Professional Documents
Culture Documents
Date 12/07/11 11/30/11 (Main Facility) 11/29/11 (Ancora) 11/30/11 (Minimum Unit Farm) 11/30/11 (Main Facility) 01/24/12
Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Division of Purchase and Property website.
Status
Not Applicable
Category I II III
RFP Issued By State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 08625-0230 Date: 10/25/11
Table of Contents
1.0 INFORMATION FOR BIDDERS..................................................................................................................................................... 6 1.1 PURPOSE AND INTENT .......................................................................................................................................................... 6 1.2 BACKGROUND......................................................................................................................................................................... 7 1.3 KEY EVENTS ............................................................................................................................................................................ 7 1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ....................................................................................................... 7 1.3.2 SUBMISSION OF PROPOSAL ......................................................................................................................................... 8 1.3.3 ELECTRONIC BIDDING (EBID) ....................................................................................................................................... 9 1.3.4 MANDATORY SITE VISIT ................................................................................................................................................ 9 1.3.5 MANDATORY PRE-PROPOSAL CONFERENCE......................................................................................................... 10 1.4 ADDITIONAL INFORMATION................................................................................................................................................. 10 1.4.1 ADDENDA: REVISIONS TO THIS RFP.......................................................................................................................... 10 1.4.2 BIDDER RESPONSIBILITY ............................................................................................................................................ 10 1.4.3 COST LIABILITY ............................................................................................................................................................. 11 1.4.4 CONTENTS OF PROPOSAL.......................................................................................................................................... 11 1.4.5 PROPOSAL OPENING ................................................................................................................................................... 11 1.4.6 PRICE ALTERATION IN HARD COPY PROPOSALS.................................................................................................... 11 1.4.7 BID/PROPOSAL ERRORS ............................................................................................................................................. 11 1.4.8 JOINT VENTURE............................................................................................................................................................ 12 1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE ................................................................................ 12 1.4.10 PROPOSAL ACCEPTANCES AND REJECTIONS ..................................................................................................... 13 2.0 DEFINITIONS ............................................................................................................................................................................... 14 2.1 GENERAL DEFINITIONS........................................................................................................................................................ 14 2.2 CONTRACT-SPECIFIC DEFINITIONS ................................................................................................................................... 16 3.0 SCOPE OF WORK....................................................................................................................................................................... 19 3.1 GENERAL REQUIREMENTS ................................................................................................................................................. 19 3.1.1 MEAL COUNTS .............................................................................................................................................................. 19 3.1.2 DESCRIPTION OF BAYSIDE STATE PRISON FACILITY ............................................................................................ 20 3.2 MENU AND NUTRITIONAL REQUIREMENTS....................................................................................................................... 20 3.2.1 NUTRITIONAL QUALITY ................................................................................................................................................ 20 3.2.2 STANDARDS AND CERTIFICATION ............................................................................................................................. 20 3.2.3 MENU VARIETY/LEFTOVERS ....................................................................................................................................... 21 3.2.4 SUPPLEMENTAL FOOD ITEMS .................................................................................................................................... 21 3.2.5 STAFF MEALS................................................................................................................................................................ 21 3.2.6 AUTHORIZED BREAKS ................................................................................................................................................. 21 3.2.7 THERAPEUTIC AND MODIFIED DIETS ........................................................................................................................ 22 3.2.8 MENU CYCLE................................................................................................................................................................. 22 3.2.9 BREAKFAST ................................................................................................................................................................... 22 3.2.10 LUNCH AND DINNER................................................................................................................................................... 23 3.2.11 HOLIDAY AND SPECIAL MEALS................................................................................................................................. 23 3.2.12 BAG LUNCHES............................................................................................................................................................. 23 3.2.13 MEALS TO CONTRACTORS EMPLOYEES ............................................................................................................... 23 3.2.14 SPECIAL FUNCTIONS ................................................................................................................................................. 24 3.3 GENERAL PURCHASING SPECIFICATIONS ....................................................................................................................... 24 3.4 OPERATIONS ......................................................................................................................................................................... 25 3.4.1 GENERAL ....................................................................................................................................................................... 25 3.4.2 RECEIVING..................................................................................................................................................................... 26 3.4.3 STORAGE....................................................................................................................................................................... 26 3.4.4 FOOD STORAGE ........................................................................................................................................................... 27 3.4.5 STANDARDIZED RECIPES............................................................................................................................................ 28 3.4.6 FOOD PRODUCTION WORKSHEET AND SCHEDULES ............................................................................................. 28 3.4.7 HANDLING/HOLDING .................................................................................................................................................... 28 3.4.8 FOOD PRESENTATION ................................................................................................................................................. 28 3.4.9 TRANSPORTATION ....................................................................................................................................................... 29 2
3.4.10 SAFETY AND SECURITY............................................................................................................................................. 29 3.5 OTHER REQUIREMENTS ...................................................................................................................................................... 30 3.5.1 EXISTING INVENTORY.................................................................................................................................................. 30 3.5.2 REPLACEMENT OF SMALL WARES ............................................................................................................................ 30 3.5.3 SUPPLIES, EQUIPMENT REPAIR AND REPLACEMENT ............................................................................................ 31 3.5.4 CAPITAL IMPROVEMENTS ........................................................................................................................................... 31 3.5.5 MEDIA CONTACTS - PROTOCOL................................................................................................................................. 32 3.5.6 POLICY AND PROCEDURE MANUALS ........................................................................................................................ 32 3.6 SANITATION ........................................................................................................................................................................... 32 3.6.1 MANUAL CLEANING AND SANITIZING ........................................................................................................................ 33 3.6.2 SANITIZING AND HOT WATER ..................................................................................................................................... 34 3.6.3 CHEMICAL SANITIZATION STRENGTH ....................................................................................................................... 34 3.6.4 MECHANICAL CLEANING AND SANITIZING................................................................................................................ 34 3.6.5. DRYING ......................................................................................................................................................................... 35 3.6.6 FOOD PROTECTION ..................................................................................................................................................... 35 3.6.7 FOOD PREPARATION ................................................................................................................................................... 36 3.6.8 EQUIPMENT AND UTENSIL SPECIFICATIONS ........................................................................................................... 37 3.6.9 GARBAGE AND REFUSE .............................................................................................................................................. 39 3.6.10 MATERIALS .................................................................................................................................................................. 40 3.6.11 MISCELLANEOUS........................................................................................................................................................ 41 3.6.12 INSPECTIONS .............................................................................................................................................................. 41 3.7 EMERGENCY SITUATIONS................................................................................................................................................... 42 3.7.1 CONTRACTOR RESPONSIBILITIES ............................................................................................................................. 42 3.7.2 EMPLOYEE RESPONSIBILITIES.................................................................................................................................. 43 3.7.3 FOOD CONTAMINATION.............................................................................................................................................. 43 3.7.4 PROCEDURE WHEN INFECTION IS SUSPECTED..................................................................................................... 43 3.8 QUALITY ASSURANCE PROGRAMS.................................................................................................................................... 44 3.8.1 FOOD CONTAMINATION............................................................................................................................................... 45 3.9 PERSONNEL ......................................................................................................................................................................... 45 3.9.1 GENERAL ...................................................................................................................................................................... 45 3.9.2 COMPLIANCE WITH LAWS AND DIRECTIVES ........................................................................................................... 45 3.9.3 PERSONNEL FILES ...................................................................................................................................................... 45 3.9.4 PERSONNEL HIRING/FIRING/STAFFING AND SCHEDULES .................................................................................... 45 3.9.5 BACKGROUND CHECKS............................................................................................................................................... 46 3.9.6 BADGES FOR VENDORS EMPLOYEES/ACCESS TO NJDOC BUILDINGS .............................................................. 46 3.9.7 STAFFING REQUIREMENTS........................................................................................................................................ 46 3.9.8 JOB DESCRIPTIONS .................................................................................................................................................... 47 3.9.9 SELECTION OF UNIT MANAGERS AND GENERAL MANAGER ................................................................................ 47 3.9.10 INMATE LABOR........................................................................................................................................................... 47 3.9.11 HEALTH/FOOD HANDLING REQUIREMENTS .......................................................................................................... 48 3.9.12 EMPLOYEE HEALTH .................................................................................................................................................. 49 3.9.13 PERSONAL CLEANLINESS ........................................................................................................................................ 49 3.9.14 ORIENTATION (40 HOURS) ........................................................................................................................................ 51 3.9.15 CONTINUING EDUCATION ......................................................................................................................................... 51 3.9.16 MANAGEMENT VISIBILITY DURING OPERATIONS .................................................................................................. 51 3.9.17 AVAILABILITY OF DIETITIAN ...................................................................................................................................... 52 3.10 CONTRACTUAL NON-COMPLIANCE.................................................................................................................................. 52 3.11 ADMINISTRATIVE RESPONSIBILITY.................................................................................................................................. 52 3.11.1 INMATE PAYROLL REPORTING REQUIREMENTS.................................................................................................. 52 3.12 DEPARTMENT AUDITS....................................................................................................................................................... 52 3.13 INSPECTIONS AND AUDITS .............................................................................................................................................. 52 3.14 CONTRACTOR PERFORMANCE HEALTH DEPARTMENT ........................................................................................... 53 3.15 INSTITUTIONAL RESPONSIBILITIES................................................................................................................................. 53 3.16 INMATE/OTHER GRIEVANCES/COMPLAINTS ................................................................................................................. 53 3.17 ADMINISTRATIVE MEETINGS AND REPORTS................................................................................................................. 53 3.18 STATISTICAL DATA ............................................................................................................................................................ 54 3.19 ACCOUNTING AND PAYMENT OF INVOICES .................................................................................................................. 54 3.20 FUTURE LEGISLATIVE MANDATES OR COURT ORDERS.............................................................................................. 54 4.0 PROPOSAL PREPARATION AND SUBMISSION ...................................................................................................................... 55 3
