidder in writing that work may commence. 6. Governing Law The Contract shall be governed in all respects by the laws, statutes, and regulations of the Territory of the US Virgin Islands and by any federal law or regulation applicable to the Territory. Any legal proceedings against the Territory regarding this RFP or any resultant Contract shall be brought in the administrative or judicial forums of the Territory. 7. Attorney's Fees In the event that either party deems it necessary to take legal action to enforce any provision of the Contract, and in the event the Territory prevails, the Vendor agrees to pay all expenses of such action, including attorney's fees and costs at all stages of litigation as set by the court or hearing officer. Legal action shall include administrative proceedings. 8. Advertising Award The Vendor shall agree not to refer to awards in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Territory. West-Central Meals on Wheels Program-St. Thomas News releases pertaining to this project will not be made without prior approval of the Government of the Virgin Islands pursuant to the terms and conditions of this contract. 9. Notices After contract award, all notices under the Contract shall be deemed duly given: 1) upon delivery, if delivered by hand against receipt, or 2) three days after posting if sent by registered or certified mail, return receipt requested, or upon notification of delivery if sent by a delivery service. All notices are to be delivered to the Commissioner of the Department of Property and Procurement and to the Commissioner of the Department of Human Services at the addresses below and/or to such other addresses or parties as is designated. Commissioner Department of Property and Procurement Building #1, Sub Base, 3" Floor St. Thomas, Virgin Islands 00802 Commissioner Department of Human Services Knud Hansen Complex, Building A 1303 Hospital Ground St. Thomas, Virgin Islands 00802 Either party may change its address for notification purposes by giving written notice of the change and setting forth the new address and an effective date. West-Central Meals on Wheels Program-St, Thomas 10. 11. 12. Titles Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer contractual construction of language. Limitation The Contract offered will be subject to available budgetary appropriations and shall not create any obligation on behalf of the Department in excess of such appropriations. In the event that the amount of funds appropriated is such that the Department must restrict or terminate funding for this Contract, the Contract shall be terminated sixty (60) calendar days after written notification from the Department to the Vendor. Without limiting the foregoing, the Department shall endeavor to provide as much advance notice as possible of the budgetary action. Termination of Contract The Contract that may result from the issuance of this RFP may be terminated in whole or in part by the Territory by giving written notice to the Vendor at least sixty (60) calendar days before the effective date of such termination, including the case of termination for non-appropriation of funds. In the event of termination, the Vendor shall be entitled to receive just and equitable compensation for any satisfactory authorized work completed as of the termination date. In no event, however, shall the Vendor be paid for incidental or consequential damages, including loss of anticipated profit. Upon delivery to the Vendor of a Notice of Termination specifying the nature of the termination, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective, the Vendor shall: a. stop work under the Contract on the date and to the extent specified in the Notice of Termination: West-Central Meals on Wheels Program-St. Thomas Page 42 af 54 take such action as may be necessary, or as the Administrator, Division of Health Insurance, may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Vendor and in which the Territory has or may acquire an interest; terminate all orders to the extent that they relate to the performance of work terminated by the Notice of Termination; assign to the Territory in the manner and to the extent directed by the Administrator, Division of Health Insurance, all of the rights, title, and interest of the Vendor under the orders so terminated, in which case the Territory shall have the right, at its discretion, to settle or pay any or all claims arising out of the terminations of such orders; with the approval or ratification of the Administrator, Division of Health Insurance, settle all outstanding liabilities and all claims, arising out of such termination of orders, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of the Contract; transfer title to the Territory (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Administrator, Division of Health Insurance, all files, processing systems, data manuals, or other documentation, in any form, that relate to all the work completed or in progress prior to the Notice of Termination; and, complete the performance of such part of the work as shall not have been terminated by the Notice of Termination. The Vendor shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of any item of reimbursable price under this clause. After receipt of a Notice of Termination the Vendor