CA26-0137 Proposed Contract with SodexoMagic, LC to Contract No…

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MURIEL BOWSER
MAYOR
April 25, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code§
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Modification No. 4 to Contract No. GAGA-2022-C-0385-C with SodexoMagic, LLC,
which will increase the amount of option year one by $1,998,062.33, from $20,132,170.66 to
$22,130,232.99. The period of performance is from July 1, 20204 through June 30, 2025.
Under the proposed modification, Sodexo Magic, LLC will provide food services to 48 school
sites classified as school clusters 3,4,8 and 9. SodexoMagic, LLC shall prepare, serve, and account
for meals. The services shall include management of the Schools Breakfast Program, including but
not limited to, Breakfast In the Classroom and other alternative program configurations, the
National School Lunch Program, the Summer Food Service Program, the After School Supper
Program, the After School Snack Program, the Fresh Fruit and Vegetable Program, a la carte meals
and items, and adult.
My administration is available to discuss any questions you may have regarding the proposed
contract modification. In order to facilitate a response to any questions you may have, please have
your staff contact La Veta Hilton, Deputy Chief Procurement Officer, District of Columbia Public
Schools, at (202) 442-5136.
I look forward to the Council's favorable consideration of this proposed contract modification.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
District of Columbia Public Schools

Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended,
D.C. Official Code § 2-352.02(c-3), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Single Modification over $1 Million)

(A) Contract Number: GAGA-2022-C-0385-C
Proposed Contractor: SodexoMagic, LLC (“the Contractor”)
Contract Amount (Mod. 4): $1,998,062.33 (increase to option year one)
New total of: $22,130,232.99
Term of Contract: July 1, 2024, through June 30, 2025
Type of Contract: Firm Fixed Price with Cost Reimbursable
Source Selection Method: Request For Proposal (RFP)

(B) For a contract containing option periods, the contract amount for the base period
and for each option period. If the contract amount for one or more of the option
periods differs from the amount for the base period, provide an explanation of the
reason for the difference:

Base Period Amount: $17,540,018.69

Option Period 1 Amount: $22,130,232.99 (increased via Mod. 4 by $1,998,062.33,
from $20,132,170.66 to $22,130,232.99)

Explanation of difference from the base period (if applicable): Option amount is
being increased to cover the anticipated increase in the number of meals served to DCPS.

Option Period 2 Amount: $20,937,457.49
Explanation of difference from the base period (if applicable): Option amount
increase is for twelve months, and the base year is for six months.

Option Period 3 Amount: $21,774,955.79
Explanation of difference from the base period (if applicable): Option amount
increase is for twelve months, and the base year is for six months.

GAGA-2022-C-0385C
Council Summary

Option Period 4 Amount: $22,645,954.01
Explanation of difference from the base period (if applicable): Option amount
increase is for twelve months, and the base year is for six months.

(C) The goods or services to be provided, the methods of delivering goods or services,
and any significant program changes reflected in the proposed Contract:

The Contractor shall manage the overall District of Columbia Public Schools (DCPS) Food
Service Program (FSP) at 48 assigned school sites for clusters 3,4,8 and 9. The Contractor
shall prepare, serve, and account for meals. The services shall include management of the
Schools Breakfast Program (SBP), including but not limited to, Breakfast In the Classroom
and other alternative program configurations; the National School Lunch Program (NSLP),
the Summer Food Service Program (SFSP), the After School Supper Program, the After
School Snack Program, the Fresh Fruit and Vegetable Program (FFVP), a la carte meals
and items, adult meals and any other food service programs as required per the contract.

(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:

Request for Proposal (RFP) number GAGA-2022-R-0385-C was issued on November 28,
2022, and closed on January 11, 2023. On the closing date, the District received seven
proposals in response to the solicitation. The seven proposals were evaluated in accordance
with the technical evaluation factors and price factors as described in the RFP, which are
listed below:

Method of Approach and Implementation
Bidder’s Experience, Expertise, & Reliability (Based on past experience or 3-5) references
Proven Organizational Capacity Community Connection, Values Alignment
Price

Based upon the finding of the Technical Evaluation Panel and the Contracting Officer’s
independent review of each proposal, the Contracting Officer requested a Best and Final
Offer (BAFO). After receipt and evaluation of the BAFO, the Contracting Officer
recommended the award to SodexoMagic, LLC.

(E) A description of any bid protest related to the award of the C ontract, including
whether the protest was resolved through litigation, withdrawal of the protest by the
protestor, or voluntary corrective action by the district. Include the identity of the
protestor, the grounds alleged in the protest, and any deficiencies identified by the
district as a result of the protest:

There are no protests pending.

(F) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and performance on past or current
GAGA-2022-C-0385C
Council Summary

government or private sector contracts with requirements similar to those of the
proposed contract:

SodexoMagic, LLC is a publicly traded Delaware limited liability corporation
headquartered in Beverly Hills, CA, with an east coast office in Gaithersburg, MD.
SodexMagic, LLC., specializes in providing the highest possible quality of food and
service to our communities since 2006. Currently, SodexoMagic , LLC., provides food
management services at more than 1,700 sites in corporate, healthcare, universities,
K-12 schools, and aviation.

(G) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
Act and the dollar volume of the portion of the Contract to be subcontracted,
expressed both in total dollars and as a percentage of the total contract amount:

The subcontracting plan is not required per the USDA Special Provisions and Federal
Procurement Standards.

USDA Special Procurement Provisions
2 CFR 416.1(b) - Procurements by States under USDA entitlement programs specified
in 2 CFR 200.101(f)(4) through (6) shall be conducted in a manner that prohibits the use
of statutorily or administratively imposed in-State or local geographic preferences except
as provided for in 2 CFR 200.319(c).

Federal Procurement Standards
2 CFR 200.319(b) - The non-Federal entity must conduct procurements in a manner that
prohibits the use of statutorily or administratively imposed state, local, or tribal
geographical preferences in the evaluation of bids or proposals, except in those cases where
applicable Federal statutes expressly mandate or encourage geographic preference.
Nothing in this section preempts state licensing laws. When contracting for architectural
and engineering (A/E) services, geographic location may be a selection criterion, provided
its application leaves an appropriate number of qualified firms, given the nature and size
of the project, to compete for the contract.

DCPS received a waiver of D.C. Official Code § 2-218.02 (9A) (A) from the Department
of Small and Local Business Development.

(H) Performance standards and the expected outcome of the proposed contract:

SodexoMagic, LLC is expected to work closely with Food and Nutri tion Services to
prepare, furnish, and provide meals and services to 48 school sites. SodexoMagic is
expected to comply with the Code of Federal Regulations, the DC Healthy Schools Act,
GAGA-2022-C-0385C
Council Summary

and comply with the contractual terms and Standard Contract Provisions set forth by the
District.

(I) The amount and date of any expenditure of funds by the district pursuant to the
Contract prior to its submission to the Council for approval:

None.

(J) A certification that the proposed Contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan
and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02:

The DCPS agency fiscal officer has certified that the proposed contract modification is
within the appropriated budget authority for the agency for the fiscal year and is consistent
with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-
392.01 and 47-392.02. A certification of funding is attached.

(K) A certification that the Contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the district:

The proposed contract has been determined to be legally sufficient by the Office of the
Attorney General. A legal sufficiency certification is attached. SodexoMagic, LLC has no
known pending legal claims against the District.

(L) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database
indicates that the proposed contractor is not current with its District taxes, either (1)
a certification that the contractor has worked out and is current with a payment
schedule approved by the District or (2) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):

According to the District’s Certificate of Clean Hands dated February 21, 2025, the
contractor is current with its District taxes. The Certificate of Clean Hands is attached.

(M) A certification from the proposed contractor that it is current with its federal taxes
or has worked out and is current with a payment schedule approved by the federal
government:

Based on the information provided in the Bidder Offeror Certification form,
SodexoMagic, LLC has certified that the organization is current with its federal taxes.

(N) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
GAGA-2022-C-0385C
Council Summary

Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code
§ 2-218.01 et seq.:

SodexoMagic, LLC is not a certified business enterprise in the District of Columbia.

(O) Other aspects of the proposed Contract that the Chief Procurement Officer
considers significant:

None

(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:

SodexoMagic, LLC is not on the Federal Excluded Parties List or the Office of Contracts
and Procurement Excluded Parties List, accessed on March 4, 2025; therefore, the
Contractor is not currently debarred from providing services to any governmental entities.

(Q) Any determination and findings issues relating to the Contract’s formation,
including any determination and findings made under D.C. Official Code § 2-352.05
(privatization contracts):

Determination and Findings for Contractor Responsibility
Determination and Findings for Price Reasonableness

(R) Where the Contract and any amendments or modifications, if executed, will be
made available online:
https://dcps.dc.gov/page/doing-business-dcps

(S) Where the original solicitation and any amendments or modifications will be made
available online:
https://dcps.dc.gov/page/doing-business-dcps

HK GovernmentoftheDistrictofColumbiaOfficeoft ancialOfficFER OfticeofTaxandRevenu 11014%Street,SW‘Washington,DC20024
DateofNotice:February21,2025 NoticeNumber:10013466778 =
SODEXOMAGICLLC FEIN:**-**45412915MEETINGSTREET14THFLOOR CaseID:18460375NORTHBETHESDAMD 20852
CERTIFICATE OF CLEAN HANDS
As reportedintheClean Hands system,theabove referencedindividual/entityhas no outstanding,
liabilitywith theDistrictofColumbia Officeof Tax and Revenue or the Department of Employment
Services.As of thedateabove,theindividual/entityhas complied with DC Code § 47-2862, therefore
thisCertificateof Clean Hands isissued.
TITLE47.TAXATION,LICENSING,PERMITS,ASSESSMENTS,AND FEES
CHAPTER28GENERALLICENSE
SUBCHAPTERII.CLEAN HANDS BEFORERECEIVINGA LICENSEOR PERMIT
D.C,CODE §47-2862(2006)
§47-2862PROHIBITIONAGAINSTISSUANCEOF LICENSEOR PERMIT
Ke —
AuthorizedByMelindaJenkins
BranchChief,CollectionandEnforcementAdministration
To validatethiscertificate,pleasevisitMyTax.DC.gov. On theMyTax DC homepage, clickthe
“Validatea Certificateof Clean Hands” hyperlinkunder theClean Hands section.

1014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-5048/MyTax.DCgov

Funding Certification

Division of Contracts and Acquisitions
1200 First Street NE, 9th Floor, Washington, DC 20002
(202) 442‐5112/Fax (202) 442‐5634

1. Prepared by: Steven Lenz, Manager, Finance, Strategy & Technology (FNS)
2. Office/School: Office of Operations
3. FY25 Funding Certification Date(s): 10/1/2024‐6/30/2025
4. Summary of Proposed Procurement: To provide food services to DC Public Schools
5. If contract has been awarded:
• Contractor: SodexoMagic, LLC
• Con
tract Number: GAGA‐20220‐C‐0385‐C (Op
tion Year 1)
• RK N
umber: RK286277 (V2 has not yet been
submitted for the amount below)
• PO Number: PO718167
• Contract Dates: 7/1/2024‐6/30/ 2025

Fun
ding Information:

AGENCY
GA0 if DCPS
GD0 if OSSE
FISCAL
YEAR FUND ACCOUNT PROGRAM COST
CENTER PROJECT AWARD AMOUNT
GA0 2025 1010001 7132001 400011 40078 0 0 $700,000.00
GD0 2025 4020002 7132001 400367 40229 400286 2002136 $200,000.00
GD0 2025 4020002 7132001 400367 40229 400286 2002135 $200,000.00
GD0 2025 4020002 7132001 400367 40229 400286 2002133 $56,619.41.
GD0 2025 4020002 7132001 400367 40229 400286 2002139 $200,000.00
GD0 2025 4020002 7132001 400367 40229 400286 2002119 $406,350.03
GD0 2025 1010001 7132001 400367 40229 400286 1000074 $235,092.89
Total $1,998,062.33

I hereby certify that the above referenced SodexoMagic, LLC contract is within the appropriated budget authority for the agency
and is consistent with the financial plan and budget adopted in accordance with DC Official Code §§ 47 ‐392.01 a
nd 47‐392.02 fo
r
the District of Columbia Public Schools for the applicable period of per formance.

Name Date
DCPS AFO/Budget Officer

If applicable only: Name Date
OSSE AFO/Budget Officer

1200 First Street, NE | Washington, DC 20002 | T 202. 442. 5885 | F 202. 442. 5026 | dcps.dc.gov
3/25/25
3/27/25

400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

REVISED MEMORANDUM

TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: April 24, 2025

SUBJECT: Approval of Contract Action for SodexoMagic, LLC
Contract Number: GAGA-2022-C-0385-C
Contractor: SodexoMagic, LLC
Proposed Modification Amount: $1,998,062.33

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.

______________________________
Robert Schildkraut

GOVERNMENT OF THE DISTRICT OF COLUMBIA

BILATERAL MODIFICATION
Page No. 1 of 4 Page(s)
1. CONTRACT NO:
GAGA-2022-C-0385-C
2. CONTRACT DATE:
November 27, 2023
3. MODIFICATION NO:
1
4. MODIFICATION DATE:
See block 12
5. CAPTION: Food Services Management Company
6. ISSUED TO: (Contractor)
SodexoMagic, LLC
915 Meeting Street, 15th Floor
North Bethesda, MD 20852
Tele: (301) 987-4000
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
C
ontracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: DCPS, Office of the Chief Operating Officer, Food and Nutrition Services
ACTION: Change Exercise of Option Economic Price Adjustment Other
Pu
rsuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with the District o f
Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2, the subject contract is hereby modified as
follows:
1. Sect
ion B.4.1.4.1 CLUSTER NINE – DELETE “Cluster 9: 13 Schools” and INSERT the following:
Cluster 9: 14 Schools
1. Banneker High School
2. Cardozo Education Campus
3. Cleveland Elementary School
4. Duke Ellington School of the Arts
5. Eaton Elementary School
6. Garrison Elementary School
7. Hardy Middle School
8. Hyde-Addison Elementary School
9. Key Elementary School
10. Mann Elementary School
11. Seaton Elementary School
12. Stoddert Elementary School
13. Thomson Elementary School
14. MacArthur High School
10. AMOUNT OF MODIFICATION: $0 CURRENT VALUE OF CONTRACT: $17,540,018.69 (NTE)
CURRENT COMPLETION DATE: June 30, 2024
11 CONTRACTOR
By: Name:
Si gnature of Authorized Representative Title: Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name: LaVeta Hilton
Title: Contracting Officer Date
Si gnature
Case File Contractor PSD Using Agency
Charles Johnson
4/23/2024
President
6/7/2024

2 of 4
GAGA-2022-C-0385-C

2. Section C.4.B – Additional Food Standards

DELETE:
8. Geographic Preference
i. Preference will be given to FSMCs who can provide locally grown unprocessed foods (from
Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West
Virginia). Bidders should certify below the percentage of locally grown or raised foods to be
utilized in meals.

Percentage of Locally Grown or Raised Foods to be utilized in meals: <_________>

INSERT:
8. Geographic Preference
• Preference will be given to FSMCs who can provide locally grown unprocessed foods (from
Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West
Virginia). Contractor should certify below the percentage of locally grown or raised foods to be
utilized in meals.

Percentage of Locally Grown or Raised Foods to be utilized in meals: < 25% >

3. Section C.6.7 - Department of Health: DC Health

DELETE:
1.b. Hold a valid DC Basic Business License (BBL) under the name of the FSMC and school
(IE FSMC/School), with a copy posted conspicuously in the school kitchen and an
electronic copy provided to FNS. It is the respons ibility of the FSMC to obtain and
maintain a valid BBL for each school cafeteria.

INSERT:
1.b. Publicly display a valid DC Basic Business License (BBL) under the name of District of
Columbia Public Schools and the school's name (i.e. DCPS/School). An electronic copy
will be held by FNS.

4. DELETE Section G.5 THE QUICK PAYMENT ACT and INSERT the following:

G.5 THE QUICK PAYMENT ACT (Feb 2019)

G.5.1 Interest Penalties to Contractors

G.5.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment
Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after
the required payment date and ending on the date on which payment of the amount is made.
Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if
payment for the completed delivery of the item of property or service is made on or before the
required payment date. The required payment date shall be:

G.5.1.1.1 The date on which payment is due under the terms of this contract;

G.5.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat
food products;

3 of 4
GAGA-2022-C-0385-C

G.5.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable
agricultural commodity; or

G.5.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of the
payment due.

G.5.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods or
services is made on or before:

G.5.1.2.1 3rd day after the required payment date for meat or a meat product;

G.5.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.5.1.2.3 15th day after any other required payment date.

G.5.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be
added to the principal amount of the debt and thereafter interest penalties shall accrue on the
added amount.

G.5.2 Payments to Subcontractors

G.5.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any amount
paid to the Contractor by the District for work performed by any subcontractor under the contract:

G.5.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or

G.5.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all or
part of the subcontractor’s payment and state the reason for the nonpayment.

G.5.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date on
which the payment is made. Interest shall be calculated at the rate of at least 1% per month. No
interest penalty shall be paid on the following if payment for the completed delivery of the item of
property or service is made on or before the:

G.5.2.2.1 3rd day after the required payment date for meat or a meat product;

G.5.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.5.2.2.3 15th day after any other required payment date.

G.5.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-
day period shall be added to the principal amount of the debt to the subcontractor and thereafter
interest penalties shall accrue on the added amount.

G.5.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does
not constitute a dispute to which the District is a party. The District may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.

4 of 4
GAGA-2022-C-0385-C

G.5.3 Subcontract requirements

G.5.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment
and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d).

G.5.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the
Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an
alternative to administrative or judicial resolution of a dispute between them.

5. INSERT Section H.25, Contract Work Hours and Safety Standards Act

H.26 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (Act), 40 U.S.C §327-330, as supplemented by the Department of Labor regulations, 29
CFR Part 5. Under Section 103 of the Act, the Contractor shall be required to compute the wages of
every laborer on the basis of a standard workday of eight hours and a standard workweek of 40 hours.
Work in excess of the standard workday or standard workweek is permissible, provide that the worker
is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess
of eight hours in any calendar day or forty hours in any work week.

6. All other provisions of the Contract remain the same. This Modification is at no additional cost to the District.

GOVERNMENT OF THE DISTRICT OF COLUMBIA
CHANGE ORDER/UNILATERAL MODIFICATION
Page No. 1 of 2 Page(s)
CONTRACT NO:
GAGA-2022-C-0385-C
EFFECTIVE DATE:
July 1, 2024
MODIFICATION NO:
2
MODIFICATION DATE:

ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
Office: (202) 442-5112
Fax: (202) 442-6105

ISSUED TO: (Contractor)
SodexoMagic, LLC
9801 Washingtonian Blvd
Gaithersburg, MD 20878
Tele: (301) 987-4000

USING AGENCY OR AGENCIES:
DCPS, OCOO, Food and Nutrition Services
TITLE: Food Services Management Company
ACTION: Change Exercise of Option Economic Price Adjustment Other

Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with the
District of Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2, the subject contract
is hereby modified as follows:

1. In accordance with Section F.2 entitled “OPTION TO EXTEND THE TERM OF THE CONTRACT”, the
District of Columbia Public Schools (DCPS) is exercising option year one of the subject Contract in
the amount of twenty million one hundred thirty-two thousand one hundred and seventy dollars
and sixty-six cents ($20,132,170.66).

2. The performance period for option year one is July 1, 2024 through June 30, 2025.

3. DELETE:
G.7 CONTRACTING OFFICER (CO)
Brenda Allen, Contracting Officer
District of Public Schools
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
Email: Brenda.allen2@k12.dc.gov
ALL OTHER CONTRACT TERMS AND CONDITIONS REMAIN UNCHANGED

LaVeta Hilton
DATE CONTRACTING OFFICER SIGNATURE
Case File Contractor PSD Using Agency
6/28/2024
June 28, 2024

SodexoMagic GAGA-2022-C-0385-C Page No. 2 of 2 Page(s)

INSERT:
G.7 CONTRACTING OFFICER (CO)
LaVeta Hilton
Deputy Chief Procurement officer
District of Columbia Public Schools
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE, 9th floor
Washington, DC 20002
Phone: 202-442-5136
E-mail: laVeta.hilton@k12.dc.gov

1. In accordance with section 38(d) of the Standard Contract Provisions (Way to Work Amendment Act of
2006), Effective on January 1, 2024 until June 30, 2024, the District’s living wage rate is $17.05 per hour.
Effective July 1, 2024, the District’s Minimum Wage and Living Wage will increase to $17.50.

2. The Living Wage Act Notice for 2024 is attached and hereby incorporated in the contract as Attachment
J.6.

3. The Living Wage Act Fact Sheet for 2024 is attached and hereby incorporated in the contract as
Attachment J.7.

[ END OF DOCUMENT]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2022-C-0385-C
2. CONTRACT DATE:
November 27, 2023
3. MODIFICATION NO:
3
4. MODIFICATION DATE:
See block 12
5. CAPTION: Food Services Management Company
6. ISSUED TO: (Contractor)
SodexoMagic, LLC
915 Meeting Street, 15th Floor
North Bethesda, MD 20852
Tel e: (301) 987-4000
7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: Office of Operations, Food and Nutrition Services
ACTION: Change Exercise of Option Economic Price Adjustment Other
Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use
with the District of Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2,
the subject contract is hereby modified as follows:
1. In accordance with section 38(d) of the Standard Contract Provisions (Way to Work Amendment
Act of 2006), Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50 per
hour. Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates will increase to
$18.00 per hour.
2. T
he Living Wage Act Notice and Fact Sheet for 2025 are attached and hereby incorporated in the
contract as Attachment J.5 and J.6. Use this link to access the documents:
https://ocp.dc.gov/node/599822.
All other terms and conditions of the contract remain unchanged
10. AMOUNT OF MODIFICATION: $0 CURRENT VALUE OF CONTRACT: $20,132,170.66 (NTE)
CURRENT COMPLETION DATE: June 30, 2025
11 CONTRACTOR
By: Name: Charles Johnson
S ignature of Authorized Representative Title: President Date
12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
S ignature
Case File Contractor PSD Using Agency
2/18/2025
Tabitha Woods Jackson March 17, 2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
BILATERAL MODIFICATION
Page No. 1 of 1 Page(s)
1. CONTRACT NO:
GAGA-2022-C-0385-C
2. CONTRACT DATE:
November 27, 2023
3. MODIFICATION NO:
4
4. MODIFICATION DATE:
See block 12
5. CAPTION: Food Services Management Company
6. ISSUED TO: (Contractor)
SodexoMagic, LLC
915 Meeting Street
North Bethesda, MD 20852
Tele: (301) 987-4000

7. ISSUING OFFICE:
District of Columbia Public Schools (DCPS)
Office of Fiscal Strategy
Contracts and Acquisitions Division
1200 First Street, NE, 9th Floor
Washington, DC 20002
8. PROGRAM OFFICE: Office of Operations, Food and Nutrition Services
ACTION: Change Exercise of Option Economic Price Adjustment Other

Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use
with the District of Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2,
the subject contract is hereby modified as follows:

1. Option year one of the contract is being increased from $20,132,170.66 by $1,998,062.33 to
$22,130,232.99 to include the projected increase in annualized meals served to DCPS. The
contractor shall provide meals that meet all requirements of DCPS, local and federal rules and
regulations; and in accordance with the request from the Program CA and per Contractor’s
quote dated 1/15/25, attached hereto as Attachment A.