4.1 GENERAL ............................................................................................................................................................................... 55 4.2 PROPOSAL DELIVERY AND IDENTIFICATION.................................................................................................................... 55 4.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION.............................................................................................................. 55 4.3.1 EBID SUBMISSION OF PROPOSAL.............................................................................................................................. 55 4.3.2 NON-EBID SUBMISSION ............................................................................................................................................... 55 4.4 PROPOSAL CONTENT .......................................................................................................................................................... 55 4.4.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH PROPOSAL ................................................. 56 4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE PROPOSAL ................................................................................................................................................................................................. 58 4.4.3 TECHNICAL PROPOSAL ............................................................................................................................................... 59 4.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE ..................................................................................................... 61 4.4.5 PRICE SCHEDULE/SHEET............................................................................................................................................ 64 5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS............................................................................................................ 65 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS........................................................................ 65 5.2 CONTRACT TERM AND EXTENSION OPTION .................................................................................................................... 65 5.3 CONTRACT TRANSITION...................................................................................................................................................... 65 5.4 CONTRACT AMENDMENT .................................................................................................................................................... 65 5.5 CONTRACTOR RESPONSIBILITIES ..................................................................................................................................... 65 5.6 SUBSTITUTION OF STAFF.................................................................................................................................................... 66 5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) ................................................................................................. 66 5.8 NEWS RELEASES.................................................................................................................................................................. 66 5.9 ADVERTISING ........................................................................................................................................................................ 66 5.10 LICENSES AND PERMITS ................................................................................................................................................... 67 5.11 CLAIMS AND REMEDIES..................................................................................................................................................... 67 5.11.1 CLAIMS ......................................................................................................................................................................... 67 5.11.2 REMEDIES.................................................................................................................................................................... 67 5.11.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS..................................... 67 5.12 LATE DELIVERY................................................................................................................................................................... 67 5.13 RETAINAGE.......................................................................................................................................................................... 67 5.14 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS ........................................................................................................ 67 6.0 PROPOSAL EVALUATION ......................................................................................................................................................... 69 6.1 RIGHT TO WAIVE................................................................................................................................................................... 69 6.2 DIRECTORS RIGHT OF FINAL PROPOSAL ACCEPTANCE............................................................................................... 69 6.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES ........................................................................................................ 69 6.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION ................................................................................................. 69 6.5 PROPOSAL EVALUATION COMMITTEE .............................................................................................................................. 69 6.6 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL.................................................................................... 70 6.7 EVALUATION CRITERIA ........................................................................................................................................................ 70 6.7.1 TECHNICAL EVALUATION CRITERIA .......................................................................................................................... 70 6.7.2 BIDDERS PRICE SCHEDULE ....................................................................................................................................... 71 6.7.3 PROPOSAL DISCREPANCIES ...................................................................................................................................... 71 6.7.4 EVALUATION OF THE PROPOSALS ............................................................................................................................ 71 6.8 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)....................................................................................................... 71 6.9 COMPLAINTS ........................................................................................................................................................................ 72 7.0 CONTRACT AWARD ................................................................................................................................................................... 73 7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD .................................................................................................. 73 7.1.1 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER 134) AND EXECUTIVE ORDER NO. 117 (2008)........................................................... 73 7.1.2 SOURCE DISCLOSURE REQUIREMENTS................................................................................................................... 73 7.1.3 AFFIRMATIVE ACTION ................................................................................................................................................. 74 7.1.4 BUSINESS REGISTRATION ......................................................................................................................................... 74 7.2 FINAL CONTRACT AWARD ................................................................................................................................................... 74 7.3 INSURANCE CERTIFICATES ................................................................................................................................................ 74 7.4 PERFORMANCE SECURITY ................................................................................................................................................. 74 8.0 CONTRACT ADMINISTRATION.................................................................................................................................................. 75 8.1 CONTRACT MANAGER ......................................................................................................................................................... 75 4
8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES................................................................................................... 75 8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER ..................................................................................... 75
1.0 INFORMATION FOR BIDDERS 1.1 PURPOSE AND INTENT This Request for Proposal (RFP) is issued by the Purchase Bureau, Division of Purchase and Property, Department of the Treasury on behalf of the New Jersey Department of Corrections (NJDOC). The purpose of this RFP is to solicit proposals for The purpose of this RFP is to solicit
bid proposals for the purpose of hiring a qualified contractor to provide quality food service operations and management in order to conduct a pilot program at Bayside State Prison, Leesburg, NJ, under the jurisdiction of the New Jersey Department of Corrections (NJDOC). The pilot program will include the main prison facility and satellite locations of Bayside State Prison at the following locations: Facility Bayside State Prison Main Facility Bayside State Prison Minimum Unit/Farm Bayside State Prison Ancora Unit Location Route 47, Leesburg Route 47, Leesburg Spring Garden Road, Hammonton County Cumberland Cumberland Atlantic
The intent of this RFP is to award a contract to that responsible bidder whose proposal, conforming to this RFP is most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the States best interest. The State of NJ Standard Terms and Conditions will apply to all contracts or purchase agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. The pilot program will consist of a two (2) year contract with two (2), one year optional extension periods. Both the quantitative financial and qualitative operational results collected during the pilot program of two (2) years with two (2), one-year optional extension periods, will be benchmarked against food service data collected prior to privatization. These analyses will be utilized to determine whether or not privatization efforts are more cost-effective and whether or not the State has received an equal or better product. The NJDOC shall maintain overall control of food services and shall include strict monitoring provisions to ensure all standards are met. The Contractor must provide all specified goods and services including managerial, supervisory, dietary and food-service related labor. Food service management and operation, as detailed in this document, will include but not be limited to all labor, supervision of inmate labor, acquisition of supplies, maintenance of equipment, acquisition of small wares, acquisition and storage of food and food related products, preparation, delivery and service of food, cleaning services and recycling mandate compliance. Documents indicated as available for review are available as appendices to this RFP; however, Chapter 24 (N.J.A.C. 8:24 may be viewed and downloaded from the following location http://www.nj.gov/health/eoh/documents/chapter24_effective_1207.pdf). It is the responsibility of the bidder to review this information in formulating a bid proposal.
1.2 BACKGROUND
The New Jersey Department of Corrections (NJDOC) was created in 1976 as a result of legislation, which re-organized the former Department of Institutions and Agencies into two separate agencies, the Department of Human Services and NJDOC. The NJDOC is responsible for the care, custody, and confinement of adult offenders sentenced to terms of one year or more under its jurisdiction. These responsibilities are reflected in the following mission statement. "The mission of the New Jersey Department of Corrections is to protect the public by operating safe, secure, and humane correctional facilities. The mission is realized through effective supervision, proper classification, appropriate treatment of offenders, and by providing services that promote successful reentry into society. Core Mission Areas are: 1. Protecting the Public 2. Enhancing Safety within Institutions 3. Managing NJs Initiatives 4. Expanding Treatment, Rehabilitation and Re-entry Services 5. Making Academic & Educational Gains Presently, the Department is responsible for offenders assigned to thirteen (13) adult institutions and their satellite units throughout the state. As of September 2010, there were 24,497 incarcerated offenders, which include all youth and adults housed in state facilities. Expenditures for the Bayside facilities for FY10 are as follows: Bakery, Meat & Produce Beverages (drink mixes, juice, coffee, tea bags) Dairy Products (milk, cheese, ice cream, yogurt & oleo margarine) Paper Products (paper towels, napkins, coffee filters) Total: $2,295,368.00 $153,791.00 $400,451.00 $15,000.00 $2,864,610.00
It has been the philosophy of the NJDOC to standardize operations as much as possible, and prepare nutritionally balanced and appetizing meals while maintaining costs. In addition, it is the responsibility of the NJDOC to provide therapeutic meals to inmates on a medical regimen. Finally, it has been mandated that inmates be provided meals consistent with their religious beliefs. The NJDOC meets this mandate through the provision of Kosher Vegetarian and NonKosher religious vegetarian meals.
The cut-off date for electronic questions and inquiries relating to this RFP is indicated on the cover sheet. Addenda to this RFP, if any, will be posted on the Divisions website after the cutoff date. (See RFP Section 1.4.1 for further information.)
Note: Bidders using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Purchase Bureau. Procedural inquiries concerning this RFP may be directed to RFP.procedures@treas.state.nj.us. This e-mail address also may be used to submit requests to review proposal documents. The State will not respond to substantive questions related to the RFP or any other contract via this e-mail address. To submit an RFP or contract related question, go to the Current Bidding Opportunities webpage or to http://eBid.nj.gov/QA.aspx.
A proposal will be automatically rejected from any bidder that was not represented or failed to properly register at the Mandatory Site Visits.
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An attendee may represent no more than one potential bidding entity. NO QUESTIONS OR INQUIRIES WILL BE ACCEPTED OR ANSWERED DURING THE MANDATORY/OPTIONAL SITE VISIT. ALL QUESTIONS ARE TO BE HELD AND SUBMITTED IN ACCORDANCE WITH RFP SECTION 1.3.1.
