Request for Proposal 12-X-22211 For: Bayside State Prison Food Service

Operations – (Pilot Project)Event Date Time

Bidder’s Electronic Question Due Date (Refer to RFP Section 1.3.1 for more information.) 12/07/11 5:00 PM

Mandatory Pre-Bid Conference (Refer to RFP Section 1.3.5 for more information.) Pre Registration Required

11/30/11 (Main Facility)

2:00 PM

Mandatory Site Visit (Refer to RFP Section 1.3.4 for more information.) Pre Registration Required

11/29/11 (Ancora) 11/30/11 (Minimum Unit Farm) 11/30/11 (Main Facility)

10:00 AM 10:00 AM 11:00 AM

Proposal Submission Due Date (Refer to RFP Section 1.3.2 for more information.) 01/24/12 2:00 PM

Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Division of Purchase and Property website.

Small Business Set-Aside

StatusNot Applicable

Entire Contract

Partial Contract

Subcontracting Only

Category

III III

RFP Issued By Using Agencies

State of New Jersey State of New Jersey Department of the Treasury Department of Corrections Division of Purchase and Property Trenton, New Jersey 08625-0230 Date: 10/25/11

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Table of Contents

1.0 INFORMATION FOR BIDDERS..................................................................................................................................................... 6

1.1 PURPOSE AND INTENT .......................................................................................................................................................... 61.2 BACKGROUND......................................................................................................................................................................... 71.3 KEY EVENTS ............................................................................................................................................................................ 7

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ....................................................................................................... 71.3.2 SUBMISSION OF PROPOSAL ......................................................................................................................................... 81.3.3 ELECTRONIC BIDDING (EBID) ....................................................................................................................................... 91.3.4 MANDATORY SITE VISIT ................................................................................................................................................ 91.3.5 MANDATORY PRE-PROPOSAL CONFERENCE......................................................................................................... 10

1.4 ADDITIONAL INFORMATION................................................................................................................................................. 101.4.1 ADDENDA: REVISIONS TO THIS RFP.......................................................................................................................... 101.4.2 BIDDER RESPONSIBILITY ............................................................................................................................................ 101.4.3 COST LIABILITY ............................................................................................................................................................. 111.4.4 CONTENTS OF PROPOSAL.......................................................................................................................................... 111.4.5 PROPOSAL OPENING ................................................................................................................................................... 111.4.6 PRICE ALTERATION IN HARD COPY PROPOSALS.................................................................................................... 111.4.7 BID/PROPOSAL ERRORS ............................................................................................................................................. 111.4.8 JOINT VENTURE............................................................................................................................................................ 121.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE ................................................................................ 121.4.10 PROPOSAL ACCEPTANCES AND REJECTIONS ..................................................................................................... 13

2.0 DEFINITIONS ............................................................................................................................................................................... 14

2.1 GENERAL DEFINITIONS........................................................................................................................................................ 142.2 CONTRACT-SPECIFIC DEFINITIONS ................................................................................................................................... 16

3.0 SCOPE OF WORK....................................................................................................................................................................... 19

3.1 GENERAL REQUIREMENTS ................................................................................................................................................. 193.1.1 MEAL COUNTS .............................................................................................................................................................. 193.1.2 DESCRIPTION OF BAYSIDE STATE PRISON FACILITY ............................................................................................ 20

3.2 MENU AND NUTRITIONAL REQUIREMENTS....................................................................................................................... 203.2.1 NUTRITIONAL QUALITY ................................................................................................................................................ 203.2.2 STANDARDS AND CERTIFICATION ............................................................................................................................. 203.2.3 MENU VARIETY/LEFTOVERS ....................................................................................................................................... 213.2.4 SUPPLEMENTAL FOOD ITEMS .................................................................................................................................... 213.2.5 STAFF MEALS................................................................................................................................................................ 213.2.6 AUTHORIZED BREAKS ................................................................................................................................................. 213.2.7 THERAPEUTIC AND MODIFIED DIETS ........................................................................................................................ 223.2.8 MENU CYCLE................................................................................................................................................................. 223.2.9 BREAKFAST ................................................................................................................................................................... 223.2.10 LUNCH AND DINNER................................................................................................................................................... 233.2.11 HOLIDAY AND SPECIAL MEALS................................................................................................................................. 233.2.12 BAG LUNCHES............................................................................................................................................................. 233.2.13 MEALS TO CONTRACTOR’S EMPLOYEES ............................................................................................................... 233.2.14 SPECIAL FUNCTIONS ................................................................................................................................................. 24

3.3 GENERAL PURCHASING SPECIFICATIONS ....................................................................................................................... 243.4 OPERATIONS ......................................................................................................................................................................... 25

3.4.1 GENERAL ....................................................................................................................................................................... 253.4.2 RECEIVING..................................................................................................................................................................... 263.4.3 STORAGE....................................................................................................................................................................... 263.4.4 FOOD STORAGE ........................................................................................................................................................... 273.4.5 STANDARDIZED RECIPES............................................................................................................................................ 283.4.6 FOOD PRODUCTION WORKSHEET AND SCHEDULES ............................................................................................. 283.4.7 HANDLING/HOLDING .................................................................................................................................................... 283.4.8 FOOD PRESENTATION ................................................................................................................................................. 283.4.9 TRANSPORTATION ....................................................................................................................................................... 29

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3.4.10 SAFETY AND SECURITY............................................................................................................................................. 293.5 OTHER REQUIREMENTS ...................................................................................................................................................... 30

3.5.1 EXISTING INVENTORY.................................................................................................................................................. 303.5.2 REPLACEMENT OF SMALL WARES ............................................................................................................................ 303.5.3 SUPPLIES, EQUIPMENT REPAIR AND REPLACEMENT ............................................................................................ 313.5.4 CAPITAL IMPROVEMENTS ........................................................................................................................................... 313.5.5 MEDIA CONTACTS - PROTOCOL................................................................................................................................. 323.5.6 POLICY AND PROCEDURE MANUALS ........................................................................................................................ 32

3.6 SANITATION ........................................................................................................................................................................... 323.6.1 MANUAL CLEANING AND SANITIZING ........................................................................................................................ 333.6.2 SANITIZING AND HOT WATER ..................................................................................................................................... 343.6.3 CHEMICAL SANITIZATION STRENGTH ....................................................................................................................... 343.6.4 MECHANICAL CLEANING AND SANITIZING................................................................................................................ 343.6.5. DRYING ......................................................................................................................................................................... 353.6.6 FOOD PROTECTION ..................................................................................................................................................... 353.6.7 FOOD PREPARATION ................................................................................................................................................... 363.6.8 EQUIPMENT AND UTENSIL SPECIFICATIONS ........................................................................................................... 373.6.9 GARBAGE AND REFUSE .............................................................................................................................................. 393.6.10 MATERIALS .................................................................................................................................................................. 403.6.11 MISCELLANEOUS........................................................................................................................................................ 413.6.12 INSPECTIONS .............................................................................................................................................................. 41

3.7 EMERGENCY SITUATIONS................................................................................................................................................... 423.7.1 CONTRACTOR RESPONSIBILITIES ............................................................................................................................. 423.7.2 EMPLOYEE RESPONSIBILITIES.................................................................................................................................. 433.7.3 FOOD CONTAMINATION.............................................................................................................................................. 433.7.4 PROCEDURE WHEN INFECTION IS SUSPECTED..................................................................................................... 43

3.8 QUALITY ASSURANCE PROGRAMS.................................................................................................................................... 443.8.1 FOOD CONTAMINATION............................................................................................................................................... 45

3.9 PERSONNEL ......................................................................................................................................................................... 453.9.1 GENERAL ...................................................................................................................................................................... 453.9.2 COMPLIANCE WITH LAWS AND DIRECTIVES ........................................................................................................... 453.9.3 PERSONNEL FILES ...................................................................................................................................................... 453.9.4 PERSONNEL HIRING/FIRING/STAFFING AND SCHEDULES .................................................................................... 453.9.5 BACKGROUND CHECKS............................................................................................................................................... 463.9.6 BADGES FOR VENDORS’ EMPLOYEES/ACCESS TO NJDOC BUILDINGS .............................................................. 463.9.7 STAFFING REQUIREMENTS........................................................................................................................................ 463.9.8 JOB DESCRIPTIONS .................................................................................................................................................... 473.9.9 SELECTION OF UNIT MANAGERS AND GENERAL MANAGER ................................................................................ 473.9.10 INMATE LABOR........................................................................................................................................................... 473.9.11 HEALTH/FOOD HANDLING REQUIREMENTS .......................................................................................................... 483.9.12 EMPLOYEE HEALTH .................................................................................................................................................. 493.9.13 PERSONAL CLEANLINESS ........................................................................................................................................ 493.9.14 ORIENTATION (40 HOURS) ........................................................................................................................................ 513.9.15 CONTINUING EDUCATION ......................................................................................................................................... 513.9.16 MANAGEMENT VISIBILITY DURING OPERATIONS .................................................................................................. 513.9.17 AVAILABILITY OF DIETITIAN ...................................................................................................................................... 52

3.10 CONTRACTUAL NON-COMPLIANCE.................................................................................................................................. 523.11 ADMINISTRATIVE RESPONSIBILITY.................................................................................................................................. 52

3.11.1 INMATE PAYROLL REPORTING REQUIREMENTS.................................................................................................. 523.12 DEPARTMENT AUDITS....................................................................................................................................................... 523.13 INSPECTIONS AND AUDITS .............................................................................................................................................. 523.14 CONTRACTOR PERFORMANCE – HEALTH DEPARTMENT ........................................................................................... 533.15 INSTITUTIONAL RESPONSIBILITIES................................................................................................................................. 533.16 INMATE/OTHER GRIEVANCES/COMPLAINTS ................................................................................................................. 533.17 ADMINISTRATIVE MEETINGS AND REPORTS................................................................................................................. 533.18 STATISTICAL DATA ............................................................................................................................................................ 543.19 ACCOUNTING AND PAYMENT OF INVOICES .................................................................................................................. 543.20 FUTURE LEGISLATIVE MANDATES OR COURT ORDERS.............................................................................................. 54

4.0 PROPOSAL PREPARATION AND SUBMISSION...................................................................................................................... 55

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4.1 GENERAL ............................................................................................................................................................................... 554.2 PROPOSAL DELIVERY AND IDENTIFICATION.................................................................................................................... 554.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION.............................................................................................................. 55

4.3.1 EBID SUBMISSION OF PROPOSAL.............................................................................................................................. 554.3.2 NON-EBID SUBMISSION ............................................................................................................................................... 55

4.4 PROPOSAL CONTENT .......................................................................................................................................................... 554.4.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH PROPOSAL ................................................. 564.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE PROPOSAL................................................................................................................................................................................................. 584.4.3 TECHNICAL PROPOSAL ............................................................................................................................................... 594.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE ..................................................................................................... 614.4.5 PRICE SCHEDULE/SHEET............................................................................................................................................ 64

5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS............................................................................................................ 65

5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS........................................................................ 655.2 CONTRACT TERM AND EXTENSION OPTION .................................................................................................................... 655.3 CONTRACT TRANSITION...................................................................................................................................................... 655.4 CONTRACT AMENDMENT .................................................................................................................................................... 655.5 CONTRACTOR RESPONSIBILITIES ..................................................................................................................................... 655.6 SUBSTITUTION OF STAFF.................................................................................................................................................... 665.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) ................................................................................................. 665.8 NEWS RELEASES.................................................................................................................................................................. 665.9 ADVERTISING ........................................................................................................................................................................ 665.10 LICENSES AND PERMITS ................................................................................................................................................... 675.11 CLAIMS AND REMEDIES..................................................................................................................................................... 67

5.11.1 CLAIMS ......................................................................................................................................................................... 675.11.2 REMEDIES.................................................................................................................................................................... 675.11.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS..................................... 67

5.12 LATE DELIVERY................................................................................................................................................................... 675.13 RETAINAGE.......................................................................................................................................................................... 675.14 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS ........................................................................................................ 67

6.0 PROPOSAL EVALUATION ......................................................................................................................................................... 69

6.1 RIGHT TO WAIVE................................................................................................................................................................... 696.2 DIRECTOR’S RIGHT OF FINAL PROPOSAL ACCEPTANCE............................................................................................... 696.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES ........................................................................................................ 696.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION ................................................................................................. 696.5 PROPOSAL EVALUATION COMMITTEE .............................................................................................................................. 696.6 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL.................................................................................... 706.7 EVALUATION CRITERIA ........................................................................................................................................................ 70

6.7.1 TECHNICAL EVALUATION CRITERIA .......................................................................................................................... 706.7.2 BIDDER’S PRICE SCHEDULE ....................................................................................................................................... 716.7.3 PROPOSAL DISCREPANCIES ...................................................................................................................................... 716.7.4 EVALUATION OF THE PROPOSALS ............................................................................................................................ 71

6.8 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)....................................................................................................... 716.9 COMPLAINTS ........................................................................................................................................................................ 72

7.0 CONTRACT AWARD................................................................................................................................................................... 73

7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD .................................................................................................. 737.1.1 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)........................................................... 737.1.2 SOURCE DISCLOSURE REQUIREMENTS................................................................................................................... 737.1.3 AFFIRMATIVE ACTION ................................................................................................................................................. 747.1.4 BUSINESS REGISTRATION ......................................................................................................................................... 74

7.2 FINAL CONTRACT AWARD ................................................................................................................................................... 747.3 INSURANCE CERTIFICATES ................................................................................................................................................ 747.4 PERFORMANCE SECURITY ................................................................................................................................................. 74

8.0 CONTRACT ADMINISTRATION.................................................................................................................................................. 75

8.1 CONTRACT MANAGER ......................................................................................................................................................... 75

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8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES................................................................................................... 758.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER ..................................................................................... 75

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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 Location CountyBayside State Prison Main Facility Route 47, Leesburg CumberlandBayside State Prison Minimum Unit/Farm Route 47, Leesburg CumberlandBayside State Prison Ancora Unit Spring Garden Road, Hammonton 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 State’s 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 programof 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 andrecycling 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.