shall submit to the Administrator, Division of Health Insurance any termination claim in the form and with the certification prescribed by the Administrator, Division of Health Insurance. Such claim shall be submitted promptly but in no event later than three months from the effective date of West-Central Meals on Wheels Program-St. Thomas termination, unless the Administrator, Division of Health Insurance, grants one or more extensions in writing. However, if the Administrator, Division of Health Insurance, determine that the facts justify such action, she may receive and act upon any such termination claim at any time after such three-month period or extension thereof. Subject to the provisions of the previous paragraph, the Vendor and the Territory may agree upon the amounts to be paid to the Vendor by reason of the total or partial termination of work. In the event of the failure of the Vendor and the Territory to agree, pursuant to this section, in whole or in part as to the amounts with respect to costs to be paid to the Vendor in connection with the total or partial termination of work, the Tenitory shall determine on the basis of information available the amount, if any, due to the Vendor by reason of termination and shall pay to the Vendor the amounts so determined. The amount so paid to the Vendor shall be final and is not open to dispute or further action. 13. Default by Vendor If the Vendor fails to fulfill in a timely manner any material obligation under this Contract, the Territory shall have the right to terminate this Contract upon thirty (30) calendar days written notification from the Department to the Vendor and shall also have the right to withhold payments in excess of fair compensation for work completed. The Territory will, by written notice of default to the Vendor, provide that the vendor may cure a material breach of this Contract within a period of thirty (30) calendar days after receipt of notice to the Vendor specifying such breach or within or such longer period as the Administrator, Division of Health Insurance, may authorize in writing. The Administrator, Division of Health Insurance, shall determine whether the Vendor's efforts to cure a material breach have been successful. The 14. 15. West-Central Meals on Wheels Program-St. Thomas Page 44 af 54 Administrator, Financial Program, and the decision shall be final and is not open to dispute or further action. The Territory's exercise of this provision allowing the Vendor time to cure a material breach of the Contract in a particular situation does not in any way waive the Territory's right to terminate the Contract for the same or different contract breach that may occur at a different time. Notwithstanding the above, the Vendor shall not be relieved of liability to the Territory for damages sustained by virtue of any breach of this Contract by the Vendor. In addition to any other liabilities provided for in this RFP, such Vendor liability may include, but is not limited to, all incidental and consequential damages arising or resulting from the termination of the Contract. Territory Options at Termination In the event the Territory terminates this Contract, the T erritory will retain all or a portion thereof such hardware, equipment, software, and documentation as has been provided, obtaining clear title to the same, and procure upon such terms and in such manner as the Administrator, Division of Health Insurance, may deem appropriate, hardware, equipment, software, documentation, or Services as are necessary to complete the project. Force Majeure The Vendor shall not be liable for any damages if the failure to perform the Contract arises out of causes without the fault or negligence of the Vendor. Such causes may include, but are not restricted to, acts of God, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be without the fault or negligence of either the Vendor or its Subcontractor(s). When such a cause arises, the Vendor shall notify the Territory immediately in writing of its failure to perform, describing the cause of failure and how it affects performance, and the anticipated duration of the inability to perform. The Territory shall review the information provided and may, at its option, terminate the Contract in accordance with the Termination of Contract provisions. 16. Vy. West-Central Meals on Wheels Program-St. Thomas Failure to Perform In the event Vendor has failed to perform any substantial obligation under this agreement, the Territory may withhold all monies due and payable to Vendor, without penalty, until such failure is cured or otherwise adjudicated, provided such failure to perform is resultant to the Vendors sole or substantial negligence. Vendor Personnel No re-deployment of any personnel assigned to the project may be made without prior written consent of the Territory. The Vendor agrees to supply the personnel proposed, for the duration proposed, or to compensate, as a liquidated damage, the Territory in the amount of $1,500 per day for each individual key person not supplied or removed, other than for just cause, if such person is removed without the expressed written permission of the Administrator, Division of Health Insurance. Just cause is defined as death, serious illness, resignation, termination or military recall. Replacement