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bidder may submit a revised proposal as long as the proposal is received prior to the announced date and time for proposal opening and at the place specified. If, after proposal opening but before contract award, a bidder discovers an error in its proposal, the bidder may make a written request to the Supervisor of the Bid Review Unit for authorization to withdraw its proposal from consideration for award. Evidence of the bidders good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the bidders exercise of reasonable care; and that the State will not be significantly prejudiced by granting the withdrawal of the proposal. After bid opening, while pursuant to the provisions of this section, you may request to withdraw your proposal and the Director may, in her discretion allow you to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a bidder and take those prior requests to withdraw into consideration when evaluating the bidders future bids or proposals. All proposal withdrawal requests must include the proposal identification number and the final proposal opening date and be sent to the following address: Department of the Treasury Purchase Bureau PO Box 230 33 West State Street 9th Floor Trenton, New Jersey 08625-0230 Attention: Supervisor, Bid Review Unit If during a proposal evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the bidder. The bidder will have five (5) days after receipt of the notice to confirm its pricing. If the vendor fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the bidders intention is not readily discernible from other parts of the proposal, the Director may seek clarification from the bidder to ascertain the true intent of the proposal.
Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to invoke reciprocal actions. The State may obtain additional information as it deems appropriate to supplement the stated survey information. The bidder may submit information related to preference practices enacted for a local entity outside the State of New Jersey. This information may be submitted in writing as part of the proposal response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to bidder, etc. It is the responsibility of the bidder to provide documentation with the proposal or submit it to the Director, Division of Purchase and Property within five (5) working days of the public proposal opening. Written evidence for a specific procurement that is not provided to the Director within five (5) working days of the public proposal opening will not be considered in the evaluation of that procurement, but will be retained and considered in the evaluation of subsequent procurements.
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Should Denotes that which is recommended, not mandatory. Small business Pursuant to N.J.A.C. 17:13-1.2, small business means a business that meets the requirements and definitions of small business and has applied for and been approved by the New Jersey Division of Revenue, Small Business Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one of the three following categories: (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III). State State of New Jersey. State Contract Manager The individual responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work, as set forth in Sections 8.1, 8.1.1 and 8.1.2. Subtasks Detailed activities that comprise the actual performance of a task. Subcontractor An entity having an arrangement with a State contractor, where by the State contractor uses the products and/or services of that entity to fulfill some of its obligations under its State contract, while retaining full responsibility for the performance of all of its [the contractor's] obligations under the contract, including payment to the subcontractor. The subcontractor has no legal relationship with the State, only with the contractor. Task A discrete unit of work to be performed. Using Agency[ies] The entity[ies] for which the Division has issued this RFP and will enter into a contract.
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Gang Minimum Custody Status When inmates shall be assigned to activities or jobs which routinely require them to move outside the security of the correctional facility, but on the grounds of the facility and under continuous supervision of a custody staff member, civilian instructor or other employee authorized to supervise inmates. The time served in the gang minimum custody status shall be at the discretion of the Institutional Classification Committee (I.C.C.). Hermetically Sealed Container A container which is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing. Institutional Administration Includes the following titles at the Institution; Administrator, Associate Administrator and Assistant Superintendent or their designee at a facility. Maximum Custody When assigned activities must take place within the confines of the correctional facility under continuous subPackaged - Bottled, canned, cartoned, bagged, or securely wrap Medium Custody Status When assigned activities must take place inside the security perimeter of the correctional facility under frequent and direct observation of staff. Per Capita Rate The annualized rate per inmate. Person in Charge The individual present in a food facility who is the supervisor of the food facility at the time of inspection. Potentially Hazardous Food Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or oxygenic microorganisms. The term does not include clean, whole, uncracked, odorfree shell eggs or foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less. Quality Assurance Manager The individual in charge of the systematic monitoring and evaluation of the various aspects of a project, service or facility to maximize the probability that minimum standards of quality are being attained by the production process. Registered Dietitian A person who is registered or eligible for registration by the American Dietetic Association, and has qualifications to evaluate and has the knowledge of basic nutrition, and the ability to develop menus. Rethermalization The process, by which, foods that have been properly cooked and rapidly cooled and are required to be reheated to their proper serving temperature. Safe Materials Articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in Section 201 (s) or (t) of the Federal, Food, Drug, and Cosmetic Act, they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in Section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration.
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Sanitization Effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce bacterial count, including pathogens, to a safe level on cleaned food-contact surfaces of utensils and equipment. Sealed Free of cracks or other openings that permit the entry or passage of liquid. Single-Service Articles Cups, containers, lids, and packaging materials, including bags and similar articles that are designed for one-time use only. Transportation (transported) Movement of food within or to the food facility or delivery of food from that food facility to another place while under the control of the person in charge. Utensil Any tableware and kitchenware used in the storage, preparation, transportation or dispensing of food. Ware-Washing The cleaning and sanitizing of food-contact surfaces of all equipment and utensils.
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normal shift. If a staff person is required to work more than one shift, a second meal is made available. It should be noted that the staff menu is comprised of either the lunch or dinner meal offered to the inmate population for that specific day. The actual number of staff meals to be provided will be based on the staff meal count as found in Section 3.1.2 and updated on a monthly basis. Billing of staff meals will be based on those counts.
healthy and maintain nutritional adequacy and compliance with NJDOC policies and procedures and be in compliance with criteria necessary for good nutrition as recommended by the American Dietetic Association, United States Department of Agriculture (USDA) and the Recommended Dietary Allowances RDA) of the Food and Nutrition Board, Institute of Medicine, National Academy of Sciences and American Correctional Association (Appendix 2) and must comply with ACA, NCCHC and NJSA 10A (Appendix 5) standards for food service. The Contractor must report any deviations from their menu through the submission of As Served Menus on a monthly basis forwarded to the attention of the NJDOC's Division of Operations, Contract Manager. All menu substitutions made by the Contractor, must at a minimum, be equal to that specified in their menu. Please note, substitutions and/or deviations from the submitted, planned menu should be minimal and must be approved by the Institutional Administrator and/or the designated Contract Manager prior to meal service. In addition, please refer to section 3.10, Contractual Non-Compliance.
Milk or half and half, Sugar and sugar substitute; Napkins; Stirrers; and Cups and all support materials.
3.2.9 BREAKFAST
Breakfast meals must meet the following standards unless special or medical diets are specified for the inmate. Food such as fruit, 100% fruit juice, breads and cereals, and three ounces of a protein source such as eggs, meat or a suitable substitute shall constitute a breakfast meal.
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Also, the Contractor must permit inmates to fill a container or thermos (size must be 1 quart or under), with coffee to take out of the dining area. It is not the responsibility of the Contractor to supply the inmate with a container or thermos.
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The Contractor must provide any meal benefits to their employees. Under no circumstances will the cost of meals provided to the Contractor's employees be reflected in additional costs to the State.
The Contractor must be responsible for all food and non-food items, which the Contractor stores in the State facilities.
All purchasing of food, food related products and supplies will be the responsibility of the Contractor. The Contractor must utilize standard, acceptable good business practices in purchasing. All meats, poultry, fish, processed foods, etc., subject to Federal inspection will be inspected, meeting or exceeding Federal standards. In particular, turkey roll, pressed beef and high water content pressed ham may not be utilized on the menus. Should the Contractor serve a product that is not approved or does not meet NJDOC specifications, the Contractor must credit the NJDOC for the cost of each meal that an unapproved product was served.
population of the respective facility. Should the Contractor run out of a central menu lunch or dinner entree, the lunch/dinner menu, detailed below, must be served to the entire inmate population, of the respective facility, the following day. The substitute meal will replace the meal scheduled for service. The Contractor must resume service of the central menu as scheduled after service of the substitute meal: Breakfast 4 oz. Orange Juice 3 oz Bran Flakes 4 oz Scrambled Eggs 4 oz. Hash Browns 4 oz. Beef Sausage 2 s1./2 ea. Toast - Oleo/Jelly 1 cp/l cp Milk/Coffee 6 ea. Sugar pack Lunch/Dinner 6 oz. Sliced Roast Beef 4 oz. Mashed Potatoes 6 oz. Seasoned Green Peas 1 ea. Fresh Fruit in Season 8 oz. Beverage 2 s1./2 ea Bread/Oleo
It is essential that the meal services begin and end at scheduled times to ensure the orderly running of the institution. Meal service times at Bayside State Prison are dictated by the institutional daily schedule. As such, the Contractor must provide meal service within the approved time frame.
3.4.2 RECEIVING
The receiving and/or shipping of any material(s) into or out of a NJDOC facility must conform to all appropriate security regulations and requirements. The Contractor must utilize accepted receiving standards to ensure that food and supplies are of the proper quantity and quality ordered. The schedule for the delivery of products must be coordinated with and approved by the Institutional Administrator and adhere to all security regulations. Delivery invoices are to be checked against orders to ensure compliance with specifications. All food is to be inspected for freshness, labeled and dated unless already dated or coded.