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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 Public2. Enhancing Safety within Institutions3. Managing NJ’s Initiatives4. Expanding Treatment, Rehabilitation and Re-entry Services5. 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 $2,295,368.00Beverages (drink mixes, juice, coffee, tea bags) $153,791.00Dairy Products (milk, cheese, ice cream, yogurt & oleo margarine) $400,451.00Paper Products (paper towels, napkins, coffee filters) $15,000.00

Total: $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 Non-Kosher religious vegetarian meals.

1.3 KEY EVENTS

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential bidders via the web at http://ebid.nj.gov/QA.aspx.

Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the organization of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates.

Bidders must not contact the Using Agency directly, in person, by telephone or by e-mail, concerning this RFP.

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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 Division’s website after the cut-off date. (See RFP Section 1.4.1 for further information.)

1.3.2 SUBMISSION OF PROPOSAL

In order to be considered for award, the proposal must be received by the Purchase Bureau of the Division of Purchase and Property at the appropriate location by the required time. ANY PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED BELOW WILL BEREJECTED. THE DATE AND TIME ARE INDICATED ON THE COVER SHEET. THELOCATION IS AS FOLLOWS:

PROPOSAL RECEIVING ROOM – 9TH FLOORPURCHASE BUREAUDIVISION OF PURCHASE AND PROPERTYDEPARTMENT OF THE TREASURY33 WEST STATE STREET, P.O. BOX 230TRENTON, NJ 08625-0230

Directions to the Division are available on the web athttp://www.state.nj.us/treasury/purchase/directions.shtml.

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.

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1.3.3 ELECTRONIC BIDDING (EBID)

The Division is pleased to announce its electronic procurement modernization process. This RFP provides to the bidder the opportunity to electronically submit its proposal. A new electronic bidding – “eBid” – application is being made available to vendors to promote an easier, more efficient method to submit proposals.

On-line Electronic Bid Training Sessions:

Online electronic bid training for the eBid process is available on the web at https://wwwnet1.state.nj.us/treasury/dpp/ebid/. The bidder is strongly encouraged to utilize the on-line training session before attempting to submit an eBid. It will be the bidder’s responsibility to ensure that the eBid has been properly submitted.

1.3.4 MANDATORY SITE VISIT

Two (2) Mandatory Site Visits have been scheduled for this procurement on the dates and timeindicated on the cover sheet. The location of the Mandatory Site Visits will be as follows:

Bayside State Prison Ancora Unit, Spring Garden Road, Hammonton (Day 1), 11/29/11Bayside State Prison Minimum Unit/Farm, Route 47, Leesburg (Day 2), 11/30/11Bayside State Prison Main Facility, Route 47, Leesburg(Day 2), 11/30/11

It shall be the responsibility of the bidder to visit the sites and make an in-depth tour and inspection of each area to be serviced under the terms of this request for proposal. Following an award, the contractor shall be required to assume sole responsibility for the complete effort as required in this RFP. No special consideration shall be given after bids are opened because of the bidder's failure to be knowledgeable of all conditions existing at the site. By submitting a proposal, the bidder covenants and agrees that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligation and that it will not make any claim for, or have right to cancellation or relief without penalty of the contract because of any misunderstanding or lack of information.

Note: Pre-registration is required to attend the site visits. For each attendee, the individual’s name and name of the company represented must be provided to the NJDOC by email at no later than procurement@doc.state.nj.us 11/22/11.

Be aware that individuals attending the site visits will be required to go through security clearance. All attendees must have

• A photo ID; i.e., State drivers’ license• Not carry electronic equipment inside a NJDOC facility (i.e., cellular phones, pagers, etc.);

and not carry cash inside the facilities. All personal items (wallets, Etc.) should be left secured in vehicles and should not be brought into the NJDOC facilities.

Due to limited space at the facilities, only FOUR representatives from each bidder will be allowed to visit the sites. An attendee may represent no more than one potential bidding entity. The site visits will be conducted at Bayside State Prison Ancora Unit on (Day 1) and at the Farm Unit and the Ancora Unit, Leesburg on (Day 2), as indicated on the “Mandatory Site Visit” on the cover page of the this RFP.

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.

1.3.5 MANDATORY PRE-PROPOSAL CONFERENCE

The date, and time of the Mandatory Pre-Proposal Conference is indicated on the cover sheet. The location of the Mandatory Pre-Proposal Conference will be as follows:

Bayside State Prison Main Facility (Administrator’s Conference Room), Route 47, Leesburg at 2:00 PM (Day 2, following the Minimum Unit/Farm and Main Facility Site visits).

A proposal will be automatically rejected from any bidder that was not represented or failed to properly register at the Mandatory Pre-Proposal Conference.

An attendee may represent no more than one potential bidding entity.

The purpose of the Mandatory Pre-Proposal Conference is to provide a structured and formal opportunity for the State to accept questions from vendors regarding this RFP.

1.4 ADDITIONAL INFORMATION

1.4.1 ADDENDA: REVISIONS TO THIS RFP

In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP.

ALL RFP ADDENDA WILL BE ISSUED ON THE DIVISION OF PURCHASE AND PROPERTYWEB SITE. TO ACCESS ADDENDA, THE BIDDER MUST SELECT THE PROPOSALNUMBER ON THE WEB PAGE AT http://www.state.nj.us/treasury/purchase/bid/summary/bid.shtml.

There are no designated dates for release of addenda. Therefore interested bidders should check the Division’s "Bidding Opportunities" website on a daily basis from time of RFP issuance through proposal opening.

It is the sole responsibility of the bidder to be knowledgeable of all addenda related to this procurement.

1.4.2 BIDDER RESPONSIBILITY

The bidder assumes sole responsibility for the complete effort required in submitting a proposalin response to this RFP. No special consideration will be given after proposals are opened because of a bidder's failure to be knowledgeable as to all of the requirements of this RFP.

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1.4.3 COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and submittal of a proposal in response to this RFP.

1.4.4 CONTENTS OF PROPOSAL

Your proposal can be released to the public during the protest period established pursuant to N.J.A.C. 17:12-3.3, or under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (OPRA) or the common law right to know. As provided in N.J.A.C. 17:12-1.2(b):

Subsequent to bid opening, all information submitted by bidders in response to a bid solicitation is considered public information, notwithstanding any disclaimers to the contrary submitted by a bidder, except as may be exempted from public disclosure by OPRA and the common law.

Any proprietary and/or confidential information in your proposal will be redacted by the State. A bidder may designate specific information as not subject to disclosure pursuant to the exceptions to OPRA found at N.J.S.A. 47:1A-1.1, when the bidder has a good faith legal and or factual basis for such assertion. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the bidder accordingly. The location in the proposal of any such designation should be clearly stated in a cover letter. The State will not honor any attempt by a bidder to designate its entire proposal as proprietary, confidential and/or to claim copyright protection for its entire proposal. In the event of any challenge to the bidder’s assertion of confidentiality with which the State does not concur, the bidder shall be solely responsible for defending its designation.

By signing the cover sheet of this RFP, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State using agencies and cooperative purchasing partners and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 PROPOSAL OPENING

On the date and time proposals are due under the RFP, all information concerning the proposals submitted may be publicly announced and those proposals, except for information appropriately designated as proprietary and/or confidential, shall be available for inspection and copying. In those cases where negotiation is contemplated, only the names and addresses of the bidders submitting proposals will be announced and the contents of the proposals shall remain proprietary and/or confidential until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE ALTERATION IN HARD COPY PROPOSALS

Proposal prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a contract award from being made to the bidder.

1.4.7 BID/PROPOSAL ERRORS

In accordance with N.J.A.C. 17:12-2.11, “Bid Errors,” a bidder may withdraw its proposal as described below.

A bidder may request that its proposal be withdrawn prior to proposal opening. Such request must be made, in writing, to the Supervisor of the Bid Review Unit. If the request is granted, the

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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 bidder’s 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 bidder’s 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 bidder’s 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 TreasuryPurchase BureauPO Box 23033 West State Street – 9th FloorTrenton, New Jersey 08625-0230Attention: 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 bidder’s 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.

1.4.8 JOINT VENTURE

If a joint venture is submitting a proposal, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s proposal. Authorized signatories from each party comprising the joint venture must sign the proposal. A separate Ownership Disclosure Form, Disclosure of Investigations and Actions Involving Bidder form, and Affirmative Action Employee Information Report must be supplied for each party to a joint venture. NOTE: Each party comprising the joint venture must also possess a valid Business Registration Certificate (“BRC”) issued by the Department of Treasury, Division of Revenue prior to the award of a contract. Refer to Section 4.4.2.1 of this RFP.

1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State bidder whose state or locality maintains a preference practice for its bidders. For states having preference laws, regulations, or practices, New Jersey will use the annual surveys compiled by the Council of State Governments, National

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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.

1.4.10 PROPOSAL ACCEPTANCES AND REJECTIONS

The Director’s right to waive minor elements of non-compliance with bid specifications and N.J.A.C. 17:12-2.2 which defines causes for automatic bid rejection, apply to all proposals. In addition, pursuant to N.J.S.A. 52:34-12(a) and N.J.S.A. 52:18A-19 the Director retains the right to reject all bids if it is in the public interest.

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2.0 DEFINITIONS

2.1 GENERAL DEFINITIONS

The following definitions will be part of any contract awarded or order placed as result of this RFP.

Addendum – Written clarification or revision to this RFP issued by the Division of Purchase and Property.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Amendment – A change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Director, Division of Purchase and Property.

Bidder – An individual or business entity submitting a proposal in response to this RFP.

Contract – This RFP, any addendum to this RFP, and the bidder’s proposal submitted in response to this RFP, as accepted by the State.

Contractor – The bidder awarded a contract resulting from this RFP.

Director – Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey.

Division – The Division of Purchase and Property

Evaluation Committee – A committee established by the Director to review and evaluate proposals submitted in response to this RFP and to recommend a contract award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the State unless there is a change in the scope of work.

Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project.

May – Denotes that which is permissible, not mandatory.

Project – The undertaking or services that are the subject of this RFP.

Request for Proposal (RFP) – This document which establishes the bidding and contract requirements and solicits proposals to meet the purchase needs of the using Agencies as identified herein.

Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a proposal as materially non-responsive.

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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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2.2 CONTRACT-SPECIFIC DEFINITIONS

Container – A receptacle used to hold a liquid, solid or gaseous substance, such as bottles, bags, barrels, boxes, cans, cylinders, drums and shipping cartons.

Correction Officer – Any Depart of Corrections Custody Staff Member, including Custody Supervisors, Senior Correction Officers and Correction Officer Recruits who have been sworn as peace officers by taking the oath of office and completing Form 156-I “Oath of Office” as specified in N.J.A.C. 10A:3.

Corrosion-Resistant Materials – Those materials that maintain their sanitary characteristics under prolonged contact with food, the normal use of cleaning compounds and bactericidal solutions, and other conditions of the use environment.

Easily Cleanable – Surfaces are readily accessible and made of such materials and finishes and so fabricated that residue may be effectively removed by normal cleaning methods.

Employee – Individual having supervisory or management duties line and staff workers, and any other person on the payroll of the Contractor and/or food facility and/or performing duties for that facility.

Equipment – Items other than utensils used in the storage, preparation, display and transportation of food, such as stoves, ovens, hoods, slicers, grinders, mixers, meat blocks, tables, food shelving, reach-in refrigerators and freezers, sinks, ware-washing machines, ice makers, and similar items used in the operation of a food facility. This item does not include forklifts or dollies.

Food – Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

Food-Contact Surfaces – Those surfaces of equipment and utensils with which food normally comes into contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.