2. The total amount for option year one period July 1, 2024 through June 30, 2025 is
$22,130,232.99.

All other terms and conditions of the contract remain unchanged
10. AMOUNT OF MODIFICATION: $1,998,062.33 CURRENT VALUE OF CONTRACT: $22,130,232.99 (NTE)
CURRENT COMPLETION DATE: June 30, 2025

11 CONTRACTOR
By: Name:
Signature of Authorized Representative Title: Date

12. ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
Name:
Title: Contracting Officer Date
Signature
Case File Contractor PSD Using Agency

Charles Johnson
President
4/2/2025
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
NEGOTIATED CONTRACT FOR GOODS AND/OR SERVICES
Page No. 1 of 112 pages
ISSUED BY: Office of Contracts and Acquisitions (OCA)
ADDRESS: 1200 First Street, N.E., 9th Floor
Wash ington, DC 20002
CONTRACT NO
: GAGA-2022-C-0385-C SOLICITATION NO: GAGA-2022-R-0385
PROGRAM OFFICE: Office of the Chief Operations Officer,
CAPTION: Food Services Management Company
TABLE OF CONTENTS
(√) SEC. DESCRIPTION PAGE(S) (√) SEC. DESCRIPTION PAGE(S)
PART 1 – The Schedule PART II – Contract Clauses
√ A Solicitation/Contract Form 1 √ I Contract Clauses 37-44
√ B Supplies/Services and Price/Costs 2-11 PART III – List of Documents, Exhibits, and Other Attach
√ C Description/Specs/Work Statement 11-16 √ J List of Attachments 44-45
√ D Packaging and Marking 17 PART IV – Representations and Instructions
√ E Inspection and Acceptance 17 K Representations, Certifications, and other
Statements of Offerors
N/A
√ F Deliveries or Performance 17-19
√ G Contract Administration 20-25 L Instrs. Conds. & Notices to Offerors NA
√ H Special Contract Requirements 25-36 M Evaluation Factors for Award NA
The un
dersigned offers and agrees that, with respect to all terms and conditions, as negotiated between the offeror and DCPS and contained herein, and the
provisions of the solicitation, constitutes the Formal Contract.
ACCOUNTING AND APPROPRIATION DATA:
CONTRACTOR: (Contractor shall not commence performance until the District
of Columbia Public Schools has signed this document)
Cont
ractor’s Name SodexoMagic, LLC
BY: __
__________________________________________________
Signature of Authorized Representative
Prin
t Name:
____
____________________________________________________
Title
____
________________________
Date
Mail
ing Address of the Contractor
9801 Washingtonian Blvd
Gaithersburg, MD 20878
____
_____________________________________________________
_____
______________________ ________________________
Telephone No. Facsimile No.
ACCEPTANCE BY THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS:
____
______________________________________
Contracting Officer
LaVeta Hilton________________________________
Type or Print Name Date
The information contained in the box below is for District of Columbia Public
Schoo
ls uses only, and in the event of a discrepancy between this information
and the terms of the contract, the contract terms shall take precedence.
PERIOD OF CONTRACT: January 1, 2024, through June 30, 2024
CONTRACT AMOUNT:
$17,540,018.69 (Base Year) - Not to Exceed
SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES, AND PRICE/COST
Charles Johnson
11/14/2023
President

2
B.1 INTRODUCTION
B
.1.1 The District of Columbia Public Schools (DCPS), Office of Food and Nutrition Services (FNS),
in the District of Columbia is seeking a Food Service Management Company (FSMC) to prepare,
furnish, and provide meals and services to 109 school sites (divided into ten clusters) participating in the
Child Nutrition Programs including but not limited to the National School Lunch Program (NSLP),
School Breakfast (SBP), Afterschool Snack (ASSP), Fresh Fruit and Vegetable Program (FFVP), Child
and Adult Care Food (CACFP), and the Summer Food Service Program (SFSP) established by the
United States Department of Agriculture (USDA). The Code of Federal Regulations and the DC Healthy
Schools Act and its subsequent amendments set forth the terms and conditions applicable to the
proposed procurement. The successful bidder shall deliver in accordance with the menu requirements for
each applicable program. The Contractor SodexoMagic) is being awarded forty-eight schools and will
serve schools (11 schools-cluster three, 10 schools-cluster four, 14 schools-cluster 8, and 13 schools-
cluster nine).
B
.1.2 The following cost shall be included in the calculation of the firm fixed unit price per meal:
a. P
urchase food costs, including, but not limited to, the cost of the processed donated foods net
of the value of the USDA donated foods, beverages, merchandise, and supplies and sales use
and other taxes related to these purchases.
b. No
n-food items that are necessary for the meal to be served and eaten.
c. F
SMC(s) salaries, wages, and taxes for employees assigned to the DCPS school facility.
d. F
SMC(s) salaried benefits, retirement plans, and cost of administering such plans for services
for employees working at the DCPS school facility.
e. F
SMC(s) hourly wages and taxes for employees assigned to the DCPS school facility.
f. F
SMC(s) hourly benefits, retirement plans, and the cost of administering such plans for
services for employees working at the DCPS school facility.
g. A
ll insurance is maintained pursuant to the contract.
h. A
ll cleaning supplies are necessary to maintain the sanitation of kitchen facilities.
i. U
niforms and aprons.
j. K
itchen small wares.
k. P
rinting expenses, including but not limited to menus and marketing materials.
l. O
ffice supplies for use by employees working at the DCPS school facility.
m. M
arketing or promotion or proprietary materials, signage and related materials purchased on
behalf of FSMC (s) salaries, wages, and taxes for employees assigned to DCPS Food
Services.
3
n. S
taff Training; and
o. C
ooking classes for students and Room Parents.
B.1.3 T
he Contractor(s) shall be awarded a Requirements Contract based on a fixed unit price with a
cost-reimbursable component as allowable by USDA. DCPS shall not pay any fees, costs, or
charges not clearly identified in the Contractor's proposal and/or any subsequently executed food
service contracts between selected Contractor(s) and DCPS.
B.1.4 P
er USDA 7 CFR Part 210, allowable costs for any and all cost-reimbursable elements of the
contract will be paid from the DCPS nonprofit school food service account to the Contractor(s)
net of all discounts, rebates, and other applicable credits accruing and received by the
Contractor(s) or any assignee under the contract, to the extent those credits are able to be located
to the allowed portion of the costs billed to the school food authority.
B.1.5 T
he Contractor(s) shall provide DCPS with the information described in sections G.2 of this
solicitation related to any cost-reimbursable portions of the contract such that DCPS will be able
to identify allowable and unallowable costs and the amount of any discounts, rebates, and credits
on invoices and bills presented for payment. The Contractor(s) determination of allowable costs
must comply with applicable USDA regulations and 7 CFR Part 210.
B.2 DCPS contemplates the award of a firm fixed unit price and cost-reimbursable contract.
B.3 Price Schedule
B.3.1 FOOD CATEGORIES PRICING
The Contractor(s) shall provide firm fixed unit pricing for the following categories:
B.3.1.1
CLIN 1001 Breakfast
B.3.1.2 CLIN 1002 Lunch
B.3.1.3 CLIN 1003 Afterschool CACFP Supper
B.3.1.4 CLIN 1004 Afterschool Snack Program
B.3.1.5 CLIN 1005 Summer Food Service, Breakfast
B.3.1.6 CLIN 1006 Summer Food Service, Lunch
B.3.1.7 CLIN 1007 Adult Meals, Breakfast
B.3.1.8 CLIN 1008 Adult Meals, Lunch
B.3.1.9 CLIN 1009 CACFP Breakfast
B.3.1.10 CLIN 1010 CACFP Snack
B.3.1.11 CLIN 1011 CACFP Lunch
B
.4 REQUIREMENTS FOR THE BASE YEAR (2023-2024) + FOUR OPTION YEARS
CLIN ENDING
IN
OY1 OY2 OY3 OY4
COST CATEGORY
4

0001 1001 2001 3001 4001 BREAKFAST
0002 1002 2002 3002 4002 LUNCH
0003 1003 2003 3003 4003 AFTERSCHOOL CACFP SUPPER
0004 1004 2004 3004 4004 AFTERSCHOOL SNACK PROGRAM
0005 1005 2005 3005 4005
SUMMER FOOD SERVICE,
BREAKFAST
0006 1006 2006 3006 4006 SUMMER FOOD SERVICE, LUNCH
0007 1007 2007 3007 4007 ADULT MEALS, BREAKFAST
0008 1008 2008 3008 4008 ADULT MEALS, LUNCH
0009 1009 2009 3009 4009 CACFP BREAKFAST
0010 1010 2010 3010 4010 CACFP SNACK
0011 1011 2011 3011 4011 CACFP LUNCH

THIS SPACE INTENTIONALLY LEFT BLANK.

B.4.1 PRICING FOR CLUSTER THREE

B.4.1.1 CLUSTER THREE

Cluster 3: 11 Schools

1. Bruce-Monroe Elementary School
2. Columbia Heights Education Campus
3. H.D. Cooke Elementary School
4. Marie Reed Elementary School
5. Oyster-Adams Education Campus @ Adams
6. Oyster-Adams Education Campus @ Oyster
7. Ross Elementary School
8. School Without Walls at Francis Stevens
9. School Without Walls High Schools
10. Stevens Early Learning Center
11. Tubman Elementary School

B.4.1.2 PRICING FOR CLUSTER FOUR

B. 4.1.2.1 CLUSTER FOUE
CRIPTION
ESTIMATED
QUANTITY
BASE YEAR
ESTIMATED
QUANTITY
FULL YEAR
UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
169,803 291,091 Each 0001 $3. 10 $ 526,389.30 1001 $3.22 $ 938,477.38 2001 $3.35 $ 976,016.48
299,900 514,115 Each 0002 $5. 56 $ 1,667,444.00 1002 $5.78 $ 2,972,818.58 2002 $6.01 $ 3,091,731.32
Supper 0 0 Each 0003 $7. 19 $ - 1003 $7.48 $ - 2003 $7.78 $ -
Snack 68,067 116,686 Each 0004 $2. 47 $ 168,125.49 1004 $2.57 $ 299,743.00 2004 $2.67 $ 311,732.72
Summer Food
Service, Breakfast
4,047 6,938 Each 0005 $3.10 $ 12, 545.70 1005 $3.22 $ 22,368.11 2005 $3.35 $ 23,262.84
Summer Food
Service,
Lunch
6,271
10,750 Each 0006 $5.56
$ 34,
866.76
1006
$5.78 $ 62,160.80
2006
$6.01 $ 64,647.23
, Breakfast 13 22 Each 0007 $3. 10 $ 40.30 1007 $3.22 $ 70.93 2007 $3.35 $ 73.77
, Lunch 13 22 Each 0008 $5. 56 $ 72.28 1008 $5.78 $ 127.21 2008 $6.01 $ 132.30
eakfast 0 0 Each 0009 $3. 10 $ - 1009 $3.22 $ - 2009 $3.35 $ -
ack 0 0 Each 0010 $2. 47 $ - 1010 $2.57 $ - 2010 $2.67 $ -
nch 0 0 Each 0011 $5. 56 $ - 1011 $5.78 $ - 2011 $6.01 $ -
to 548,114 939,624
$ 2,409,483.83 $ 4, 295,766.01 $ 4,467,596.65
CRIPTION
ESTIMATED
QUANTITY UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
291,091 Each 3001 $3.49 $ 1, 015,057.14 4001 $3.63 $ 1,055,659.42
514,115 Each 3002 $6.25 $ 3, 215,400.57 4002 $6.50 $ 3,344,016.59
Supper 0 Each 3003 $8.09 $ - 4003 $8.41 $ -
Snack 116,686 Each 3004 $2.78 $ 324, 202.03 4004 $2.89 $ 337,170.11
Summer Food
Service,
Breakfast
6,938 Each 3005
$3.49 $ 24,193.35
4005
$3.
63 $ 25,161.08
Summer Food
Service, Lunch 10,750 Each 3006 $6.25 $ 67,233.12 4006 $6. 50 $ 69,922.45
, Breakfast 22 Each 3007 $3.49 $ 76. 72 4007 $3.63 $ 79.78
, Lunch 22 Each 3008 $6.25 $ 137. 59 4008 $6.50 $ 143.10
eakfast 0 Each 3009 $3.49 $ - 4009 $3.63 $ -
ack 0 Each 3010 $2.78 $ - 4010 $2.89 $ -
nch 0 Each 3011 $6.25 $ - 4011 $6.50 $ -
to 939,624
$ 4,646,300.52 $ 4,832,152.54
Option YR 3 OPTION YR 4
OY 3 Price OY 4 Price
Base Yr Price OY 1 Price OY 2 Price
Cluster 3 BASE YEAR 1/1/24-6/30/24 OPTION YR 1 OPTION YR 2
6

Cluster 4: 10 Schools

1. Bancroft Elementary School
2. Barnard Elementary School
3. Dorothy I. Height Elementary School
4. John Lewis Elementary School
5. MacFarland Middle School
6. Powell Elementary School
7. Raymond Elementary School
8. Roosevelt High School
9. Roosevelt STAY
10. Truesdell Elementary School

ITEM DESCRIPTION
ESTIMATED
QUANTITY
BASE YEAR
ESTIMATED
QUANTITY
FULL YEAR
UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 245,205 420,352 Each 0001 $3.10 $ 760,135.50 1001 $3.22 $ 1,355,214.85 2001 $3.35 $ 1,409,423.44
Lunch 374,156 641,410 Each 0002 $4.71 $ 1,762,274.76 1002 $4.90 $ 3,141,882.74 2002 $5.09 $ 3,267,558.05
Afterschool Supper 79,003 135,433 Each 0003 $7.19 $ 568,031.57 1003 $7.48 $ 1,012,713.80 2003 $7.78 $ 1,053,222.35
Afterschool Snack 52,596 90,164 Each 0004 $2.47 $ 129,912.12 1004 $2.57 $ 231,613.28 2004 $2.67 $ 240,877.81
Summer Food
Service, Breakfast
3,679 6,307 Each 0005 $3.10 $ 11,404.90 1005 $3.22 $ 20,333.77 2005 $3.35 $ 21,147.12
Summer Food
Service,
Lunch
5,701
9,773 Each 0006 $4.71
$ 26,851.71
1006
$4.90 $ 47,872.06
2006
$5.09 $ 49,786.95
Adult Meals, Breakfast 12 20 Each 0007 $3.10 $ 37.20 1007 $3.22 $ 64.48 2007 $3.35 $ 67.06
Adult Meals, Lunch 12 20 Each 0008 $4.71 $ 56.52 1008 $4.90 $ 97.97 2008 $5.09 $ 101.89
CACFP Breakfast 9 15 Each 0009 $3.10 $ 27.90 1009 $3.22 $ 48.36 2009 $3.35 $ 50.29
CACFP Snack 9 15 Each 0010 $2.47 $ 22.23 1010 $2.57 $ 38.53 2010 $2.67 $ 40.07
CACFP Lunch 9 15 Each 0011 $4.71 $ 42.39 1011 $4.90 $ 73.48 2011 $5.09 $ 76.42
Total (Not to
Exceed)
760,391 1,303,524
$ 3,258,796.80 $ 5,809,953.32 $ 6,042,351.46
ITEM DESCRIPTION
ESTIMATED
QUANTITY UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 420,352 Each 3001 $3.49 $ 1,465,800.38 4001 $3.63 $ 1,524,432.39
Lunch 641,410 Each 3002 $5.30 $ 3,398,260.38 4002 $5.51 $ 3,534,190.79
Afterschool Supper 135,433 Each 3003 $8.09 $ 1,095,351.25 4003 $8.41 $ 1,139,165.30
Afterschool Snack 90,164 Each 3004 $2.78 $ 250,512.93 4004 $2.89 $ 260,533.44
Summer Food
Service,
Breakfast
6,307 Each 3005
$3.49 $ 21,993.00
4005
$3.63 $ 22,872.72
Summer Food
Service, Lunch 9,773 Each 3006 $5.30 $ 51,778.42 4006 $5.51 $ 53,849.56
Adult Meals, Breakfast 20 Each 3007 $3.49 $ 69.74 4007 $3.63 $ 72.53
Adult Meals, Lunch 20 Each 3008 $5.30 $ 105.96 4008 $5.51 $ 110.20
CACFP Breakfast 15 Each 3009 $3.49 $ 52.31 4009 $3.63 $ 54.40
CACFP Snack 15 Each 3010 $2.78 $ 41.68 4010 $2.89 $ 43.34
CACFP Lunch 15 Each 3011 $5.30 $ 79.47 4011 $5.51 $ 82.65
Total (Not to
Exceed)
1,303,524
$ 6,284,045.51 $ 6,535,407.33
Option YR 3 OPTION YR 4
OY 3 Price OY 4 Price
Base Yr Price OY 1 Price OY 2 Price
Cluster 4 BASE YEAR 1/1/24-6/30/24 OPTION YR 1 OPTION YR 2
7

B.4.1.3 PRICING FOR CLUSTER EIGHT:

B.4.1.3.1 CLUSTER EIGHT

Cluster 8: 14 Schools

1. Brightwood Elementary School
2. Coolidge High School
3. Deal Middle School
4. Hearst Elementary School
5. Ida B. Wells Middle School
6. Jackson Reed High School
7. Janney Elementary School
8. Lafayette Elementary School
9. LaSalle-Backus Elementary School
10. Military Road Early Learning Center
11. Murch Elementary School
12. Shepherd Elementary School
13. Takoma Elementary School
14. Whittier Elementary School

B.4.1.4 PRICING FOR CLUSTER NINE:
ITEM DESCRIPTION
ESTIMATED
QUANTITY
BASE YEAR
ESTIMATED
QUANTITY
FULL YEAR
UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 217,950 373,628 Each 0001 $3.10 $ 675,645.00 1001 $3.22 $ 1,204,576.67 2001 $3.35 $ 1,252,759.74
Lunch 374,841 642,584 Each 0002 $5.19 $ 1,945,424.79 1002 $5.40 $ 3,468,411.40 2002 $5.61 $ 3,607,147.85
Afterschool Supper 36,271 62,178 Each 0003 $7.19 $ 260,788.49 1003 $7.48 $ 464,942.21 2003 $7.78 $ 483,539.90
Afterschool Snack 25,256 43,296 Each 0004 $2.47 $ 62,382.32 1004 $2.57 $ 111,218.76 2004 $2.67 $ 115,667.52
Summer Food
Service, Breakfast
5,151 8,830 Each 0005 $3.10 $ 15,968.10 1005 $3.22 $ 28,467.92 2005 $3.35 $ 29,606.64
Summer Food
Service,
Lunch
7,982
13,684 Each 0006 $5.19
$ 41,426.58
1006
$5.40 $ 73,860.76
2006
$5.61 $ 76,815.19
Adult Meals, Breakfast 16 28 Each 0007 $3.10 $ 49.60 1007 $3.22 $ 90.27 2007 $3.35 $ 93.88
Adult Meals, Lunch 16 28 Each 0008 $5.19 $ 83.04 1008 $5.40 $ 151.13 2008 $5.61 $ 157.18
CACFP Breakfast 9 15 Each 0009 $3.10 $ 27.90 1009 $3.22 $ 48.36 2009 $3.35 $ 50.29
CACFP Snack 9 15 Each 0010 $2.47 $ 22.23 1010 $2.57 $ 38.53 2010 $2.67 $ 40.07
CACFP Lunch 9 15 Each 0011 $5.19 $ 46.71 1011 $5.40 $ 80.96 2011 $5.61 $ 84.20
Total (Not to
Exceed)
667,510 1,144,301
$ 3,001,864.76 $ 5,351,886.99 $ 5,565,962.47
ITEM DESCRIPTION
ESTIMATED
QUANTITY UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 373,628 Each 3001 $3.49 $ 1,302,870.13 4001 $3.63 $ 1,354,984.93
Lunch 642,584 Each 3002 $5.84 $ 3,751,433.77 4002 $6.07 $ 3,901,491.12
Afterschool Supper 62,178 Each 3003 $8.09 $ 502,881.50 4003 $8.41 $ 522,996.76
Afterschool Snack 43,296 Each 3004 $2.78 $ 120,294.22 4004 $2.89 $ 125,105.98
Summer Food
Service,
Breakfast
8,830 Each 3005
$3.49 $ 30,790.90
4005
$3.63 $ 32,022.54
Summer Food
Service, Lunch 13,684 Each 3006 $5.84 $ 79,887.80 4006 $6.07 $ 83,083.31
Adult Meals, Breakfast 28 Each 3007 $3.49 $ 97.64 4007 $3.63 $ 101.54
Adult Meals, Lunch 28 Each 3008 $5.84 $ 163.47 4008 $6.07 $ 170.00
CACFP Breakfast 15 Each 3009 $3.49 $ 52.31 4009 $3.63 $ 54.40
CACFP Snack 15 Each 3010 $2.78 $ 41.68 4010 $2.89 $ 43.34
CACFP Lunch 15 Each 3011 $5.84 $ 87.57 4011 $6.07 $ 91.07
Total (Not to
Exceed)
1,144,301
$ 5,788,600.97 $ 6,020,145.00
Option YR 3 OPTION YR 4
OY 3 Price OY 4 Price
Base Yr Price OY 1 Price OY 2 Price
Cluster 8 BASE YEAR 1/1/24-6/30/24 OPTION YR 1 OPTION YR 2
8

B.4.1.4.1 CLUSTER NINE

Cluster 9: 13 Schools

1. Banneker High School
2. Cardozo Education Campus
3. Cleveland Elementary School
4. Duke Ellington School of the Arts
5. Eaton Elementary School
6. Garrison Elementary School
7. Hardy Middle School
8. Hyde-Addison Elementary School
9. Key Elementary School
10. Mann Elementary School
11. Seaton Elementary School
12. Stoddert Elementary School
13. Thomson Elementary School

BASE YEAR TRANSITION COST FOR CLUSTERS 1, 2, 5, 6, and 7

ITEM DESCRIPTION
ESTIMATED
QUANTITY
BASE YEAR
ESTIMATED
QUANTITY
FULL YEAR
UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 152,235 260,974 Each 0001 $3.10 $ 471,928.50 1001 $3.22 $ 841,380.18 2001 $3.35 $ 875,035.38
Lunch 290,975 498,814 Each 0002 $5.71 $ 1,661,467.25 1002 $5.94 $ 2,962,157.06 2002 $6.18 $ 3,080,643.34
Afterschool Supper 51,402 88,118 Each 0003 $7.19 $ 369,580.38 1003 $7.48 $ 658,911.16 2003 $7.78 $ 685,267.60
Afterschool Snack 24,934 42,744 Each 0004 $2.47 $ 61,586.98 1004 $2.57 $ 109,800.79 2004 $2.67 $ 114,192.82
Summer Food
Service, Breakfast
4,781 8,196 Each 0005 $3.10 $ 14,821.10 1005 $3.22 $ 26,423.90 2005 $3.35 $ 27,480.86
Summer Food
Service,
Lunch
7,414
12,710 Each 0006 $5.71
$ 42,333.94
1006
$5.94 $ 75,477.06
2006
$6.18 $ 78,496.15
Adult Meals, Breakfast 15 26 Each 0007 $3.10 $ 46.50 1007 $3.22 $ 83.82 2007 $3.35 $ 87.18
Adult Meals, Lunch 15 26 Each 0008 $5.71 $ 85.65 1008 $5.94 $ 154.40 2008 $6.18 $ 160.57
CACFP Breakfast 9 15 Each 0009 $3.10 $ 27.90 1009 $3.22 $ 48.36 2009 $3.35 $ 50.29
CACFP Snack 9 15 Each 0010 $2.47 $ 22.23 1010 $2.57 $ 38.53 2010 $2.67 $ 40.07
CACFP Lunch 9 15 Each 0011 $5.71 $ 51.39 1011 $5.94 $ 89.08 2011 $6.18 $ 92.64
Total (Not to
Exceed)
531,798 911,653
$ 2,621,951.82 $ 4,674,564.34 $ 4,861,546.91
ITEM DESCRIPTION
ESTIMATED
QUANTITY UNIT CLIN
FIXED
UNIT
PRICE
EST. TOTAL
CLIN
FIXED
UNIT
PRICE
EST. TOTAL
Breakfast 260,974 Each 3001 $3.49 $ 910,036.80 4001 $3.63 $ 946,438.27
Lunch 498,814 Each 3002 $6.42 $ 3,203,869.07 4002 $6.68 $ 3,332,023.84
Afterschool Supper 88,118 Each 3003 $8.09 $ 712,678.31 4003 $8.41 $ 741,185.44
Afterschool Snack 42,744 Each 3004 $2.78 $ 118,760.53 4004 $2.89 $ 123,510.95
Summer Food
Service,
Breakfast
8,196 Each 3005
$3.49 $ 28,580.09
4005
$3.63 $ 29,723.30
Summer Food
Service, Lunch 12,710 Each 3006 $6.42 $ 81,635.99 4006 $6.68 $ 84,901.43
Adult Meals, Breakfast 26 Each 3007 $3.49 $ 90.66 4007 $3.63 $ 94.29
Adult Meals, Lunch 26 Each 3008 $6.42 $ 167.00 4008 $6.68 $ 173.68
CACFP Breakfast 15 Each 3009 $3.49 $ 52.31 4009 $3.63 $ 54.40
CACFP Snack 15 Each 3010 $2.78 $ 41.68 4010 $2.89 $ 43.34
CACFP Lunch 15 Each 3011 $6.42 $ 96.34 4011 $6.68 $ 100.20
Total (Not to
Exceed)
911,653
$ 5,056,008.79 $ 5,258,249.14
Option YR 3 OPTION YR 4
OY 3 Price OY 4 Price
Base Yr Price OY 1 Price OY 2 Price
Cluster 9 BASE YEAR 1/1/24-6/30/24 OPTION YR 1 OPTION YR 2
9

B.4.1.4.2 Pricing Summary
Period of Performance Amount
Base Year- January 1, 2024 - June 30, 2024 $17,540,018.69
Option Year One – July 1, 2024 – June 30, 2025 $20,132,170.66
Option Year Two – July 1, 2025 – June 30, 2026 $20,937,457.49
Option Year Three – July 1, 2026 – June 30, 2027 $21,774,955.79
Option Year Four- July 1, 2027 – June 30, 2028 $22,645,954.01
Total Pricing Summary $103,030,556.64

B.5 REQUIREMENTS CONTRACT
The District will purchase its requirements of the articles or services included herein from the
Contractor. The estimated quantities stated herein reflect the best estimates available. The estimate shall
not be construed as a representation that the estimated quantity will be required or ordered or that
conditions affecting requirements will be stable. The estimated quantities shall not be construed to limit
the quantities which may be ordered from the Contractor by the District or to relieve the Contractor of
its obligation to fill all such orders.

a) Delivery or performance shall be made only as authorized in accordance with the Ordering Clause,
G.10. The District may issue orders requiring delivery to multiple destinations or performance at
multiple locations. If the District urgently requires delivery before the earliest date that delivery may
be specified under this contract, and if the Contractor shall not accept an order providing for the
accelerated delivery, the District may acquire the urgently required goods or services from another
source.