3.4.3 STORAGE
The Contractor must utilize the following accepted storage standards to protect foods and supplies from pilferage, theft and spoilage: Locks and keys must be controlled sufficiently to prevent unauthorized entry or usage of storage spaces/equipment. Key control must conform to institutional procedures. Doors and windows providing access to stores must be under control by lock and key or, if practicable, permanently sealed. Chemicals, soaps, poisons, etc., will not be stored with foods of any kind or be accessible to the inmate population regardless of packaging. The Institutional Administrator must approve the Contractor's design and location for the storage of all dry goods. The Dry stores will be kept at temperatures from sixty (60) degrees F to eighty (80) degrees F with good ventilation. All stores, including refrigerated stores, must be above floor level on clean shelving. Normal refrigeration must be maintained at a temperature of thirty-five degrees F to thirty-eight degrees F. Under no circumstances will temperatures be allowed above forty degrees F. Walk in refrigerators must be kept at twenty-eight degrees F to thirtytwo degrees F with appropriate temperature recording procedures followed without exception. The Contractor must ensure that refrigerated food compartments are kept at the appropriate temperatures.
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Effective on the contract beginning date, the Contractor will take over operation of all refrigerated compartments in their "as is" condition. The Contractor must supply and maintain upkeep on the refrigeration systems to eliminate the possibility of food spoilage and other results of improperly functioning or maintained refrigeration equipment (see section 3.5.3 for information on equipment repairs). The Contractor must adhere to the following: Frozen food storage must be maintained at minus ten degrees F to zero degrees F. Thermometers accurate to within three degrees F will be used in all refrigerated storage areas. Both indicating and recording thermometers are acceptable. Refrigeration equipment is not to be turned off by any employee or allowed to rise in temperature such that food quality is affected during loading, organizing and/or inventorying refrigerated or frozen foods.
Ice used as a cooling medium for food storage is not to be used for human consumption.
3.4.7 HANDLING/HOLDING
Handling - All foods/beverages must be handled in preparation, processing and cooking to the least extent possible. Cold foods must remain cold, below forty degrees F, and hot foods hot, above one hundred forty degrees F, during all handling. Rethermalizing - Chilled or frozen foods that require rethermalization must be rethermalized so that the original quality of the cooked foods (e.g. crisp, moist, dry, etc.) is maintained. Holding - All foods, whether held in the kitchen or on service lines, must not be permitted to deteriorate because of the passage of time or the inadequacy of temperature holding devices or equipment. The Contractor shall possess or develop a system, including a time coding system where applicable, that will prevent foods from being served that do not meet the minimum quality standards cited by these specifications.
Arrangements shall be made for self-busing or for efficient removal of plates, trays and debris by the Contractor's staff. Table, chair and surface wiping are to be performed only with clean wipes dipped in a sanitizing solution. The use of disposable and/or permanent ware must be in keeping with the meal served and the food or beverage served in each instance. Contractor must provide all disposal products as required. Thermometers will be used on meal assembly and service lines to ensure all foods/beverages are being held at proper temperatures. The Contractor must project a positive, friendly image to inmates, staff and visitors frequenting the food facilities.
3.4.9 TRANSPORTATION
The contractor must adhere to each of the following items relating to transportation: Employ food transport equipment with necessary back up and redundancy to ensure timely delivery of meals within the correctional facility. Provide refrigerated trucks and/or trailers for internal distribution of meals as well as external distribution to off-site facilities when applicable. Ensure the transport of personnel and timely delivery of meals. Coordinate between sending and receiving facilities to ensure compliance with all security and food holding requirements. Maintain and replace as required, all food transport carts and/or insulated trays. Ensure that the transport carts and insulated trays are in working condition with appropriate heating, cooling, and mechanical components (if applicable) and insulated trays operating correctly to deliver hot foods hot and cold foods cold as required by these bid specifications. Train workers in the proper use of food transport carts and other components of food service delivery. (Carts with food should not be jarred, jostled, upset, moved or otherwise affected in any way to allow food to spill within the cart or for temperatures of the food to exceed the specifications set forth in this document.) Provide all fuel and maintenance for all motor vehicles, transportation carts, insulated trays and associated equipment.
outerwear, handbags, etc. Any unsafe practices observed by the NJDOC must be corrected by the Contractor within a reasonable amount of time depending on the nature of the unsafe practice. The Contractor must correct any matters regarding security immediately. The Institutional Administrator has the right to direct the Contractor to act immediately if the sole determination of the health and safety of the NJDOC staff and/or inmate are compromised. If such is not accomplished the NJDOC shall have the right to make such corrections and deduct any costs associated with the correction of the unsafe practices from the payments due to the Contractor. The security in all food service areas shall be the direct responsibility of all employees of the Contractor in conjunction with DOCs Corrections Officers. All activities and supervision practices shall be consistent with Department of Corrections Policy and the Institutions procedures. The Contractors management staff or supervisory staff must open, close and check the food service areas as required by the Institution. The Institution shall initially train Contractors staff in security procedures as they pertain to Food Service operations but the Contractor should not rely on this alone as full training. The Contractor must schedule all new employees to attend mandatory 40-hour orientation. The Contractor must ensure kitchen security, as it relates to: Key control Inmate supervision Knife control Inventory control
The contractor, in connection with NJDOC Security Staff/Correction Officers will collaborate to ensure that security is maintained such that inmates either under the supervision of the contractor do not escape. The Contractor must have the Institution review and approve all operational plans and any changes thereto which directly affect the security of the institution.
3.4.10.1 FIRE
The Contractor must comply with all applicable local fire codes. Fire extinguishing equipment and fire exits in the kitchen area or associated with the kitchen are to be maintained properly and be free of obstruction for use or access/egress.
The Contractor must provide all small wares, trays, and kitchen utensils that are not available at a specific institution as well as all paper products, plastic ware and Styrofoam products as needed. The State Contract Manager must approve all Contractor small ware purchases. An inventory of all small wares and major equipment located at each facility and their satellites is available for review (Appendix 4). Inventory may change before award and take over by the successful Bidder.
the project may be funded as a joint venture. Funding determination will be at the sole discretion of the NJDOC.
3.6 SANITATION
The Contractor must meet or exceed all prescribed levels of sanitation as required by the local jurisdiction, the State of New Jersey, the U.S. Public Health Service, the NJ Department of Health and Senior Services Chapter 24 and the NJDOC. The Contractor must employ a clean-as-you-go policy. Only essential food service personnel shall be permitted access to the food preparation and ware- washing areas. The Contractor must adhere to the following sanitation requirements: Post and utilize cleaning schedules for all equipment and utensils with particular attention, but not limited to: storage areas, serving lines and attendant equipment, refrigerators, slicers, kettles, urns, dishwashers, disposals, ranges, ovens, grills, broilers, fryers, mixers, steamers, exhaust hoods and filters, grease traps,-warmers, beverage stands/equipment, ice makers, and ice cream boxes. All cleaning functions will include sanitizing techniques where applicable. All wiping cloths and the like will be used only in accordance with NJ DHSS and U.S. Public Health Service Regulations. All food must be handled in a manner, which prevents contamination and prevents the growth of bacteria. During working hours, floors in the kitchens and serving areas will be in broom clean condition. Cleaning of kitchen floors and serving area floors is the responsibility of the Contractor and must include stripping; waxing and buffing at a minimum of every sixty (60) days. Table and chair wiping, incidental busing and cleaning/buffing of dining room floors must be completed as required. General policing of the dining areas will be done during all hours of operation. The Contractor will utilize the food service inmate work detail to clean and maintain all food service related spaces, including, but not limited to; bathrooms, floors, walls, ceilings, freight elevators, loading and receiving docks, trash areas and all equipment
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Remove trash from kitchens, serving areas, dining areas, and storage areas. Removal of trash will be performed continuously enough to prevent unsightly buildup, contamination, or safety hazards. It should be noted that the Contractor must haul trash to landfills for all trash that is generated from the main food production facility, inmate dining hall, inmate pantry areas and/or storage areas. Provide all cleaning materials, compounds, bactericides and the like. The use and storage of these items will be done in a manner consistent with appropriate local, State, Federal, NJ DHSS and NJDOC codes. All containers must display New Jersey Right to Know (NJRK) labeling in accordance with the New Jersey Department of Health and Senior Service's Right to Know Program as it applies to the NJDOC. The Contractor must submit a list of all hazardous materials to be used in this program, the Material Safety Data Sheets (MSDS) for the products, and the reason for their use to the NJDOC Administrator responsible for food service at each facility during the 30 day mobilization period, prior to the start date of this contract. In addition, a revised MSDS must be submitted in the event that the Contractor substitutes any product during the term of the contract. Keep food facilities and all parts of the property used in connection with operations of the establishment, free of litter and articles not essential to the operation or maintenance of the establishment. The Contractors Food Service Manager shall conduct equipment and facilities maintenance and sanitation inspections monthly, in conjunction with the NJDOC employees designated to be responsible for those programs. Written reports must e provided as part of their inspections to Institutional Administration, within one week of the inspection and a copy forwarded to the Contract Manager. The Contractor must implement corrective operating measures required as a result of these inspections within ten days or as otherwise directed by the Contract Manager and the Institutional Administrator.
The Contractor must complete the following tasks: Wash and clean small wares, trays, and all other kitchen service equipment, including such items as ranges, refrigerators, etc., to the satisfaction of NJDOC or its agents. Clean and maintain all food service related spaces including, but not limited to, floors, walls, ceilings, trash areas and all equipment. Clean all food service equipment. A schedule showing the frequency of cleaning for each piece of food facility equipment will be submitted to Institutional Administration and the Contract Manager within 30 days of the start of this contract. Upon NJDOC approval of this schedule, the Contractor must post the schedule in food facility and implement the schedule accordingly.
To achieve this end, clean mop heads must be used each day to ensure the highest standards of cleanliness and sanitation are maintained. The Contractor must purchase and clean all mops and mop heads. Tables, chairs, surfaces and floors in dining areas will be cleaned between each meal period. Ensure that all employees are properly attired, clean and well groomed.