Food Facility – Any establishment or section of an establishment where food and food products are offered for sale and/or service to the ultimate consumer and intended for consumption.

Food Service Director – An individual under the supervision of an area level manager that is in charge of the economical and professional management of all functions, services and staff associated with the storage, preparation and service of all the daily food service operations at the institution and its satellite locations.

Food Service Equipment – All stoves, ranges, hoods, meat-blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, food transport vehicles and similar items, other than utensils, used in the storage, preparation, conveying or serving of food.

Food Service Worker – any person engaged in food handling or food contact surfaces. This title includes both staff and inmates assigned to carry out this function.

Full Minimum Custody Status – Those assigned to either:1. Work Details, jobs or programs outside the main correctional facility, (on or off the grounds

of the facility) with minimal supervision;2. A satellite unit or minimum security trailer unit; or

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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, odor-free 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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3.0 SCOPE OF WORK

The Contractor shall be responsible for all phases of the food service operations, and will provide three meals per day, medically prescribed therapeutic meals and snacks to those designated by these specifications. The Contractor must acquire, prepare, deliver and serve meals to the aforementioned mentioned facility and satellite units of the facility, however remote they are to the parent institution, at the per diem cost awarded through this RFP process.

In addition, the Contractor must accommodate any increases in the inmate population at the above referenced NJDOC facility. The cost for the provision of these additional meals shall be at the per diem rate in effect at the time of expansion. In the event there is a significant reduction in the inmate population, the Contractor will be required to continue to provide meal service at the contracted per-diem rate.

The Contractor must be aware that the NJDOC utilizes a number of serving methods throughout the department, including, decentralized feeding, central mess halls and in-cell feeding. The serving methods utilized at each location will be maintained by the vendor.

Any additional equipment required to implement the method of meal service must be provided by the Contractor at the Contractor’s cost. NJDOC will have the option to purchase the additional equipment upon termination of the contract, at a price agreed upon by the contractor and NJDOC. All warranties and guarantees on equipment purchased by the NJDOC shall be assigned to the State of New Jersey.

The Contractor must assume control of the entire food service operation located at Bayside State Prison. The program will consist of a 30 day transition period followed by a two (2) year contract with two (2), one year optional extension periods (if exercised). The NJDOC does not guarantee a specific number of inmates will be housed at the correctional facilities under consideration for this contract.

The BSP food service department will maintain food service operations during the transition period. At the conclusion of the transition period the BSP food service workers will be transferred to other NJDOC food service departments. The vendor will not be responsible for serving meals and will not be compensated by the NJDOC during the 30 day transition period prior to contract startup.

3.1 GENERAL REQUIREMENTS

Currently, the total daily meal demand volume at Bayside State Prison, including satellite locations, is estimated to be 7,620. This figure includes three meals daily for the inmate population (reference Appendix 6) and one meal per day, (lunch/dinner) per staff person. The State will not guarantee any minimum or maximum number meal volume.

Therapeutic diets comprise a small percentage of the overall meals served. The Contractor must prepare and provide these meals to the inmate population as required.

3.1.1 MEAL COUNTS

The Contractor shall use the actual inmate count given from the previous night, at approximately midnight, for billing purposes.

The NJDOC policy dictates that staff members may not bring food from an outside source into the institution. As such, policy currently provides one meal per institutional staff person during a

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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.

3.1.2 DESCRIPTION OF BAYSIDE STATE PRISON FACILITY

Site specific information regarding the staff meal count, inmate meal count inmate meal serving times and current number of inmate food service workers follows:

Staff Meal Count, Bayside State PrisonAverage Daily Staff Population 636One (1) Meal per day 636Seven (7) Days per Week 4,452

Inmate Meal Count, Bayside State PrisonAverage Daily Inmate Population 2,341Three (3) Meals per day 7,023Seven (7) Days per Week 49,161

Inmate Meal Serving Times, Bayside State PrisonBreakfast 6:30 AM – 7:00 AMLunch 12:15 PM – 12:45 PMDinner 4:00 PM – 4:30 PM

Inmate Food Service Workers, Bayside State PrisonMain Institution (kitchen) 110Main Institution (housing units) 120Minimum Unit/Farm 88Ancora Unit 51Total Inmates Employed 369

3.2 MENU AND NUTRITIONAL REQUIREMENTS

3.2.1 NUTRITIONAL QUALITY

The Contractor must adhere to the NJDOC menu development requirements. Menus submitted by the Contractor must provide all food and nutrients for well-balanced meals and must meet all NJDOC Policies and Procedures for Menu Development. All daily protein shall be comprised of high biological value type *(HBV).

*HBV is defined as plant or animal proteins which contain appropriate amino acids necessary for human nutrition.

3.2.2 STANDARDS AND CERTIFICATION

The Contractor’s menu must be submitted to the State Contract Manager and the NJDOC Consulting Dietitian 30 days prior to meal service for evaluation by a Registered Dietitian (R.D.), currently employed by the State. Menus submitted by the Contractor must be certified as “heart

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healthy” and maintain nutritional adequacy and compliance with NJDOC policies and proceduresand 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, plannedmenu 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.

3.2.3 MENU VARIETY/LEFTOVERS

NJDOC's central menus contain a level of variety, which has been deemed acceptable. The NJDOC retains the right to modify the Contractor’s menus for the purposes of diversity or nutritional content.

Leftovers will be minimized and not served if they are not consistent with the general quality standards cited above and regulatory agency requirements cited throughout these specifications. It should be noted that the Contractor must not serve leftovers in place of a regular menu item. Leftovers are only to be served as an enhancement to the regular menus.

3.2.4 SUPPLEMENTAL FOOD ITEMS

NJDOC policy permits inmates to bring a personal beverage container, no larger than one quart, into the inmate dining area with every meal to be filled upon exit and removed from the area. Please note that this beverage is in addition to that provided by the central menu. The Contractor must continue this practice by making coffee available in the dining area in the winter months. In the summer months coffee and a cold beverage must be made available. Please note, for housing units that contain feeding areas, the above guidelines for beverages also pertain.

3.2.5 STAFF MEALS

Staff meals are provided free of charge to the institutional employees. Therapeutic meals are not provided to staff. However, the Contractor must provide a salad bar, individual cold cereal, sugar substitute, sugar free cold drinks and a fresh fruit desert alternative to accommodate the dietary needs of employees.

In addition to providing meals to eligible NJDOC employees, as directed, the Contractor must provide meals to non-NJDOC state employees as directed by institutional administration. These meals will be the same meals provided to NJDOC staff. No modifications or enhancements other than those provided to NJDOC State employees will be permitted.

3.2.6 AUTHORIZED BREAKS

It is currently the practice of the NJDOC to provide authorized break commodities and materials to staff members. The Contractor must provide for authorized breaks by keeping the staff dining areas and staff administrative areas continuously supplied with the following:Coffee and tea;

• Ice for cold drinks in areas that demand it and/or have the facilities to implement coffee breaks;

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• Milk or half and half,• Sugar and sugar substitute;• Napkins;• Stirrers; and• Cups and all support materials.

3.2.7 THERAPEUTIC AND MODIFIED DIETS

The Contractor must prepare and provide modified diets, such as diabetic diets as ordered by medical staff on an on-going or as needed basis. These diet menus must be submitted to the NJDOC Registered Dietitian for evaluation. An up-to-date regular and modified diet manual with appropriate recipe cards and documentation must be provided by the Contractor to the NJDOC Dietitian and must be kept by the Contractor on site. Recipe cards and the modified diet manual must be available for review. The Contractor must comply with all special and modified diet needs. Other diets may be introduced as determined by the medical staff. Qualified dietitians (R.D.s) must be available to review physician’s orders and ensure that every inmate receives the correct medical diet as required. A registered dietitian on the Contractor's staff shall function as the liaison between the Contractor and the NJDOC registered dietitian employed by the Division of Operations, Field Services Unit.

Vegetarian meals, including Kosher/Halal, are to be provided, as required, by the Contractor. It should be noted that vegetarian diets are provided for religious purposes only and are not to be provided for medical purposes. These meals are to be provided at the contract per diem rate. The NJDOC cannot prepare Kosher meals in its production facilities. As such, the State currently has a contract with a private vendor to obtain prepared frozen, vegetarian kosher meals for service to the inmate population. These meals are provided in sealed, individual, plastic, compartmentalized containers and meet all dietary kosher requirements.

The Contractor must provide kosher vegetarian meals at the contract per diem rate of equal or better quality to ensure consistency with Judaic tenants and NJDOC policy.

Number of Religious/Medical Diets (number of meals prepared for the inmates), Bayside State PrisonVegetarian/Religious 14Renal 1Diabetic 68Allergy 92Kosher 0TOTAL 175

3.2.8 MENU CYCLE

Any changes or substitutions while in a menu cycle will be reported to the State Contract Managerat least one day before its submission as a menu item. The reason for substitutions will be noted in the report. The Institutional Administrator has the authority to change the day that a meal is served within the same week of the menu, i.e., chicken can be changed from a Sunday serving as designated on the menu to a Wednesday serving. The Institutional Administrator must give the Contractor one weeks’ notice in regard to switching the day a meal is to be served.

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 tosupply the inmate with a container or thermos.

3.2.10 LUNCH AND DINNER

Lunch and dinner meals must meet the following standards unless special, medical or religious diets are specified for the inmate.

Such foods as HBV protein, starch, hot vegetable, soup, dessert, bread, salad and dressing, coffee, cold drinks including milk and appropriate condiments shall constitute a lunch or dinner meal. At least two (2) hot meals per day are required.

The Contractor must permit inmates to fill a container or thermos (size must be one quart or under), with coffee, or a cold beverage in the summer months, to take out of the dining area during all three meals. It is not the responsibility of the Contractor to supply the inmate with a container or thermos.

3.2.11 HOLIDAY AND SPECIAL MEALS

Program Awareness Day (an institutional event when inmate visitors in attendance are served institutionally prepared food) meals occur annually and will be required to incorporate the satellite units. All food is prepared in the main kitchen and may be served in an alternate location. This meal will be an additional meal for that day. This meal will be incorporated in the per diem meal cost.

There are no special religious holiday meals; however, for Christmas, Ramadan, Passover, Rosh Hashanah, etc., the regular meal for the day is usually enhanced. Holiday meals are served on the following days:

A. New Years DayB. Memorial DayC. Independence DayD. Labor DayE. Thanksgiving DayF. Program Awareness Day (an institutional event when inmate visitors in

attendance are served institutionally prepared food).

The Contractor must submit their holiday meal menus to the NJDOC Central office dietitian for nutritional review, 30 days prior to serving for nutritional review. Holiday menus must be planned in conjunction with the NJDOC and approved by the Contract Manager.

3.2.12 BAG LUNCHES

Bag lunches for inmates in court, on work details, or not available for regular meal service, must be provided by the Contractor. Each bag lunch shall consist of two (2) sandwiches, each containing 2.5 oz. of protein, a piece of fruit, a dessert, one (1) package of potato chips or other snack chip and a beverage. The Contractor must vary (according to the requirements set forth in Section 4.4.3.4, Item no. 6) on the type of protein or other similar items in sandwiches to avoid repetition.

3.2.13 MEALS TO CONTRACTOR’S EMPLOYEES

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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.

3.2.14 SPECIAL FUNCTIONS

The Contractor must, upon request, provide food for special functions, as approved by the Institutional Administrator and the designated Contract Manager. Special functions include events such as: Ground breaking ceremonies, community affairs meetings, etc. An example of a menu for these functions is provided below:

Breakfast Meeting Set-UpCoffeeSet up for coffee, milk, sugar, etc.TeaJuice, OrangeWater pitcherDanish, donuts trayFresh Fruit Bowl

Dinner or Lunch Meeting¼ BBQ Chicken4 oz. Mashed Potato4oz. Summer Vegetables1 ea. Dinner Roll1 Pc. Cake8 oz. Coffee8 oz. Beverage

Food for these functions will be billed at a cost agreed upon between the NJDOC and theContractor. The agreed upon cost will include the cost for raw food, labor and food preparation. The Contractor must make every effort to keep the price as low as possible or if the food items are the same as provided for the normal meal service, the NJDOC will pay the contracted staff per diem rate per individual served.

Please note that the meal times for special functions may vary and may not coincide with regularly scheduled mess. The Institutional Administrator will give the Contractor 24 hours notice if the same meal is to be served for a special function and at least 48 hours notice if the Institutional Administrator requests a meal other than the regularly scheduled meal to be served for the special function. There will be no additional cost for this service beyond what is described above. The NJDOC retains the right to contract with another source for the provision of special function meals.

3.3 GENERAL PURCHASING SPECIFICATIONS

The Contractor must maintain the NJDOC approved FOOD SPECIFICATIONS, as a minimum, for all raw, canned, frozen, refrigerated or dry foods used in the preparation of meals. All changes to the food specifications must be approved by the NJDOC Registered Dietitian and the Quality Assurance Manager in writing. The current food specifications utilized by the NJDOC are available for review in Appendix 1.