Cluster 1
Item Description Estimated
Qty
Unit Fixed
Unit
Price
Est Total
Transition Period 90 days $1,620,343.20
Cluster 2
Item Description Estimated
Qty
Unit Fixed
Unit
Price
Est Total
Transition Period 90 days $1,617,133.37
Cluster 5
Item Description Estimated
Qty
Unit Fixed
Unit
Price
Est Total
Transition Period 90 days $478,197.85
Cluster 6
Item Description Estimated
Qty
Unit Fixed
Unit
Price
Est Total
Transition Period 90 days $1,136,603.22
Cluster 7
Item Description Estimated
Qty
Unit Fixed
Unit
Price
Est Total
Transition Period 90 days $1,395,643.840012
Clin
0012
Base Year
Clin
0012
Base Year
Clin
0012
Base Year
Clin
Base Year
Base Year
Clin
0012
10

b) There is no limit on the number of orders that may be issued. The District may issue orders
requiring delivery to multiple destinations or performance at multiple locations.

c) Any order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall
govern the Contractor's and District's rights and obligations with respect to that order to the same
extent as if the order were completed during the contract's effective period, provided that the
Contractor shall not be required to make any deliveries under this contract after June 30, 2028.

THIS SPACE INTENTIONALLY LEFT BLANK.

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

DCPS is seeking a Food Service Management Company (FSMC) to implement and manage
DCPS Food Service Program in up to 109 schools. School operations are not limited to
weekdays and may include evenings and weekends. The FSMC shall prepare, serve, transport (if
applicable) and account for meals on all DCPS operating days and in extenuating circumstances,
such as during storms or other acts of God where assistance to school children, families, and the
community is required. Such services include management of the School Breakfast Program
(SBP) (including, but not limited to, “breakfast in the classroom” and other alternative program
configurations), the National School Lunch Program (NSLP), the Summer Food Service
Program (SFSP), Seamless Summer Operation (SSO), the After School Snack Program (ASSP),
the At-Risk Child and Adult Care Food Programs (CACFP), the Fresh Fruit and Vegetable
Program (FFVP) as established by the United States Department of Agriculture, a la carte meals
and items, adult meals, and any other food service program organized within the breadth of Food
and Nutrition services specified the contract, as applicable. The number of school sites under
contract and/or locations of schools is subject to change over the contract term for a variety of
reasons, including, but not limited to, modernization, consolidation, new school sites, DCPS
special initiatives, Contractor(s) performance, and/or closure of school buildings. The code of
federal regulations and the D.C. Healthy Schools Act and its subsequent amendments set forth
the terms and conditions applicable to the proposed procurement. All meals furnished by the
FSMC must also be in compliance with the Healthy Schools Act and its subsequent amendments.

C.1.1 Values Statement

DCPS supports student health and achievement by ensuring that all DCPS students receive
nutritious meals that support academic success. We believe in providing appetizing school meals
made from fresh, locally produced ingredients, and we strive to engage the entire DC community
in implementing programs that encourage healthy decision-making and promote sustainable
practices.

A. DCPS values fall within the following four focus areas:

1. Student Health and Achievement. FNS promotes academic and social achievement in and
out of the classroom by prioritizing food quality, student satisfaction, nutrition, and
wellness while providing meaningful student engagement opportunities.
2. Community. FNS seeks to address the greatest needs of the communities we serve by
prioritizing families, partnering with internal and external stakeholders, and providing
transparency and clarity through our communication channels.
3. Equity. All students should have access to nutritious, high- quality, and culturally
appropriate meals with comprehensive resources allocated to provide programming that
meets the needs of our school communities.

4. Continuous and Strategic Improvement. In order to cultivate a successful and creative
environment for our students, communities, and partners, FNS will continue to leverage:
a. Data and analytics to make informed decisions;
b. Innovative technology to better support overall operations; and.
c. Strong business practices to make ethical and financially sound decisions.

C.1.2 Main Objectives:

A. The DCPS food service program should be operated and maintained as a benefit to DCPS
students and the community.

B. The DCPS food service program shall operate in a manner that is fiscally responsible and
no greater than the rate of reimbursement per meal provided by the USDA, a standard
practice for school nutrition programs and an essential component of DCPS’
programmatic success. A financial plan detailing this strategy is required as a component
of this procurement.

C.1.3 Program Compliance:

A. The FSMC shall adhere to all DCPS, local, and federal compliance requirements,
including student eligibility, meal counting and claiming, nutrition and allergen
requirements, and medical substitutions; and

B. The FSMC shall maintain all food service program required and DCPS- specified records
for each state and federally mandated audit reporting period and assist with food service
program audits as necessary.

C. FSMC shall provide DCPS with all nutritional documentation or data necessary to
maintain program compliance in the timeframe specified by DCPS.

D. DCPS reserves the right to audit FSMC facilities and operations to ensure nutritional,
food quality, or procurement compliance.

C.1.4 Fiscal Management & Reporting:

A. The FSMC shall manage and accurately report, daily, all revenue-generating activities
through the approved, DCPS-owned Point-of-Sale (POS) system in coordination with the
Office of the Chief Financial Officer (OCFO), including, but not limited to, cash sales
and federal reimbursements.

B. The FSMC shall manage and accurately report all revenues, credits, fees, and expense
items in a manner and format agreed to by DCPS; and

C. The FSMC shall manage and accurately report the food service program income position
as required by DCPS.

C.1.5 Operations & Performance:

A. The FSMC shall increase the Food & Nutrition Program s atisfaction versus each prior
school year by improving the quality of meals and service through enhancements in
execution and innovation and by mitigating barriers to meal participation across all
schools. The FSMC shall provide and be accountable to an annual plan to improve with
satisfaction of food and service, and report on the status of meeting the objectives of its
plan as a component of its regularly scheduled reporting. The annual satisfaction plan is
due to procurement upon award and 60 days prior to the start of each regular school year
electronically and in hard copy in accordance with the table contained in section F.3 and
shall be subject to approval by DCPS. Failure to improve where satisfaction rates are
below 85% is subject to the reassignment of individual schools as stipulated in section
I.20. An executive summary of the approach to be implemented is due as a component of
this procurement. The annual satisfaction plan initiatives must contain deliverables that
are specific, measurable, achievable, realistic, and time-bound (S.M.A.R.T.) in nature.

B. The FSMC shall assist DCPS in measuring satisfaction among DCPS students via
surveys to be administered twice annually. These surveys and surveying processes shall
be subject to approval by DCPS.

C. The FSMC shall participate in waste studies annually to further determine consumption
rates and relationships to satisfaction. Frequency and method of evaluation shall be
determined by DCPS each year, with feedback provided by the FSMC considered prior to
implementation.

D. The FSMC shall have experience operating in a large, urban school-district setting
(duration of at least 10 years). The FSMC shall be able to demonstrate experience
operating similar Food Services Programs and perform the same or similar functions.

E. The FSMC shall manage and conduct all procurement relating to the Food Service
Program in accordance with all applicable Federal and District procurement laws, subject
to any requirements set forth herein.

F. The FSMC shall work with DCPS to manage the USDA Foods program in coordination
with OSSE.

G. The FSMC shall work with DCPS to manage all other federal or state food programs,
including the Fresh Fruit and Vegetable Program (FFVP), in coordination with OSSE;
and

District Standard(s) FNS Daily Accountability Policy & Procedures; FNS Site Review Process;
DCPS Standard Operating Procedures
Local Standard(s) All state and local regulations, policies, and procedures, including but not
limited to the Healthy Schools Act, the Sustainable DC Omnibus Amendment
Act of 2014, and both of their subsequent amendments and all State Agency
memoranda and requirements. The District of Columbia Municipal
Regulations (DCMR Title 27),
14

Federal Standard(s) The FSMC must conduct all program operations in accordance with federal
regulations, United States Department of Agriculture 7 CFR Parts 210, 215,
220, 225, 226, 240, 245, 250, 2 CFR 200.318-.326, 2 CFR Appendix II to Part
200, Part 180 and FNS instructions, policies, and memoranda, as applicable.

H. FSMC shall abide by the DCPS- specific standards where the standards exceed the federal
requirements and the HSA and shall abide by the HSA where the standards exceed the
federal requirements.

I. FSMC shall abide by all applicable policies, procedures, and directives of DCPS which
shall be provided to FSMC by DCPS.

J. FSMC communication with School Administrators, teachers, and other school personnel
shall be professional. FNS designated point of contact shall be copied on all
communication sent by the FSMC to the school principal.

K. The FSMC shall provide detailed analysis relating to fiscal management, program
compliance, operations, and performance as specified by DCPS each month.

L. At the termination of the contract, all program records maintained by the FSMC shall be
released and returned to DCPS.

C.1.6 Additional Scope:

A. FSMC agrees to furnish meals and milk to locations set out in Schedule A, attached
hereto; and made a part hereof, subject to the terms and conditions of this solicitation.

B. FSMC agrees to prepare meals. The SFA reserves the right to determine the type of meal
served at each site, to each grade, and for each meal service. If more than one type of
meal service is requested, site, meal, and grade-specific are included here: traditional,
grab-and-go meals in the classroom, field trips, and special events.

C. FSMC agrees to provide delivered and/or prepared on- site meals. The SFA reserves the
right to determine the type of meal preparation at each site, to each grade, and for each
meal service. If more than one type of meal preparation is requested, site, meal, and
grade-specific details are included here: unitized meals may be requested periodically for
swing space sites or emergency meal distribution.

D. All meals furnished must meet or exceed USDA requirements set out in
attachments, attached hereto, and made a part hereof. http://www.fns.usda.gov/cnd

E. All meals furnished must meet or exceed the requirements of the Healthy Schools Act
and its subsequent amendments, which can be found at
https://code.dccouncil.us/dc/council/code/titles/38/chapters/8A/. The Healthy Schools
Act (HSA) Requirements are available in Attachment D.

F. FSMC shall furnish meals as ordered by the SFA during the period of January 1, 2024, to
June 30, 2024. Meals shall be served according to Schedule B.

C.1. Good Food Purchasing Program
a. DCPS works to provide the highest quality meals to its students and views school
meals as an essential component to student health, well-being, and future success.
DCPS is participating in the Good Food Purchasing Program, a metric-based,
flexible framework that encourages large SFAs to direct their purchasing power
towards five core values: local economies, environmental sustainability, valued
workforce, animal welfare, and nutrition. To help DCPS make progress toward
this goal, FSMC shall be asked to source products adhering to these values.

C.1.8.A USDA Foods
a. The FSMC must credit the SFA for the value of all donated foods received for use in the
SFAs meal service in the school year (including both USDA Foods and bonus foods) and
including the value of donated foods contained in processed end products in accordance
with §250.51(a).
b. The method of determining the donated food values to be used in crediting, the method
and frequency by which crediting will occur, and the means of documentation to be
utilized to verify that the value of all donated foods has been credited, is shown in
Sections B.1.11, C.1.8.A, and G.1.
c. The method of determining the donated food values to be used in crediting is in
accordance with §250.51(c) or based on actual donated food values.
d. Activities relating to donated foods that the FSMC will be responsible for, in accordance
with §250.50(d), and assurance that such activities will be performed in accordance with
the applicable requirements in 7 CFR part 250, are listed here:
i. The FSMC will use all donated beef and pork products, and all processed end
products, in the SFA’s food service.
ii. The FSMC will use all other donated foods or will use commercially purchased
foods of the same generic identity, of U.S. origin, and of equal or better quality
than the donated foods in the SFA’s food service.
iii. The FSMC will prepare and serve meals in accordance with 7 CFR part 250.50
(d)(1).
iv. The FSMC will order or select donated foods in coordination with the recipient
agency and in accordance with 7 CFR part 250.58(a).
v. The payment of processing fees or submittal of refund requests to a processor on
behalf of the recipient agency, or remittance of refunds for the value of donated
foods in processed end products to the recipient agency, in accordance with the
requirements in 250 part C.
vi. The procurement of processed end products on behalf of the SFA or acting of
intermediary in passing the donated food value in processed end products on to
the recipient agency, as applicable, will ensure compliance with the requirements
in subpart C of 7 CFR part 250 and with the provisions of distributing agency
processing agreements, and will ensure crediting of the SFA for the value of
donated foods contained in such end products at the processing agreement value.
vii. The FSMC will not itself enter into the processing agreement with the processor
required in subpart C of 7 CFR part 250.
16

viii. The FSMC will comply with the storage and inventory requirements for donated
foods in 250.14.
ix. The distributing agency, the SFA, the Comptroller General, the Department of
Agriculture, or their duly authorized representatives, may perform onsite reviews
of the FSMC’s food service operation, including the review of records, to ensure
compliance with requirements for the management and use of donated foods.
x. The FSMC will maintain records to document its compliance with requirements
relating to donated foods, in accordance with §250.54(b); and
xi. The extensions or renewals of the contract, if applicable, are contingent upon the
fulfillment of all contract provisions relating to donated foods.
e. Per 7 CFR210.16(a)(6), all federally donated foods received by the SFA and made
available to the FSMC must accrue only to the benefit of the SFA’s nonprofit food
service and shall be fully utilized therein.
f. SFAs that have participated in Child Nutrition Programs for one year and are in good
standing can use USDA Foods.
g. In the event a FSMC has not fully utilized the USDA Foods PAL by the end of the school
year, the FSMC must credit SFA for the value of unused USDA food by the end of the
school year in which the USDA Foods were received. If the contract is not renewed, the
FSMC will, at the State Agency’s discretion, pay the value of the remaining donated
foods or return the unopened cases for the benefit of the school. However, the FSMC
cannot pay the SFA for any unused beef, pork, or processed end products, but instead
must return these to the SFA.

C.1.8.B USDA Foods for FSMC who prepare meals in a central facility and deliver them to
service sites:
a. The FSMC must credit the SFA for the value of all donated foods received for use in the
SFA’s meal service in the school year (including both planned assistance level and bonus
foods) and including the value of donated foods contained in processed end products in
accordance with 250.36.
b. The method of determining the donated food values to be used in crediting, the method
and frequency by which crediting will occur, and the means of documentation to be
utilized to verify that the value of all donated foods has been credited, is shown in
Section B.1.11, C.1.8.A, and G.1.
c. The procurement of processed end products on behalf of the SFA, as applicable, will
ensure compliance with the requirements in subpart C of 7 CFR part 250 and with the
provisions of distributing agency processing agreements and will ensure crediting of the
SFA for the value of donated foods contained in such end products at the processing
agreement value. Activities relating to donated foods that the FSMC will be responsible
for in accordance with the applicable requirements in 7 CFR part 250; are listed here:
i. The FSMC will use all other donated foods or will use commercially purchased
foods of the same generic identity, of U.S. origin, and of equal or better quality
than the donated foods in the SFA’s food service.
ii. The FSMC will use all donated ground beef and ground pork products and all
processed end products in the SFA’s food service.
iii. The FSMC must compensate the distributing agency or the SFA, as appropriate,
for the loss of donated foods or for the loss of commercially purchased foods
substituted for donated foods in accordance with 250.33.3.c.
17

iv. The FSMC will comply with the storage, food safety, quality control, and
inventory management requirements for donated foods per 250.35.
v. The distributing agency, the SFA, the Comptroller General, the Department of
Agriculture, or their duly authorized representatives, may perform onsite reviews
of the FSMC’s food service operation, including the review of records, to ensure
compliance with requirements for the management and use of donated foods.
vi. The FSMC will maintain records to document its compliance with requirements
relating to donated foods in accordance with 250.37.
vii. The extensions or renewals of the contract, if applicable, are contingent upon the
fulfillment of all contract provisions relating to donated foods.
viii. The FSMC will not comingle backhauled foods or use the backhauled food as
substitutes. The FSMC may only use backhauled foods in end products that are
delivered to the SFA from which they were received, in accordance with 7 CFR
250.38(b)(5), (c)(11).
ix. The FSMC will obtain independent CPA audits and correct any deficiencies
identified in the audits in accordance with 7 CFR 250.38(c)(18).
x. The FSMC will enter into adequate data sharing, reporting, and crediting
agreements with any and all distributors delivering processed end products to the
SFA.
xi. FSMC agrees to provide a performance bond or letter of credit to the SFA as part
of this bid that protects the value of donated foods to be received for processing in
accordance with 7 CFR 250.32(a); 250.38(c)(5).
xii. End product data schedules [two options] [Option 1 for contracts with in-state
processors: The FSMC agrees to submit an end product data schedule in
accordance with 7 CFR 250.33 and before processing donated foods into end
products. A new submission is required for each new end product or when
altering the ingredients or other pertinent information in an existing end product.
The FSMC will submit the data schedule to [OSSE/distributing agency] and, if
containing donated red meat or poultry, to the USDA. The data schedule should
include a description of the end product; the types and quantities of donated foods
included the types and quantities of other ingredients included the quantify of end
product produced; and the processing yield of donated food. Option 2 for
contracts with multi-state processors: The FSMC agrees to submit an end product
data schedule to the USDA in accordance with 7 CFR 250.33 and before
processing donated foods into end products. A new submission is required for
each new end product or when altering the ingredients or other pertinent
information in an existing end product. The data schedule should include a
description of the end product; the types and quantities of donated foods included
the types and quantities of other ingredients included the quantify of end product
produced; and the processing yield of donated food.]

d. Per 7 CFR210.16(a)(6), all federally donated foods received by the SFA and made
available to the FSMC must accrue only to the benefit of the SFA’s nonprofit food
service and shall be fully utilized therein.
e. SFAs that have participated in the Child Nutrition Programs for one year and are in good
standing can use USDA Foods.
f. In the event a FSMC has not fully utilized the USDA Foods PAL by the end of the school
year, the FSMC must credit the SFA for the value of unused USDA food by the end of
18

the school year in which the USDA Foods were received. If the contract is not renewed,
the FSMC will, at the State Agency’s discretion, pay the value of the remaining donated
foods or return the unopened cases for the benefit of the school. However, the FSMC
cannot pay the SFA for any unused beef, pork, or processed end products, but instead
must return these to the SFA.

C.1.9 The FSMC agrees to assume the responsibility of adhering to the Buy American
provision on behalf of the SFA. The SFA participates in the NSLP and SBP and is
required to use the nonprofit food service funds, to the maximum extent practicable, to
buy domestic commodities or products for Program meals. A ‘domestic commodity or
product’ is defined as one that is either produced in the U.S. or is processed in the U.S.
substantially using agricultural commodities that are produced in the U.S. as provided in
7 CFR 210.21(d). “Substantially” means over 51% from American products. The FSMC
must be able to provide product label information that clearly shows country of origin for
all food and beverage products in the meal program. For products which do not have
country of origin labels, the FSMC must provide certification of domestic origin. In the
event that the FSMC cannot obtain a domestic product due to availability and/or a
significantly higher cost and cannot find an appropriate substitute, the FSMC may request
an exception from the SFA. Exceptions may be requested at any point during the school
year, are approved at the discretion of the SFA, must be submitted prior to the purchase
of the non-domestic food, and limited exceptions will be allowed. To request an
exception, the FSMC must submit in writing to the SFA.

Alternative substitute(s) that are domestic and meet the required specifications:

a. Price of the domestic food alternative substitute(s); and
b. Availability of the domestic alternative substitute(s) in relation to the quantity
ordered.
ii. Reason for exception: limited/lack of availability or price (include price):
a. Price of the domestic food product; and
b. Price of the non-domestic product that meets the required specification of the
domestic product.
iii. The time period for which the FSMC is requesting to purchase this item from a
non-domestic source.

C.1.10 The FSMC shall keep SFA informed of new products, new brands or labels, or
promotions that would be advantageous to the operations of the SFA’s program, inclusive
of point-of-sale materials and give-away promotions.

C.1.11 FSMC shall abide by DCPS-specific product and brand specifications standards for all
procured items as directed. Alternative products may be considered; however, DCPS
reserves the right to specify products and brands to best serve its needs.

C.1.12. The FSMC agrees to make available to the SFA a knowledgeable K-12 representative
who is well versed in all aspects of the associated Federal and State regulations and in the
process of accounting for and reporting USDA Foods usage on a timely and accurate
basis.

C.1.13. The FSMC agrees to make available a knowledgeable school nutrition representative
who can obtain licensure status as a dietitian or nutritionist in the District of Columbia for
the purposes of menu planning, diet accommodations, and education needs.

C.1.14. The FSMC must make reasonable modifications to accommodate children with
disabilities. This includes providing special meals, at no extra charge, to students with
disabilities when the disability restricts the child’s diet. Substitutions must be made to
meals for children with a disability that restricts the child’s diet on a case-by-case basis
and only when supported by a written statement from a State licensed healthcare
professional who is authorized to write medical prescriptions under State law. The SFA
will provide FSMC with all documentation for approved meal modifications.

C.1.15. The FSMC shall submit two (2) color, date-stamped photos each of three (3)
reimbursable breakfasts, three (3) reimbursable lunches, three (3) reimbursable snacks,
and (3) three reimbursable suppers. The FSMC shall also include two (2) color, date-
stamped meal as it would appear on the tray line according to the food specifications per
the sample menu to the SFA Failure to submit photos hall be cause for rejection of the
offer.
C.1.16. Samples shall be evaluated to determine compliance with all characteristics listed in the
Request for Proposal. Failure of photos to conform to all characteristics listed in the food
specifications may be cause for rejection of the offer. Products provided under any
resulting contract shall strictly comply with the approved samples and according to the
specifications.

C.1.17. FSMC shall provide to the Contract Administrator (CA) or authorized designee the
estimated nutritional content, ingredients, and food origin information for a one-month
menu cycle (21 days), 60 days in advance of meal service via an electronic file. DCPS
may request changes before approving.

C.1.18. The FSMC can offer a la carte food service program if free, reduced, and paid
reimbursable meals are available for all eligible students upon approval from the SFA.

C.1.19. Per 7CFR 210.16(a)(2), the food service operation must always remain in conformance
with the DCPS’s agreement under the Program. The FSMC’s operations must remain in
conformance with this agreement.

C.1.20. Per 7 CFR 210.16(a)(3), DCPS will monitor the food service operation through
periodic on-site visits.

C.1.21. Per 7 CFR 210.21(e), at no time and in no place on school premises or at any school-
sponsored event, may the SFA or the FSMC directly or indirectly restrict the sale or
marketing of fluid milk.

C.1.22. DCPS retains control of the non-profit School Food Service account and overall
financial responsibility for the non-profit food service account and establish all prices, as
well as maintaining responsibility for the implementation of the free and reduced-price
policy.

C.1.23. DCPS retains the signature authority of the State Agency and SFA agreement, free and
reduced price policy statement and claims for reimbursement.