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For manual cleaning and sanitizing of equipment and utensils, a sink with three compartments will be used. Equipment and utensils are to be pre-flushed or pre-scrapped and, when necessary, pre-soaked to remove food particles and soil. The sinks are to be cleaned before use. The food-contact surfaces of all equipment and utensils are to be sanitized by: Immersion for at least one minute in clean, hot water of a temperature of at least 180 F; or Immersion for at least one minute in a clear solution containing at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75 F; or Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine, having a pH not higher than 5.0, and a temperature of at least 75 F; or Immersion for at least one minute in a clean solution containing 200 parts per million of a quaternary ammonium compound and having a temperature of at least 75 F. The quaternary ammonium compound used is to have been compounded by the manufacturer to assure effectiveness in waters up to 500 parts per million hardness at use concentration; or Immersion in a clean solution containing any other chemical sanitizing agent allowed under Title 21, Code of Federal Regulation 178.1010 that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 F for one minute; or Treatment with steam, free from materials or additives other than those specified in 21 CFR 173.310 in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least the strength required for that particular sanitizing solution.
An internal heating device or fixture installed in, on, or under, the sanitizing compartment of
the sink capable of maintaining the water at a temperature of at least 180 F; A numerically scaled indicating thermometer, convenient to the sink for frequent checks of water temperature; and Utensil racks of such size and design to permit complete immersion of utensils and equipment in the hot water. When utensils are sanitized using this method, the immersion in hot water must be at least 60 seconds.
Equipment and utensils are to be flushed or scraped, and when necessary, soaked to remove gross food particles or soil prior to being washed in a ware-washing machine, unless a pre-wash cycle is a part of the ware-washing operation. Equipment and utensils are to be placed in racks, trays, or baskets, in such a way that food-contact surfaces are exposed to the unobstructed application of detergent-wash and clean-rinse waters and in a way that permits free draining. Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water is to be kept clean and water is to be maintained at not less than the temperature stated as follows: Wash temperature 150 F Final rinse temperature 180 F All ware-washing machines are to be thoroughly cleaned at least once each day of use or more often when necessary to maintain them in a satisfactory operating condition.
3.6.5. DRYING
Unless used immediately after sanitization, all equipment and utensils are to be air-dried. Toweling is not to be used.
3.6.6.2 SPECIAL REQUIREMENTS Fluid milk and fluid milk products used or sold are to be pasteurized and are to meet the Grade A quality standards as established by law.
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Only clean shell eggs meeting USDA Grade Standards or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg products are to be used. Only ice that has been manufactured from potable water and packaged and handled in a sanitary manner is to be used. 3.6.7 FOOD PREPARATION
Food is to be prepared with a minimum of manual contact using suitable utensils where practicable. Food-contact surfaces of equipment and utensils are to be cleaned, rinsed, and sanitized as appropriate to the type of food being prepared. Special emphasis is to be given to situations where cross-contamination may occur. Potentially hazardous foods that are in a form to be consumed without further cooking such as salads, sandwiches, and filled pastry products are to be prepared when possible from chilled products. Salads and other ready-to-eat foods prepared in the food facility are to be prepared in areas that are separate from the fresh raw meat and poultry processing areas.
3.6.8.1 SOLDER
If solder is used, it is to be composed of safe materials and be corrosion resistant. No lead content of any level will be allowed.
3.6.8.2 WOOD
All wooden materials such as cutting blocks, cutting boards and bakers tables must meet with the National Sanitation Foundation requirements. Wood is not to be used as a food-contact surface.
3.6.8.3 PLASTICS
Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal ware-washing methods, and that meet the general requirements set forth in by the National Sanitation Foundation are permitted for
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repeat use. The use of a color-coded cutting board system for items such as meat, poultry, seafood, cheese, vegetables, etc. is to be implemented.
3.6.8.5.2 STORAGE
Cleaned and sanitized utensils and equipment are to be stored at least six inches above the floor in a clean, dry location in a way that protects them from splash, dust, and other means of contamination. The food-contact surfaces of fixed equipment are also to be protected from contamination. Equipment and utensils are not to be placed under exposed or unprotected sewer lines, or water lines that are leaking, or on which condensed water may accumulate. Utensils are to be air-dried before being stored or are to be stored in a self-draining position. Stored utensils are to be covered or inverted whenever practical. The security of hand held food service utensils and equipment such as knives, forks, spoons, spatulas, etc., is of great concern when working in a high security correctional setting. As such, these items must be contained to a central area and closely managed. The Contractor must ensure the security of food service utensils and equipment. The Contractor will be held financially responsible for any damages resulting from the use of lost food service equipment and/or utensils. Upon contract award, the Contractor must submit a plan for securing utensils and equipment that meets with the approval of the Institutional Administrator. The plan must include a daily inventory of the referenced utensils and equipment. Any losses must be immediately reported to the Institutional Administrator or designated Contract Manager.
3.6.9.1 STORAGE
Garbage and refuse on the premises is to be stored in an inaccessible manner to insects and rodents. Outside storage of non-rodent-proof plastic containers, wet-strength paper bags, and baled units containing garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers. Garbage or refuse storage rooms, if used, are to be constructed to accommodate easy-to-clean, nonabsorbent, washable materials, and are to be kept clean, insect and rodent proof, and are to be large enough to store all the containers needed to hold garbage and refuse during the interval between disposal pickups. Outside storage areas or enclosures are to be large enough to store the garbage and refuse containers and are to be kept clean. Garbage and refuse containers and dumpsters located outside are to be stored on or above a smooth surface of nonabsorbent material, (such as concrete or machine-laid asphalt), that is kept clean and maintained in good repair.
3.6.9.2 DISPOSAL
All disposal cost will be the NJDOCs responsibility.
The Contractor is expected to implement a resource management and recycling program in accordance with the existing State and Federal policies yet flexible enough to adapt to future changes in these requirements. Recycling and waste reduction programs must be submitted to and approved by the NJDOC and its agents, and must be in accordance with mandated State and Federal laws. The recycling program shall specifically address, but shall not be limited to: Corrugated cardboard Glass Aluminum and other metals Plastic Solid Waste Wood Paper The resource management program should address, but shall not be limited to: Water and Water Treatment Electricity Gas Sewer Heating and Cooling The Contractor must design and implement a food service recycling program within 90 days of the start of the contract. (State recycling regulations are available at: http://www.state.nj.us/infobank/circular/eof34.htm).
3.6.10 MATERIALS
Only those poisonous or toxic materials supplied by the Contractor and necessary for the maintenance of the establishment, including the cleaning and sanitization of equipment and utensils, and the control of insects and rodents, are to be present in the food facility. The Contractor must comply with State of New Jersey Right to Know Laws (available at http://www.nj.gov/health/eoh/rtkweb/index.shtml) and must provide Material Safety Data Sheets (MSDS) for each chemical product used. All products must have the approval of the Prison Administration prior to their use.
3.6.10.1 LABELING
Containers of poisonous or toxic materials will be prominently and distinctly labeled by the Contractor, according to law, for easy identification of contents. If applicable, all containers, including shipping cartons, are to bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). "Container" means a receptacle used to hold a liquid, solid or gaseous substance, such as bottles, bags, barrels, boxes, cans, cylinders, drums and shipping cartons. The Contractor must maintain tight security controls over all poisonous or toxic materials.
3.6.10.2 STORAGE
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Poisonous or toxic materials necessary for the maintenance of the establishment consist of the following three categories: Insecticides and rodenticide Detergents, sanitizers, and related cleaning or drying agents Caustics, acids, polishes, and other chemicals
Each of the three categories is to be stored and located as directed by Prison Administration and be physically separated from each other. All poisonous or toxic materials are to be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose. To preclude potential contamination, poisonous or toxic materials are not to be stored above food, food equipment, utensils or single-service articles. This requirement does not prohibit the convenient availability of detergent or sanitizers at ware-washing facilities.
3.6.10.3 USAGE
Bactericides, cleaning compounds, or other compounds intended for use on food-contact surfaces are not to be used in a way that leaves a toxic residue on such surfaces, nor in a way that constitutes a hazard to employees or other persons. Poisonous or toxic materials are not to be used in a way that contaminates food, equipment, or utensils, nor in a way other than in full compliance with the manufacturer's labeling.
3.6.11.2 ANIMALS
Live animals are to be excluded from the food facility operational areas and from immediately adjacent areas under the control of the Contractor. This exclusion does not apply to edible fish, crustacea, shellfish, or fish in aquariums. Patrol dogs accompanying security or police officers are to be permitted in offices, storage areas and the general premises. Guide dogs accompanying blind persons are to be permitted in the dining rooms. Persons employed in the food operational areas of the establishment are not to care for or handle any pets, patrol, or sentry dogs while on duty.