The NJDOC reserves the right to randomly sample food products through another state agency or contractor.

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• 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.

3.4 OPERATIONS

3.4.1 GENERAL

The Contractor must establish and maintain, without exception, quality standards in keeping with the NJDOC quality standards. The Contractor must purchase, prepare, and serve tasty, appetizing, wholesome, nutritious foods and beverages under clean and sanitary conditions. Menu items, portions and service styles will conform to the needs of the clientele being served. The following minimum quality standards are to apply to any products served at or delivered from the NJDOC facilities covered by these specifications:

• All food is to be free from spoilage, adulteration, misbranding, and be safe for human consumption. Under no circumstances shall packaged foods be used after consumption date.

• Uncooked items such as fresh fruits are to be clean and free from blemishes.• All food is to be attractive in appearance and correct in temperature and in consistency.• All foods are to be crisp, moist, dry, tender, hot, cold, etc., as may be appropriate in each

case.

Failure to serve the approved menu to inmates and staff is very disruptive to a correctional facility. Therefore, running out of approved menu items will not be accepted or tolerated. If the Contractor runs out of the planned menu entrée, an acceptable substitution of greater or equal nutritional value must be served with no delay in meal service. The substitution must be approved by the Institutional Administrator and reported to the Contract Manager immediately with written reports detailing as to the reasons for the insufficient quantities.

Additionally, beginning with the second occurrence of a shortage in the planned menu entrée, and throughout the remainder of the contract, for each occurrence the Contractor must credit the NJDOC one-third of the per diem rate times the number of inmates and/or staff that received the substitute meal served at the facility. This assessment will be in the form of a direct credit to the NJDOC.

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. Failure to do so will be considered breach of contract and may be grounds for termination.

In addition to the above, whenever the Contractor runs out of a planned menu breakfast entrée the breakfast menu, detailed below, must be served within four (4) days to the entire inmate

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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 Lunch/Dinner4 oz. Orange Juice3 oz Bran Flakes4 oz Scrambled Eggs4 oz. Hash Browns4 oz. Beef Sausage2 s1./2 ea. Toast - Oleo/Jelly 1 cp/l cp Milk/Coffee6 ea. Sugar pack

6 oz. Sliced Roast Beef 4 oz. Mashed Potatoes6 oz. Seasoned Green Peas 1 ea. Fresh Fruit in Season8 oz. Beverage2 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 thirty-two 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.

3.4.4 FOOD STORAGE

Food, whether raw or prepared, if removed from the container or package in which it was obtained, is to be stored in a clean, covered container, except during necessary periods of preparation. Whole and unprocessed fresh raw vegetables and raw fruits are to be exempted from this requirement, Container covers are to be impervious to water and be non-absorbent. During periods of storage, sub-primal cuts of meat are to be covered with single-service wrapping material. Primal cuts, quarters, or sides of meat may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized metal racks in such a manner as to preclude contamination of any food products in storage.

Containers of food are to be stored a minimum of six (6) inches above the floor twelve (12) inches from walls and eighteen (18) inches below the ceiling, in a manner that permits easy cleaning of the storage area, or stored on dollies, racks or pallets, provided such equipment is easily movable either by hand or with the use of pallet-moving equipment that is on the premises and used.

Food and containers of food are not to be stored under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water may accumulate. Packages of food are not to be stored in contact with water or undrained ice. A bulk food ingredient that is not readily identified on sight is to be stored in a container identifying it by common name.

Toilet rooms and vestibules, locker rooms, changing rooms, and garbage or mechanical rooms are not to be used for the storage of food.

3.4.4.1 REFRIGERATOR STORAGE

Refrigeration units or effectively insulated units are to be provided to assure the maintenance of potentially hazardous food at required temperatures during storage.Potentially hazardous food requiring refrigeration after preparation is to be cooled to an internal temperature of 40 F or below. Potentially hazardous foods of large volume or prepared in large quantities are to be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling, or water circulation external to the food container so that the cooling period is not to exceed two (2) hours.

Shell eggs should be refrigerated at an air temperature not to exceed 40 F.

Frozen foods are to be kept frozen and should be stored at an air temperature of 0 F or below except for defrost cycles and brief periods of loading or unloading. Freezer compartments may not be turned off or allowed to remain open during extended periods of time such as inventory or organization of such compartments.

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Ice used as a cooling medium for food storage is not to be used for human consumption.

3.4.4.2 HOT STORAGE

Hot food storage units are to be provided to assure the maintenance of potentially hazardous food at the required temperature during storage. Where it is impractical to install thermometers on equipment such as heat lamps or insulated food transport carriers, a food product thermometer is to be available and used to check internal food temperature. These thermometers must conform to NJDOC standards.

The internal temperature of potentially hazardous food requiring hot storage is to be 135 F or above, except during necessary periods of preparation.

3.4.5 STANDARDIZED RECIPES

The Contractor must submit their standardized recipes to the NJDOC Registered Dietitian. These standardized recipes must be available for on-site review by the Contract Manager to ensure proper quality, consistency and portion control.

3.4.6 FOOD PRODUCTION WORKSHEET AND SCHEDULES

The Contractor must use food production worksheets and schedules or similar such documentation for the daily control of the menu, food production, labor, waste, theft, and forecasting.

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.

3.4.8 FOOD PRESENTATION

The following are Contractor performance requirements that the Contractor must abide by to ensure that all foods and beverages are presented in an appetizing and sanitary manner:

• The Contractor must ensure the general cleanliness of serving and dining areas.• The Contractor must clean each dining room's tables, chairs, surfaces and floors between

each meal period.• All food service employees, line servers, tray passers and anyone else dealing with the

public, inmates and staff must conform to high levels of courtesy and skill.• Condiment and beverage stands, as well as self-service stations in staff dining rooms

must be kept neat, clean, and free from spillage. The Contractor shall establish the location of the stands so that they facilitate traffic flow.

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• 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.

3.4.10 SAFETY AND SECURITY

The Contractor must comply with the following:• Maintain first aid equipment and supplies in all production and service areas. • The inspection of first aid supplies shall be added to the monthly report.• Comply with all regulations promulgated by the NJDOC, with regard to the food services

and all other areas of the Department.• Provide aprons (water and grease resistant) for the food service staff and inmate workers.• Comply with all applicable provisions of the Occupational Safety and Health Act of 1970,

as amended and as they apply to the NJDOC. • Provide security, in conjunction with DOC’s Corrections Officers, over its and the NJDOC

property under Contractor control, over supplies, foodstuffs, and over Contractor employer

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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 DOC’s Corrections Officers. All activities and supervision practices shall be consistent with Department of Correction’s Policy and the Institution’s procedures.

The Contractor’s management staff or supervisory staff must open, close and check the food service areas as required by the Institution. The Institution shall initially train Contractor’s 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.

3.5 OTHER REQUIREMENTS

3.5.1 EXISTING INVENTORY

The estimated value of the food inventory at Bayside State Prison is to be determined at the start of the contract. The monthly average food inventory is currently $166,554.00.

The Contractor has the option to purchase the existing food supply in the institution. Should the Contractor choose to exercise this option, they must notify the NJDOC within 3 weeks prior to assuming operational control and must buy anything that has a current shelf life including all unopened bats, tins, etc. The existing food supply will be sold, at cost, to the Contractor.

3.5.2 REPLACEMENT OF SMALL WARES

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The Contractor must provide all small wares, trays, and kitchen utensils that are not available at aspecific 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.

3.5.3 SUPPLIES, EQUIPMENT REPAIR AND REPLACEMENT

During the 30 day start up period, after contract award, the Contractor must examine all NJDOC owned equipment to be utilized and shall acknowledge in writing the condition of the equipment, i.e., working or not working (reference Appendix 3 Equipment Inventory). Any malfunctioning equipment shall be brought to the immediate attention of the NJDOC. NJDOC and the contractor will agree on all repairs needed for start up. All start up repairs will be financed by NJDOC.

In the event that the Contractor provides equipment, in addition to existing equipment, the NJDOC will have the option to purchase the equipment at the termination or expiration of the Contract at a price agreed upon by NJDOC and the contractor. Any costs to remove kitchen equipment by the contractor but not subsequently purchased by the NJDOC shall be the responsibility of the Contractor.

The Contractor must pay for all maintenance and repair costs of the food service equipment up to $15,000 per contract term.

The Contractor will be required to replace or repair the equipment or supplies, which are damaged beyond repair or destroyed by the Contractor's employee’s willful or negligent act or failure to act.The NJDOC must approve all equipment replacements prior to acquisition by the Contractor to ensure equipment of equal or greater value is purchased.

Random inspections of food service equipment will be performed by the NJDOC or its agents to verify that all food service equipment is in proper working condition.

The Contractor may request that NJDOC maintenance personnel perform needed repairs, but those repairs will be billed to the Contractor at 150% of the standard hourly rates for labor (to cover benefits, overhead costs, etc.) plus actual costs for parts and supplies. If the NJDOC informs the Contractor that the necessary repairs cannot be completed within a three-day period the Contractor may utilize another source to complete all necessary repairs. Entry into the facility will require security checks and appropriate identification prior to admission behind the secure perimeter.

The Contractor must maintain a routine preventive maintenance schedule for all food service equipment owned by the NJDOC or in operation at the facility.

3.5.4 CAPITAL IMPROVEMENTS

Any capital improvements deemed necessary by the NJDOC to the building structures or utilities associated with the provision of food services to the inmate populations and staff will remain the responsibility of the NJDOC.

Any capital improvements suggested by the Contractor shall be reviewed by the NJDOC to determine its value to the State. Each capital project presented to the State shall be evaluated on a case by case basis. Approved projects may be funded solely by the State, or the Contractor or

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the project may be funded as a joint venture. Funding determination will be at the sole discretion of the NJDOC.

3.5.5 MEDIA CONTACTS - PROTOCOL

The Contractor must comply with all NJDOC rules, regulations and policies regarding interaction with the media. The Contractor must receive prior approval from the NJDOC or its agents prior to releasing any information concerning events, occurrences or situations involving correctional facilities.

3.5.6 POLICY AND PROCEDURE MANUALS

The Contractor must provide facility specific policy and procedure manuals to cover all aspects of production, operations, personnel and sanitation. These policies and procedures must ensure that staff complies with all institutional security regulations, policies and procedures.

The Contractor must develop uniform policies and procedures that are designed to meet New Jersey Department of Health and Senior Services (DHSS) standards as well as existing NJDOC policies within three (3) months of the beginning of the contract. All proposed policies are subject to final approval of 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 Contractor’s 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 InstitutionalAdministrator.

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.

3.6.1 MANUAL CLEANING AND SANITIZING

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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.

3.6.2 SANITIZING AND HOT WATER

When hot water is used for sanitizing, the following equipment is to be used:

• 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.

3.6.3 CHEMICAL SANITIZATION STRENGTH

When chemicals are used or must be used for sanitization, they are not to have concentrations higher than the maximum permitted under 21 CFRS 178.1010, and a test kit or other device that measures the parts per million concentration of the solution is to be used.

3.6.4 MECHANICAL CLEANING AND SANITIZING

Cleaning and sanitizing may be done by spray-type or immersion ware-washing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices are to be properly installed and maintained in good repair. Machines and devices are to be operated in accordance with the manufacturer's instructions, and utensils and equipment placed in the machine are to be exposed to all ware-washing cycles.

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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˚ FFinal 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.

3.6.5.1 WIPING CLOTHS

Moist cloths for wiping food spills on food-contact surfaces of equipment are to be clean and rinsed frequently in an approved sanitizing solution and used for no other purpose.

3.6.6 FOOD PROTECTION

3.6.6.1 FOOD PROTECTION

Food is to be in sound condition, free of filth and all contamination, and safe for human consumption. Food is to be obtained from sources that comply with all Federal, State and local laws relating to feed and food labeling. Home-prepared food will not be used. Use of food products purchased, canned, packed or shipped from other nations under trade embargos with the United States, (South Africa, Cuba, etc.), is strictly forbidden.

At all times, including while being stored, prepared, displayed, dispensed, packaged, or transported, food is to be protected from cross-contamination between foods and from potential contamination by all agents, including dust, insects, rodents, unclean equipment and utensils, probe-type price or identification tags, unnecessary handling, coughs and sneezes, oozing sores, flooding, draining, and overhead leakage or condensation. The temperature of potentially hazardous food is to be 40 F or below 145 F or above, at all times, except as otherwise provided in these specifications. Hermetically sealed packages are to be handled so as to maintain container integrity. Food items that are spoiled or damaged and those which have been returned to, or are being detained by, the food facility because of spoilage, damage, or other public health considerations, unless promptly disposed of, are to be segregated and held in designated areas pending final disposition.

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.