C.1.24. The FSMC shall maintain such records as the SFA will need to support its claim for
reimbursement, and at a minimum, report claim information to the SFA promptly at the
end of each month. Such records shall be made available to the SFA upon request and
shall be retained for three years after the current school year, in accordance with 7
CFR210.23(c).

C.1.25. Free and Reduced-Price Meal Process – the SFA determines eligibility for free and
reduced-price meals and free milk in accordance with 7 CFR 245 and 7 CFR
210.16(a)(5). Such responsibilities include conducting any hearings related to such
determinations and verification of applications for free and reduced-price meals.

C.1.26. Professional Standards – Employees of the SFA and of the FSMC must comply with the
requirements contained within the Professional Standards regulations. The FSMC is
responsible for ensuring that all FSMC staff are meeting all Professional Standards and
regulations.

C.1.27. Adult Meals – Adult meal charges will be established by the SFA in accordance with
USDA Food and Nutrition Instruction 782-5, Pricing of Adult Meals in the National
School Lunch and School Breakfast Programs.

C.2 APPLICABLE DOCUMENTS

The FSMC must conduct all program operations in accordance with federal regulations, United
States Department of Agriculture 7 CFR Parts 210, 215, 220, 225, 226, 240, 245, 250, 2 CFR
200.318-.326, 2 CFR Appendix II to Part 200, Part 180 and FNS instructions, policies and
memoranda, as applicable, in addition to all state and local regulations, policies and procedures,
including but not limited to the Healthy Schools Act, the Sustainable DC Omnibus Amendment
Act of 2014 and both of their subsequent amendments and all State Agency memoranda and
requirements. It is the duty of the FSMC to apprise themselves of all Program requirements and
to bid only on those contracts for which it has the applicable knowledge and can suitably
comply.

The following documents are applicable to this procurement and are hereby incorporated by this
reference. The Contractor shall provide services in accordance with the applicable laws and
regulations listed below and any revisions or updates issued during the contract's period of
performance.
APPLICABLE DOCUMENTS 2022
Ite
m
No.
Document
Type
Title Date Location
1 Internal
Policy
FNS Daily
Accountability
Policy &
Procedures
2021 DCPS FSMC RFP Documents Folder
21

2 DCPS
Reference
Vendor
Fingerprinting
Policy
Prior
to
2020
3 DCPS
Reference
Vendor
COVID
Fingerprinting
Process
(Current)
2020
4 Internal
Policy
Field
Specialist
Guide to
Operational
Site Review
2021
5 Internal
Policy
FNS/Contract
or Site Review
Protocol
2021
6 Internal
Policy
Operations
Site Review
2017
7 Internal
Policy
Guide to Daily
Operations for
Family Style
Meals
9/18/1
5
8 Internal
Policy
New
Item/Taste
Test Review
2021
9 Internal
Policy
Dietary
Accommodati
ons
2022
10 DCPS
Reference
FNS School
Site Profiles
2022
11 Regulation DC Healthy
Schools Act,
as Amended
2011
12 Regulation DC Healthy
Schools
Amended Act,
2018
2018
13 USDA
Regulation
USDA
Sodium Limits
and Timeline
2022
14
A
USDA
Regulation
USDA NSLP
Meal Pattern
2022
14B USDA
Regulation
USDA SBP
Meal Pattern
2022
15 USDA
Regulation
Buy American
Provision in
the NSLP
2017
22

16
A
USDA
Guidance
Provision 2
Guidance
8/13/0
2
16B USDA
Guidance
Community
Eligibility
Provision
2016
17 USDA
Guidance
FFVP
Handbook
2010
18
A
USDA
Guidance
Updated OVS
Policy Memo
2015
18B USDA
Guidance
Offer versus
Serve
2015
19 USDA
Guidance
After School
Snack
Program Fact
Sheet
2013
20 USDA
Guidance
At-Risk
Afterschool
Handbook
2015
21
A
USDA
Guidance
Summer Food
Service
Program Site
Supervisor’s
Guide
2016
21B USDA
Guidance
SFSP
Nutrition
Guide
2018
22 USDA
Guidance
Accommodati
ng Children
with Special
Dietary Needs
in the School
Nutrition
Programs
2017
23 USDA
Guidance
Guide to
Smart Snacks
in Schools
2022
24 USDA
Guidance
Guide to
Professional
Standards for
School
Nutrition
Programs
2020
25 DCPS
Reference
DC Invoice
Template
2022
26 DCPS
Reference
School
Proposal
Pricing
2022
23

27 Teamsters
Local 639
Collective
Bargaining
Agreement
2019-
2022
28 Good Food
Purchasing
Program
GFPP
Overview
2019
29 Good Food
Purchasing
Program
DCPS GFPP
Baseline
Assessment
2017
30 Office of the
State
Superintend
ent of
Education
DCPS Planned
Assistance
Level
2022
31 DCPS
Reference
Local
Wellness
Policy
2017
32 Internal FNS Staffing
Matrix
2022
33 USDA
Guidance
Healthy
Hunger-Free
Kids Act of
2010
1/26/1
2
http://www.fns.usda.gov/school-meals/healthy-
hunger-free-kids-act
34 USDA
Guidance
Food Buying
Guide for
Child
Nutrition
Programs
2020-
2022
https://foodbuyingguide.fns.usda.gov/Appendix/Down
LoadFBG
35 Internal
Reference
Photo
Evaluation
Rubric
2022 DCPS FSMC RFP Documents Folder

C.3 DEFINITIONS

A. These terms, when used in this RFP, have the following meanings:

a) “Accessory disposable food service ware” means any disposable food service ware,
including straws, utensils, condiment cups and packets, cup sleeves, and napkins, that is
not used to hold or contain food.

b) “Alternative breakfast serving model” means a model of serving breakfast, such as
breakfast in the classroom or breakfast on grab-and-go carts, in which breakfast is;
offered in one or more locations with high student traffic other than the cafeteria; and
available after the start of the school day or both before and after the start of the school
day; and that has been proven to increase student participation in breakfast relative to the
24

traditional serving model, in which breakfast is served in the cafeteria before the start of
the school day.

c) “Animal product” means meat, poultry, seafood, dairy, eggs, honey, and any derivative
thereof.

d) “Bid” means an offer to perform the work described in the Request for Proposal at the
fixed unit price specified in accordance with the terms and conditions of the solicitation.

e) “Bidder” means a food service management company submitting a bid in response to this
Request for Proposal.

f) “BOH” means back of house.

g) “Breakfast in the classroom” means an alternative serving model where students eat
breakfast in the classroom after the start of the school day.

h) “CN Label” means the Child Nutrition Labeling Program, which is a voluntary federal
labeling program administered by the USDA Food and Nutrition Service (FNS) in
conjunction with the Food Safety and Inspection Service (FSIS), and Agricultural
Marketing Service (AMS) of the U.S. Department of Agriculture, and National Marine
Fisheries Service of the U.S. Department of Commerce (USDC) for the Child Nutrition
Programs. The program requires an evaluation of a product’s formulation by FNS to
determine its contribution toward the meal pattern requirements.

i) “DoD Fresh” means fresh fruits and vegetables available to eligible schools participating
in NSLP through the Department of Defense Fresh Fruit and Vegetable Program.

j) “Donated Foods” means foods purchased by USDA for donation in food assistance
programs or for donation to entities assisting eligible persons in accordance with
legislation authorizing such purchase and donation. Donated foods are also referred to as
USDA Foods.

k) “End Product” means a finished product that contains processed donated foods.

l) “Entitlement” means the value of donated foods a distributing agency is authorized to
receive in a specific program in accordance with program legislation.

m) Farm to School – Farm to School connects schools and local farms with the objectives of
serving healthy meals in schools; improving student nutrition; providing agriculture,
health, and nutrition education opportunities; and supporting local and regional farmers.
Farm to school, at its core, is about establishing relationships between local foods and
school children by way of including, but not limited to:

● Locally grown, locally processed, and unprocessed foods in school meals –
breakfast, lunch, after-school snacks--in classrooms and as taste tests.
● Educational activities related to agriculture, food, health, or nutrition such as
nutrition education curricula, farm tours, a farmer in the classroom sessions,
25

culinary education, educational sessions for parents and community members, and
visits to farmers’ markets; and
● School gardens as an opportunity for hands-on learning.

n) “FDA” means the Food and Drug Administration.

o) “FNS” means the Food and Nutrition Services (USDA).

p) “Food Service Management Company,” or FSMC, means a commercial enterprise or a
private non-profit organization that is or may be contracted with by the school food
authority to manage any aspect of the school food service.

q) “Food Service Workers” or FSW are staff members based in the school and employed by
the FSMC who perform a necessary function to prepare and serve meals as outlined in
this document.

r) “Fresh Fruit and Vegetable Program (FFVP)” means the Fresh Fruit and Vegetable
Program that provides all children in participating schools with a variety of free fresh
fruits and vegetables throughout the school day, outside of scheduled meal times. It is an
effective and creative way of introducing a variety of fresh fruits and vegetables as
healthy snack options.

s) “FSIS” means the USDA Food Safety and Inspection Service.

t) “Good Food Purchasing Program’s core values” means the following five core values
established by the Center for Good Food Purchasing for its Good Food Purchasing
Program: Local economics; Nutrition; Valued workforce; Environmental sustainability;
and Animal welfare.

u) “HACCP” means Hazard Analysis and Critical Control Points, which is a preventative
system to reduce the risk of foodborne illness through appropriate food handling,
monitoring, and record keeping.

v) “HACCP Plan” means the written document based upon principles of HACCP specific to
a facility that identifies procedures to be followed to prevent foodborne illness.

w) “HSA” means the Healthy School Act, D.C. Law 18-209 passed by the City Council for
the District of Columbia to establish local nutritional standards for school meals, and its
subsequent amendments.

x) “Locally-grown” means from a grower in Delaware, the District of Columbia, Maryland,
New Jersey, North Carolina, Pennsylvania, Virginia, and West Virginia.

y) “Planned Assistance Level” (PAL) means the total value of donated foods or USDA
Foods available to eligible schools based on prior year participation in NSLP or an
estimate provided by the State Agency.

z) “Plant-based food option” means food or beverages that are free of animal products; and
with respect to the meat/meat alternate component of a meal, provide a source recognized
by the USDA as a meat alternate free of animal products for the purposes of NSLP.
aa) “POS” means point of sale. It is the physical place where the recording of the meal
distribution to a participant takes place and the method of recording the meal (paper vs.
computer system).

bb) “POS/BOH Software” means the software system used to complete point-of-sale or back
of house functions. It may be one software system for POS and BOH or two separate
systems.

cc) “Product Formulation Statement” means a signed certified document that provides a way
for a manufacturer to demonstrate how a product may contribute to the meal pattern
requirements of Child Nutrition (CN) programs. A PFS is typically provided for
processed products that do not have a CN Label. Program operators shall request a signed
manufacturer’s PFS when purchasing a processed product without a CN Label. USDA
does not approve a manufacturer’s PFS. Program operators are ultimately responsible for
ensuring menu items meet meal pattern requirements.

dd) “OSSE” means the Office of the State Superintendent for Education. This is the State
Agency is Washington, DC that oversees the SFA for regulatory purposes.

ee) “RAW” means Recipe Analysis Workbook. A tool found in the USDA Food Buying
Guide that is used to determine the expected meal pattern contribution and crediting
statement for a recipe served in the NSLP, SBP, CACFP, and SFSP. Required for all
recipes that do not have PFS or CN Label documentation to determine contributions.

ff) “Request for Proposal,” or RFP, means the document used in soliciting bids through the
formal advertising method of procurement. In the case of this program, the RFP becomes
the contract upon acceptance by the SFA.

gg) “SFA” means School Food Authority.

hh) “Share table” is a location where school community members can place unopened or
sealed foods to provide for other community members to take food that would otherwise
be thrown away.

ii) “Sustainable Agriculture” means an integrated system of plant and animal production
practices having a site-specific application that will, over the long-term satisfy human
food and fiber needs, enhance environmental quality and the natural resource base upon
which the agriculture economy depends, make the most efficient use of nonrenewable
resources and on-farm resources and integrate, where appropriate, natural biological
cycles and controls, sustain the economic viability of farm operations, and enhance the
quality of life for farmers and society as a whole.

jj) “Unitized meal” means an individual pre-portioned meal consisting of a combination of
foods meeting the complete meal requirements, delivered as a unit and served as a unit,
with or without milk.
27

kk) “Unprocessed” means foods that are nearest their whole, raw, and natural state and
contain no artificial flavors or color, synthetic ingredients, chemical preservatives, or
dyes. Food that undergoes the following processes shall be deemed to be unprocessed:
cooling, refrigerating, or freezing; size adjustment through size reduction made by
peeling, slicing, dicing, cutting, chopping, shucking, or grinding; drying or dehydration;
washing; the application of high water pressure or “cold pasteurization”; packaging such
as placing eggs in cartons, and vacuum packing and bagging, such as placing vegetables
in bags; butchering livestock, fish, or poultry; and the pasteurization of milk.

ll) “Vegetarian food option” means food or beverages that are free of meat, poultry, and
seafood; with respect to the meat/meat alternate component of a meal, provide a source
recognized by the USDA as a meat alternate free of meat, poultry, and seafood for the
purposes of the NSLP.

C.4 FOOD SPECIFICATIONS

All food items must meet all meal requirements set forth in 7 CFR 210.10 for lunch and snack,
all meal requirements set forth in 7 CFR 220.8 for breakfast, the Healthy Schools Act and its
subsequent amendments, and Attachments A, B, C, and D within this RFP. Food items must also
meet the following:

C.4.A DCPS Nutritional Standards
[A=applicable to all meals; B=applicable only to breakfast; L=applicable only to lunch; S=applicable
only to supper]

1. On average throughout the year, a minimum of 25 percent, by cost, of all food ingredients
and products used in the making of the meals shall be locally grown and locally-
processed [A];
2. Medically necessary dietary accommodations are reasonably accommodated upon receipt
and FNS approval of the dietary accommodation form signed by the parent/guardian and
medical provider as referenced in section C.12 per federal and local requirements. [A];
3. Other dietary accommodations such as plant-based and religious restrictions shall be
reasonably accommodated if approved by DCPS after review of the accommodation form
signed by the parent or guardian as referenced in C.12. [A];
4. Peanut and tree nut products shall not be served in any form. The FSMC may request
express consent for specific items to be served during special event days (e.g., coconut
milk) [A];
5. Pork shall not be served in any meals and in any form without express written permission
from the SFA; and, with the intention to implement culturally relevant meals [A];
6. Foods listing added sugars as the first or second ingredient must be approved by DCPS
for service and frequency of service through menu approvals and/or taste tests [A];
7. Meats and proteins shall not be deep-fried at any point during their processing [A];
8. Fruits and vegetables are preferably fresh or frozen and shall not be packed in anything
other than water or natural fruit juice.
a. Only 100% fruit and/or vegetable juice may be served, no more than three times per
week, at Breakfast only [B];
28

9. Pizza (defined as a flat base of dough, traditionally topped with tomato sauce and cheese,
typically with an added meat or vegetable). Will not be served in elementary schools
more than once per week, middle schools no more than twice per week, and shall be
served in high schools no more than three times per week [A];
10. Fish or seafood shall be offered at least twice per month [L];
11. No High Fructose Corn Syrup (HFCS) [A];
12. No artificial sweeteners without consent from FNS [A];
13. No artificial colors/flavors or artificial preservatives without consent from FNS [A];
14. Foods listing added sugars as the first or second ingredient must be approved by DCPS
for service and frequency of service through menu approvals and/or taste tests [A];
15. No non-naturally occurring trans-fats and hydrogenated oils [A];
16. Products containing hormones or antibiotics must meet GFPP standards [A];
17. A fresh fruit and vegetable shall be offered at a minimum of once per day [A];
18. FSMC shall identify and report the number of meals served that are nutritionally
compliant, provide documentation as necessary, and shall make every effort to provide
meals that meet these reimbursement requirements of the DC Healthy Schools Act,
referenced in Attachment D;
19. The FSMC shall complete the Locally Grown and Processed Tracking Log, which
provides a quarterly summary report stating which farm supplies the locally grown or
raised agricultural products, amount, and type purchased for that period.
20. The FSMC agrees to serve locally-grown or raised unprocessed foods from growers
engaged in sustainable agriculture practices whenever possible, and at minimum once
monthly.
21. Cold, filtered water shall be made available to students through drinking fountains or
other means when meals are served. In the absence of a drinking fountain in the cafeteria,
FSMC shall provide an alternative means of making cold filtered water available to
students as directed by DCPS.

C.4.B Additional Food Standards

1. Meat / Meat Alternate
All meat and meat products shall have been slaughtered, processed, and manufactured in
plants inspected under a USDA-approved inspection program and bear the appropriate
seal. All meat and meat products must be sound, sanitary, and free of objectionable odors
or signs of deterioration.
● Fully cooked
● Beef – USDA Grade or better, 80% lean or better
● Pork (US No. 1 or 2)
● Poultry – US Government Grade A
● Seafood – top grade
● Eggs – USDA Grade A

2. Dairy
● All milk must be fat-free (skim) or low-fat (1% fat or less) and unflavored.

3. Fruit
● One different fruit must be offered each day at breakfast and each day at lunch.
29

● Two fresh fruits must be offered each week at breakfast, and three fresh fruits
must be offered each week at lunch.

4. G rains
● All grain products must be whole-grain rich, meaning that the product contains at
least 50% whole grains, and the remaining grains must be enriched.

5. A lternative Meals
• Under the amendments to the D.C. Healthy Schools Act, the FSMC must provide
a vegetarian food option as the main course for breakfast and lunch daily at all
grade levels. This option must be rotated daily to avoid repetition and must be
clearly labeled or identified as vegetarian. FSMCs are encouraged to serve plant-
based food options as the main course at breakfast and lunch daily to each
student.
• Bidders will describe any other alternative meal capabilities they can offer (vegan,
dairy-free, etc.).
6. Condiments
• Condiments shall be provided including jellies, ketchup, mustard, mayonnaise,
salad dressing, dips, and hot sauce, as appropriate for the meal. All provided
condiments will be articulated on monthly menus and nutrient analysis.

7. U tensils
● All appropriate utensils shall be provided for eating – fork or spoon, napkin,
straw. All utensils must meet the requirements set forth in C.4.B.7 and Section D
Specifications for packaging and marking.
● Disposable utensils must only be provided upon request or at self- serve stations,
in compliance with Section C.2 of the Sustainable DC Omnibus Amendment Act
of 2014.

8. G eographic Preference
● Preference will be given to FSMCs who can provide locally grown unprocessed
foods (from Delaware, D.C., Maryland, New Jersey, North Carolina,
Pennsylvania, Virginia, or West Virginia). Bidders should certify below the
percentage of locally grown or raised foods to be utilized in meals.

Percentage of Locally Grown or Raised Foods to be utilized in meals: <_______>

______________________________________________________
Name and Title of FSMC Official

Signature: ___________________________________ Date: _____________

Charles Johnson, President
11/14/2023
30

C.5 BACKGROUND

The District of Columbia Public Schools (DCPS), Food and Nutrition Services team (FNS) is
seeking one or more Food Service Management Company(s) (FSMC) to prepare, furnish and
deliver high-quality food service products and services to 109 DCPS School Sites which are
divided into ten (10) clusters.

The Contractor(s) must conduct all program operations in accordance with all applicable Federal
regulations, including, but not limited to, United States Department of Agriculture (USDA) 2
CFR Part 180, 2 CFR Part 200, and 7 CFR Parts 210, 220, 225, 226, 240, 245, 250, 3016.36,
3018.110(d), 3019.4, any Summer Food Service Program (SFSP) and Child Adult Care Food
Program (CACFP) requirements, and Food and Nutrition Service (FNS) instructions, policies
and memorandum, as applicable, in addition to all applicable state and local regulations, policies
and procedures, including but not limited to the DC Healthy Schools Act (HSA) of 2010, as
amended, the Healthy Hunger-Free Kids Act (HHFKA) of 2010, as amended, and all State
Agency memorandums and requirements. It is the duty of the Contractor to apprise itself of
requirements of DCPS Food Services and the District of Columbia Municipal Regulations 27
(DCMR 27).

C.6 REQUIREMENTS

C.6.1 PROGRAMS:

FSMC shall execute and staff appropriately for all special programs and meal service models
produced to the fullest extent possible on-site at each location with a goal of 100% from-scratch
production; DCPS and its greater community are strongly opposed to pre-packaged, commercial
industry products. Meal service models are inclusive of but not limited to: Breakfast in a
traditional school line service as well as the alternative models of Breakfast in Classroom and
Grab and Go; Lunch, Early Childhood Family Style Lunch; Afterschool Supper, Afterschool
Snack, Summer Food Service, Saturday/Weekend Meals; Holiday Break Meals; Adult Meals
Breakfast; and, Adult Meals Lunch, as well as the cost-reimbursable component of the Fresh
Fruit and Vegetable Program (FFVP) (delineated in Section B.1.12). FSMC shall ensure program
continuity year over year and identify and implement program best practices.

C.6.1.1 BREAKFAST
a) Breakfast shall be provided in accordance with the USDA School Breakfast Program
(SBP) as referenced in USDA 7 CFR Parts 210 and 220. Breakfast may be executed in a
traditional school line service, or as an alternative service such as breakfast in the
classroom, grab and go or extended breakfast as required by DCPS and identified by each
school in the FNS school site profiles in section C.2 item 10.

b) If more than 40% of the students at a school qualify for free or reduced-price meals and
breakfast participation is below 75% of average daily attendance, then:

(i) elementary schools must offer breakfast in the classroom each day
(ii) middle and high schools must offer alternative breakfast serving models each day.
(iii) Traditional breakfast service, breakfast in the classroom and grab and go breakfast
shall be priced as a cost-reimbursable component of the contract and will
correspond to CLIN’s ending in 001 in the tables found in section B.3.2.3.

C.6.1.2 BREAKFAST IN THE CLASSROOM

a. DCPS shall provide each breakfast in the classroom school with supplemental sanitation
supplies such as wipes and hand sanitizer at the start of the school year based on
participation volume.

b. DCPS staff shall liaise with, provide resources to, and support the FSMC training of
school personnel, when necessary, in the operation of a Breakfast in the Classroom
program.

c. DCPS shall conduct Breakfast in the Classroom outreach and marketing and shall be
supported by the FSMC.

d. FSMC shall train DCPS school based and FSMC staff on operating the Breakfast in the
Classroom program and shall include instructions on Breakfast in the Classroom
operations in an operations manual or other instrument left at the school. Training shall
occur before the start of every school year and following on an as needed basis.
Documentation of training will be provided to DCPS within time period specified by
DCPS.

e. FSMC shall provide a simple set of instructions for each classroom participating in the
Breakfast in the Classroom program on the required method of distribution of food and
accounting for meals each day with the meals being sent to the classrooms.

f. FSMC shall observe their Breakfast in the Classroom programs at least once per month
and shall make process improvements accordingly.

g. FSMC shall instruct its school-based staff on how to communicate Breakfast in the
Classroom requirements to teachers, aides, or other program facilitators.

h. FSMC shall create a Breakfast in the Classroom menu and shall include foods that will
be consistent with food safety standards throughout the service period, are easily
portable, require little to no assembly in the classroom, and limit mess.

i. FSMC shall prepare and individually package each meal component as necessary. Hot
components and cold components shall be packed in separate bags. Insulated bags shall
be packed by homeroom. Accountability tally sheets shall be printed per classroom and
packed with breakfast bags.

j. FSMC shall input all breakfast accountability data into the point of sale no later than the
end of the day in which the breakfast was served. If an accountability roster is not
properly completed or returned, the FSMC shall speak to the school administration and
alert DCPS of the issue.