3.6.12 INSPECTIONS
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An inspection/audit of the facility may be performed at least once every quarter by the NJDOC or its agents. Additional inspections are to be performed as often as are necessary for the efficient and effective enforcement of these bid specifications. Representatives of the NJDOC, its agents, or licensing agencies, after proper identification, are to be permitted to enter the food facility at any reasonable time for the purpose of making inspections to determine compliance with this agreement. The representatives are to be permitted to examine the records of the establishment to obtain information pertaining to the source of food and supplies. Whenever an inspection is made of the facility, the findings will be recorded on an inspection record. A copy of the completed inspection record is to be given to the Contractor's person in charge of the food facility at the conclusion of the inspection. The completed inspection report constitutes an official notice of findings. The completed inspection report is to specify a reasonable period of time for the correction of the violations found, and correction of the violations is to be accomplished within the period specified, in accordance with the following provisions: If imminent health hazard exists outside of the control of the vendor, such as a prolonged loss of water supply, a prolonged power outage, or a sewage backup into a food service area of the facility, the facility is to immediately cease affected food facility operations. Such operations are not to be resumed until authorized by the NJDOC. In the event of such situation, the Contractor must utilize emergency procedures described in section 3.7 of this document.
etc. Should the bargaining representative of the contractor's employees indicate a decision to strike, the contractor must immediately notify the NJDOC Institutional Administrator and the Contract Manager of this decision. Details for submittal of a contingency plan is listed in section 4.4.3. The Contractor must be prepared to respond to an emergency situation, as detailed above, within 1.5 hour's notice. It should be noted that some emergency situations require cell - based feeding. Cold meals are acceptable under these circumstances. It is the intent of the NJDOC to ensure that the Contractor has the ability to sustain operations under adverse conditions. The Contractor must develop an emergency menu approved by the NJDOC. For states of emergency in excess of a THREE day period the per diem rate may be adjusted as agreed upon by the NJDOC and the Contractor. Upon return of normal operations, as determined by the NJDOC, the original contracted per diem rate will apply.
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When the NJDOC or its agents have reasonable cause to suspect possible disease transmission from the Contractor's employee(s), it may secure a morbidity history of the suspected employee(s) or make any other investigation as indicated and take appropriate action as required. The NJDOC may require any or all of the following measures to be conducted at no additional expense to the State of New Jersey in the event the Contractor's employee(s) are found to have an infectious disease:
The immediate exclusion of the Contractor's employee(s) from the food facility. The immediate closing of the food facility until, in the opinion of the NJDOC or its
agents, no further danger of disease outbreak exists.
The removal of such employee(s) from the facility should it be found that their
continued employment would present a health hazard to the consumers of the food products. Any costs associated with the above referenced measures will be the responsibility of the Contractor and will not result in an increase to the Contracted per diem rate. In addition, the Contractor will continue to be responsible for the provision of meals to the effected institution during the course of an infectious disease.
assurance audits. Continued lapses in quality as determined by the NJDOC or its agents will result in credit to the NJDOC as detailed in section 3.10 of this report and the filing of complaints with the Purchase Bureau. The purpose of the state operated QA program is to help ensure that services provided by the Contractor are operating efficiently and in accordance with applicable laws, the New Jersey Administrative Code, applicable Consent Decrees and Agreement, New Jersey Department of Health and Senior Services policies and guidelines, NJDOC policy and procedures and bid specifications. The findings of the QA process will be used to: 1. 2. 3. 4. 5. Ensure the receipt of acceptable services; Identify areas where correction may be needed; Provide the basic information necessary for contract enforcement; and Provide data for consideration regarding any future modifications of the contract. Assess the performance of the Contractor.
the Institutional Administrator and the Contractor. Institution staffing work schedules may be modified upon the parties' mutual agreement and written consent. 2. All contractual staff (both employees and independent Contractors) shall be required to comply with sign-in and sign-out procedures on an official Department time-keeping form or the Contractor shall be permitted to substitute an automated time clock system or other method which is subject to the approval of the NJDOC. 3. Contractor shall comply with the staffing levels set forth in its proposal to the NJDOC. All replacement personnel or subcontractors shall be subject to NJDOC administrative approval.
Adequate staffing levels are essential in that not only will the Contractor's personnel be responsible for food production, delivery, service and cleanup, they will also be responsible for the supervision of inmate food service workers. As such, the Contractor shall utilize properly trained staff in each facility and in all areas covered by these specifications immediately upon Contract start-up.
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Provide on-site area level management and supervision at a minimum of four days per month to ensure that all contract requirements are met. The area manager must report the results of these visits in writing to the Bureau of Budget and Fiscal Planning, Contract Manager and Institutional Business Office within seven (7) days of the site visit. The regional manager or account executive for each NJDOC account must also be onsite for important special events and for regular accreditation surveys by State and Federal agencies, and when deemed necessary by NJDOC officials. A schedule of duties for each type of employee will be posted in the food service department of each correctional facility. Employee time schedules are to be made, posted and supplied to the NJDOC facility's Contract Manager and the Institutional Administration, a minimum of one (1) week in advance of the day of work on the schedule. Time clocks or signed time sheets must be used to record hours worked for all hourly employees. Maintain and furnish to each correctional facility an up-to-date list of names and phone numbers of key personnel to contact in the event of an emergency. Maintain 24 hour/day, 7 day/week on-call Supervisory and Managerial staff, reachable via pager or other communications device. An on-call roster is to be maintained and submitted one week in advance to the designated NJDOC Contract Manager.
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The Contractor must supervise inmate workers in the food service operation of the facility. The NJDOC will provide the Contractor with a list of inmates assigned to food service detail. Currently the number of inmates employed on a daily basis for all shifts and locations are: Main Institution (kitchen) 110 Main Institution (housing units) - 120 Minimum Unit/Farm - 88 Ancora Unit 51 The Contractor must be responsible for time keeping, supervising, evaluating and training these inmates. Suspending or terminating an inmate will be a responsibility shared by the Contractor and the Institutional Administrator or designee. The Contractor may recommend that an inmate be suspended or terminated but the NJDOC has the final authority. The Contractor must adhere to all NJDOC guidelines and regulations governing inmate labor. The Contractor must provide a complete position chart by position, location and job description for each inmate they propose to utilize in the food service operation. The Contractor must submit a proposed on-the-job training program designed to develop the individual inmate's basic skills to better prepare the inmates for work in the food service field both in the institutional setting and the open market. Information shall include lesson plans and a plan for job advancement, based on completion of course work. The Contractor is not permitted to assign an inmate(s) to any type of supervisory position. All inmates will be paid by the NJDOC. The Contractor must train and utilize the inmate population in production and sanitation capacities both as a cost effective labor pool and as an on-the-job training activity within the facility. Inmate workers, with appropriate training and supervision, may be used in all phases of food service related activities with the exception of the following: Supervision of other inmate workers Responsibility for equipment/utensil control Responsibility for inventory control Operation of a motor vehicle on a public street
Inmate labor will be arranged and coordinated through the Institutional Administrator's Office in concert with the Contractor. Wages for inmate labor used by the Contractor will be paid for by NJDOC. The Contractor must provide references demonstrating the effectiveness of the training provided to inmates, the number of inmates trained and the correctional institutions in which training took place. It should be noted that in any correctional facility there is a large turnover of the inmate work force. As such, training provided to the inmates must be continuous and on going to ensure the inmates employed by the food service department are properly trained. The Contractor must be aware that there is a possibility to not have the services of inmate food service workers. In the event of an institutional lock-down, disturbance or other event that precludes the movement of inmates throughout the institution inmate food service workers may not be available. Therefore, the Contractor must include in the bid response, contingency plans to ensure the continued operation of all phases of food service during such an exigency.
regulations (if applicable) concerning personnel involved with food handling. Employees of the Contractor suffering from infectious or contagious disease or disease-like conditions shall not be permitted to work in food handling or production areas. Employees having opened sores, cuts, or wounds on exposed extremities, or on the neck or head, will likewise not be permitted to work until such conditions are fully healed. These employees will only be permitted to return to work upon receiving approval from the Contractor's physician. Communicable diseases or skin infections contracted by an employee are to be reported in writing by the Contractor to the NJDOC designated Contract Manager. The Contractor must take whatever action is necessary to prevent the condition from endangering anyone else. Accidents or injuries resulting in any medical treatment or lost time for any employee is to be reported in writing to the NJDOC Contract Manager immediately. This includes accident or injury to both the Contractor's and NJDOC employees. The report is to include facts surrounding the accident or injury, the prognosis of the injured party, and a statement of corrective action taken to prevent a recurrence of the incident.
3.9.13.1 CLOTHING
Employees are to wear clean uniforms approved by the NJDOC. Employees are to use effective hair restraints where necessary to prevent the contamination of food or food contact surfaces. Employees are not to wear jewelry with the exception of wristwatch, post earrings, and wedding band. Loose, dangling jewelry, artificial fingernails and nail polish are not permitted. Inmate Food Service workers are to wear clean uniforms provided by the Contractor. Bayside State Prison will launder inmate work uniforms.
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1. The Contractor must provide hair nets or head coverings, or both, facial hair coverings and 2. 3. 4. 5. 6. 7.
plastic/rubber gloves when appropriate will be utilized in accordance with New Jersey and/or other applicable jurisdictions' public health standards; The Contractor must ensure that all water closets and hand-washing areas are kept clean and properly supplied; Employees shall not smoke in food handling, storage, production, serving, or dining areas. Smoking is prohibited in any NJDOC building; Employees shall eat only in designated areas, not in the kitchen; The use of radios, headsets, compact disc players, cassette players, TV's, or any other type of sound reproducing or amplifying device is not permitted; Employees shall park only in designated areas at each facility as may be provided by the NJDOC; and All employees of the Contractor shall be courteous, helpful, and cheerful when dealing with the corrections staff and inmates.