3.6.7.1 RAW FRUITS AND VEGETABLES

Raw fruits and vegetables that will be cut or combined with other ingredients or will be otherwise processed into food products by the food facility are to be thoroughly cleaned with potable water before being used. The Contractor is encouraged to purchase Jersey Fresh products whenever possible.

3.6.7.2 COOKING POTENTIALLY HAZARDOUS FOODS

Potentially hazardous foods being processed within the food facility by cooking are to be cooked to heat all parts of the food to a temperature of at least 135 F, except that:

• Poultry, poultry stuffings, stuffed meats and stuffings containing meat, are to be cooked to heat all parts of the food to at least 165 F with no interruption of the cooking process.

• Rare roast beef is to be cooked to an internal temperature of at least 135 F.• Ground beef (hamburgers) are to be cooked to an internal temperature 155 F.

3.6.7.3 BAKERY PRODUCT FILLINGS

Custards, cream fillings and similar products, including synthetic fillings, are to meet the proper temperature requirements. Synthetic filled products may be excluded from this requirement if:• The food, including the interface between the bakery product and its filling, has pH level of 4.6

or below or a water activity (Aw) value of 0.85 or less;or,

• It is handled in such a manner as to preclude contamination with and thegrowth of pathogenic microorganisms after heating and processing, or other scientific evidence is on file with the regulatory agency demonstrating that the specific product will not support the growth of pathogenic microorganisms. These synthetic filled products may be labeled to state that refrigeration is not required.

3.6.7.4 REHEATING AND RETHERMALIZATION

Potentially hazardous foods that have been cooked and then refrigerated are to be reheated rapidly to an internal temperature of 165 F or higher before being placed in hot food storage holding units. Food warmers and other hot food holding units are not to be used for the rapid reheating of potentially hazardous foods.

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3.6.7.5 FOOD PRODUCT THERMOMETERS

Metal, stem-type, numerically scaled or digital, indicating thermometers are not acceptable for use. Fast response thermocouple type thermometers with an accuracy of + 3 degrees are to be used to assure attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods. These thermometers must conform to NJDOC standards and receive approval from the Institutional Administration prior to use.

3.6.7.6 THAWING POTENTIALLY HAZARDOUS FOODS

Potentially hazardous foods are to be thawed:• In refrigerated units at a temperature not to exceed 40 F; or,• Under potable running water of a temperature of 70 F or below, with sufficient water velocity to

agitate and float off loose particles into the overflow; or,• In a microwave oven only when the food will be immediately transferred to

conventional cooking units as part of a continuous cooking process or• When the entire, uninterrupted cooking process takes place in the microwave oven; or,• As part of the conventional cooking process.

3.6.7.7 ADVANCED PREPARATION FOODS

Food prepared in the main production kitchen is to be held in a bulk state in a food bank at an internal temperature of between 28˚ F and 32˚ F.

3.6.7.8 FROZEN FOODS

Foods intended for use in a frozen state should be stored at an air temperature of 0˚ F or below except for defrost cycles and brief periods of loading or unloading. Frozen foods are to be stored according to manufacturer's specifications.

3.6.8 EQUIPMENT AND UTENSIL SPECIFICATIONS

Multi-use equipment and utensils are to be constructed and repaired with safe materials including finishing materials. They are to be corrosion resistant and non-absorbent, and are to be smooth, easily cleanable, and durable under conditions of normal use. Single-service articles are to be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles are not to impart odors, color or taste, nor contribute to the contamination of food.

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 baker’s 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.

3.6.8.4 SINGLE-SERVICE ARTICLES

Single-service articles are to be stored in closed cartons or containers at least six inches above the floor or on easily movable dollies, racks, or pallets. Such storage is to protect the articles from contamination and is not to be under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water may accumulate.

Single-service articles are to be handled in a manner that prevents contamination of surfaces that may come in contact with food. Single-service articles are not to be re-used under any circumstances.

Moist cloths used for cleaning non-food-contact surfaces of equipment are t be clean and rinsed and used for no other purpose. These cloths are to be stored in the sanitizing solution between uses.

3.6.8.5 EQUIPMENT AND UTENSIL HANDLING AND STORAGE

3.6.8.5.1 HANDLING

Cleaned and sanitized equipment and utensils are to be handled in a way that protects them from contamination.

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.

3.6.8.5.3 CLEANING EQUIPMENT STORAGE

Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment are to be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and are to be stored in an orderly manner to facilitate the cleaning of that storage location. Clean mop heads must be used daily for cleaning floors.

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3.6.8.5.4 PROHIBITED STORAGE AREAS

Food equipment, utensils or single-service articles are not to be stored in locker rooms, toilet rooms and vestibules, and garbage or mechanical rooms.

3.6.9 GARBAGE AND REFUSE

Garbage and refuse are to be held in durable, easily cleanable, insect-proof, and rodent - proof containers that do not leak and do not absorb liquids. Durable plastic garbage and refuse containers may be used for storage inside the food facility. Containers used in food-preparation and utensil-washing areas are to be kept covered except when being loaded with debris.

Containers stored outside the establishment, including dumpsters, are to be easily cleanable, are to be provided with tight-fitting lids, door, or covers, and are to be kept covered when not in actual use. If containers are designed with drains, drain plugs are to be in place at all times, except during cleaning. There is to be a sufficient number of containers to hold all the garbage and refuse that accumulate.

Soiled containers are to be cleaned frequently to prevent insect and rodent attraction. Each container is to be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food-preparation areas.

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 NJDOC’s responsibility.

3.6.9.3 INSECT AND RODENT CONTROL

The Contractor must provide extermination services in areas under their control. Effective measures are to be utilized to minimize entry and presence of rodents, flies, cockroaches, or other insects. The premises are to be maintained in a condition that prevents the harborage or feeding of insects or rodents. The Contractor's plan for providing extermination must meet with the approval of the Institutional Administrator and the Contact Monitor. Please be aware that all extermination schedules must be coordinated with the institution to ensure compliance with security regulations and schedules.

3.6.9.4 RESOURCE MANAGEMENT AND RECYCLING

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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• PaperThe 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 athttp://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.

3.6.10.4 FIRST-AID SUPPLIES AND PERSONAL MEDICATION

First-aid supplies and personal medications are to be stored in a way that prevents them from contaminating food and food-contact surfaces. The Contractor must administer first aid to any employee or inmate in the event of a medical emergency until appropriate medical attention can be provided by DOC security. The Contractor must have a plan to accommodate employee andinmate medical emergencies at the inception of the Contract.

3.6.11 MISCELLANEOUS

3.6.11.1 LINENS AND WORK CLOTHES STORAGE

Clean work clothes and linens are to be stored in a clean place and are to be protected from contamination until used.

Soiled work clothes and linens are to be kept in non-absorbent containers or washable laundry bags until removed for laundering and are to be stored to prevent contamination of food equipment and utensils.

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.

3.6.12.1 EXAMINATION OF FOOD

Food may be examined or sampled by The NJDOC or its agents for the purpose of determining compliance with these bid specifications. The NJDOC or its agents may, upon written notice to the Contractor, specifying in detail the reasons thereof, place a hold order on any food that it has reason to believe is in violation of any section of the Chapter 24 health codes and may pose a health hazard to the inmates or staff. The Contractor must tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order is to be used, sold, or moved from the facility without permission from the NJDOC.

The Contractor must hold one complete sample of each meal for a 72 hour period. The sample meals should be frozen and labeled as to the contents and the time and date that the meal was served. The NJDOC or its agents has the authority to inspect the sample meals to ensure that they meet the specified requirements. The NJDOC is to permit storage of food under conditions specified in the hold order, unless storage is not possible without risk to the consumer, in which case immediate destruction will be ordered and accomplished.

3.7 EMERGENCY SITUATIONS

3.7.1 CONTRACTOR RESPONSIBILITIES

In the event of lock downs, riots, fire, power failure, or other man-made or natural events that would hinder the normal operation of the institution(s), the Contractor must provide food service to BSP Main Facility and the Farm and Ancora Units for up to THREE (3), days without any additional costs to the NJDOC. In the event of a power failure, the NJDOC will make every attempt to restore power to the refrigeration storage areas as quickly as possible. The NJDOC will not be responsible for any costs associated with loss of food due to power failures, floods, fires,

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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.

3.7.1.1 STATE RESPONSIBILITIES

The NJDOC does not guarantee an uninterrupted supply of water, gas, electricity, steam, telephone, heat or air conditioning. However, the Department shall be diligent in restoring service following an interruption.

3.7.2 EMPLOYEE RESPONSIBILITIES

The Contractor must train all employees to respond to fire, civil defense, bomb threats, and other emergencies based on procedures established by the NJDOC at each correctional facility.

All NJDOC facilities conduct in-house training as part of the orientation program for new employees. These programs vary in length and complexity depending on the security level of the institution. Contractor employees must attend this orientation program. The Contractor must pay for employee's salaries during attendance at these programs and such costs shall be included in the per diem rate. The NJDOC will provide the actual training at no cost to the Contractor. The Contractor must coordinate with the NJDOC to ensure that all of their employees have been properly trained. All contracted employees must be trained within 30 days from date of hire. The Contractor must provide NJDOC with listings of employees to be trained and employees that have been trained. Updated listings are to be provided to NJDOC as appropriate.

3.7.3 FOOD CONTAMINATION

If the food facility is affected by any of the following, the Contractor will take such action as is necessary to protect the consumer:

• Fire• Flood• Extended power shortage, and/or• Any significant occurrence that creates a reasonable probability that may have been

contaminated.

Should any food contamination occur, the Institutional Administration and Contract Manager are to be notified promptly.

3.7.4 PROCEDURE WHEN INFECTION IS SUSPECTED

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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.

• Restriction of the Contractor's employee(s) services to some area of the establishment where there could be no danger of transmitting disease.

• The provision of medical examinations and/or laboratory tests of the Contractor's employee(s) to determine the nature of the medical condition, whether the condition is communicable and to determine if the employee(s) in question will be able to return to work without danger of transmitting the disease.

• 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.

3.8 QUALITY ASSURANCE PROGRAMS

The Contractor must develop Quality Assurance (QA), programs. These programs will assist with and ensure compliance with the standards and overall provisions of the Contract for food services.

The Contractor must have a Quality Assurance Program in place that complies with mandatory health codes, and security regulations. The Quality Assurance Program will be supervised by regional staff from the Contractor and be fully coordinated with the NJDOC and its agents.

The Contractor, using on-site and corporate support personnel, must establish and execute a quality assurance program. Quality assurance measures, by the on-site Contractor personnel will be applied daily. Quality assurance audits/inspections by corporate support personnel will be conducted on an unannounced basis at least monthly. Reports of the corporate quality assurance audits will be provided to the Contract Manager and the Institutional Administration within fifteen (15) days of the completion of the audit. The Contractor must provide any other reports, information or data as required by the NJDOC to ensure quality assurance standards are being achieved.

The NJDOC, under the auspices of the Office of the Commissioner, will provide its own Quality Assurance Program that the DOC can monitor to insure compliance with State and Federal standards, regulations and codes. In addition, the NJDOC reserves the right to utilize the services of an independent, outside agency or firm to conduct occasional unannounced quality

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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. Ensure the receipt of acceptable services;2. Identify areas where correction may be needed;3. Provide the basic information necessary for contract enforcement; and4. Provide data for consideration regarding any future modifications of the contract. 5. Assess the performance of the Contractor.

3.8.1 FOOD CONTAMINATION

The final arbiter in the resolution of all disputes, complaints, or grievances concerning the provision of food services as detailed in this document will be the Division of Purchase and Property.

3.9 PERSONNEL

3.9.1 GENERAL

The Institutional Administrator or designee shall be involved in the interviewing process for the Institutional Food Service Director, and Assistant Director (or similar title). The final selection of all employees or subcontractors shall be subject to approval of the NJDOC and the Contract Manager. The Contractor shall ensure that its staff complies with all terms of the contract specifications. If the NJDOC determines the demeanor or performance of a Contractor's employee in any way creates a risk or will create a risk to security of the institution, that employee shall be removed immediately upon demand by the NJDOC.

It is suggested that an on-site visit to the Institution should be made by screened candidates prior to employment. Initial and Continued Employment of staff shall be subject to approval of NJDOC.

3.9.2 COMPLIANCE WITH LAWS AND DIRECTIVES

All personnel and subcontractors shall comply with current and future state, federal, and local laws and regulations, court orders, Department rules, administrative directives, institutional directives, and policies and procedures of the NJDOC and the Institution.

3.9.3 PERSONNEL FILES

The Contractor must keep all personnel files of all subcontractors and contract employees on file at the institution. The files shall be made available in the Food Service Department to the Institutional Administrator or designee. The NJDOC reserves the right to review upon demand, any credentials obtained by the Contractor and to conduct further investigation as deemed necessary.