C.6.1.3 ALTERNATIVE BREAKFAST MODELS

a. DCPS shall provide FSMC with portable serving units or tables to facilitate the program in
schools where breakfast is served outside of the cafeteria.

b. DCPS shall collaborate with the school administration to decide the location of the serving
unit or tables, the addition of full-service breakfast, and breakfast times. This information
shall be communicated to the FSMC prior to the start of the program.

c. DCPS staff shall liaise, provide resources to, and support the training of school personnel
when necessary to initiate a grab-and-go breakfast program.

d. DCPS shall conduct alternative breakfast model outreach and marketing, when necessary,
which shall be supported by the FSMC.

e. FSMC shall train DCPS school-based and FSMC staff on operating the alternative breakfast
model program and shall include instructions on Grab and Go in an operations manual or
other instrument left at the school. Training shall occur before the start of every school year
and following on an as-needed basis. Documentation of training will be provided to DCPS
within the time period specified by DCPS.

f. FSMC shall create an alternative breakfast model menu and shall include at least three hot
items per week. Deviations from this requirement due to unforeseen circumstances require
approval by DCPS.

g. FSMC shall bag or otherwise package breakfast components so that the meal is made
portable to students. The items within the breakfast bag or package shall be prominently
displayed on the serving unit, tables, or in another location highly visible to students, and the
menu for grab-and-go shall be posted daily at the serving unit. Alternative breakfast model
items shall be kept at appropriate safe temperatures (hot and cold) at all times through the use
of the insulated compartments or other means as the FSMC sees fit.

h. The serving unit or tables shall be in position throughout the breakfast period and items shall
be restocked as needed.

i. FSMC staff shall account for all students taking breakfast from the serving unit or tables
through portable point-of-sale machines (provided by DCPS) or through accountability tally
sheets.
33

j. If the school administers extended breakfast, FSMC shall keep traditional breakfast service
open for the length of time or at such additional times as agreed to by the school
administration and approved by DCPS Food & Nutrition Services prior to the start of school.

C.6.1.4 CAFETERIA LUNCH AND A LA CARTE EQUIVALENTS

a. FSMC shall serve cafeteria lunch in accordance with USDA 7 CFR Parts 210 and 220.
Lunch meal quantities shall correspond to CLINs ending in 002 in the table found in
section B.3.2.3.

C.6.1.5 EARLY CHILDHOOD FAMILY STYLE LUNCH

a. Early Childhood Family Style Lunch shall be prepared according to the program
guidelines (Attachment L) with meal patterns following the National School Lunch
Program requirements. Early Childhood Family Style Lunch meal quantities shall
correspond to CLINs ending in 003 in the tables found in section B.3.2.3.

b. DCPS Office of Early Childhood shall train its staff on family-style meal operations.
DCPS Early Childhood staff shall serve the family-style meals as prepared by the FSMC.

c. DCPS, by way of its Early Childhood Education division, shall provide FSMC with all
serving ware, small ware, and equipment necessary to facilitate family-style meals.
Family-style lunch “kit” of serving equipment and wares shall be available for each Early
Childhood classroom.

d. FSMC shall train staff on operating the family-style meals program and shall include
DCPS approved instructions on family-style meals in an operations manual or other
instrument left at the school. Training of DCPS school-based and FSMC staff shall occur
before the start of every school year and follow on an as-needed basis. Documentation of
training will be provided to DCPS within the time period specified by DCPS.

e. FSMC shall create a family-style meal menu that is developmentally appropriate and
considers family-style meal execution. This menu can be a simplified version of the
regular lunch menu. FSMC shall transport family-style menu items to the classrooms
portioned into pans according to class size and the age of students enrolled in the class.
Serving ware, smallware, and accountability rosters shall be transported with the meals to
the classroom. All food shall be kept in insulated thermal containers. DCPS Early
Childhood staff shall return to serving and transport wares to the kitchen at the
conclusion of service.
f. Accountability shall be taken by the classroom teacher and shall be reported to the FSMC
via an accountability roster. The FSMC shall input accountability data into the point of
sale on the day the meal is served.

g. Accountability errors shall be communicated to DCPS as investigation and corrective
measures, including re-training of staff, are the responsibility of the FSMC. Repetitive
errors committed by Early Childhood staff may be escalated to DCPS after a 3rd attempt
at remediation and upon demonstration of due diligence in taking corrective action at the
school level.
34

h. FSMC is responsible for reporting lost, broken, or deteriorated Family Style Meals
equipment to DCPS.

C.6.1.6 AT-RISK CHILD AND ADULT CARE FOOD PROGRAM

a. Afterschool supper, weekend, and holiday meals, administered as part of the Child and
Adult Care Food Program (CACFP) shall be facilitated, served and students accounted
for by Food Service staff members unless specified otherwise by DCPS. DCPS reserves
the right to assign where these programs shall run. Meal quantities shall correspond to
CLINs in the table found in section B.2.

b. Meals served shall conform to the CACFP Program. FSMC shall train staff on operating
the programs and shall include instructions in an operations manual or other instrument
left at the school. Training of DCPS school-based, and FSMC staff shall occur before the
start of every school year and be followed up in subsequent professional development
training as directed by DCPS and as needs are identified. Documentation of training will
be provided to DCPS within the time period specified by DCPS.

c. FSMC shall create menus that feature a variety of menu items and include all applicable
reimbursable meal components. Menus will be reviewed and approved by DCPS FNS
prior to implementation.

d. With support from DCPS, contractors shall coordinate training of supper facilitators at
schools that do not require a Food Service staff member, designated by DCPS.

e. With support from DCPS, contractors shall ensure all facilitators are accountable for
meals in the manner specified by DCPS Food Services where non-FSMC staff is needed
and as applicable.

f. FSMC shall report all incidences of facilitator non-compliance to FNS consistent with the
most current program troubleshooting escalation process.

g. DCPS shall report all changes in enrollment to FSMC upon discovery and no later than a
week in advance.

h. For schools that do not require a Food Service Staff member as delineated in this
Contract, FSMC shall prepare and package all components together, except for milk and
fruit. No non-whole components shall be left disaggregated.

i. CACFP meal facilitators shall keep a binder containing accountability logs in a place that
is accessible to the cafeteria lead and shall inform the cafeteria lead of its location at the
start of school.

j. Prepackaged meals shall be left in a refrigerated area that is accessible to the facilitator
where non-FSMC staff is needed and as applicable.

k. FSMC shall account for students the day following the meal by checking the
accountability tally sheet with student signatures or roster left by the facilitator in the
binder.

C.6.1.7 AFTERSCHOOL SNACK PROGRAM

a. FSMC shall serve snacks after school in schools designated by DCPS.

b. The snack served shall include two reimbursable meal components that conform to the
NSLP Afterschool Snack Program standards (C.2, #19 & C.6.1.7). FSMC shall create
menus for snacks that feature a variety of fruits and vegetables.

c. Menus will be reviewed and approved by DCPS prior to implementation.

d. Only one snack shall be served to each student. Afterschool snacks shall be accounted for
using bulk claiming and manual meal count (tally) sheets.

C.6.1.8 SUMMER FOOD SERVICE PROGRAM

a. FSMC shall facilitate breakfast and lunch feeding for the Summer Food Service Program
(SFSP) at schools with DCPS-sponsored summer academic programs as well as
community-based programs.

b. The list of schools that participate in summer meals is subject to change each year based
on programs that may not be provided each year based on school/district needs, sponsor
availability, public interest, funding, and other impacts.

c. FSMC shall create monthly menus to cover the term of the SFSP. Menus will be
reviewed and approved by DCPS FNS prior to implementation.

d. FSMC shall print monthly menus and distribute them to every school facilitating the
SFSP. Menus must be displayed at each meal site per USDA FNS regulations. Printed
menus will be provided to students, parents/guardians or school staff upon request.
FSMC shall ensure that menus are posted in the cafeteria line and in the school office.
FSMC shall provide a display menu to DCPS for posting to the website.

e. FSMC shall take accountability via DCPS-approved meal count (tally) sheets or POS.

f. FSMC shall support all community outreach efforts sanctioned by DCPS.

C.6.1.9 FRESH FRUIT AND VEGETABLE PROGRAM

a. FSMC shall create menus for FFVP that feature a variety of fruits and vegetables that are
different from the produce being served during the school meals that day. A vegetable
must be served at minimum, once per week. Menus will be reviewed and approved by
DCPS FNS prior to implementation. FFVP produce will not be served with breakfast,
lunch, or afternoon snack. DCPS will review and approve FFVP menus prior to
implementation.
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b. FFVP must be offered at least twice per week at applicable schools with a vegetable
served as the tasting at least once a week. SFA reserves the right to order the fruits and
vegetables to accommodate additional feeding days per week.

c. FSMC shall create and distribute nutrition education materials along with the FFVP
produce upon DCPS approval minimum of once per month for the duration of the
program. Nutrition education materials must be submitted to and approved by the SFA.
The cost of coordinating nutrition promotion activities is permissible and may be
reimbursed within the 10% administrative cost of the grant. The cost of nutrition
education materials is not allowable within the FFVP grant allocation and instead shall be
included in the Fixed Unit Price.

d. FSMC shall spend up to the monthly FFVP grant allocation on operating costs. Operating
costs include:
1. Buying fruits, vegetables, and low-fat or nonfat vegetable dipping sauce.
2. Buying nonfood items, including napkins, paper plates, serving bowls and trays,
cleaning supplies, and trash bags.
3. Value-added services such as pre-cut produce, ready-made produce trays, and delivery
charges; and
4. Salaries and fringe benefits for employees who do such tasks as washing and chopping
produce, preparing trays, distributing produce to classrooms, setting up serving unit,
and cleaning up.
5. DCPS shall apply up to ten (10) percent of the total grant toward administrative costs.
Administrative costs are the documented expenses incurred in planning the Program,
managing paperwork, obtaining equipment, and all other aspects of FFVP that are not
related to the preparation and service of fruits and vegetables.
6. FSMC shall be reimbursed for FFVP operational and administrative expenses by
invoicing a monthly cost reimbursement less than or equal to the total grant allocation
for the applicable schools and net of all discounts and rebates. FSMC shall submit
monthly program invoices with their invoice to DCPS to substantiate the cost figure.
7. FSMC shall budget for FFVP prior to the start of the program and create the program
schedule with school administrators. FFVP must be served per the number of days
requested by each school, at minimum, twice per week. The FSMC shall not change
the schedule without the approved consent of the school administrators.

e. SFA shall send the FSMC a copy of their FFVP allocated funding broken down by
participating school, and FSMC will not spend more than allocated. Serving sizes and
types of fruits and vegetables will be altered to fit within the budget.

C.6.1.10 ADULT MEALS

a. FSMC shall offer adult meals to school staff for purchase, unless providing such meals
shall compromise FSMC’s ability to provide meals to students.

b. The price of an adult school staff meal shall be set by DCPS prior to the start of each
school year. Prices are subject to change at DCPS’ discretion.

c. The portions for adult school staff meal shall be equivalent to the serving size for a
student in grades 9-12.

d. Adult meal service extends to meals requested by DCPS, including but not limited to
PTA meetings, Back to School Nights, Parent Cabinet meetings, and engagements in
which adults can impact the increase of student participation.

e. Should Non-Food & Nutrition Services departments of DCPS request food service for
banquets, meetings, etc., FSMC shall provide meal services. No food, labor, and supplies
appropriated for the daily food service program shall be used for these functions. All
special food service events require prior approval from DCPS.

C.6.1.11 SPECIAL EVENTS AND INITIATIVES

a. FSMC shall participate in specialized service models and programs for DCPS; and when
appropriate, create menu items in coordination with DCPS’ annual special events. Menus
for special events will be provided to DCPS for review a minimum of 30 days prior to
scheduled event. Annual special events and programs shall include, but are not limited to:
1. International Food Days (Fall, Spring)
2. Strawberries and Salad Greens Day (Spring)
3. Chancellor sponsored Events (September)
4. Growing Healthy Schools Month (October)
5. Holiday Meal (November)
6. Holiday Meal (December)
7. Featured/Innovative Meal Stations
8. School Enrollment Events & Initiatives
9. Good Food Purchasing Program Requirements.

b. FSMC shall, upon approval of DCPS, organize special events in support of student and
staff health, nutrition, or physical fitness. FSMC shall support special events sponsored
by external organizations including but not limited to:
1. Black History Month (February)
2. National School Breakfast Week (March)
3. Hispanic Heritage Month (September-October)
4. Farm to School Week (October)
5. National School Lunch Week (October)
6. National Nutrition Month (March)
7. Asian Pacific Heritage Month (May)
8. National School Lunch Hero Week (May)
9. Teachers’ Appreciation Day (May)
10. Nurses Appreciation Day (May)

c. FSMC shall work in collaboration with DCPS FNS to identify current and future
opportunities for values-based purchasing within current and future environmental
restrictions based on action items identified by the Good Food Purchasing Program
(GFPP) baseline and follow-up assessments.

C.6.2 MENU

1. FSMC shall serve only meals and food items approved by DCPS in accordance with
section C.4.

2. DCPS and FSMC shall work collaboratively to ensure that menus are approved using
mutually acceptable and compliant items in accordance with the FSMC procurement
timeline. DCPS shall review, give feedback on, and approve all menus, ingredients, and
meal components at least 45 calendar days prior to meal service.

3. Product nutrition information in addition to Child Nutrition (CN) labels, Product
Formulation Statements (PFS), or Recipe Analysis Workbook (RAW) data (as
applicable) shall be submitted and approved by DCPS as part of this solicitation and 60
calendar days prior to start of service each school year following the execution of a
contract. Monthly menus/menu cycles and proof of compliance shall be provided at
minimum 60 calendar days prior to service and are contingent upon DCPS approval.

4. The FSMC shall supply to the SFA the ingredient specifications and nutrient analysis of
all items that are to be processed. The nutrient analysis shall indicate the portion size by
weight and nutrient contribution as prescribed in accordance with USDA requirements
for each food component provided. The FSMC shall also include the name of the USDA-
approved nutrition analysis software system used to prepare the analysis. The FSMC
shall provide the appropriate USDA Certification of Compliance for each SBP and NSLP
menu.

5. Upon menu approval, final menus and nutrition information, CN labels (as available),
PFS information, RAW data, meal ingredients and food origin reports shall be provided
to DCPS at minimum 5 business days prior to service. FSMC procurement requirements
shall influence the menu submission deadline.

6. All new menu items or products shall be taste tested with authorized FNS staff and DCPS
students prior to receiving approval. FSMC shall develop a taste test survey and
evaluation rubric (which must be approved by DCPS) to determine student approval for
menu items. All menu items shall comply with the nutritional requirements contained
herein.

7. FSMC shall obtain prior approval for any substitution of menus or menu items. Any item
substituted shall be from the list of approved items. Any substitution shall not impact
compliance with daily/weekly menu requirements. Further guidance can be found in
C.6.2.

8. FSMC shall train all staff and record validation of learning on menu item preparation
prior to service. FSMC shall maintain a standardized recipe book and applicable guides at
every school with pictures of each finished menu item and step-by-step instructions for
recipe execution. The recipe book may be a physically printed or electronic format.
FSMC shall make recipe book and applicable guides available to FNS upon request.

9. Menus shall feature a minimum of three entrée choices in grades K-5 and four choices in
grades 6-12 daily for lunch during the traditional school year. Breakfast menus must
include a minimum of two entrees daily for the traditional school year. One entrée at each
meal, at minimum, must be non-meat. Deviations from this requirement due to
unforeseen circumstances must have prior approval from DCPS.

10. FSMC shall provide no meals served to students in Pre-K/Preschool, Kindergarten, or
Grade 1 that shall pose a choking hazard or are too large for easy consumption. Meals for
this grade range shall be modified to meet the physical development and preference of
that age group. (Attachment C).

11. FSMC shall make substitutions in the food components of the meal pattern for students
with disabilities when their disability restricts their diet as stated in the student's
Individual Educational Plans (IEPs) or 504 Plans and those non-disabled students who
are unable to consume regular meals because of medical or other special dietary needs.
Substitutions shall be made on a case-by-case basis when supported by a statement of the
need for substitutes that includes recommended alternate foods, unless otherwise
exempted by USDA. Said statement shall be signed by a medical doctor or a recognized
medical authority. There shall be no additional charge to the student for such
substitutions.

12. FSMC shall develop daily meals with sides that pair well with the main entree. FSMC
shall develop a cycle vegetarian menu that aligns with the other menu options. FSMC
shall, at minimum, offer three hot breakfasts per week and one hot lunch per day at each
school during traditional and extended year school calendar days. The minimum number
of hot breakfasts per week and hot lunch meals per day for summer school shall be
evaluated and approved by Food & Nutrition Services during each annual summer
planning phase.

13. FSMC shall create a salad bar menu for reimbursable and adult (fruit and vegetable) salad
bars for schools with stand-alone or line-based salad bar equipment in operation.
Approximately 30% of menu items featured should rotate to increase the variety and
express seasonality. All menu items presented on the salad bar shall be legibly labeled.
Dressing for the salad bar shall be dispensed in a manner approved by DCPS prior to use.
If the salad bar is stand-alone, the product should be presented identically on both sides
of the bar to facilitate line flow.

14. FSMC shall create an afterschool supper menu that meets current regulations and features
a variety of menu items and includes all five reimbursable meal components.

15. FSMC shall print monthly menus and distribute them to every school under its
management. FSMC must ensure that menus are displayed clearly at each meal site per
USDA FNS regulations. Printed menus will be provided to students, parents/guardians, or
school staff upon request. FSMC shall ensure that menus are posted via print or digital
display in the cafeteria line and in the school office. Menus will be printed in English and
Spanish for posting and made available in the DCPS mandatory languages for any school
that requests it. FSMC shall provide electronic copies of each menu and associated
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nutritional analysis specific to DCPS filename standards and within a timeframe set by
DCPS. FSMC may use a DCPS-approved digital platform to display web-based menus.

C.6.3 MANAGEMENT OF DIETARY ACCOMMODATIONS

1. FSMC shall communicate with the parent/guardian directly to facilitate implementation of
dietary accommodations upon receipt and DCPS approval of the DCPS dietary
accommodation form(s) signed by the parent/guardian and medical provider (as needed).
FSMC will provide DCPS a menu for review that meets the student’s dietary needs, conduct
staff trainings, communicate with the student parent/guardian, and continue to update the
process in the POS software program.

C.6.4 À LA CARTE

1. Upon a DCPS-approved strategy and implementation, FSMC shall provide à la carte
options at all middle and high schools. FSMC shall provide à la carte milk at all
elementary schools and education campuses. If a school has a salad bar, à la carte salads
shall be made available to students and staff.

2. All à la carte meals or items and their prices shall be submitted to DCPS for approval
prior to the start of the school year to determine compliance. Any change in à la carte
menu offerings or prices shall be approved by DCPS. Prices must meet requirements for
“non-program revenue” per federal regulations. À la carte items shall meet the DCPS
Nutrition Standards, DCPS Local Wellness Policy, and USDA Smart Snack Final Rule
standards.

3. All à la carte items shall be available daily and shall be displayed in a consistent manner
that is eye-catching and appealing. Signage shall be available at every school selling à la
carte showing the items available and their price. FSMC shall also provide an electronic
menu document for digital posting.

4. FSMC shall provide all nutrition information, ingredient, and smart snack calculations for
à la carte items via electronic document.

C.6.5 COUNTING AND CLAIMING

1. “Offer versus Serve” (OVS) will apply for grades K-12. DCPS shall inform the FSMC
prior to modifying its service type.

2. Each POS machine shall have a working PIN pad or scanner and this equipment shall be
used to record meal counts when operable without exception. If inoperable, cashiers shall
take meal accountability on a paper tally sheet (NSLP) or roster (CACFP) and later enter
in the POS system. If all students are being checked off on a roster or if notations other
than checkmarks are used (indications of incorrect counting procedures), those recording
meal counts shall be instructed on correct meal counting procedures.

3. Each POS machine shall have one worker to record meal counts.

4. Each student shall be asked their name or initials before being checked off on a roster.
41

5. Meal rosters shall be kept in folders and shall not be visible to students.

6. All POS technical issues shall be reported immediately via the DCPS reporting
application: “Quickbase.” In the event of a technology emergency, FSMC shall
communicate directly via email or call the identified DCPS IT POC.

7. FSMC shall account for all students at SOP schools for breakfast and lunch and for
supper at all applicable schools by checking them off on a POS/BOH software generated
roster consistent with the DCPS-approved process.

8. FSMC shall ask each student his/her name or assigned meal program identification before
being counted as having received a reimbursable meal. The FSMC must record meals on
rosters at SOP schools and for supper at all applicable schools so they are claimed at the
correct reimbursement level (Free, Reduced Price, or Paid).

C.6.6 PRICING AND CHARGE POLICY

1. FSMC shall provide free breakfast, snack, and supper meals to all students.

2. FSMC shall provide free lunch to all students eligible for reduced or free meals and all
students enrolled in Provision 2 (if applicable) or Community Eligible Provision (CEP)
schools.

3. FSMC shall establish student and meal prices as directed by DCPS. Meal prices are
subject to change annually as per HHFKA until equity is achieved with federal
reimbursement rates. Adult meal prices are subject to change annually per DCPS’
discretion.
C.6.7 DEPARTMENT OF HEALTH: DC HEALTH

1. FSMC must comply with DC Health regulations, including but not limited to the
following:

a. At least one DC Certified Food Protection Manager/DC Health required “Person
In Charge” designee must be on school premises during work hours, with a valid
copy of their Food Protection Manager ID posted conspicuously in the school
kitchen and an electronic copy provided to FNS. FSMC are required to have a
permitted backup worker available in the event of the primary permit holder’s
absence to ensure compliance with DC Health regulations.

b. Hold a valid DC Basic Business License (BBL) under the name of the FSMC and
school (IE FSMC/School), with a copy posted conspicuously in the school kitchen
and an electronic copy provided to FNS. It is the responsibility of the FSMC to
obtain and maintain a valid BBL for each school cafeteria.

c. Submit to all unannounced and regular health inspections (minimum 2 each year)
for any facility, inside or outside of the school for which it plans to prepare meals,
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with a copy of the latest inspection (six months old or less) posted conspicuously
in the cafeteria in a place readily visible to the public; and

d. Comply with all health code requirements concerning the maintenance of
facilities, equipment, and delivery vehicles and the storage, preparation, and
service of food which are examined during a DC Health inspection.

2. FSMC shall notify DCPS immediately (prior to the close of business on the same
operating day) following DC Health site inspections with details of the inspection.
Corrections to any cited DC Health violations shall be addressed immediately (prior to
the close of business on the same operating day), including but not limited to a plan of
action that is mutually agreed upon between FSMC, DCPS, and DC Health.

3. DCPS reserves the right to obtain meals from other sources without obligation to FSMC
if meals are rejected due to the closure of one or more of the FSMC’s school kitchens by
the DC Health for health code violations.

4. FSMC shall adhere to all DC Health guidelines for COVID-19 and any other public
health emergencies of the like. These guidelines stipulate operating requirements in
response to the public health emergencies, which may include PPE requirements for
essential workers, testing and tracing protocols, social distancing, and capacity limits,
among others. FSMC is responsible for keeping abreast of guidelines, should expect
review and enforcement by DCPS, and shall quickly adjust operations as guidelines
change from time-to-time.

C.6.8 DATA AND TECHNOLOGY

1. FSMC shall, on a daily basis, record all breakfast, lunch (to include salad bars), a la carte,
supper and snack counts and cash intake into POS/BOH software, including data from
rosters or other approved meal count forms.
2. FSMC shall ensure each applicable service line employs an operational point of sale at all
times, including standalone salad bars serving reimbursable meals.

3. FSMC shall not request nor disclose student personal data as specified by the Children’s
Online Privacy Protection Act (COPPA) or the Family Educational Rights and Privacy
Act (FERPA).
4. If the POS is inoperable or if meals are served outside of the cafeteria, the FSMC shall
use a roster generated from POS/BOH software to document which students are served
lunch at SOP schools and a tally sheet at CEP schools.

5. The FSMC shall maintain meal rosters in such fashion as to comply with federal
regulations on overt identification.

6. All data files, including those generated by DCPS-owned technology systems including
POS and student files, are owned solely by DCPS and must reside exclusively within
District-owned data systems.

7. FSMC shall utilize and help maintain all DCPS POS’ equipment including client
monitors, manager computers, Cashless serving units, pin pads, and scanners, including
but not limited to promptly reporting any issues with this equipment within 48 hours via
DCPS’s Quickbase reporting system.

8. FSMC shall implement and utilize all software applications as adopted by DCPS. All
software licenses and databases are the exclusive property of DCPS.

9. FSMC shall ensure the manager computer is turned on at all times to facilitate point of
sale data replication; and

10. Failure to provide accurate POS data, or deliberate alteration of this data in any way,
shall constitute a material breach of the contract.

C.6.9 EQUIPMENT AND FACILITIES

1. DCPS shall furnish and install any equipment and make any structural changes needed to
comply with federal, state, and local laws, ordinances, rules, and regulations regarding
food service equipment and facilities.