of such personnel, if approved, shall be with personnel of equal or greater ability, application experience and qualifications. The Territory shall retain the right to reject any of the Vendor and/or subcontractor's employees whose qualifications, in the Territory's judgment, do not meet the standards established by the Territory as necessary for the performance of the services. The Vendor must assume responsibility and all costs related to training of new staff assigned to the project if the Territory determines that the personnel does not possess equal or greater ability, application experience or qualifications than the person they are replacing. In considering the Vendor's employee's qualifications, the Territory will act reasonably and in good faith. During the course of the Contract, the Territory reserves the right to require the Vendor to reassign or otherwise remove from the project any Vendor or Subcontractor employees found unacceptable by the Territory. 18. 19, West-Central Meals on Wheels Program-St. Thomas Dispute Resolution The Commissioner of Property and Procurement shall decide any disputes concerning performance of the Contract. This decision shall be final and conclusive, unless within thirty (30) calendar days from the date of service the vendor files a petition for administrative hearings addressed to the Commissioner, Department of Human Services. In the event any party makes an unsuccessful protest of the terms of the Request for Proposal or the proposed award of the Contract generated thereunder, the unsuccessful protestor(s) shall pay all court costs and attorney fees relating to the protest including those incurred by the Territory and the proposed awardee. Confidentiality of Information The Territory may be in possession of confidential information and material that require protection under applicable laws and regulations, as well as policies and procedures of the Territory and the United States Government. Confidential information and material obtained within or from the Territory may not be discussed, communicated, copied, extracted, or used in any manner by the Vendor. All materials and information provided to the Vendor by the Territory or acquired by the Vendor on behalf of the Territory whether verbal, diskette, written, e-mail, magnetic tape, cards or any other media shall be regarded as confidential information in accordance with the provisions of federal and Territory law and ethical standards, and all necessary steps shall be taken by the Vendor to safeguard the confidentiality of such material or information in conformance with federal and Territory law and ethical standards. 20. West-Central Meals on Wheels Program-St. Thomas Prime Contractor and Sub-contractor Responsibility The prime contractor is solely responsible for the fulfillment of the Contract with the Territory. The prime contractor will assume responsibility for all services offered and products to be delivered whether or not the Vendor is the manufacturer or producer of said services. The Territory will consider the Vendor to be the sole point of contact with regard to all contractual matters. The Vendor will be responsible for the entire contract performance. The prime contractor shall not assign or subcontract the performance of this Contract or any portion thereof to any other contractor without written approval of the Administrator, Division of Health Insurance. For all subcontractors, a Certificate of Good Standing from the Office of the Lieutenant Governor, Corporations and Trademarks Division, must be included in all subcontract agreements. This provision will not be taken as requiring the approval of contracts of employment between the Vendor and personnel assigned for services thereunder. All references in the RFP to the Vendor should be construed to encompass both the Prime Contractor and the Subcontractor(s). All Subcontract Agreements must contain the following requirements: e all subcontracts shall be in writing and shall contain provisions which are consistent with the provisions of this Contract, except as permitted in writing by the Administrator, Division of Health Insurance; and, e all subcontracting agreements must be signed and delivered to the Administrator, Division of Health Insurance, within five working days following the contract award date. The prime contractor shall give the Territory immediate notice in writing of any legal action or suit filed, and prompt notice of any claim made against the prime contractor by any party including but not limited to any subcontractor or Vendor which may result in litigation related in any way to this 21. 22. 