3.9.4 PERSONNEL HIRING/FIRING/STAFFING AND SCHEDULES

1. All hours shall be spent on-site at the Institution, except as otherwise expressly agreed to by

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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.

3.9.5 BACKGROUND CHECKS

The NJDOC will be responsible to make all necessary background checks. The NJDOC will conduct comprehensive background investigations on all of the Contractor's employees and employees of subcontractor's who will be working in a correctional facility. The checks will include: Social Security Number, DOB, SBI, FBI and Fingerprinting. The NJDOC reserves the right to refuse to allow the Contractor to hire individuals who do not pass the security checks for employment in the State of New Jersey correctional facilities. It should be noted that employees of the Contractor not working in correctional facilities are not required to have the above referenced background checks.

3.9.6 BADGES FOR VENDORS’ EMPLOYEES/ACCESS TO NJDOC BUILDINGS

The Contractor must ensure that all employees are properly identified by devices such as badges as may be prescribed by NJDOC. Such identification does not permit access to any building, facility, or activity of NJDOC except as expressly permitted. The Contractor must ensure that identification devices issued by NJDOC are returned within 24 hours of termination and/or permanent transfer of any employee.

3.9.7 STAFFING REQUIREMENTS

The following details the staffing requirements that must be adhered to by the contractor:

• Maintain and furnish to the NJDOC an up-to-date organizational chart showing graphically the Contractor's on-site organization, which is designated to accomplish the work prescribed. The chart will include the names of all principal and/or key personnel by activity assigned. In addition, the Contractor must provide an organizational chart per institution, which details inmate food service worker positions. These positions should correspond to the minimum/maximum number of inmate workers, which must be employed as detailed on the following page. The chart will be reviewed and updated as needed, annually as a minimum.

• During the 30 day mobilization, the contractor must demonstrate how they will provide for the training and supervision of employees. The Contractor must also demonstrate how they will provide for the training, utilization and supervision of inmates. The Contractor is not permitted to assign inmates to any type of supervisory position. The Contractor must have enough employees to reasonably control/supervise inmates and keep the food serving and production areas secure. The NJDOC reserves the right to determine whether there is enough supervision.

• 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 on-site 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.

3.9.8 JOB DESCRIPTIONS

The Contractor must establish competency criteria subject to approval by NJDOC and employ food service personnel to meet those criteria.

Job or position descriptions are to be developed by the Contractor and approved by NJDOC and used for all employees. At a minimum, job descriptions will establish duties, skill and knowledge, and responsibility required for each type of employee (e.g., Basic Food Service Worker, Cook's Helper, Cook, etc.).

Competency levels will be maintained by hiring competent managerial staff and by providing an on-going training program. Details of the training program are to be submitted to the Department of Corrections for approval prior to operational take over.

3.9.9 SELECTION OF UNIT MANAGERS AND GENERAL MANAGER

The NJDOC, through its Contract Manager at each facility, is to have the right to approve the selection of any on-site Unit Manager or General Manager of the Contractor.

The NJDOC, however, does not thereby assume or share the Contractor's responsibility for the performance of such individuals.

3.9.10 INMATE LABOR

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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) – 110Main Institution (housing units) - 120Minimum Unit/Farm - 88Ancora 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.

3.9.11 HEALTH/FOOD HANDLING REQUIREMENTS

The Contractor must comply with applicable State of New Jersey regulations or other jurisdictional

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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.

3.9.12 EMPLOYEE HEALTH

No person with any of the following is to work in a food facility in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces:

• A communicable disease that can be transmitted by foods;

• A boil;• Infected or oozing wound(s); and/or

• Acute respiratory infection.

3.9.13 PERSONAL CLEANLINESS

Employees are to thoroughly wash their hands and the exposed portions of their arms with antibacterial soap or detergent and warm water as follows:

• Before starting work;• During work as often as is necessary to keep them clean;

• After smoking, or eating;• After using the toilet;

• After handling raw meat or poultry; and• Any other time when there might be a concern for cross contaminating raw and cooked products.

Employees are to keep their fingernails trimmed and clean. A comprehensive training program for infection control and proper hand washing techniques must be implemented and monitored.

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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3.9.13.2 EMPLOYEE PRACTICES

Employees are to consume food only in designated areas. An employee eating area is not to be so designated if consuming food there may result in contamination of other food, equipment, utensils, or other items needing protection.

Employees are not to use tobacco in any form while engaged in any food-handling operations, nor while in the ware washing or food-preparation areas. Employees are to use tobacco only in designated areas. An employee tobacco-use area is not to be designated for that purpose if the use of tobacco there may result in contamination of food, equipment, utensils, or other items needing protection. It should be noted that smoking is not permitted inside any state facility or building. All employees are expected to adhere to this policy and repeated violations shall result in termination of the employee.

Employees are to maintain a high degree of personal cleanliness and are to conform to good hygienic practices during all working periods. In addition, all employees must conform to New Jersey Health Code Chapter 24 inclusive with regard to this issue, (Located at http://www.nj.gov/health/eoh/documents/chapter24_effective_1207.pdf).

If the NJDOC determines the demeanor or performance of a Contractor's employee in any way creates a risk or will create a risk to security of the institution, that employee shall be removed immediately upon demand by the NJDOC.

All employees of the Contractor as well as supervised NJDOC employees and/or inmates must maintain the highest standards of personal hygiene, appearance and conduct including but not limited to the following:

1. The Contractor must provide hair nets or head coverings, or both, facial hair coverings and plastic/rubber gloves when appropriate will be utilized in accordance with New Jersey and/or other applicable jurisdictions' public health standards;

2. The Contractor must ensure that all water closets and hand-washing areas are kept clean and properly supplied;

3. Employees shall not smoke in food handling, storage, production, serving, or dining areas. Smoking is prohibited in any NJDOC building;

4. Employees shall eat only in designated areas, not in the kitchen;5. 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;6. Employees shall park only in designated areas at each facility as may be provided by the

NJDOC; and 7. All employees of the Contractor shall be courteous, helpful, and cheerful when dealing with

the corrections staff and inmates.

3.9.13.3 MEDICAL EXAMINATIONS

The Contractor must ensure that all employees, including managers and supervisors, who prepare, handle, serve, transport or store food; or supervise employees who prepare, handle, serve, transport or store food in any way or have any contact with food have pre-employment and annual medical examinations consisting of:

1. Physical examination2. Stool examination for ova, parasites, and culture3. Observation of skin for lesions and/or rashes4. Tuberculin skin test

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5. Hepatitis Testing6. 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 work2. Once annually at a minimum3. 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.

3.9.14 ORIENTATION (40 HOURS)

The NJDOC requires and provides orientation for all employees working in a correctional facility. This orientation provides information on correctional facility policies and procedures (see Appendix 5), and general information on Inmate Rights, Fire Safety, etc. The Contractor must arrange these sessions within 30 days of beginning the contract and within 30 days for newly assigned individuals. These sessions should be arranged with the Institutional Administrator.

3.9.15 CONTINUING EDUCATION

The Contractor must comply with all management in-service and educational requirements necessary to establish and maintain a management structure and work-force fully conversant with all food service rules and regulations be they from Industry, State or Federal Government.

Areas of training will include: general orientation, receiving, storage, inventory control, food preparation/ production/holding, assembly, transport, food-borne illness, time and temperature controls, food safety, sanitation, hygiene, safety, first aid, and basic food handling practices. The Contractor must develop and maintain an annual training plan subject to approval by the NJDOC and/or its agents. The plan must be submitted to the NJDOC within 30 days of the contract start-up day.

3.9.16 MANAGEMENT VISIBILITY DURING OPERATIONS

The Contractor must have identifiable managerial representation in the food production areas as well as the inmate dining areas at all times when food is being prepared, when the meal is being assembled and during meal service.

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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.

3.9.17 AVAILABILITY OF DIETITIAN

The Contractor must provide a dietitian who will be available Monday through Friday, from 9 am through 5 p.m. to calculate those medical diets ordered and not covered by the approved special and medical diet manual. The Dietitian shall be certified by the American Dietetic Association (ADA-RD.) and registration information shall be subject to review by the NJDOC. These Dietitians will work in concert with the Registered Dietitian employed by the NJDOC Division of Operations, Field Services Unit.

Contractor's corporate dietitian or food standards personnel shall visit the test site on a quarterly basis and review cycle and therapeutic menus and observe food production and handling techniques. These reviews and observations will be reported to the Institutional Administration and the NJDOC designated Contract Manager by the food standards personnel in writing within fifteen (15) days of the site visit.

3.10 CONTRACTUAL NON-COMPLIANCE

Failure to comply with any of the aforementioned items may be considered a breach of contract and in which case, will be cause for complaint, resulting in the filing of a formal complaint (PB-36 form) to the State of new Jersey, Department of the Treasury, Division of Purchase & Property, Contract Compliance and Administration Unit (CCAU).

3.11 ADMINISTRATIVE RESPONSIBILITY

3.11.1 INMATE PAYROLL REPORTING REQUIREMENTS

Inmates under the supervision of the Contractor will be paid by the NJDOC. However, it is the responsibility of the Contractor to maintain accurate records detailing the hours worked by the individual inmates. These records will be submitted to the Institutional Business Office on a weekly basis.

In addition, it will be the responsibility of the Contractor to evaluate the effectiveness of individual inmate employees for classification and pay scale increases. Evaluation criteria will be provided by the institution.

3.12 DEPARTMENT AUDITS

The NJDOC will conduct its own accounting audits. In addition, the NJDOC reserves the right to utilize the services of an independent, outside agency or firm to conduct occasional unannounced accounting audits.

3.13 INSPECTIONS AND AUDITS

Contractor provided food services are to be inspected and audited to comply with State and Federal requirements. Inspections and audits may be done by the Contractor, by local and

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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.

3.14 CONTRACTOR PERFORMANCE – HEALTH DEPARTMENT

The New Jersey Department of Health and Senior Services will continue to conduct sanitation and Chapter 24 inspections of the food service facilities. Any deficiencies noted must be remediated by the Contractor.

The Contractor is to maintain a "satisfactory" rating from the NJ DHSS at all times. In the event that conditional or unsatisfactory inspection ratings are imposed the Contractor will remain responsible for providing all aspects of the services as outlined in these specifications.

If the Contractor commits any act or omission at a facility, which results in a statement of deficiency against the NJDOC for failure to comply with NJ Health Department regulations, the Contractor will have 45 days to remediate the deficiencies. At the end of the 45-day period, the NJ DHSS will re-inspect the facility. In addition, any fines or sanctions imposed upon the NJDOC will be the responsibility of the Contractor.

3.15 INSTITUTIONAL RESPONSIBILITIES

NJDOC will provide the Contractor with office space, facilities designated by NJDOC, and utilities, to enable the Contractor to perform its obligations and duties under contract.

The Contractor will be provided with telephones as they exist in all areas associated with food production to have calling ability within the institution for staff and security. Phone services and calling ability outside the institution will be incumbent upon the contractor.

3.16 INMATE/OTHER GRIEVANCES/COMPLAINTS

The Contractor is required, as part of the bid response to develop a system for remediating inmate/staff complaints or grievances. As part of the system, the Contractor is required to designate personnel at the institution to accommodate inmate/staff complaints or grievances. Any grievances or complaints, of which the Contractor is made aware, either verbally or in writing, must be conveyed to the designated NJDOC Contract Manager within 24 hours. The Contractor is also required to maintain monthly statistics of complaints or grievances filed at the institution including those with and without merit. NJDOC shall reserve the right to review any inmate complaint and review the Contractor's actions. The Contractor must implement NJDOC recommendations in disputed cases. If any NJDOC require recommendation that would increase the cost to the contract, it will be negotiated with contractor prior to implementation.

Additionally, the Contractor must provide timely investigation and reports for all complaints and inquiries not only at the institutional level, but for those received from various sources by the Commissioner and other Administrative Offices of NJDOC. In all such cases, the NJDOC has the final authority to resolve such complaints.

3.17 ADMINISTRATIVE MEETINGS AND REPORTS

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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.

3.18 STATISTICAL DATA

The Contractor shall be required to keep statistical data related to historical meal counts, provision of therapeutic diets to individual inmates, equipment repair and replacement and any other data deemed appropriate by the NJDOC. The NJDOC may require the preparation of statistical reports on a monthly or as-needed basis. The Contractor shall also provide a narrative monthly report delineating the status of the food service program, which also identifies potential problems and discusses their resolution. A complete annual report of utilization statistics and narrative summary delineating accomplishments of the Contractor shall also be provided on a fiscal year basis.

3.19 ACCOUNTING AND PAYMENT OF INVOICES

Contractor shall be paid monthly, based upon the daily inmate count provided by the NJDOC. NJDOC will provide the daily inmate count, as of 12:00 midnight, for each day of the contract period. This count will be multiplied by the “Fully loaded Per Diem price to provide one inmate with three meals” as bid, to derive the daily cost of services. The daily cost is to be aggregated for the month, and billed to the NJDOC monthly.