2. FSMC shall inventory the equipment owned by the DCPS on a biannual basis and as
directed by DCPS. The FSMC will be responsible for reporting any discrepancies and
any equipment repairs that are not the result of normal wear and tear within 30 days of
the end-of-the-school-year inventory.

3. DCPS shall repair and service equipment except when damages result from the use of
less-than-reasonable care by the FSMC’s employees. When damage results from less-
than-reasonable care on the part of any FSMC employees or agents, it will be the FSMC
responsibility to repair and service the damaged equipment, incurring all applicable fees
and costs, within a reasonable timeframe to ensure no disruption in service.

4. FSMC shall utilize and agree to help maintain all DCPS equipment utilized in the
preparation and holding of any food product for meal service, including but not limited
to: ovens, stoves, steamers, refrigerators, freezers, salad bars, and the like by promptly
reporting any issues with this equipment, within 48 hours via DCPS’s reporting system.

5. FSMC shall assume costs for any service calls requested where less-than-reasonable
action or inadequate troubleshooting on behalf of the reporting staff has occurred
including but not limited to: a switch turned off, a pilot light that required ignition, a
breaker switch reset or a power cable that needed to be plugged into a socket.

6. All FSMC’s equipment, vehicles, and other property shall be on DCPS property at the
sole risk and hazard of the FSMC. It is expressly understood that the District of Columbia
Government, its agencies (including DCPS), elected/appointed officials, employees,
agents and volunteers shall not be liable to FSMC for any accident, injury, loss, or
damage while FSMC is in, upon, or about, or entering or leaving DCPS property at any
time during the term of the contract or any renewal or extension hereof and all claims
therefore are hereby released to the District of Columbia Government, its agencies
44

(including DCPS), elected/appointed officials, employees, agents and volunteers, who
may plead this release in bar thereof, in any and every suit, demand, and claim for same.

7. DCPS shall provide sanitary toilet and hand washing facilities for the FSMC employees
at each school site.

8. FSMC shall utilize workable serving equipment at each school including salad bars and
other meal stations as developed for the facility unless an alternative strategy is approved
by DCPS. FSMC staff should be trained on how to operate and troubleshoot basic kitchen
equipment by the FSMC.

9. FSMC shall protect all food service equipment from pilferage or destruction.

10. FSMC shall operate and care for all equipment and food service areas in a clean, safe,
and sanitary condition in accordance with applicable District law and standards
acceptable to DCPS. DCPS shall be responsible for all facilities repairs, including
exhaust hoods and pest control requests, and for regularly cleaning grease traps.

11. FSMC shall maintain all dry-storage food products, susceptible to rodent/insect
contamination, in Food Service Grade, NSF listed, sealed food storage containers to
prevent potential pest infestation.

12. FSMC shall be responsible for managing recycling and/or composting of kitchen refuse
and transporting all kitchen waste to the appropriate waste disposal area.

13. FSMC shall consent to recycling and/or composting foodstuffs and specific materials if
these disposal methods are supported by the school facility.

14. FSMC shall assist with an education program for the students and school staff on the
proper use of trash, recycling, and/or composting receptacles through signage and
promote all DCPS recycling, composting, or landfill diversion programs.

15. FSMC shall clean the kitchen (including, but not limited to all equipment, counters, walk-
in floors, sinks, cookware, utensils, plates, bowls, trays, cups, and glassware) and dining
room tables daily or as needed following each meal period. Cafeteria floors shall be
maintained by school custodial staff.

16. FSMC shall allow school-based organizations to utilize kitchen and cafeteria facilities
and DCPS shall set guidelines for facilities use. If an organization violates the set
guidelines, they shall not receive further access to facilities. Foods utilized for
reimbursable meal service shall not be comingled with food for other purposes
(celebrations, after school cooking clubs, teacher meals, etc.).

17. FSMC shall not utilize DCPS school facilities for any purposes outside of the scope of
this agreement without DCPS approval. FSMC shall be charged a set fee for facility
usage which shall be listed as a line-item credit on the monthly invoice. This fee shall be
determined by DCPS.

18. FSMC shall utilize all specialized equipment available at the school to include
dishwashers, salad bars (freestanding and line-based), and meal stations to the fullest
extent possible.

19. FSMC shall establish standards subject to DCPS approval for receiving, storage,
ordering, and cleanliness and assess performance against these standards during
monitoring visits conducted by DCPS as well as those conducted by the FSMC.

C.7 SCHOOL OPERATIONS PROTOCOL

1. FSMC shall fulfill specific school opening and closing functions including, but not
limited to:

2. Completing school year open and close checklists per DCPS guidelines.as required in this
procurement.

3. FSMC shall submit strategic plans to DCPS for closing and opening of schools.
Execution of plans will be monitored and confirmed by management staff and reported to
DCPS. Plans will include but are not limited to product removal or delivery, cleaning,
staffing, schedules, and food preparation.
4. FSMC will conduct regular status checks of equipment in schools not operating during
summer and extended breaks such as winter holiday, and report to DCPS monthly.

5. FSMC shall staff schools for one full day prior to summer school operating upon DCPS
request.

6. FSMC shall staff schools for two full days prior to the start of the school year upon
DCPS request.

7. FSMC shall staff schools for one full day after the end of the school year upon DCPS
request.

8. FSMC shall always provide management supervision and maintain constant quality
control inspections to check for portion size, appearance, and packaging in addition to the
quality of products. Management monitoring visits shall include the completion of one or
more checklists to ensure the standard operating procedure is being followed and FSW
are executing their responsibilities fully.

9. Routine monitoring shall consist of a quality assurance Operations Site Review,
developed by DCPS. Operations Site Reviews require a score of 80% to pass.

10. Operations Site Reviews that score less than 80% shall be reported immediately to DCPS.
Mitigating action plan noting specific, measurable, achievable, realistic and time bound
(S.M.A.R.T.) properties are required within 48 hours of the failure.

11. Mitigating action plans of Operations Site Reviews must be completed within the
parameters submitted to DCPS. Failure to submit mitigating action plans timely will
result in increased oversight and increased unannounced site visits.
46

12. Failure to mitigate performance failures identified as a result of operations reviews and
subsequent action plans will be deemed a deficiency of Contractual obligations and
subject the FSMC to Consequences of Non-Compliance in Section I.20, up to and
including withholding of payment for service.

C.7.1 SANITATION

1. FSMC shall place all recyclables, garbage and trash in DCPS-specified containers and
place such containers in areas designated by DCPS.

2. DCPS shall consult with on-site custodians and the DC Department of General Services
(DGS) to ensure removal of all recyclables, garbage, and trash from the designated areas.

3. FSMC shall clean the kitchen area including, but not limited to, sinks, counters, tables,
chairs, flatware, and utensils.

4. FSMC shall operate and care for all equipment and food service areas in a clean, safe,
and healthy condition in accordance with standards acceptable to the DCPS and comply
with all applicable laws, ordinances, regulations, and rules of federal, state, and local
authorities.

5. DCPS shall itself implement or consult with DGS to ensure cleaning of grease traps,
walls, floors, light fixtures, window coverings, and ducts and hoods above the filter line.

6. DCPS shall consult with DGS to ensure extermination services as needed. FSMC should
notify DCPS if such services are needed.

7. FSMC shall clean the dining/cafeteria area, including tables and chairs, after the meal
service.

C.7.2 FOOD WASTE

Pursuant to PL 112-55 Sec. 734, an amendment to the Richard B. Russell National School Lunch
Act, Contractor(s) shall make arrangements with a 501(c)(3) tax-exempt DC-based food bank or
charitable organization to donate any unconsumed food products. Pursuant to the law,
Contractor(s) shall be exempt from civil and criminal liabilities to the extent provided under the
Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).

C.7.3 MARKETING, COMMUNICATIONS, AND NUTRITION EDUCATION

1. DCPS shall control all messaging and marketing collateral related to the food service
program. FSMC shall submit quarterly submission plans for student engagement, display
menus, marketing/communication initiatives including centralized events identified by
DCPS, and nutrition education to DCPS. This schedule will be based on the academic
school term calendar. All FSMC marketing, communications, and nutrition education
plans shall be approved by DCPS prior to implementation. FSMC are responsible for the
development of all collateral for the promotion and execution of marketing,
47

communications, and nutrition education initiatives. The appearance of all collateral
materials should meet professional standards prior to submission for review by DCPS.
The DCPS FNS logo or its equivalent shall be present on all public facing materials.

2. FSMC shall comply and assist in coordinating DCPS authorized marketing campaigns in
schools.

3. All FSMC generated communications shall be approved by DCPS prior to distribution.
All materials related to the facilitation of marketing, communication, and nutrition
education initiatives should be submitted to FNS for review no fewer than 30 days prior
to planned distribution date.

4. FSMC communication with School Administrators, teachers, and other school personnel
shall be professional. FNS designated point of contact shall be copied on all
communication sent by the FSMC to the school principal.

5. FSMC agrees to provide at minimum one point of contact who will regularly coordinate
with DCPS on all marketing, communications, and nutrition education efforts. The point
of contact shall have professional expertise pertinent to school nutrition program
marketing and promotion.

6. FSMC shall perform nutrition education activities as dictated by marketing campaigns
(e.g., food tastings and chef demonstrations). A minimum of one nutrition education
activity should be held per month, that is not associated with FFVP nutrition education, at
each school in their cluster(s) during the standard school year. Nutrition education
activities should be submitted to DCPS for review no fewer than 30 days prior to planned
implementation date.

7. FSMC shall perform marketing and communications activities for any public-facing
initiatives serviced by FSMC at the direction of FNS. These activities will take place
from time-to-time.

8. Any nutrition education component required for federal meal program compliance shall
be furnished and executed solely by the FSMC.

9. FSMC agrees to assume primary responsibility for the following marketing assets for use
in the promotion of the food service program and any public-facing initiatives serviced
by the FSMC at the direction of DCPS. In the event the FSMC is unable to fulfill this
responsibility, or if marketing quality would benefit from transfer of responsibility to
DCPS, it may transfer primary responsibility to DCPS with DCPS approval. DCPS
agrees to provide secondary responsibility at all times and will make available one point
of contact with professional expertise pertinent to school nutrition program marketing
and promotion. DCPS may also assume primary responsibility of any marketing asset or
activity at any time at its sole discretion. Primary responsibilities are as follows:

Marketing Asset Responsible party or parties
Flyers and Posters – Graphic Design FSMC(s)
Flyers and Posters – Printing FSMC(s)
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Digital Communications – Graphic Design
and Language for Routine Program
Announcements
FSMC(s)
Digital Communications – Graphic Design
and Language for Irregular Program Changes
and Announcements
DCPS
Signage – Graphic Design FSMC(s)
Signage – Printing FSMC(s)
Social Media – Graphic Design and Language FSMC(s)
Social Media – Social Media Publication
Calendar
FSMC(s)
Traditional Media – Television, Print, Radio DCPS

10. The cost of marketing, communications, and nutrition education is to be included in the
FSMC invoice and in accordance with their respective CLIN’s.

11. FSMC in collaboration with FNS and partners, shall participate in the facilitation of the
School Food Collaborative (SFC) through recruitment of students, teacher, parents and
administrative staff to assist in menu planning, taste testing, surveys, enhancement of the
eating environment, program promotion, and related student-community support
activities per 7 CFR Part 210.16(a)(8). SFA is responsible for scheduling periodic
meetings with the SFC. FSMC will assist in promotion and facilitation of meetings as
directed by FNS.

C.7.4 STAFFING

1. FSMC shall recognize that one of the most important elements of a successful food
service program is the staff employed to administer the food service program. FSMC
shall be responsible for the employment of all staff necessary for the safe, timely, and
efficient distribution of meals to students and members of the DCPS staff.

2. FSMC shall instruct its employees to abide by the policies, rules, and regulations, with
respect to use of DCPS’ premises, as established by DCPS and furnished in writing to the
FSMC.

3. FSMC shall provide DCPS with a list of its personnel policies and employee handbook.

4. DCPS shall provide the FSA with an initial staffing guide with minimum requirements
for the start of the contract. Any decreases of school food service personnel must be
approved by DCPS.

5. In the event of a FSMC transition, before the FSMC may provide services to DCPS, and
in the spirit of valuing the existing workforce, the FSMC shall first offer incumbent
management personnel an opportunity to compete for a similar position on the same
terms and conditions as their current employment.

6. FSMC shall maintain the same minimum level of employee positions, hours, wages, and
benefits throughout the entire Contract Term, and each subsequent Contract Term, as
applicable, unless a reduction in the required levels is authorized by DCPS. The FSMC
shall provide the DCPS with written notice of any increases in employee positions, hours,
wages, and benefits. DCPS shall review and give consent to all management/supervisory
staff hired during the term of the agreement. FSMC are not obligated to honor any
existing collective bargaining agreements toward the fulfillment of this agreement.

7. FSMC shall be fully staffed at all times for the efficient and effective production,
distribution, and service of meals in accordance with the requirements of the contract and
in accordance with the staffing schedule in each school supplied at the execution of the
contract. Additionally, FSMC must maintain a sufficient pool of trained workers to
supplement site staff as needed to account for all daily work absences and vacancies. If a
school-based vacancy arises and FSMC is unable to fill the position from the existing
labor pool within two operating days, FSMC shall utilize DCPS security-cleared
temporary services and staff until a permanent food service worker (FSW) is hired. All
FSW vacancies shall be filled within a two-week timeframe. FSMC shall promote
internally whenever possible and provide opportunities for development for all FSW
positions. FSW positions shall not be filled by management staff while vacant, this
removes management staff from their regular duties. Temporary staffing must be DCPS
security cleared prior to arrival at any school for work.

8. FSW shall be expected to have basic written and verbal skills, basic computer skills, and
have passed ServSafe or other national industry-recognized food safety exam.

9. In the event of the removal or suspension of any employee, FSMC shall immediately
restructure its staff without disruption in service.

10. All food service personnel assigned to each school shall be instructed in basic equipment
troubleshooting, and on the use of all emergency valves, switches, and fire and safety
devices in the kitchen and cafeteria areas.

11. The use of student workers or students enrolled in vocational classes in the food service
shall be mutually agreed upon.

12. FSMC shall provide daily, on-site supervisory personnel dedicated solely to DCPS, for
the overall food service program.

13. FSMC shall provide a point of contact for all Information Technology concerns
pertaining to any internal business needs required to fulfill its contract with DCPS.

14. FSMC shall be responsible for supervising and training all personnel. Supervision
activities include employee and labor relations, personnel development, culinary training,
hiring and termination of FSMC staff. All training shall be delivered by DCPS-approved
trainers, either mobile or site-based and all training materials shall be approved by DCPS.
All FSW staff shall receive training or other validation for each functional area of their
employment.

15. FSMC shall ensure that training requirements are in accordance with the Professional
Standards for school nutrition professionals outlined in the Healthy, Hunger-Free Kids
Act of 2010 (HHFKA), which requires a minimum amount of annual training hours for
all staff.

16. Following training, all attending staff shall be given a means to provide feedback to the
FSMC on the training program and an opportunity to demonstrate what he/she has
learned within 90 days of completion. This feedback should be maintained along with all
training materials and sign-in sheets for a period of five years from the date of creation.

17. Continuing education and professional development for all FSMC Food Service
personnel shall include quarterly training in, but not limited to, the following areas:
a. New recipes.
b. Production records.
c. Portion control.
d. Food safety.
e. Program updates; and
f. Customer service skills.

18. The FSMC shall conduct civil rights training for all food service employees, including
front-line staff, on an annual basis. Civil rights training must include:
a. Collection and use of data,
b. Effective public notification systems,
c. Complaint procedures,
d. Compliance review techniques,
e. Resolution of noncompliance,
f. Requirements for reasonable accommodation of persons with disabilities,
g. Requirements for language assistance,
h. Conflict resolution, and
i. Customer service.

19. FSMC shall provide quarterly training compliance reports for all staff in accordance with
USDA Professional Standards for all School Nutrition Employees.

20. FSMC shall configure school staffing to ensure that the number of employees on hand
shall be such as to avoid delay in service of meals to the students.

21. FSMC shall provide DCPS with schedule of employees, positions, assigned locations,
and hours to be worked, three (3) full calendar weeks prior to the commencement of
operation. Schedules shall comply with DCPS requirements for staffing levels at each
school. FSMC shall maintain their own personnel and fringe benefits policies for its
employees.

22. All employees are expected to meet the standards for employment in DCPS and in
accordance with the Hiring and Continuing Education Requirements effective July 1,
2015, per USDA Professional Standards for all School Nutrition Employees, including
but not limited to submitting to and passing DCPS-administered background checks. Any
employee who fails to pass pre-employment tests, including but not limited to,
51

background checks, TB tests, drug tests, etc., shall be subject to immediate termination.
Any employee who has not cleared the pre-employment tests shall not be allowed to
work in any DCPS facility.

23. FSMC shall ensure that employees clear background checks on each two-year
anniversary following their last background check. FSMC shall keep current a schedule
of background checks and schedule them with DCPS accordingly.

24. FSMC shall ensure that employees have sufficient uniforms which comply with
applicable food service regulatory requirements for health and safety including but not
limited to hair restraints and slip resistant shoes, and that employees report to work daily
in a clean uniform in good condition. The cost of uniforms is to be included in the FSMC
firm fixed unit charge.

25. FSMC shall develop and implement a progressive discipline procedure for FSW staff, a
standard operating procedure for each FSW and management position, adapted for each
school setting, and a performance rubric for each position.

26. DCPS shall request in writing discipline for any employee of the FSMC who violates
health requirements or conducts himself/herself in a manner, which is detrimental to the
wellbeing of the students, consistent with DCPS personnel policies. Discipline in this
nature is serious and shall abide by the highest levels of appropriate discipline procedures
as accepted by DCPS in this contract.

C.7.5 POSITION SPECIFIC RESPONSIBILITIES

1. “Area Directors” or “Field Managers” shall be responsible for supervising of a cluster(s)
group of schools. It is expected that Field Managers shall have at least three years of
managing multi-unit schools, restaurants, or other food service facilities. Field Managers
shall have intermediate knowledge of the MS Office suite and have intermediate general
computer skills.

2. Field Managers shall be responsive and accountable to DCPS Operations staff in an
employee-employer relationship, respectively.

3. Field Managers shall visit each cluster(s) a minimum of two times per week. FSMC shall
provide a monthly report demonstrating fulfillment of this requirement listing the
supervisory staff member making the visit, and the time and place of each visit occurred.

4. If a Field Manager is unavailable to perform his/her assigned duties and supervision of
schools due to illness, vacation, or separation from company the FSMC is still required to
provide proper coverage of all assigned schools during the Manager’s absence. A
permanent replacement of a displaced Field Manager shall be made within 30 days of
separation from the FSMC’s employment.

5. Field Managers are required to:
a. Perform accountability checks.
b. Fill staffing vacancies and provide substitute employees to cover work absences.
52

c. Perform staff evaluations.
d. Complete required Operations Site Reviews at each school under their supervision
and in accordance with FNS requirements.
e. Report and verify equipment malfunctions and service.
f. Ensure product quality.
g. Ensure staff are trained on and follow all recipes.
h. Have a thorough understanding of components of a reimbursable meal under all
programs DCPS operates and ensure that appropriate food service staff are trained
on recognizing what makes up a reimbursable meal under all programs DCPS
operates.
i. Ensure that all food is served at proper temperature, proper portions are served,
and proper presentation is met.
j. Ensure that line service is fast and friendly and that counting procedures are
followed resulting in accurate claims.
k. Assist and coordinate food quality surveys and tastings as specified by DCPS.
l. Ensure appropriate customer service policies are being followed.
m. Maintain open lines of communication with school Principals and Administration
and update them on all personal changes, menu changes and operational issues;
and
n. Respond to all requests and address all concerns from DCPS Staff in a timely,
thoughtful, and accurate manner.
o. FSMC is to ensure that proper accountability measures are performed, mnitored,
and recorded daily at all school feeding sites as specified by USDA Standards and
OSSE.

6. Failure to properly account for, or make corrections to, schools found in violation by
SFA, OSSE, or USDA can result in loss of reimbursement funds to DCPS as specified
under USDA guidelines.

7. If the FSMC fails to use proper accountability procedures, FSMC can be required to pay
for these losses via a line-item credit to the subsequent month’s invoice to DCPS; and
failure to institute corrective measures in schools found in violation shall be considered a
violation of the terms of this agreement and shall result in termination of the FSMC.

8. FSMC must provide DCPS with a nutrition professional who is licensed or can obtain
licensure in the District of Columbia.

C.8 USE OF ADVISORY GROUP/MENUS

1. DCPS is responsible for the formation, establishment of, and scheduling of periodic
meetings of a School Food Collaborative (SFC) composed of FSMC and SFA staff,
students, teachers, parents, school leaders, administrative staff, and community
stakeholders to assist in menu planning, taste testing, surveys, enhancement of the eating
environment, program promotion, and related student-community support activities.
FSMC is responsible for participating in the facilitation of the SFC as determined by the
SFA including but not limited to recruitment of participants, menu planning, taste testing,
surveys, enhancement of eating environment, program promotion, engagement
facilitation, and related student-community support activities.
53

2. DCPS received permission from OSSE to request the menus from the FSMC. FSMC is
required to submit a 21-day cycle menu for each feeding program (i.e., breakfast, lunch,
supper, after-school snack). Menus must be in compliance with the Child Nutrition meal
pattern for each feeding program and the requirements of the D.C. Healthy Schools Act
and its subsequent amendments. The FSMC must comply with the 21 day cycle menu
submitted for the first 21 days of the meal service; thereafter, changes may be made with
the approval of the SFA. The SFA shall approve menus no later than four weeks prior to
service. FSMC proposals must identify if they plan to change the 21-day menu included
in the RFP. If so, the FSMC must identify how it will change the menu and the financial
impact to revenues and expenses.

C.9 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

RESERVE

C.10 FARM TO SCHOOL

1. The FSMC agrees to serve locally grown or raised unprocessed foods from growers
engaged in sustainable agriculture practices whenever possible, and at minimum once
daily.

2. The FSMC will provide a quarterly summary report, stating which farm supplies t he
locally grown or raised agricultural products, amount, and type purchased for that period.

C.10.1 Menu Planning
a. DCPS shall require the FSMC to have a contact person designated to work with
the program engagement committee to communicate the local products that can
be placed on the menu. Meetings will be set up at least quarterly so local product
menu needs can be met.

C.10.2 Programming
a. As feasible, DCPS hopes to coordinate staff and student visits to farms.
Educational opportunities may be tailored to the interest level and capacity of
each farmer.
b. The FSMC will visit SFA cafeterias, classrooms, and/or the school garden at least
once annually to promote the importance of farming and agriculture with students.
c. The FSMC will host at least one educational session for SFA families and
community members annually.
d. The FSMC will support SFA by providing materials, data, and/or staffing for
implementing waste audits or other hands-on educational activities related to food
waste education and work with SFA to implement at least two strategies
recommended by the waste audit report or findings.

C.10.3 Marketing
54

a. The FSMC will provide SFA with materials (menus, posters, displays, etc.)
providing information about the farm/farmers/school garden from which food was
source.
b. The FSMC will provide SFA with information highlighting nutrition, agriculture,
and food system careers to showcase career opportunities within food-related
fields.

C.11 FSMC’S RESPONSIBILITY TO PROVIDE QUALITY ASSURANCE

C.11.1 HACCP Standards

The FSMC shall maintain an in-house HACCP continuous quality control program for the
inspection and monitoring of incoming ingredients against specifications and grade and
microbiological standards. The program must extend to the finished products, not just
ingredients alone.

C.11.2 The FSMC shall develop and maintain a program for warehousing and distribution to
ensure the following:

a) Usage of first-in-first-out principles.
b) Product shelf life is monitored.
c) Items are free of damage.
d) Correct items and quantities are selected and provided.
e) Customer satisfaction is monitored.
f) Product discrepancies and complaints are resolved, and corrective action is
initiated.
g) Supplier of Federal Drug Administration (FDA) initiated food recalls are
promptly reported to the SFA, and alternative menu items will be provided by the
FSMC as necessary.
h) Compliance with Environmental Protection Agency (EPA) and Office of Safety
and Health Administration (OSHA) requirements; and
i) Salvaged items or products are not to be used.

C.11.3 A written copy of the HACCP plan must be on-site at each service site.