23. West-Central Meals on Wheels Program-St, Thomas Contract or which may affect the performance of duties under this Contract. The requirement of prior approval of any subcontract under this Contract shall not. make the Territory a party to any subcontract or create any right, claim or interest in the subcontractor or proposed subcontractor against the Territory. The prime contractor agrees to defend (subject to the approval of the Attorney General) and indemnify and hold harmless the Territory against any claim, loss, damage, or liability against the Territory based upon the prior approval requirements of this section. No subcontract or delegation shall relieve or discharge the prime contractor from any obligations or liability under the Contract. Ownership of Intellectual property The Territory retains all ownership rights to all intellectual property in this project to include but not limited to application software, documentation, and plans associated with this project. Unless otherwise agreed to by the Territory in writing, application software and other management materials which are specifically designed for project management as well as any modification, enhancements or alternatives of existing software, shall be the sole and exclusive property of the Territory, free of any claim or retention of rights thereto by the Vendor. The Vendor acknowled ges that such software and materials are proprietary to the Territory and shall not use or describe same without the written permission of the Territory. Amendments This Contract may be modified only by written amendment executed by all parties hereto, and approved by the appropriate Territory officials. Insurance On or before beginning performance under this Contract, the Vendor shall obtain from an insurance company duly authorized to do business in the US Virgin Islands. West-Central Meals on Wheels Program-St. Thomas 1. Disability, workman's compensation, and unemployment compensation in accordance with the statutory requirements of the Territory; 2. Comprehensive general liability insurance against bodily injury or death of any person in amounts of not less than $250,000 per claim 3. Insurance against liability for property damages including content coverage for all records maintained pursuant to this Contract, in the amounts of not less than $250,000 per claim Insurance against non-performance/default in an amount no less than 150% of the not-to- exceed cost of the base contract. 4. The Vendor shall furnish to the Territory a certificate(s) evidencing that required insurance is in effect, for the policy amounts, and applicable policy numbers and expiration dates, within ten days of Contract signing. In the event of cancellation of any insurance coverage, the Vendor shall immediately notify the Territory of such cancellation. 5. The Vendor will be required to obtain suitable replacement coverage within ten (10) working days of the cancellation. The Territory, at its option, may impose a stop work order on the Vendor until such replacement coverage is secured and approved by the Territory. Ifa stop work order is imposed, the Territory shall not be liable for any costs or lost profits incurred by the Vendor. 24. License Requirement A Contract will not be executed with any firm to perform work with the Government of the Virgin Islands until evidence is submitted that said firm has a valid Virgin Islands Business License to do business in the Virgin Islands. The selected Vendor must submit hard copy of a valid VI business license within ten (10) working days after award. A Virgin Islands Business License can be obtained by contacting the Virgin Islands Department of Licensing and Consumer Affairs at 340-774-3130 or on-line at lo. 25. 26. West-Central Meals on Wheels Program-St. Thomas Payment Invoices for payment shall be submitted to: Administrator, Division Health Insurance DEPARTMENT OF HUMAN SERVICES Knud Hansen Complex, Building A 1303 Hospital Ground St. Thomas, USVI 00802 Invoices shall be submitted in a format approved by the Administrator, Division of Health Insurance, and contain sufficient detail to allow proper verification of charges. The Department reserves the right to request submission of signed copies of employee timesheets from the Vendor for all staff assigned to the project. In the case of subcontractors, the Department reserves the right to request copies of the original invoices submitted by the subcontractor to the vendor. No invoices will be processed for payment until approved by the Administrator, Division of Health Insurance. The Vendor shall maintain documentation for all charges against the Territory under this Contract. The books, records and documents of the Vendor, insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of five (5) full years from the date of the final payment, and shall be subject to audit at any reasonable time and upon reasonable notice, by the Territory, or any appropriate federal agency, or their duly appointed representatives. The records shall be maintained in accordance with Generally Accepted Accounting Principles (GAAP). Inspection and Approval Final inspection and approval of all work required under the Contract shall be performed by the Administrator, Division of Health Insurance and other officials that the Territory may so designate. ig Bh 28. West-Central Meals on Wheels Program-St. Thomas The Department of Human Services or an authorized representative shall, at all reasonable times, have the right to enter the Vendor's premises or such other places where duties under the Contract are being performed, to inspect, monitor or otherwise evaluate the work being performed. The prime contractor and all subcontractors must provide access to all reasonable facilities and assistance for Department Human Services representatives. All inspections and evaluations shall be performed in such a manner that will not unreasonably delay work. Conflict of Interest A bidder filing a proposal hereby