5. Hepatitis Testing 6. Drugs Testing (Opiates, Amphetamines, Cannabis, Cocaine) If the individual is known to have a history of positive responses to the tuberculin skin test, a chest x-ray must be performed instead. In case of conflict with local requirements, the more stringent examinations shall apply. The examinations are to be performed: 1. Prior to an employee beginning work 2. Once annually at a minimum 3. As required by the NJDOC upon request The Contractor must pay for all examinations. Evidence of examination and test results must be provided in writing to the designated Contract Manager and the Institutional Administration responsible for food service prior to any employee starting work and within two weeks of each any subsequent examination. Failure to comply with employee examination requirements stated above will result in the examinations being conducted by the NJDOC with costs charged back to the Contractor. The Contractor's designated physician is to conduct these examinations on all food service employees and is to file a report with the Institutional Administration and the designated Contract Manager. The Contractor must meet all Federal and State regulations and terms of union contracts with regard to health examinations and testing. Results of health testing and evaluation must be approved by the NJDOC or its agents.
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The Contractor's Regional Manager and/or Executive in charge of the NJDOC account is to be present and available on-site at the facility covered by these specifications for major special events, holidays, regular visits by accreditation boards and similar important dates as deemed necessary by the Contractor and/or the NJDOC. Extensive personal involvement by the Contractor's regional manager or individual acting as an "account manager' for the NJDOC food service Contract is required by NJDOC. As required, the Contractor's Manager and/or Executive in-charge, and all supervisory staff must be available for regularly scheduled or ad-hoc meetings convened by the NJDOC or the individual institution.
Federal agencies, or by the NJDOC or its agents including but not limited to Quality Assurance Monitors. Copies of all inspections, audits, reviews, etc., including health and sanitation inspections, will be provided to the NJDOC. The NJDOC or any other competent representatives of the NJDOC is to have exclusive right to full access to the food facility activities of the Contractor for whatever purpose and the Contractor is to provide for safe and proper facilities for such access and inspection. The NJDOC may, at any time without notice to the Contractor, inspect or review the Food Service areas for compliance with the contract requirements.
The Contractor shall coordinate with institutional administrator, quarterly meetings to discuss food service issues. Minutes or summaries shall be maintained and distributed to attendees and to the NJDOC food service monitor unit with copies retained for future reference. The Contractor shall conduct and maintain minutes of a food service staff meeting on a monthly basis to review administrative and procedural issues and to ensure that NJDOC Quality Assurance protocols are achieved. The Contractor shall also provide necessary representatives or witnesses for court matters as required at no extra charge to the NJDOC, including any preparation or testimony. The Contractor shall prepare and participate in external reviews, inspections and audits as requested and shall participate in the preparation of responses to critiques. Contractor shall develop and implement plans to address/correct deficiencies.
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4.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION 4.3.1 EBID SUBMISSION OF PROPOSAL
If the bidder is submitting an eBid proposal, hard copy submission is not required, please see Section 4.3.2 for number of complete and exact copies. Instructions detailing how to enroll in and submit an eBid are available on the web at https://wwwnet1.state.nj.us/treasury/dpp/ebid/. If the bidder submits both an eBid and a hard copy of the bidder's proposal, the eBid proposal will prevail in the event of a discrepancy between the electronic and paper versions. When submitting an eBid, do not use any symbols (i.e., #, @, $, &, *) in the filename. In addition, the bidder should name each converted PDF electronic file and folder as follows:
The proposal should be submitted in two volumes with the content of each volume as indicated below. Volume 1 Section 1 - Forms (Sections 4.4.1 and 4.4.2) Section 2 - Technical Proposal (Section 4.4.3) NOTE: This section of the bidders submission is limited to 25 pages or fewer, with no smaller than a 12 point font. Section 3 - Organizational Support and Experience (Section 4.4.4) Volume 2 Section 4 Price Schedule (Section 4.4.5)
4.4.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH PROPOSAL 4.4.1.1 SIGNATORY PAGE
The bidder shall complete, including signature of an authorized representative of the bidder, and submit the Signatory Page accompanying this RFP. If the bidder is a limited partnership, the Signatory Page must be signed by a general partner. If the bidder is a joint venture, the Signatory Page must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the proposal.
By signing the RFP Signatory Page, or by entering its PIN if submitting an eBid proposal, the bidder/offeror is automatically certifying that either: a. The bidder has no operations in Northern Ireland; or b. The bidder has business operations in Northern Ireland and is committed to compliance with the MacBride principles. A bidder/offeror electing not to certify to the MacBride Principles must nonetheless sign the RFP Signatory Page AND must include, as part of its proposal, a statement indicating its refusal to comply with the provisions of this Act.
the Division of Purchase and Property in advance of any such engagement of subcontractors. 2. If the contract is a small business subcontracting set-aside, the bidder certifies that in engaging subcontractors, it will make a good faith effort to achieve the subcontracting set-aside goals, and will attach to the Subcontractor Utilization Plan documentation of such efforts in accordance with N.J.A.C. 17:13-4 et seq.
4.4.1.1.3 NON-COLLUSION
By submitting a proposal, the bidder certifies as follows: a. The price(s) and amount of its proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. b. Neither the price(s) nor the amount of its proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before proposal opening. c. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. d. The proposal of the firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. e. The bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.
during the past five (5) years including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form for this purpose.
4.4.1.7 PRICING
The bidder must submit its pricing on the State supplied Price Sheet/Schedule and supply any additional pricing information as directed in RFP Section 4.4.5.
4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE PROPOSAL 4.4.2.1 BUSINESS REGISTRATION
In accordance with N.J.S.A. 52:32-44(b), a bidder and its named subcontractors must have a valid Business Registration Certificate (BRC) issued by the Department of Treasury, Division of Revenue prior to the award of a contract. To facilitate the proposal evaluation and contract award process, the bidder should submit a copy of its valid BRC and those of any named subcontractors with its proposal. Refer to Section 2.1 of the State of NJ Standard Terms and Conditions. Any bidder, inclusive of any named subcontractors, who does not have a valid business registration at the time of proposal opening or whose BRC was revoked prior to the submission of the proposal should proceed immediately to register its business or seek re-instatement of a revoked BRC. Bidders are cautioned that it may require a significant amount of time to secure the re-instatement of a revoked BRC. The process can require actions by both the Division of Revenue and the Division of Taxation. For this reason, a bidders early attention to this requirement is highly recommended. The bidder and its named subcontractors may register with the Division of Revenue, obtain a copy of an existing BRC or obtain information necessary to seek re-instatement of a revoked BRC online at http://www.state.nj.us/treasury/revenue/busregcert.shtml. A bidder otherwise identified by the Division as a responsive and responsible bidder, inclusive of any named subcontractors, but that was not business registered at the time of submission of its proposal must be so registered and in possession of a valid BRC by a deadline to be specified in writing by the Division. A bidder who fails to comply with this requirement by the deadline specified by the Division will be deemed ineligible for contract award. Under any circumstance, the Division will rely upon information available from computerized systems maintained by the State as a basis to verify independently compliance with the requirement for business registration.
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A bidder receiving a contract award as a result of this procurement and any subcontractors named by that bidder will be required to maintain a valid business registration with the Division of Revenue for the duration of the executed contract, inclusive of any contract extensions.
5. The bidders menus, recipes, ingredients, nutritional information must be submitted to NJ DOC for evaluation and approval with the bid proposal. 6. The bidder must vary the type of protein or other similar items in sandwiches to avoid repetition. A one week bagged lunch menu must be submitted. 7. The bidder must provide evidence of its ability to implement special and modified diets; acceptable evidence includes a listing of other sites under the management of the bidder detailing the type and quantities of special diets provided. The bidder must provide contingency plans to continue meal service, in the event that the contractor's employees or supplier's employees strike.
8.
9.
The Bidder shall specify the policies and procedures to be followed in dealing with inmate complaints regarding any aspect of the food services system. The Bidder must provide a detailed plan to transfer electronic and hard copy data to the NJDOC in an orderly fashion prior to the termination or end of the contract. The Bidder must provide a detailed contingency plan to ensure the continuous feeding of the individual institutional inmate/staff populations in the event of lock-downs, strikes, riots, equipment or utility failures and any other natural or manmade events that hinder the
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10.
11.
normal operation of the facility. 12. The Bidder must provide, documentation detailing previous experience providing food service operations to major correctional facilities. Bidder shall provide a detailed plan for the implementation and operation of a cost containment program. Addressed in this section shall be the mechanism (s) by which the Bidder plans to control costs, areas in which cost savings will be achieved and evidence of the success of such a program at other of Bidder's sites Bidder shall provide a staffing pattern which will include staffing levels, numbers, and times by position (days, evenings, nights, and weekends). The Bidder shall provide a summary of their staffing plan for each institution specifying the full-time equivalents for each position by full-time and part-time positions. Bidder shall specify the level of on-site and system-wide management staff (e.g., Regional Manager, Food Service Director, etc.) to manage this Contract and shall delineate an organizational chart showing lines of authority. Bidder must submit an anticipated trash removal schedule. Bidder shall specify how it intends to cover periods of absences caused by vacations, holidays and sick leave, and shall state what relief factor (if any).
13.
14.
15. 16.
Such mobilization and implementation plan should include the following elements: a. A detailed timetable for the mobilization and implementation period of 30 days.. This timetable should be designed to demonstrate how the bidder will have the contract up and operational from the date of notification of award. b. The bidder's plan for the deployment and use of management, supervisory or other key personnel during the mobilization and implementation period. The plan should show all management, supervisory and key personnel that will be assigned to manage, supervise and monitor the bidders mobilization and implementation of the contract within the period of 30 days. NOTE: The bidder should clearly identify management, supervisory or other key staff that will be assigned only during the mobilization and implementation period. c. The bidder's plan for recruitment of staff required to provide all services required by the RFP on the contract start date at the end of the mobilization and implementation period covering 30 days. d. The bidders plan for the purchase and distribution of equipment, inventory, supplies, materials, etc. that will be required to fully implement the contract on the required start date. e. The bidders plan for the use of subcontractor(s), if any, on this contract. Emphasis should be on how any subcontractor identified will be involved in the mobilization and implementation plan.