3.20 FUTURE LEGISLATIVE MANDATES OR COURT ORDERS

The Contractor will assume food service management duties associated with any new laws, regulations or court orders which mandate nutritional rules and guidelines. Any additional costs associated with such mandates will be negotiated with the State per occurrence.

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4.0 PROPOSAL PREPARATION AND SUBMISSION

4.1 GENERAL

The bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP’s signatory page, in preparing and submitting its proposal.

Use of URLs in a proposal should be kept to a minimum and may not be used to satisfy any material term of an RFP. If a preprinted or other document included as part of the proposal contains a URL, a printed (or if a bid is submitted electronically, electronic) copy of the URL page shall be provided and will be considered as part of the proposal. Additional URLs on the copy of the URL page shall not be considered as part of the proposal unless a copy of those URL pages are also provided.

The forms discussed herein and required for submission of a proposal in response to this RFP are available on the web athttp://www.state.nj.us/treasury/purchase/bid/summary/12x22211.shtmlunless noted otherwise.

4.2 PROPOSAL DELIVERY AND IDENTIFICATION

In order to be considered, a proposal must arrive at the Division in accordance with the instructions on the RFP signatory page accompanying this RFP. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of proposals. State regulation mandates that late proposals are ineligible for consideration. THE EXTERIOR OF ALL PROPOSALPACKAGES ARE TO BE LABELED WITH THE PROPOSAL IDENTIFICATION NUMBER AND THE FINAL PROPOSAL OPENING DATE OR RISK NOT BEING RECEIVED IN TIME.

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/. Ifthe 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:

4.3.2 NON-EBID SUBMISSION

The bidder must submit the following proposal copies:

One (1) complete ORIGINAL proposal, clearly marked as the “ORIGINAL” proposal.Four (4) complete and exact copies, clearly marked "COPY".

Copies are necessary in the evaluation of the proposal and for record retention purposes. A bidder failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. The bidder should make and retain a copy of its proposal.

4.4 PROPOSAL CONTENT

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The proposal should be submitted in two volumes with the content of each volume as indicated below.

Volume 1Section 1 - Forms (Sections 4.4.1 and 4.4.2) Section 2 - Technical Proposal (Section 4.4.3) – NOTE: This section of the bidder’s 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 2Section 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.

4.4.1.1.1 MACBRIDE PRINCIPLES CERTIFICATION

The bidder must certify pursuant to N.J.S.A. 52:34-12.2 that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. Please refer to Section 2.5 of the State of NJ Standard Terms and Conditions and N.J.S.A. 52:34-12.2 for additional information about the McBride principles.

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; orb. 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.

4.4.1.1.2 NO SUBCONTRACTOR CERTIFICATION

For a proposal that does NOT include the use of any subcontractors, by signing the RFP Signatory Page, or by entering a PIN if submitting an e-Bid proposal, the bidder is automaticallycertifying that:

1. In the event the award is granted to bidder’s’ firm and the bidder later determines at any time during the term of the Contract to engage subcontractors to provide certain goods and/or services, pursuant to Section 5.8 of the State of NJ Standard Terms and Conditions, the bidder will submit a Subcontractor Utilization Plan form for approval to

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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.

4.4.1.1.4 NEW JERSEY BUSINESS ETHICS GUIDE CERTIFICATION

The Treasurer has established a business ethics guide to be followed by State contractors in their dealings with the State. The guide provides further information about compliance with section 2.8 of the State of New Jersey Standard Terms and Conditions. The guide can be found at: http://www.state.nj.us/treasury/purchase/ethics_guide.shtml

By signing the RFP signatory page, or by entering a pin if submitting an e-bid proposal, the bidder is automatically certifying that it has read the guide, understands its provisions and is in compliance with its provisions.

4.4.1.2 OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:24.2, in the event the bidder is a corporation, partnership or sole proprietorship, the bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the proposal. Failure to submit the form will preclude the award of a contract.

4.4.1.3 DISCLOSURE OF INVESTIGATIONS AND ACTIONS INVOLVING BIDDER

The bidder shall provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients

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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.

4.4.1.4 SUBCONTRACTOR UTILIZATION PLAN

All bidders intending to use a subcontractor must submit a completed Subcontractor Utilization Plan. Please see the State of New Jersey, Division of Purchase and Property’s Subcontractor Forms which includes the Subcontractor Utilization Plan form.

4.4.1.5 SMALL BUSINESS REGISTRATION FOR SET-ASIDE CONTRACTS

Not Applicable To This Procurement.

4.4.1.6 BID SECURITY

Not Applicable To This Procurement.

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 bidder’s 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 itsproposal 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.

4.4.3 TECHNICAL PROPOSAL

In this section, the bidder shall describe its approach and plans for accomplishing the workoutlined in the Scope of Work section, i.e., Section 3.0. The bidder must set forth its understanding of the requirements of this RFP and its ability to successfully complete the contract. This section of the proposal should minimally contain the information identified below.

4.4.3.1 ADDITIONAL REQUIREMENTS

1. The bidder must provide information on their experience and successes of managing correctional institutional food service programs and utilizing inmate labor.

2. The Bidder must provide detailed plans specifying steps and dates necessary to accomplish the assumption of food service operations within the given phases and within the time frame given for each phase. The plan must include steps necessary to accomplish the assumption of the food service operations at each of the referenced locations within the given time parameters.

3. The Bidder must provide detailed plans specifying how they propose to operate the proposed food service facility pilot site, i.e., as an on-site production center, purchase prepared food, portion meals in kitchen, portion meals at point of service, how meals will be delivered/transported.

4. The Bidder must provide evidence of their ability to provide special therapeutic diets consistent with medical regimens as detailed in the bid specification.

5. The bidder’s 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.

8. The bidder must provide contingency plans to continue meal service, in the event that the contractor's employees or supplier's employees strike.

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.

10. 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.

11. 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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normal operation of the facility.

12. The Bidder must provide, documentation detailing previous experience providing food service operations to major correctional facilities.

13. 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

14. 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.

15. Bidder must submit an anticipated trash removal schedule.

16. 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).

4.4.3.2 MANAGEMENT OVERVIEW

The bidder shall set forth its overall technical approach and plans to meet the requirements of the RFP in a narrative format. This narrative should convince the State that the bidder understands the objectives that the contract is intended to meet, the nature of the required work and the level of effort necessary to successfully complete the contract. This narrative should convince the State that the bidder’s general approach and plans to undertake and complete the contract are appropriate to the tasks and subtasks involved.

Mere reiterations of RFP tasks and subtasks are strongly discouraged, as they do not provide insight into the bidder's ability to complete the contract. The bidder’s response to this section should be designed to convince the State that the bidder’s detailed plans and approach proposed to complete the Scope of Work are realistic, attainable and appropriate and that the bidder’s proposal will lead to successful contract completion.

4.4.3.3 CONTRACT MANAGEMENT

The bidder should describe its specific plans to manage, control and supervise the contract to ensure satisfactory contract completion according to the required schedule. The plan should include the bidder's approach to communicate with the State Contract Manager including, but not limited to, status meetings, status reports, etc.

4.4.3.4 CONTRACT SCHEDULE

Not Applicable To This Contract. 4.4.3.5 MOBILIZATION AND IMPLEMENTATION PLAN

It is essential that the State move forward quickly to have the contract in place. Therefore, the bidder must include as part of its proposal a mobilization and implementation plan, beginning with the date of notification of contract award of 30 days.

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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 bidder’s 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 bidder’s 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 bidder’s 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.

4.4.3.6 POTENTIAL PROBLEMS

The bidder should set forth a summary of any and all problems that the bidder anticipates during the term of the contract. For each problem identified, the bidder should provide its proposed solution.

4.4.4 ORGANIZATIONAL SUPPORT AND EXPERIENCE

The bidder should include information relating to its organization, personnel, and experience, including, but not limited to, references, together with contact names and telephone numbers, evidencing the bidder's qualifications, and capabilities to perform the services required by this RFP. This section of the proposal must minimally contain the information identified below.

4.4.4.1 COMPANY PROFILE

A. Bidder shall specify date organized to provide food services in correctional facilities. The experience of corporate officers will also be considered.

B. Bidder shall specify corporate experience in providing correctional food services. Include in your discussion the number of employees employed by the corporation; annualized dollars of payroll; and number of years in business.

C. Bidder shall describe its current contracts including all contracts awarded to it in the past five years and include the following information:

Client name, address, and telephone number;

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Date of original contract and expiration date;Number of renewals (if applicable);Type and size of facility; andSpecify 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); andInclude 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.

4.4.4.3 ORGANIZATION CHARTS

a. Contract-Specific Chart. The bidder should include a contract organization chart, with names showing management, supervisory and other key personnel (including subcontractormanagement, supervisory or other key personnel) to be assigned to the contract. The chart should include the labor category and title of each such individual.

b. Chart for Entire Firm. The bidder should include an organization chart showing the bidder’s entire organizational structure. This chart should show the relationship of the individuals assigned to the contract to the bidder's overall organizational structure.

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 subcontractor’s 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 individual’s name from the resume.

4.4.4.5 BACKUP STAFF

The bidder should include a list of backup staff that may be called upon to assist or replace primary individuals assigned. Backup staff must be clearly identified as backup staff.

In the event the bidder must hire management, supervisory and/or key personnel if awarded the contract, the bidder should include, as part of its recruitment plan, a plan to secure backup staff in the event personnel initially recruited need assistance or need to be replaced during the contract term.

4.4.4.6 EXPERIENCE WITH CONTRACTS OF SIMILAR SIZE AND SCOPE

The bidder should provide a comprehensive listing of contracts of similar size and scope that ithas successfully completed, as evidence of the bidder’s ability to successfully complete the services required by this RFP. Emphasis should be placed on contracts that are similar in size and scope to the work required by this RFP. A description of all such contracts should be included and should show how such contracts relate to the ability of the firm to complete the services required by this RFP. For each such contract, the bidder should provide two names and telephone numbers of individuals for the other contract party. Beginning and ending dates should also be given for each contract.

The bidder should provide documented experience to demonstrate that each subcontractor has successfully performed work on contracts of a similar size and scope to the work that the subcontractor is designated to perform in the bidder’s proposal. The bidder must provide a detailed description of services to be provided by each subcontractor.

4.4.4.7 FINANCIAL CAPABILITY OF THE BIDDER

In order to provide the State with the ability to judge the bidder’s financial capacity and capabilities to undertake and successfully complete the contract, the bidder should submit certified financial statements which include a balance sheet, income statement and statement of cash flow, and all applicable notes for the most recent calendar year or the bidder’s most recent fiscal year. If certified financial statements are not available, the bidder should provide either a reviewed or compiled statement from an independent accountant setting forth the same information required for the certified financial statements, together with a certification from the Chief Executive Officer and the Chief Financial Officer, that the financial statements and other

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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.

4.4.5 PRICE SCHEDULE/SHEET

The bidder must submit its pricing using the format set forth in the State-supplied price sheet/schedule(s) accompanying this RFP. Failure to submit all information required will result in the proposal being considered non-responsive. Each bidder is required to hold its prices firm through issuance of contract.

The Bidder is to provide the fully loaded Per Diem price, to provide one inmate with three meals for one day. The price is to incorporate 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.

The inmate population is estimated for the price proposal chart; the State will not be held to a minimum or maximum number of inmates.

PRICE PROPOSAL

Per Diem Price

Estimated Inmate

Population

Days per

period

Estimated annual

cost

Fully loaded Per Diem price to provide one inmate with three meals x 2,357 x 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.

5.2 CONTRACT TERM AND EXTENSION OPTION

The term of the contract shall be for a period of two (2) years. The anticipated "Contract Effective Date" is provided on the signatory page accompanying this RFP. If delays in the procurement process result in a change to the anticipated Contract Effective Date, the bidder agrees to accept a contract for the full term of the contract.

The contract may be extended for all or part of two (2) one-year periods, by the mutual written consent of the contractor and the Director at the same terms, conditions, and pricing at the rates in effect in the last year of the contract or rates more favorable to the State. Original pricing will be held for a period of three (3) years. The length of the extension shall be determined when the extension request is processed.

Should the contract be extended, the contractor shall be paid at the rates in effect in the last year of the contract.

5.3 CONTRACT TRANSITION

In the event that a new contract has not been awarded prior to the contract expiration date, as may be extended herein, it shall be incumbent upon the contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the contract.

5.4 CONTRACT AMENDMENT

Any changes or modifications to the terms of the contract shall be valid only when they have been reduced to writing and signed by the contractor and the Director.

5.5 CONTRACTOR RESPONSIBILITIES

The contractor shall havew sole responsibility for the complete effort specified in the contract. Payment will be made only to the contractor. The contractor shall have sole responsibility for all payments due any subcontractor.