certifies that no officer, agent or employee of the Territory has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of the Territory; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other bidder for the same request for proposals; the bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. Audits and Inspections During and after this project, the Center for Medicaid and Medicare Services (CMS), U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA), auditors, inspector general and other local or federal authorized representatives shall be allowed access to inspect all Vendor materials, documents, work papers, deliverables, or any such other items which pertain to this project. The Vendor shall cooperate with any federal reviews and shall supply copies of any requested materials. This requirement also applies to any subcontractors who may be engaged in the project. Any subcontract permitted by the Territory must contain a provision that sets forth the subcontractor's agreement with the terms set forth in this paragraph. In addition to, and not in any way in limitation of the obligation of the Contract, it is understood and agreed by the Vendor that the Vendor shall be held liable for any Territory or federal audit exceptions arising from the fault or negligence of the Vendor, provided that the 29. 30. ot. West-Central Meals on Wheels Program-St. Thomas Vendor is given the opportunity to cure the cause of the exceptions. If such exceptions are not cured pursuant to the terms of the Contract, the Vendor shall return to the T erritory all payments made under the Contract to which exception has been taken or which has been disallowed because of such an exception. Policy Determinations The Territory shall determine all program policy. In the event that the Vendor may request in writing that the Territory issue policy determinations or operating guidelines required for proper performance of the Contract, the Territory shall do so in writing in a timely manner, and the Vendor shall be entitled to rely upon and act in accordance with such policy determinations and operating guidelines, and shall incur no liability in doing so unless the Vendor acts negligently, maliciously, fraudulently, or in bad faith. Records Retention Requirements The Vendor shall agree to the conditions of 7 CFR 3016.42 regarding retention and access requirements relating to all financial and programmatic records, supporting documents, statistical records, and other records of this Contract. Unless the Territory specifies in writing a shorter period of time, the Vendor agrees to preserve and make available all other pertinent books, documents, papers, and records of the Vendor involving transactions related to the Contract for a period of five (5) years from the date of expiration or termination of the Contract. Records involving matters in litigation shall be kept for one (1) year following the termination of litigation, including all appeals if the litigation has not terminated within five (5) years. Lobbying Certification and Kickbacks Section 1352 of Title 31 of the U.S. Code requires that funds appropriated to a Federal agency be subject to a requirement that any Federal Vendor or grantee (such as the Territory) must be required to certify that no Federal funds will be used to lobby or influence a federal officer or 32. West-Central Meals on Wheels Program-St. Thomas member of Congress. The certification the Territory has been required to sign provides that the language of this certification (shall) be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall verify and disclose accordingly. The certification also requires the completion of Federal lobbying reports and the imposition of a civil penalty of $10,000 to $100,000 for failing to make a required report. As a sub-recipient, the Vendor understands and agrees to the Federal requirements for certification and disclosure. It is a breach of ethical standards for a payment, gratuity, or offer of employment to be made by or on behalf of a contractor or subcontractor. The Territory may terminate any Contract if it is determined that gratuities of any kind were offered/received by any officials, employees or agents of the Vendor. Debarment Certification As required by Federal Executive Order 12549, the Vendor certifies that it is eligible to receive Contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into Contracts with any federal agency. The Vendor shall include this provision in each of its sub-Contracts hereunder and shall furnish its sub-Contractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON- PROCUREMENT.” In the event the Contractor or sub-Contractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or sub-Contractor agrees that it shall not be entitled to payment for any work performed under this Contract or sub-Contract and that the Contractor or sub-Contractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. If, during the term of this Contract, the Contractor shall become ineligible to receive Contract awards using federal funds, this Contract shall be terminated West-Central Meals on Wheels Program-St. Thomas forthwith for cause and the Contractor shall not be entitled to payment for any work performed under this Contract or sub-Contract after the effective date of such ineligibility.