THIS SPACE INTENTIONALLY LEFT BLANK

SECTION D: PACKAGING AND MARKING
D.1 The packaging and marking requirements for this contract shall be governed by clause number
(2), Shipping Instructions-Consignment, of the Government of the District of Columbia's
Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010.
(Attachment J.1)

D.2: GENERAL CONDITIONS

D.2.1 DELIVERY REQUIREMENTS

1. The FSMC shall provide only items and quantities ordered by the SFA and as specified under
Section C of the contract.

2. Meals shall be provided daily to each of the locations and times listed in Schedule A.

3. The FSMC shall place all deliveries in a location assigned by person(s) designated by the SFA.
Deliveries will not be accepted at the entrance of the facility unless approved by the SFA.
Refrigerated items must be placed in the refrigerator or freezer, and not left on the floor of the
kitchen area or outside of the designated area.

4. The FSMC shall be responsible for providing all meals and products at the specified time.
Adequate refrigeration or heating shall be provided during delivery, preparation, storage, and
service of all food to ensure the safeguard of food in accordance with State or local health codes.
Delivery vehicles shall be maintained to meet required regulatory sanitation standards.

5. The SFA reserves the right to add or delete sites so long as that addition or deletion does not result
in a material change (i.e., the value of the additional goods will not exceed 10% of the value of the
contract). This shall be done by amendment of Schedule A. Deletion or addition of schools shall
be made not less than one week prior to the required state of service. Any change in transportation
cost that occurs as a result of adding or deleting schools shall be negotiated and noted in the
modification. The FSMC’s invoice shall show the cost as a separate item for that school.

6. Any deviations from the requirements including package size and content by the FSMC may be
allowed only upon written request from the SFA.

7. If utilizing unitized meals, the F SMC shall not change the package size or content without
obtaining written approval from the SFA

8. The FSMC shall ensure all refrigerated food is kept at an internal temperature of 40° Fahrenheit
or below.

9. The FSMC shall ensure all frozen food items are kept at zero degrees Fahrenheit or below. Frozen
products must not show evidence of thawing or re-freezing, freezer burn, or any off color or odors.

10. Unless otherwise specified in this bid, each case, crate, barrel, or package delivered under t his
contract must be plainly stencil marked or securely tagged stating the FSMC’s name and purchase
order number. Failure to comply with these instructions shall place the material at the FSMC’s
risk.
56

11. If a meal service cannot be fulfilled for any reason, the FSMC shall immediately notify the SFA’s
designated representative. The FSMC shall provide SFA with the reason. If the reason is accepted,
the SFA designee shall give the FSMC an alternate meal service time, which shall satisfy the needs
at the site(s) missed in the meal service. The FSMC shall be required to provide only quantities for
which an order was made by SFA prior to meal service.

12. Fluid milk delivered shall have an expiration date on each carton container. The expiration date
shall exceed at least five (5) days beyond the day of delivery.

13. Juices delivered shall have the Best Used By date on each carton container. The date shall exceed
at least ten (10) days beyond the day of delivery.

14. The FSMC shall not schedule deliveries to DCPS on Saturday, Sunday, or on school and legal
holidays unless specified otherwise.

15. Once an official public announcement of system-wide closing of schools due to inclement weather
is made, all meal service scheduled to DCPS for that day (s) shall be automatically cancelled and
DCPS shall not assume responsibility for meals. In such circumstances, DCPS shall have the right
to adjust meal service plans at its discretion.

16. When schools are closed for snow or other emergencies requiring short notice, the FSMC shall
call the Program Designee for the disposition of orders.

17. Delivery or performance shall be made only as authorized in accordance with the Ordering Clause
(G.10). If DCPS urgently requires delivery before the earliest date that delivery may be specified
under the contract, and if the FSMC shall not accept an order providing for the accelerated delivery,
DCPS may acquire the urgently required goods or services from another source.

18. There is no limit on the number of orders that may be issued. DCPS may issue orders requiring
delivery to multiple destinations or performance at multiple locations.

19. Any order issued during the effective period of the contract and not completed within that period
shall be completed by the FSMC within the time specified in the order. The contract shall govern
the FSCM and DCPS’ rights and obligations with respect to that order to the same extent as if the
order were completed during the contract’s effective period; provided that that the FSMC shall not
be required to make any deliveries under the contract after the expiration of the contract.

D.2.2 EMERGENCIES

1. In the event of unforeseen emergency circumstances, the FSMC shall immediately notify the SFA by
telephone to the assigned DCPS designee (to be determined at implementation) of the following:

a. The impossibility of on- time meal service.
b. The circumstance(s) precluding meal service; and
c. A statement of whether or failing meal services shall be affected.

2. No payments will be made for deliveries made that do not satisfy the needs of the meal service
required.
57

3. Emergency circumstances at the school precluding the utilization of meals are the concern of the SFA.
The SFA may cancel orders provided it gives the FSMC at least 48-hour notice.

4 FSMC shall have effective contingency (resource readiness including staff and facilities) plans for
food recalls, inclement weather, security, or any other unforeseen event.

5 FSMC shall be prepared for the portability of meals in the event an emergency. Emergency meals may
be required in the event of early dismissal, closure due to weather impacts, public health emergency,
impacts or, other acts of God.

6 In the event of school closures or students transitioning to a virtual posture due to public health or
other emergencies, the SFA’s needs will change with respect to quantities needed and may change
with respect to delivery times and packaging. The quantities estimated in the pricing sheet are
based on in-person meal service, which the SFA hopes will be the predominant form of meal
service for the base year and all option years. The SFA will communicate any change in plans to
the FSMC within 24 hours of being informed by the District government. Portable emergency
meals shall be invoiced according to the CLIN associated with the intended meal pattern of
Breakfast, Lunch, Supper, or Snack.

D.2.2.1 Emergency Meal Specifications:
a. Emergency meals shall follow the same menu, operating and nutritional compliance
requirements of this contract, and the meal pattern associated with the intended
distribution, such as Breakfast, Lunch, Supper, or Snack.
b. Portable emergency meals may be required to be issued in multiple -day packages for
virtual learners and similar situations.
c. Portable emergency meals in single or multiple -day packages shall be issued in size and
weight-appropriate packaging. Packaging may require a bag or box depending on the
circumstances for issuance and shall be approved by the DCPS-FNS department in advance
of issuance.

THE SPACE INTENTIONALLY LEFT BLANK

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for the contract shall be governed by clause number
(6), Inspection of Service of the Government of the District of Columbia's Standard Contract
Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1).

E.1.2 The District, SFA, the State Agency, and the USDA reserve the right to inspect the FSMC’s
preparation facilities prior to award and without notice at any time during the contract period,
including the right to be present during preparation and service of meals.

E.1.3 The FSMC’s facilities shall be subject to periodic inspection by USDA, District health
departments or any other agency designated to inspect meal quality for the State. This will be
accomplished in accordance with U. S. Department of Agriculture regulations. Bidders shall
submit their two (2) most recent health inspections.

E.1.4 FSMC shall provide for meals which it prepares to be periodically inspected by the local health
department or an independent agency to determine bacteria levels in the meals being served.
Such levels shall conform to the standards, which are applied by the local health authority with
respect to the level of bacteria, which may be present in meals served by other establishments in
the locality.

E.2 INSPECTION AND ACCEPTQNCE REQUIREMENTS

E.2.1 WAREHOUSE, PREP AREA (KITCHEN), AND DISTRIBUTION FOOD SAFETY

1. The FSMC shall provide a copy of licenses and permits that are required by USDA and Federal
and Local laws and regulations.

2. In the event the FSMC’s license is revoked or if the FSMC receives an unfavorable rating notice
in accordance with its local jurisdiction, or the FSMC’s facilities are closed for health code
violations, the FSMC shall notify the SFA immediately.

3. DCPS reserves the right to terminate the contract for default without advance notice in the event
the FSMC is closed for the reasons cited in C.7.6.3 & E.2.1, above.

4. The FSMC shall develop and maintain a food safety program (HACCP) to ensure compliance
with food handling, preparation, holding, storing and distribution industry standards.

5. The FSMC shall monitor and evaluate the food safety program listed above to ensure compliance
with current Federal, State, and Local Food Safety Standards and Regulations.

6. The FSMC shall keep records of food safety inspections performed by the USDA’s FSIS, and/or
State/Local inspector. The records shall be made available upon request to the District
Government’s Health Department and to DCPS. Any findings by a USDA’s FSIS, State or Local
inspection of the FSMC facility that documents a critical sanitary deficiency shall be reported
immediately to the SFA with an attached report of the corrective action taken within seven (7)
working days from discovery.

7. The FSMC shall ensure that all products produced conform in every respect to the requirements
of the Federal Food, Drug and Cosmetics Act, and grade standards of USDA that are in effect by
the contract award date or become effective after contract award.

8. FSMC shall not serve foods considered to be unsafe and shall remove and dispose of said foods
as required by DC health codes at no cost to DCPS.

E.2.2 STORED PRODUCTS PEST MANAGEMENT PROGRAM

The FSMC shall establish and maintain a stored products pest management program that establishes pest
management practices for food and other collected non-food items. Also, the FSMC shall monitor and
evaluate the program for compliance in accordance with accepted industry standards. These standards
shall include but not be limited to the Code of Federal Regulations, Title 21, part 110, Good
Manufacturing Practices, the Federal Drug and Cosmetic Act of 1938, and pertinent state and local laws
and regulations.

E.2.3 SUPERVISION AND INSPECTION

The FSMC shall always provide management supervision and maintain constant quality control
inspections to check for portion size, appearance, and packaging in addition to the quality of products.

E.2.4 RECORD KEEPING AND REPORTING

1. Production Records and delivery tickets must be prepared by the FSMC. Production records and
delivery tickets must be itemized to show the number of meals of each type prepared at or
delivered to each school. Designees of the SFA at each school will check adequacy of delivery
and meals before signing the delivery ticket. Invoices shall be accepted by the SFA only if
signed by the SFA’s designee at the school. The SFA must retain a copy of all signed delivery
tickets. Production Record templates must be approved by the state agency prior to use, or the
FSMC may use the state agency provided template in Attachment . The FSMC is responsible for
completing all portions of the production record before, during and after meal service and
information must accurately reflect the number of each meal component served to students.
Production records must be completed according to federal regulations.

2. The delivery ticket shall contain information in accordance with applicable Federal, state, and
local regulations and shall include but is not limited to the following:

a. Ticket number.
b. Date of Delivery.
c. Delivery Address.
d. Requisition Number.
e. Item Type.
f. Item Number.
g. Quantity of Items Delivered.
h. Unit Price.
i. Extended Amount.
j. Temperature and Time When Meal Components Left Production Facility.
k. Temperature and Time of Meal Components in Route to Destination (if more than 59
minutes are required for delivery).
60

l. Temperature and Time of Meal Components Upon Arrival and Delivery at Destination.
m. Carrier Operator’s Name.
n. Name, Signature and Telephone Number of SFA designee, receiving the item; and
o. Acknowledgement of receiving the items by the SFA designee.

3. POS/BOH software edit checks shall be printed and signed daily by FSMC at each school site
and maintained securely in the cafeteria office.

4. Breakfast and lunch meal counts shall be inputted in full prior to printing daily.

5. Supper and snacks edit checks shall be printed the day following service and attached to the
matching breakfast and lunch edit check.

6. If edit checks are changed to account for field trip rosters and/or meal count edits, these changes
shall be relayed to the cafeteria lead and be noted on the daily edit check and daily production
record, dated and initialed.

7. A new edit check must be printed and stapled to the production records and edit check.

8. Applicable to Non-Provision Schools: If the meals claimed exceeds the average daily attendance
for any category (free, reduced, paid) on the daily edit check, the justification for the claim shall
be noted on the daily edit check, dated, and initialed.

9. Applicable to Provision/CEP Schools: if the meals claimed exceed the average daily total
attendance on the daily edit check, the justification for the claim shall be noted on the daily edit
check, dated, and initiated by the appropriate and designated staff.

10. Production records shall be completed daily, signed by FSMC designee at each school site, and
maintained securely in the school cafeteria office in a manner that is accessible electronically and
in print, at each site.

11. For on-site schools, “Portion prep total” shall equal the portions prepared for service; and
“Portion serve reimbursable” (entrée) shall equal “reimbursable meals.”

12. Edit checks, production records and transaction logs shall be reviewed daily by cafeteria leads
and weekly by FSMC management. Transaction log errors must be corrected by the FSMC or
reported to DCPS by the end of the calendar week. The status of every school’s production
records, and edit checks shall be reported monthly to DCPS. Any errors found by DCPS shall be
corrected by the FMSC in POS/BOH software dated and initialed; and, noted on the
corresponding daily edit check(s) and production record(s). Updated Edit Checks are to be
printed and stapled to the previous ones.
13. The FSMC shall maintain records supported by delivery tickets, purchase orders, production
records for this contract or other evidence for inspection and reference to support payments and
claims. The above-mentioned records must be made available to the SFA within 24 hours upon
request.

14. The books and records of the FSMC pertaining to this contract shall be available, for a period of
five years from the date of submission of the final claim for reimbursement, or until the final
61

resolution of any audits for inspection and audit by representatives of the State Agency,
representatives of the U.S. Department of Agriculture, the SFA, and the Comptroller General of
the United States at any reasonable time and place. Records shall be orderly, easily accessible,
and explained to DCPS by FSMC as required by DCPS. Records which shall be maintained at
the school site include:
a. Production records.
b. Daily edit checks and accountability rosters.
c. Delivery tickets (if applicable).
d. Dietary accommodation forms (if applicable).
e. Completed operational/compliance review forms completed during monitoring visits; and
f. Findings of formal and/or informal school-based audits or monitoring visits.

15. FSMC shall present a progress report to DCPS Food Services management at least monthly or as
specified by DCPS. This report shall include, but not be limited to:
a. Participation data for breakfast, lunch, and supper (week analyzed, week prior year, year
to date (YTD), and last year to date (LYTD).
b. Data shall be broken down by school type and program type.
c. School analysis for the highest participation drops year/year with action plans for
improving participation rates.
d. A la carte, salad bar, and adult meal sales.
e. USDA Foods (and DOD Fresh, if applicable) usage.
f. Operations including Site Visit Reporting and Follow Up.
g. Regulatory Compliance Audit Results.
h. Menu and Food Quality (including local food).
a. Percentage and type of local foods served
i. Customer Satisfaction.
j. Community and Student Engagement activity; and
k. New and/or ongoing food service initiatives.
l. FSMC shall be provided access to all prior year and current year data needed to fulfill
DCPS’ reporting requirement.

THIS SPACE INTENTIONALLY LEFT BLANK
62

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT

The term of the contract shall be six months from the date of award. The expected period of
performance is January 1, 2024 through June 30, 2024.

7 CFR § 210.16(d) requires that any contract award based on this solicitation must include a
termination clause whereby either party to the contract may cancel for cause with a 60-day
notification to the other party. However, recognizing the practical difficulties that cancellation
within a 60-day timeframe will impose on the District, the USDA has confirmed for the District
that it may instead include a 120-day notification instead of the regulatory-required 60-day
notification to meet this requirement in any contract award based on this solicitation.
Accordingly, any contract award based on this solicitation will include a termination clause
whereby the party to the contract may cancel for cause with a 90-day notification to the other
party.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 DCPS may extend the term of this contract for a period of up to four one-year option periods, or
successive fractions thereof, by written notice to the FSMC before the expiration of the contract,
provided that the SFA gives the FSMC preliminary written notice of its intent to extend at least
thirty days before the contract expires. The preliminary notice does not commit the DCPS to an
extension. The exercise of this option is subject to the availability of funds at the time of the
exercise of this option. The FSMC may waive the thirty-day preliminary notice requirement by
providing a written waiver to the SFA prior to the expiration of the contract.

F.2.2 If DCPS exercises this option, the extended contract shall be considered to include this option
provision.

F.2.2.1 If multiple Contracts are awarded, DCPS retains the right to reassign individual schools among
other FSMC at the conclusion of each contract term based on Contractor performance,
substantive feedback from stakeholders as described in C.1 - Main Objectives, and/or facility
updates such as modernizations, closures, consolidations, or new schools, to better serve the
schools and students or interests of DCPS and the District of Columbia. This reassignment will
be effectuated through a contract modification.

F.2.3 The total duration of the contract, including the exercise of any options under this clause, shall
not exceed four years and six months.

F.3 DELIVERABLES UPON AWARD

F.3.1 The FSMC shall perform the activities required to successfully complete DCPS
requirements and submit each deliverable to the Contract Administrator (CA) identified
in section G.9 in accordance with the following:

Ite
m
No.
Deliverable (Section) Frequency Format/Metho
d of Delivery Due Date
63

1 Initial 21-day cycle menu
submittal (C.8 #2)
Initially and
upon any edit Electronically 60 days prior to start of service each
school year
2 Recipe Book (C.6.2) Initially and
upon any edit Electronically 60 days prior to start of service each
school year
3 Product CN Labels, PFS,
or RAW (C.6.2) As Needed Electronically 60 days prior to start of service each
school year
4 Tasting of any menu items
(C.6.2) Monthly Electronically 60 days prior to serving
5
Proposed Menus/Menu
Cycles/Proof of
Compliance with menu
planning regulations (C.1,
C.6.2)
Initially and
upon any edit Electronically 60 days or more prior to service
6
Final Menus and Nutrition
Information, Meal
Ingredients, final CN
Labels, and Food Origin
Reports (C.1)
Quarterly (based
on school
calendar terms)
& Summer
Electronically to
FNS and Hard
Copies to all
Schools
5 business days or more prior to
service
7 Invoice Submittals (G.2) As Needed Electronically Immediately Upon Receipt Submit
8 DC Health Violations
(C.6.7) Daily Hard Copy and
Electronically Immediately following inspection
9 Reconciliation of Meals
Served (E.2.4) As Requested Electronically Weekly
10
Proof of Compliance with
Healthy Schools Act (C.1,
Attachment D)
As Needed Electronically Immediately to DCPS upon
Discovery
11 Food Recalls (D.2.2) As Needed Electronically Immediately to DCPS upon
Discovery
12
Any incidents requiring
closure or non-service
(D.2.2)
Monthly Hard Copy and
Electronically
For Approval to DCPS prior to
execution
13 Marketing and promotions
campaigns (C.7.2)
Annually,
monthly or
quarterly as
agreed upon by
DCPS and
contractor(s)
Electronically
and hard copy to
schools
30 days prior to planned distribution
14
Accounting for USDA
commodities utilized (C.1
Scope #8a & #8b)
As Needed Hard Copy and
Electronically Immediately in writing to DCPS
15 Equipment repair needs
(C.18) Bi-Annually Hard Copy and
Electronically
60 days prior to start of service each
school year
16 Fingerprinting Clearance
Report (H.11) Twice a week Electronically Ongoing throughout contract term
17 USDA Foods Usage Report
(C.1.8.A) Monthly Electronically Ongoing throughout contract term

F.3.2 RESERVE
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SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT

G.1.1 The DCPS will make payments to the FSMC, upon the submission of proper invoices, at the
prices stipulated in this contract, for supplies delivered and accepted or services performed and
accepted, less any discounts, allowances or adjustments provided for in this contract including
those for USDA Foods.

G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper invoice
from the Contractor.

G.1.3 Weekly, FSMC shall submit a summary invoice with pdf attachments of all signed delivery
tickets and/or invoices for proper review and approval before submission to the vendor portal.
Account statements should also be sent monthly or as otherwise specified in Section G.2.

G.1.4 DCPS will pay FSMC on or before the 30th day after receiving a proper invoice from the
FSMC.

G.2 INVOICE SUBMITTAL

G.2.1 The FSMC shall create and submit payment requests in an electronic format through the DC
Vendor Portal, https://vendorportal.dc.gov.

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in
Section G.4.

G.2.3 To constitute a proper invoice, the Contractor shall enter all required information into the Portal
after selecting the applicable purchase order number, which is listed on the Contractor’s profile.

G.2.4 FSMC shall also simultaneously submit all invoice packets referenced in G.1 to the assigned
DCPS Contract Administrator and Invoicing Designee for review. Payment shall be made within
30 days of DCPS submitting the invoice to DC OCFO for payment.

The address of the Contract Administrator is:

Robert M. Jaber
Deputy Chief, Food and Nutrition Services
Office of the Chief Operating Officer
1200 First Street, NE, 9th Floor
Washington, DC 20002
Robert.Jaber@k12.dc.gov

The address of the Invoicing Designee:

Steven Lenz
Manager, Finance, Strategy, and Technology
Food and Nutrition Services
65

Office of the Chief Operating Officer
1200 First Street, NE, 9th Floor
Washington, DC 20002
Steven.lenz@k12.dc.gov

The address of the Program Designee:

Jennifer Konish
Manager, Operations
Food and Nutrition Services
Office of the Chief Operating Officer
1200 First Street NE, 9th Floor
Washington, DC 20002
jennifer.konish@k12.dc.gov

G.2.5 FSMC shall submit proper invoices on a monthly basis or as otherwise specified in Sections G.1-
G.5.

G.2.6 To constitute a proper invoice, FSMC sha ll enter all required information into the Portal after
selecting the applicable purchase order number, which is listed on the FSMC's profile.

a. FSMC name, federal tax ID and invoice date (Contractors shall date invoices as of the
date of mailing or transmittal).
b. Contract number and invoice number.
c. Description, price, quantity and the date(s) that the supplies or services were delivered or
performed.
d. Other supporting documentation or information, as required by the Contracting Officer.
e. Name, title, telephone number and complete mailing address of the responsible official to
whom payment is to be sent.
f. Name, title, phone number of person preparing the invoice.
g. Name, title, phone number and mailing address of person (if different from the person
identified in G.2.2.6 above) to be notified in the event of a defective invoice; and
h. Authorized signature.

G.3 PAYMENT

1. Payments on Partial Deliveries of Goods

a. Unless otherwise specified in this contract, payment will be made on partial deliveries of
goods accepted by the District if:

1. The amount due on the deliveries warrants it; or

2. The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50
percent of the total contract price.

2. Payments on Partial Deliveries of Services
66

a. Unless otherwise specified in this contract, payment will be made on partial deliveries
of services accepted by the District if:

1. The amount due on the deliveries warrants it; or

2. The Contractor requests it and the amount due on the deliveries is at least $1,000
or 50 percent of the total contract price.

3. Partial Payments
a. Unless otherwise specified in this contract, payment will be made on partial deliveries
of goods and services accepted by the District if:

1. The amount due on the deliveries warrants it; or

2. The Contractor requests it and the amount due on the deliveries is in accordance
with the following:
• "Payment will be made on completion and acceptance of each item for which
the price is stated in the Schedule in Section B."
• Presentation of a properly executed invoice.

4. Payment for Reimbursable Items and Services

a. Payment for approved reimbursable items and services provided on an hourly labor rate basis will
be made based on submitted, approved documentation, including verified timesheets and receipts.
Hourly rates shall be computed by multiplying the appropriate hourly rates in Section B by the
number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated
basis. Fixed hourly rates shall be fully loaded and include wages, overhead, general and
administrative expenses, and profit.

G.4 ASSIGNMENT OF CONTRACT PAYMENTS

G.4.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or
other financing institution funds due or to become due because of the performance of this
contract.

G.4.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made
to more than one party.

G.4.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy of the
invoice must refer to the assignment and must show that payment of the invoice is to be made
directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to
(name and address of assignee).”

G.5 THE QUICK PAYMENT ACT

G.5.1 Interest Penalties to Contractors

G.5.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick
Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1.5% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date. The required payment date shall be:

G.5.1.1.1 The date on which payment is due under the terms of the contract;

G.5.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or
meat food products;

G.5.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a
perishable agricultural commodity; or

G.5.1.1.4 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the amount of
the payment due.

G.5.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of
goods or services is made on or after:

G.5.1.2.1 3rd day after the required payment date for meat or a meat food product;

G.5.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.5.1.2.3 15th day after any other required payment date.

G.5.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.

G.5.2 Payments to Subcontractors

G.5.2.1 The Contractor must take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under
the contract:

G.5.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the
District that is attributable to the subcontractor(s) for work performed under the contract; or

G.5.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold
all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.5.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to
the subcontractor or supplier beginning on the day after the payment is due and ending on the
date on which the payment is made. Interest shall be calculated at the rate of at least 1.5% per
68

month. No interest penalty shall be paid on the following if payment for the completed
delivery of the item of property or service is made on or before the:

G.5.2.2.1 3rd day after the required payment date for meat or a meat product;

G.5.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.5.2.2.3 15th day after any other required payment date.