Date of original contract and expiration date; Number of renewals (if applicable); Type and size of facility; and Specify Multi-facility systems that are managed by the corporation. D. Bidders shall specify facilities that it operates that are currently ACA accredited. Include the following information: Name of facility; Accrediting agency (e.g., ACA); and Include dates of re-accreditation. E. Bidder shall list all contracts lost or not renewed (list contact person and telephone number) within the most recent three (3) year period. Please provide a narrative, which describes reason(s) for contracts that were not renewed. F. Bidder shall discuss any corporate reorganization or restructuring that has occurred within the last three years and discuss how the restructuring will impact upon its ability to provide services proposed. Contractor shall disclose the existence of any related entities (sharing corporate structure or principal officers) doing business in the field of food services. G. Bidder shall describe other current or anticipated, business or financial obligations, which will coincide with the term of this contract. H. Bidder shall provide a listing of fines, which exceed $1,000, incurred under other contracts for non-performance of duties in whole or in part, within the last three years. I. Bidder shall provide a listing of all contracts on which the vendor experienced a loss of funds due to fines, delay damages, liquidated damages, and/or forfeiture of performance or bid bonds in whole or in part.
4.4.4.2 LOCATION
The bidder should include the address of the bidder's office where responsibility for managing the contract will take place. The bidder should include the telephone number and name of the individual to contact.
4.4.4.4 RESUMES
Detailed resumes should be submitted for all management, supervisory and key personnel to be assigned to the contract. Resumes should emphasize relevant qualifications and experience of
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these individuals in successfully completing contracts of a similar size and scope to those required by this RFP. Resumes should include the following: The individual's previous experience in completing each similar contract. Beginning and ending dates for each similar contract. A description of the contract demonstrating how the individual's work on the completed contract relates to the individual's ability to contribute to successfully providing the services required by this RFP. With respect to each similar contract, the name and address of each reference together with a person to contact for a reference check and a telephone number.
The bidder should provide detailed resumes for each subcontractors management, supervisory and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the subcontractor is designated to perform. When a bidder submits resumes pursuant to this paragraph, the bidder shall redact the social security numbers, home addresses, personal telephone numbers and any other personally identifying information other than the individuals name from the resume.
information included in the statements fairly present in all material respects the financial condition, results of operations and cash flows of the bidder as of, and for, the periods presented in the statements. In addition, the bidder should submit a bank reference. If the information is not supplied with the proposal, the State may still require the bidder to submit it. If the bidder fails to comply with the request within seven (7) business days, the State may deem the proposal non-responsive. A bidder may designate specific financial information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. A bidder may submit specific financial documents in a separate, sealed package clearly marked Confidential-Financial Information along with the proposal. The State reserves the right to make the determination to accept the assertion and shall so advise the bidder.
PRICE PROPOSAL
Per Diem Price Fully loaded Per Diem price to provide one inmate with three meals Estimated Inmate Population Days per period Estimated annual cost
2,357
365
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5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS
The contract awarded as a result of this RFP shall consist of this RFP, addenda to this RFP, the contractor's proposal, any best and final offer and the Division's Notice of Award. Unless specifically stated within this RFP, the Special Contractual Terms and Conditions of the RFP take precedence over the State of NJ Standard Terms and Conditions accompanying this RFP. In the event of a conflict between the provisions of this RFP, including the Special Contractual Terms and Conditions and the State of NJ Standard Terms and Conditions, and any addendum to this RFP, the addendum shall govern. In the event of a conflict between the provisions of this RFP, including any addendum to this RFP, and the bidder's proposal, the RFP and/or the addendum shall govern.
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The contractor is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables, services or commodities required to be provided under the contract. The contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services. The approval of deliverables furnished under this contract shall not in any way relieve the contractor of responsibility for the technical adequacy of its work. The review, approval, acceptance or payment for any of the services shall not be construed as a waiver of any rights that the State may have arising out of the contractors performance of this contract.
5.9 ADVERTISING
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The contractor shall not use the States name, logos, images, or any data or results arising from this contract as a part of any commercial advertising without first obtaining the prior written consent of the Director.
5.11.2 REMEDIES
Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, of any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director.
5.13 RETAINAGE
Not Applicable To This Procurement.
The contractors written proposal must provide a detailed description of the work to be performed broken down by task and subtask. The proposal should also contain details on the level of effort, including hours, labor categories, etc., necessary to complete the additional work. The written proposal must detail the cost necessary to complete the additional work in a manner consistent with the contract. The written price schedule must be based upon the hourly rates, unit costs or other cost elements submitted by the contractor in the contractors original proposal submitted in response to this RFP. Whenever possible, the price schedule should be a firm, fixed price to perform the required work. The firm fixed price should specifically reference and be tied directly to costs submitted by the contractor in its original proposal. A payment schedule, tied to successful completion of tasks and subtasks, must be included. Upon receipt and approval of the contractors written proposal, the State Contract Manager shall forward same to the Director for the Directors written approval. Complete documentation from the Using Agency, confirming the need for the additional work, must be submitted. Documentation forwarded by the State Contract Manager to the Director must include all other required State approvals, such as those that may be required from the State of New Jerseys Office of Management and Budget and NJOIT. No additional work and/or special project may commence without the Directors written approval. In the event the contractor proceeds with additional work and/or special projects without the Directors written approval, it shall be at the contractors sole risk. The State shall be under no obligation to pay for work performed without the Directors written approval.
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f.
The fully loaded Per Diem price, to provide one inmate with three meals for one day. The price incorporating all cost elements including, but not limited to, all inmate meals, staff and visitor meals, food components, supplies, salaries, required support services and equipment repairs.
may accept, reject or modify the recommendation of the Division. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). Negotiations will be conducted only in those circumstances where they are deemed by the Division or Director to be in the States best interests and to maximize the States ability to get the best value. Therefore, the bidder is advised to submit its best technical and price proposal in response to this RFP since the State may, after evaluation, make a contract award based on the content of the initial submission, without further negotiation and/or BAFO with any bidder. All contacts, records of initial evaluations, any correspondence with bidders related to any request for clarification, negotiation or BAFO, any revised technical and/or price proposals, the Evaluation Committee Report and the Award Recommendation, will remain confidential until a Notice of Intent to Award a contract is issued. NOTE: If the Division contemplates negotiation, proposal prices will not be publicly read at proposal opening. Only the name and address of each bidder will be publicly announced at proposal opening.
6.9 COMPLAINTS
A bidder with a history of performance problems as demonstrated by formal complaints and/or contract cancellations for cause pursuant to Section 5.7.b of the State of NJ Standard Terms and Conditions accompanying this RFP may be bypassed for an award issued as a result of this RFP.
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7.0 CONTRACT AWARD 7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD 7.1.1 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A20.25 (FORMERLY EXECUTIVE ORDER 134) AND EXECUTIVE ORDER NO. 117 (2008)
a) The State shall not enter into a contract to procure from any Business Entity services or any material, supplies or equipment, or to acquire, sell or lease any land or building, where the value of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions, to a candidate committee and/or election fund of any candidate for or holder of the public office of Governor or Lieutenant Governor, to any State, county, municipal political party committee, or to any legislative leadership committee during certain specified time periods b) Prior to awarding any contract or agreement to any Business Entity, the Business Entity proposed as the intended awardee of the contract shall submit the Certification and Disclosure form, certifying that no contributions prohibited by either Chapter 51 or Executive Order No. 117 have been made by the Business Entity and reporting all contributions the Business Entity made during the preceding four years to any political organization organized under 26 U.S.C.527 of the Internal Revenue Code that also meets the definition of a continuing political committee within the means of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:25-1.7. The required form and instructions, available for review on the Divisions website at http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided to the intended awardee for completion and submission to the Division with the Notice of Intent to Award. Upon receipt of a Notice of Intent to Award a Contract, the intended awardee shall submit to the Division, in care of the Division Procurement Specialist, the Certification and Disclosure(s) within five (5) business days of the States request. Failure to submit the required forms will preclude award of a contract under this RFP, as well as future contract opportunities.
c) Further, the Contractor is required, on a continuing basis, to report any contributions it makes
during the term of the contract, and any extension(s) thereof, at the time any such contribution is made. The required form and instructions, available for review on the Divisions website at http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided to the intended awardee with the Notice of Intent to Award.
certification that the services cannot be performed in the United States and whether to seek the approval of the Treasurer. 7.1.2.1 BREACH OF CONTRACT A SHIFT TO PROVISION OF SERVICES OUTSIDE THE UNITED STATES DURING THE TERM OF THE CONTRACT SHALL BE DEEMED A BREACH OF CONTRACT. If, during the term of the contract, the contractor or subcontractor, who had on contract award declared that services would be performed in the United States, proceeds to shift the performance of any of the services outside the United States, the contractor shall be deemed to be in breach of its contract. Such contract shall be subject to termination for cause pursuant to Section 5.7b.1 of the State of NJ Standard Terms and Conditions, unless such shift in performance was previously approved by the Director and the Treasurer.
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