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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 contractor’s performance of this contract.

5.6 SUBSTITUTION OF STAFF

The contractor shall forward a request to substitute staff to the State Contract Manager for consideration and approval. No substitute personnel are authorized to begin work until the contractor has received written approval to proceed from the State Contract Manager.

If it becomes necessary for the contractor to substitute any management, supervisory or key personnel, the contractor shall identify the substitute personnel and the work to be performed.The contractor must provide detailed justification documenting the necessity for the substitution. Resumes must be submitted evidencing that the individual(s) proposed as substitute(s) have qualifications and experience equal to or better than the individual(s) originally proposed or currently assigned.

5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

This Subsection serves to supplement but not to supersede Sections 5.8 and 5.9 of the State ofNJ Standard Terms and Conditions accompanying this RFP.

The contractor shall forward a written request to substitute or add a subcontractor or to substitute its own staff for a subcontractor to the State Contract Manager for consideration. If the State Contract Manager approves the request, the State Contract Manager will forward the request to the Director for final approval. No substituted or additional subcontractors are authorized to begin work until the contractor has received written approval from the Director.

If it becomes necessary for the contractor to substitute a subcontractor, add a subcontractor or substitute its own staff for a subcontractor, the contractor will identify the proposed new subcontractor or staff member(s) and the work to be performed. The contractor must provide detailed justification documenting the necessity for the substitution or addition.

The contractor must provide detailed resumes of its proposed replacement staff or of the proposed subcontractor’s management, supervisory and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the subcontractor is to undertake.

The qualifications and experience of the replacement(s) must equal or exceed those of similar personnel proposed by the contractor in its proposal.

5.8 NEWS RELEASES

The contractor is not permitted to issue news releases pertaining to any aspect of the services being provided under this contract without the prior written consent of the Director.

5.9 ADVERTISING

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The contractor shall not use the State’s 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.

5.10 LICENSES AND PERMITS

The contractor shall obtain and maintain in full force and effect all required licenses, permits, and authorizations necessary to perform this contract. The contractor shall supply the State Contract Manager with evidence of all such licenses, permits and authorizations. This evidence shall be submitted subsequent to the contract award. All costs associated with any such licenses, permits and authorizations must be considered by the bidder in its proposal.

5.11 CLAIMS AND REMEDIES

5.11.1 CLAIMS

All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et seq.

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.

5.11.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS

In the event that the contractor fails to comply with any material contract requirements, the Director may take steps to terminate the contract in accordance with the State of NJ StandardTerms and Conditions, authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting contractor's price either being deducted from any monies due the defaulting contractor or being an obligation owed the State by the defaulting contractor as provided for in the State administrative code, or take any other action or seek any other remedies available at law or in equity.

5.12 LATE DELIVERY

Not Applicable To This Procurement.

5.13 RETAINAGE

Not Applicable To This Procurement.

5.14 ADDITIONAL WORK AND/OR SPECIAL PRODUCTS

The contractor shall not begin performing any additional work or special projects without first obtaining written approval from both the State Contract Manager and the Director.

In the event of additional work and/or special projects, the contractor must present a written proposal to perform the additional work to the State Contract Manager. The proposal should provide justification for the necessity of the additional work. The relationship between the additional work and the base contract work must be clearly established by the contractor in its proposal.

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The contractor’s 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 contractor’s original proposalsubmitted 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 contractor’s written proposal, the State Contract Manager shall forward same to the Director for the Director’s 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 Jersey’s Office of Management and Budget and NJOIT.

No additional work and/or special project may commence without the Director’s written approval. In the event the contractor proceeds with additional work and/or special projects without the Director’s written approval, it shall be at the contractor’s sole risk. The State shall be under no obligation to pay for work performed without the Director’s written approval.

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6.0 PROPOSAL EVALUATION

6.1 RIGHT TO WAIVE

The Director reserves the right to waive minor irregularities. The Director also reserves the right to waive a mandatory requirement provided that:

(1) the requirement is not mandated by law;

(2) all of the otherwise responsive proposals failed to meet the mandatory requirement; and

(3) in the sole discretion of the Director, the failure to comply with the mandatory requirement does not materially affect the procurement or the State's interests associated with the procurement.

6.2 DIRECTOR’S RIGHT OF FINAL PROPOSAL ACCEPTANCE

The Director reserves the right to reject any or all proposals, or to award in whole or in part if deemed to be in the best interest of the State to do so. The Director shall have authority to award orders or contracts to the vendor or vendors best meeting all specifications and conditions in accordance with N.J.S.A. 52:34-12. Tie proposals will be awarded by the Director in accordance with N.J.A.C.17:12-2.10.

6.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES

The State reserves the right to inspect the bidder's establishment before making an award, for the purposes of ascertaining whether the bidder has the necessary facilities for performing the contract.

The State may also consult with clients of the bidder during the evaluation of bids. Such consultation is intended to assist the State in making a contract award which is most advantageous to the State.

6.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

The Director reserves the right to request all information which may assist him or her in making a contract award, including factors necessary to evaluate the bidder’s financial capabilities to perform the contract. Further, the Director reserves the right to request a bidder to explain, in detail, how the proposal price was determined.

6.5 PROPOSAL EVALUATION COMMITTEE

Proposals may be evaluated by an Evaluation Committee composed of members of affected departments and agencies together with representative(s) from the Division. Representatives from other governmental agencies may also serve on the Evaluation Committee. On occasion, the Evaluation Committee may choose to make use of the expertise of outside consultant(s) in an advisory role.

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6.6 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL

After the submission of proposals, unless requested by the State as noted below, vendor contact with the State is still not permitted.

After the proposals are reviewed, one, some or all of the bidders may be asked to clarify certain aspects of their proposals. A request for clarification may be made in order to resolve minor ambiguities, irregularities, informalities or clerical errors. Clarifications cannot correct any deficiencies or material omissions or revise or modify a proposal, except to the extent that correction of apparent clerical mistakes results in a modification.

The bidder may be required to give an oral presentation to the State concerning its proposal.

Bidders may not attend the oral presentations of their competitors.

It is within the State’s discretion whether to require the bidder to give an oral presentation or require the bidder to submit written responses to questions regarding its proposal. Action by the State in this regard should not be construed to imply acceptance or rejection of a proposal. The Division will be the sole point of contact regarding any request for an oral presentation or clarification.

6.7 EVALUATION CRITERIA

The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate proposals received in response to this RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process:

6.7.1 TECHNICAL EVALUATION CRITERIA

a. Personnel: The qualifications and experience of the bidder’s management, supervisory, and key personnel assigned to the contract, including the candidates recommended for each of the positions/roles required.

b. Experience of firm: The bidder’s documented experience in successfully completing contracts of a similar size and scope in relation to the work required by this RFP.

c. Ability of firm to complete the Scope of Work based on its Technical Proposal: The overall ability of the bidder to undertake and successfully complete the technical requirements of the contract in a timely manner.

d. The qualifications and experience of the bidder’s management, supervisory or other key personnel assigned to the contract, with emphasis on documented experience in successfully completing work on contracts of similar size and scope to the work required by this RFP.

e. The overall ability of the bidder to mobilize, undertake and successfully complete the contract. This judgment will include, but not be limited to, the following factors: the number and qualifications of management, supervisory and other staff proposed by the bidder to complete the contract, the availability and commitment to the contract of the bidder’s management, supervisory and other staff proposed and the bidder’s contract management plan, including the bidder’s contract organizational chart.

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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.

6.7.2 BIDDER’S PRICE SCHEDULE

For evaluation purposes, bidders will be ranked according to the PRICE PROPOSAL price located on the Price Sheet/Schedule accompanying this RFP as explained in section 4.4.5 PRICESCHEDULE.

6.7.3 PROPOSAL DISCREPANCIES

In evaluating proposals, discrepancies between words and figures will be resolved in favor of words. Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum of the column of figures.

6.7.4 EVALUATION OF THE PROPOSALS

After the Evaluation Committee completes its evaluation, it recommends to the Director for award the responsible bidder(s) whose proposal, conforming to this RFP, is most advantageous to the State, price and other factors considered. The Evaluation Committee considers and assesses price, technical criteria, and other factors during the evaluation process and makes a recommendation to the Director. The Director may accept, reject or modify the recommendation of the Evaluation Committee. Whether or not there has been a negotiation process as outlined in Section 6.8 below, the Director reserves the right to negotiate price reductions with the selected bidder.

6.8 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

After evaluating proposals, the Division may enter into negotiations with one bidder or multiple bidders. The primary purpose of negotiations is to maximize the State’s ability to obtain the best value based on the mandatory requirements, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one bidder or multiple bidders. Negotiations will be structured by the Division to safeguard information and ensure that all bidders are treated fairly.

Similarly, the Division may invite one bidder or multiple bidders to submit a best and final offer (BAFO). Said invitation will establish the time and place for submission of the BAFO. Any BAFO that is not equal to or lower in price than the pricing offered in the bidder’s original proposal will be rejected as non-responsive and the State will revert to consideration and evaluation of the bidder's original pricing.

If required, after review of the BAFO(s), clarification may be sought from the bidder(s). The Division may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State.

After evaluation of proposals and as applicable, negotiation(s) and/or BAFO(s), the Division will recommend, to the Director, the responsible bidder(s) whose proposal(s), conforming to the RFP, is/are most advantageous to the State, price and other factors considered. The Director

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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 State’s best interests and to maximize the State’s 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. 19:44A-20.25 (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 Division’s 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 State’s 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 Division’s 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.

7.1.2 SOURCE DISCLOSURE REQUIREMENTS

Pursuant to N.J.S.A. 52:34-13.2, all contracts primarily for services awarded by the Director shall be performed within the United States, except when the Director certifies in writing a finding that a required service cannot be provided by a contractor or subcontractor within the United States and the certification is approved by the State Treasurer. Also refer to Section 3.6 ServicePerformance Within U.S. of the State of NJ Standard Terms and Conditions.

Pursuant to the statutory requirements, the intended awardee of a contract primarily for services with the State of New Jersey must disclose the location by country where services under the contract, including subcontracted services, will be performed. The Source Disclosure Certification form accompanies the subject RFP. FAILURE TO SUBMIT SOURCING INFORMATION WHEN REQUESTED BY THE STATE SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER.

If any of the services cannot be performed within the United States, the bidder shall state with specificity the reasons why the services cannot be so performed. The Director shall determine whether sufficient justification has been provided by the bidder to form the basis of his or her

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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.

7.1.3 AFFIRMATIVE ACTION

The intended awardee must submit a copy of a New Jersey Certificate of Employee InformationReport, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. Intended awardee(s) not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval must complete the Affirmative Action Employee Information Report (AA-302) located on the web at http://www.nj.gov/treasury/purchase/forms/AA_%20Supplement.pdf.

7.1.4 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. (Refer to Section 4.4.2.1 of this RFP for further information.)

7.2 FINAL CONTRACT AWARD

Contract award[s] shall be made with reasonable promptness by written notice to that responsible bidder(s), whose proposal(s), conforming to this RFP, is(are) most advantageous to the State, price, and other factors considered. Any or all proposals may be rejected when the State Treasurer or the Director determines that it is in the public interest to do so.

7.3 INSURANCE CERTIFICATES

The contractor shall provide the State with current certificates of insurance for all coverages required by the terms of this contract, naming the State as an Additional Insured. Refer to Section 4.2 of the State of NJ Standard Terms and Conditions accompanying this RFP.

7.4 PERFORMANCE SECURITY

Not Applicable To This Procurement.

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8.0 CONTRACT ADMINISTRATION

8.1 CONTRACT MANAGER

The State Contract Manager is the State employee responsible for the overall management and administration of the contract.

The State Contract Manager for this project will be identified at the time of execution of contract. At that time, the contractor will be provided with the State Contract Manager’s name, department, division, agency, address, telephone number, fax phone number, and e-mail address.

8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES

For an agency contract where only one State office uses the contract, the State Contract Manager will be responsible for engaging the contractor, assuring that Purchase Orders are issued to the contractor, directing the contractor to perform the work of the contract, approving the deliverables and approving payment vouchers. The State Contract Manager is the person that the contractor will contact after the contract is executed for answers to any questions and concerns about any aspect of the contract. The State Contract Manager is responsible for coordinating the use of the Contract and resolving minor disputes between the contractor and any component part of the State Contract Manager's Department.

If the contract has multiple users, then the State Contract Manager shall be the central coordinator of the use of the contract for all Using Agencies, while other State employees engage and pay the contractor. All persons and agencies that use the contract must notify and coordinate the use of the contract with the State Contract Manager.

8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER

Any contract user that is unable to resolve disputes with a contractor shall refer those disputes to the State Contract Manager for resolution. Any questions related to performance of the work of the contract by contract users shall be directed to the State Contract Manager. The contractor may contact the State Contract Manager if the contractor cannot resolve a dispute with contract users.