G.5.2.3 Any amount of an interest penalty that remains unpaid by the Contractor at the end of any 30-day
period shall be added to the principal amount of the debt to the subcontractor, and thereafter, interest
penalties shall accrue on the added amount.

G.5.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not
constitute a dispute to which the District is a party. The District may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.

G.5.3 Subcontract requirements. The Contractor shall include in each subcontract under this contract a
provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or
supplier the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code
§ 2-221.02(d).

G.6 CONTRACTING OFFICER (CO)

Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer (CO) is:

Brenda Allen
Supervisory, Contract Specialist
Office of Contracts and Acquisitions
District of Columbia Public Schools
1200 First St. NE, 9th Floor
Washington, DC 20002
Email: LaVeta.Hilton@k12.dc.gov

Contract Specialist:
Ms. Joan Aird
Senior Contract Specialist
Office of Contracts and Acquisitions
District of Columbia Public Schools
1200 First St. NE, 9th Floor
Washington, DC 20002
Email: joan.aird@k12.dc.gov

G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.7.1 The Contracting Officer is the only person authorized to approve changes in any of the
requirements of this contract.
69

G.7.2 The FSMC shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO, or pursuant to
specific authority otherwise included as part of the Contract.

G.7.3 In the event the Contractor effects any change at the instruction or request of any person other
than the CO, the change will be considered to have been made without authority and no
adjustment will be made in the contract price to cover any cost increase incurred as a result
thereof.

G.8 CONTRACT ADMINISTRATOR (CA)
G.8.1 The Contract Administrator (CA) is responsible for the general administration of the contract and
advising the CO as to the Contractor’s compliance or noncompliance with the contract. The CA
has the responsibility of ensuring the work conforms to the requirements of the contract and such
other responsibilities and authorities as may be specified in the contract. These include:
G.8.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract.
G.8.1.2 Coordinating site entry for Contractor personnel, if applicable.
G.8.1.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and
commensurate with the rate of expenditure.
G.8.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This
includes the timely processing of invoices and vouchers in accordance with the District’s
payment provisions; and
G.8.1.5 Maintaining a file that includes all contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.8.2 The address and telephone number of the CA is:

Robert Jaber
Deputy Chief
Food & Nutrition Services
Office of the Chief Operating Officer
1200 First Street, NE, 9th Floor
Washington, DC (20002)
Tel: 202-299-2159
Email: robert.Jaber@k12.dc.gov

G.8.3 The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall
make contractual agreements, commitments or modifications.
2. Grant deviations from or waive any of the terms and conditions of the contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
contract,
70

4. Authorize the expenditure of funds by the Contractor.
5. Change the period of performance; or
6. Authorize the use of District property, except as specified under the contract.

G.8.4 The FSMC will be fully responsible for any changes not authorized in advance, in writing by the
CO; may be denied compensation or other relief for any additional work performed that is not so
authorized; and may also be required, at no additional cost to the District, to take all corrective
action necessitated by reason of the unauthorized changes.

G.9 ORDERING CLAUSE

G.9.1 Any supplies and services to be furnished under this contract must be ordered by issuance
of delivery orders or task orders by the CO. Such orders may be issued during the term of
this contract.

G.9.2 All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of a conflict between a delivery order or task order and this contract, the
contract shall control.
G.9.3 If mailed, a delivery order or task order is considered "issued" when the District deposits
the order in the mail. Orders may be issued by facsimile or by electronic commerce
methods.

G.10 COST REIMBURSEMENT CEILING

G.10.1 Not Applicable.

G.11 HOURLY RATE CEILING

G.11.1 Not applicable.

THIS SPACE IS INTENTIONALLY LEFT BLANK

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

RESERVE
.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

H.2.1 FSMC shall be bound by Wage Determination No.: CBA-October 01, 2022, through September
30, 2025, Revision No.: 0, dated 04/12/2018 issued by the U.S. Department of Labor in
accordance with the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as
Section J.2. The Contractor(s) shall be bound by the wage rates for the term of the contract
subject to revision as stated herein and in accordance with Section 24 of the District of Columbia
Standard Contract Provisions dated July 2010 (SCP). If an option is exercised, the Contractor(s)
shall be bound by the applicable wage rates at the time of the option. If the option is exercised
and the CO obtains a revised wage determination, the revised wage determination is applicable
for the option periods and the Contractor(s) may be entitled to an equitable adjustment.

H.2.2 Displaced Workers Act: FSMC must comply with the District of Columbia Displaced Workers
Protection Act of 1994, D.C. Official Code § 32-101 et seq. (“Displaced Workers Act”). Under
the Displaced Workers Act, the Contractor(s) must generally retain the prior Contractor(s)’s food
service workers at each school where the Contractor(s) will provide food services. Respondents
should review the Displaced Workers Act to determine their specific obligations under the act.

H.3 PREGNANT WORKERS FAIRNESS

H.3.1 The FSMC shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The FSMC shall not:

(a) Refuse to make reasonable accommodations to the known limitations related to pregnancy,
childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can
demonstrate that the accommodation would impose an undue hardship;

(b) Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment, including
failing to reinstate the employee when the need for reasonable accommodations ceases to the
employee's original job or to an equivalent position with equivalent:

(1) Pay;

(2) Accumulated seniority and retirement;

(3) Benefits; and

(4) Other applicable service credits;
72

(c) Deny employment opportunities to an employee, or a job applicant, if the denial is based on
the need of the employer to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding;

(d) Require an employee affected by a pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if the
employee does not have a known limitation related to pregnancy, childbirth, related medical
conditions, or breastfeeding or the accommodation is not necessary for the employee to perform
her duties;

(e) Require an employee to take leave if a reasonable accommodation can be provided; or

(f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.

H.3.3 The FSMC shall post and maintain in a conspicuous place a notice of rights in both English and
Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:

(a) New employees at the commencement of employment;

(b) Existing employees; and

(c) An employee who notifies the employer of her pregnancy or other condition covered by the
PPWF Act, within ten days of the notification.

H.3.4 The FSMC shall provide an accurate written translation of the notice of rights to any non-English
or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The FSMC shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official
Code § 32-1361 et seq.

H.4.2 The FSMC shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:

(1) Any provision stating or indicating that an individual's status as unemployed disqualifies
73

the individual for the job; or

(2) Any provision stating or indicating that an employment agency will not consider or hire
an individual for employment based on that individual's status as unemployed.

H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.

H.5 RESERVED

H.6 RESERVED

H.7 RESERVED

H.8 RESERVED

H.9 SUBCONTRACTING REQUIREMENTS

RESERVED

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (the “Act” as
used in this section). This section applies to any employment, including employment on a
temporary or contractual basis, where the physical location of the employment is in whole or
substantial part within the District of Columbia.

H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the FSMC, to reveal or disclose an arrest or criminal accusation that is not then pending or
did not result in a criminal conviction.

H.10.3 After making a conditional offer of employment, the FSMC may require an applicant to
disclose or reveal a criminal conviction.

H.10.4 The FSMC may only withdraw a conditional offer of employment or take adverse action
against an applicant for legitimate business reason as described in the Act.

H.10.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment.

(b) To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories.
74

(c) To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or

(d) To employers that employ less than 11 employees.

H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.

H.11 DIVERSION, REASSIGNMENT, AND REPLACEMENT OF KEY PERSONNEL

H.11.1 The key personnel specified in the contract are considered to be essential to the work being
performed hereunder. Prior to diverting any of the specified key personnel for any reason, the
Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit
justification, including proposed substitutions, in sufficient detail to permit evaluation of the
impact upon the contract. The Contractor shall obtain written approval of the CO for any
proposed substitution of key personnel.

H.12 AUDITS AND RECORDS

H.12.1 As used in this clause, “records” includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in written
form, in the form of computer data, or in any other form.

H.12.2 Examination of Costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour,
or price-predeterminable contract, or any combination of these, the Contractor shall maintain and
the CO, or an authorized representative of the CO, shall have the right to examine and audit all
records and other evidence sufficient to reflect properly all costs claimed to have been incurred
or anticipated to be incurred directly or indirectly in the performance of this contract. This right
of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts
of them, engaged in performing the contract.

H.12.3 Cost or pricing data. If the Contractor has been required to submit cost or pricing data in
connection with any pricing action relating to this contract, the CO, or an authorized
representative of the CO, in order to evaluate the accuracy, completeness, and currency of the
cost or pricing data, shall have the right to examine and audit all of the Contractor’s records,
including computations and projections, related to:

a. The proposal for the contract, subcontract, or modification.
b. The discussions conducted on the proposal(s), including those related to negotiating.
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.

H.12.4 Comptroller General

a. The Comptroller General of the United States, or an authorized representative, shall have
access to and the right to examine any of the Contractor’s directly pertinent records
involving transactions related to this contract or a subcontract hereunder.
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b. This paragraph may not be construed to require the Contractor or subcontractor to create
or maintain any record that the Contractor or subcontractor does not maintain in the
ordinary course of business or pursuant to a provision of law.

5. Reports. If the Contractor is required to furnish cost, funding, or performance reports, the CO or
an authorized representative of the CO shall have the right to examine and audit the supporting
records and materials for the purpose of evaluating:

a. The effectiveness of the Contractor’s policies and procedures to produce data compatible
with the objectives of these reports; and
b. the data reported.

6. Availability. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in clauses H.12.1 through H.12.5 for examination, audit,
or reproduction until three years after final payment under this contract or for any shorter period
specified in the solicitation, or for any longer period required by statute or by other clauses of
this contract. In addition:

a. If this contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until three years after any resulting final
termination settlement; and
b. The Contractor shall make available records relating to appeals under the Disputes clause
or to litigation or the settlement of claims arising under or relating to this contract until
such appeals, litigation, or claims are finally resolved.

7. The Contractor shall insert a clause containing all the terms of this clause, including this section
H.12.7, in all subcontracts under this contract that exceed the small purchase threshold of
$100,000, and:

a. That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-re
determinable type or any combination of these;
b. For which cost, or pricing data are required; or
c. That requires the subcontractor to furnish reports as discussed in H.12.5 of this clause.

H.13 CRIMINAL BACKGROUND AND TRAFFIC RECORD CHECKS FOR
CONTRACTORS THAT PROVIDE DIRECT SERVICES TO CHILDREN OR YOUTH

1. A contractor that provides services as a covered child or youth services provider, as defined in
section 202(3) of the Child and Youth, Safety, and Health Omnibus Amendment Act of 2004,
effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.), as amended
(in this section, the “Act”), shall obtain criminal history records to investigate persons applying
for employment, in either a compensated or an unsupervised volunteer position, as well as its
current employees and unsupervised volunteers. The Contractor shall request criminal
background checks for all positions.

2. The Contractor shall also obtain traffic records to investigate persons applying for employment,
as well as current employees and volunteers when that person will be required to drive a motor
vehicle to transport children in the course of performing his or her duties. The Contractor shall
request traffic records for the following positions:

a. Drivers
b. Multi-unit Managers

3. The Contractor shall inform all applicants requiring a criminal background check that a criminal
background check must be conducted on the applicant before the applicant may be offered a
compensated position or an unsupervised volunteer position.

4. The Contractor shall inform all applicants requiring a traffic records check that a traffic records
check must be conducted on the applicant before the applicant may be offered a compensated
position or a volunteer position.

5. The Contractor shall obtain from each applicant, employee, and unsupervised volunteer:
a. a written authorization that authorizes the District to conduct a criminal background
check;
b. a written confirmation stating that the Contractor has informed him or her that the District
is authorized to conduct a criminal background check;
c. a signed affirmation stating whether or not they have been convicted of a crime, pleaded
nolo contendere, are on probation before judgment or placement of a case upon a stet
docket, or have been found not guilty by reason of insanity for any sexual offenses or
intra-family offenses in the District or their equivalent in any other state or territory, or
for any of the following felony offenses or their equivalent in any other state or territory:

i. Murder, attempted murder, manslaughter, or arson;
ii. Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or
threats to do bodily harm;
iii. Burglary;
iv. Robbery;
v. Kidnapping;
vi. Illegal use or possession of a firearm;
vii. Sexual offenses, including indecent exposure; promoting, procuring, compelling,
soliciting, or engaging in prostitution; corrupting minors (sexual relations with
children); molesting; voyeurism; committing sex acts in public; incest; rape;
sexual assault; sexual battery; or sexual abuse; but excluding sodomy between
consenting adults;
viii. Child abuse or cruelty to children; or
ix. Unlawful distribution of or possession with intent to distribute a controlled
substance;

d. a written acknowledgment stating that the Contractor has notified them that they are
entitled to receive a copy of the criminal background check and to challenge the accuracy
and completeness of the report; and
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e. a written acknowledgment stating that the Contractor has notified them that they may be
denied employment or a volunteer position or may be terminated as an employee or
volunteer based on the results of the criminal background check.
f. The Contractor shall inform each applicant, employee, and unsupervised volunteer that a
false statement may subject them to criminal penalties.
g. Prior to requesting a criminal background check, the Contractor shall provide each
applicant, employee, or unsupervised volunteer with a form or forms to be utilized for the
following purposes:
h. To authorize the Metropolitan Police Department (MPD), or designee, to conduct the
criminal background check and confirm that the applicant, employee, or unsupervised
volunteer has been informed that the Contractor is authorized and required to conduct a
criminal background check;
i. To affirm whether or not the applicant, employee, or unsupervised volunteer has been
convicted of a crime, has pleaded nolo contendere, is on probation before judgment or
placement of a case upon a stet docket, or has been found not guilty by reason of insanity
for any sexual offenses or intra-family offenses in the District or their equivalent in any
other state or territory of the United States, or for any of the felony offenses described in
paragraph H.13.5
j. To acknowledge that the applicant, employee, or unsupervised volunteer has been
notified of his or her right to obtain a copy of the criminal background check report and
to challenge the accuracy and completeness of the report;
k. To acknowledge that the applicant may be denied employment, assignment to, or an
unsupervised volunteer position for which a criminal background check is required based
on the outcome of the criminal background check; and
l. To inform the applicant or employee that a false statement on the form or forms may
subject them to criminal penalties pursuant to D.C. Official Code § 22-2405.
m. The Contractor shall direct the applicant or employee to complete the form or forms and
notify the applicant or employee when and where to report to be fingerprinted.
n. Unless otherwise provided herein, the Contractor shall request criminal background
checks from the Chief, MPD (or designee), who shall be responsible for conducting
criminal background checks, including fingerprinting.
o. The Contractor shall request traffic record checks from the Director, Department of
Motor Vehicles (DMV) (or designee), who shall be responsible for conducting traffic
record checks.
p. The Contractor shall provide copies of all criminal background and traffic check reports
to the CA within one business day of receipt.
q. The Contractor shall pay for the costs for the criminal background and traffic record
checks, pursuant to the requirements set forth by the MPD and DMV. The District shall
not make any separate payment for the cost of criminal background and traffic record
checks.
r. The Contractor may make an offer of appointment to, or assign a current employee or
applicant to, a compensated position contingent upon receipt from the CO of the CA’s
decision after his or her assessment of the criminal background or traffic record check.
s. The Contractor may not make an offer of appointment to an unsupervised volunteer
whose position brings him or her into direct contact with children until it receives from
the contracting officer the CA’s decision after his or her assessment of the criminal
background or traffic record check.
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t. The Contractor shall not employ or permit to serve as an unsupervised volunteer an
applicant or employee who has been convicted of, has pleaded nolo contendere to, is on
probation before judgment or placement of a case on the stet docket because of, or has
been found not guilty by reason of insanity for any sexual offenses involving a minor.
u. Unless otherwise specified herein, the Contractor shall conduct periodic criminal
background checks upon the exercise of each option year of this contract for current
employees and unsupervised volunteers in the positions listed in sections H.13.1 and
H.13.2.
v. An employee or unsupervised volunteer may be subject to administrative action
including, but not limited to, reassignment or termination at the discretion of the CA after
his or her assessment of a criminal background or traffic record check.
w. The CA shall be solely responsible for assessing the information obtained from each
criminal background and traffic records check report to determine whether a final offer
may be made to each applicant or employee. The CA shall inform the CO of its decision,
and the CO shall inform the Contractor whether an offer may be made to each applicant.
x. If any application is denied because the CA determines that the applicant presents a
present danger to children or youth, the Contractor shall notify the applicant of such
determination and inform the applicant in writing that she or he may appeal the denial to
the Commission on Human Rights within thirty (30) days of the determination.
y. Criminal background and traffic record check reports obtained under this section shall be
confidential and are for the exclusive use of making employment-related determinations.
The Contractor shall not release or otherwise disclose the reports to any person, except as
directed by the CO.

H.14 PUBLICITY

H.14.1 Contractor shall not use the logo of DCPS, the District government, or any District agency in any
way without first obtaining approval from the CA. In addition, the Contractor shall not use the
name of DCPS, the District government, or any District agency in any statement, promotional
materials (including on the Contractor’s web site) or in any published materials in a manner
which states or implies support for or an endorsement of Contractor by DCPS. The Contractor(s)
shall at all times obtain the prior written approval from the CA before it, any of its officers,
agents, employees, or subcontractor(s)s, either during or after expiration or termination of the
contract, make any statement, or issue any material, for publication through any medium of
communication, bearing on the work performed or data collected under the contract.

H.15 FREEDOM OF INFORMATION ACT

H.15.1 The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3),
requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public function, to
the same extent as if the record were maintained by the agency on whose behalf the contract is
made. If the Contractor(s) receives a request for such information, the Contractor(s) shall
immediately send the request to the CA who will provide the request to the FOIA Officer for the
agency with programmatic responsibility in accordance with the D.C. Freedom of Information
Act. If the agency with programmatic responsibility receives a request for a record maintained by
the Contractor(s) pursuant to the contract, the CA will forward a copy to the Contractor(s). In
either event, the Contractor(s) is required by law to provide all responsive records to the CA
within the timeframe designated by the CA. The FOIA Officer for the agency with programmatic
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responsibility will determine the releasability of the records. The District will reimburse the
Contractor(s) for the costs of searching and copying the records in accordance with D.C. Official
Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.

H.16 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED

H.16.1 During the performance of the contract, the Contractor(s) and any of its subcontractor(s) shall
comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits
discrimination against disabled people in federally funded programs and activities. See 29 U.S.C.
§ 794 et seq.

H.17 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

H.17.1 During the performance of the contract, the Contractor(s) and any of its subcontractor(s) shall
comply with the ADA. The ADA makes it unlawful to discriminate in employment against a
qualified individual with a disability. See 42 U.S.C. §12101 et seq.

H.18 WAY TO WORK AMENDMENT ACT OF 2006

H.18.1 Except as described in H.8.8 below, the Contractor(s) shall comply with Title I of the Way to
Work Amendment Act of 2006, effective January 1, 2018 (D.C. Law 16-118, D.C. Official Code
§2-220.01 et seq. (“Living Wage Act of 2006”), for contracts for services in the amount of
$100,000 or more in a 12-month period. The living wage rate has been adjusted to $13.84 per
hour, effective as of January 1, 2016.

H.18.2 The Contractor(s) shall pay its employees and subcontractor(s) who perform services under the
contract no less than the current living wage published on the OCP website at www.ocp.dc.gov.

H.18.3 The Contractor(s) shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor(s) to pay its employees who perform services under the contract no less than the
current living wage rate.

H.18.4 The DOES may adjust the living wage annually and the OCP will publish the current living wage
rate on its website at www.ocp.dc.gov.

H.18.5 The Contractor(s) shall provide a copy of the Fact Sheet attached as J.6 to each employee and
subcontractor(s) who performs services under the contract. The Contractor(s) shall also post the
Notice attached as J.5 in a conspicuous place in its place of business. The Contractor(s) shall
include in any subcontract for $15,000 or more a provision requiring the subcontractor(s) to post
the Notice in a conspicuous place in its place of business.

H.18.6 The Contractor(s) shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date and shall include this
requirement in its subcontracts for $15,000 or more under the contract.

H.18.7 The payment of wages required under the Living Wage Act of 2006 shall be consistent with and
subject to the provisions of D.C. Official Code §32-1301 et seq.

H.18.8 The requirements of the Living Wage Act of 2006 do not apply to:
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a. Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
b. Existing and future collective bargaining agreements, provided, that the future collective
bargaining agreement results in the employee being paid no less than the established
living wage;
c. Contracts for electricity, telephone, water, sewer or other services provided by a
regulated utility;
d. Contracts for services needed immediately to prevent or respond to a disaster or
imminent threat to public health or safety declared by the Mayor;
e. Contracts or other agreements that provide trainees with additional services including, but
not limited to, case management and job readiness services; provided that the trainees do
not replace employees subject to the Living Wage Act of 2006;
f. An employee under 22 years of age employed during a school vacation period, or
enrolled as a full-time student, as defined by the respective institution, who is in high
school or at an accredited institution of higher education and who works less than 25
hours per week, provided that he or she does not replace employees subject to the Living
Wage Act of 2006;
g. Tenants or retail establishments that occupy property constructed or improved by receipt
of government assistance from the District of Columbia; provided, that the tenant or retail
establishment did not receive direct government assistance from the District;
h. Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue
Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);
i. Medicaid provider agreements for direct care services to Medicaid recipients, provided,
that the direct care service is not provided through a home care agency, a community
residence facility, or a group home for mentally retarded persons as those terms are
defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and
Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C.
Official Code § 44-501); and
j. Contracts or other agreements between managed care organizations and the Health Care
Safety Net Administration or the Medicaid Assistance Administration to provide health
services.

H.18.9 The Mayor may exempt a Contractor(s) from the requirements of the Living Wage Act of 2006,
subject to the approval of Council, in accordance with the provisions of Section 109 of the
Living Wage Act of 2006.

H.19 EQUAL EMPLOYMENT OPPORTUNITY

(The following clause is applicable unless this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of Labor (41 CFR Chapter 60).)

During the performance of this contract, the FSMC agrees as follows:

H.19.1 The FSMC will not discriminate against any employee or applicant for employment because of
race, color, disability, age, sex, or national origin, or reprisal or retaliation for prior civil rights
activity in any program or activity conducted or funded by USDA. The FSMC will take
affirmative action to ensure that applicants are employed, and that employees are treated during
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employment without regard to their race, color, disability, age, sex, or national origin. Such
action shall include, but not be limited to, the following.

• Employment
• Upgrading
• Demotion or transfer
• Recruitment or recruitment advertising.
• Layoff or termination.
• Rates of pay or other forms of compensation, and
• Selection for training, including apprenticeship

H.19.2 The FSMC agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SFA setting forth the provisions of this Equal
Opportunity clause.

H.19.3 The FSMC will, in all solicitation or advertisements for employees placed by or on behalf of the
FSMC, state that all qualified applicants will receive consideration for employment without
regard to race, color, disability, age, sex, or national origin.

H.19.4 The FSMC will send to each labor union or representative of workers, with which he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by
the SFA, advising the labor union or workers’ representative of the FSMC’s commitments under
this Equal Opportunity clause. Copies of this notice shall be posted in conspicuous places
available to employees and applicants for employment.

H.19.5 The FSMC will comply with all provisions of Executive Order No. 11246 of September 24,
1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
H.19.6 The FSMC will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the SFA and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.

H.19.7 In the event of the FSMC’s non-compliance with the Equal Opportunity clause of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended, in whole or in part. The FSMC may be declared ineligible for further Government
contracts, in accordance with Procedures authorized in Executive Order 11246 of September 24,
1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions
as may be imposed and remedies invoked, as provided in Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.

H.19.8 The FSMC will include the provisions of paragraph (a) through (8) in every sub-contract or
purchase order, unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended by
Executive Order No. 11375 of October 13, 1967, so that such provisions will be binding upon
each sub-contract or purchase order as the SFA may direct as a means of enforcing such
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provisions, including sanctions for non-compliance. The FSMC may request the United States to
enter into such litigation to protect the interests of the United States, in the event the FSMC
becomes involved in, or is threatened with, litigation with a sub-FSMC or FSMC as a result of
such direction by the SFA.

H.19.9 The FSMC shall comply with FNS Instruction 113-1, Civil Rights Compliance and Enforcement
– Nutrition Programs and Activities as follows:

a. "The program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age
Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.); all provisions required by the
implementing regulations of the Department of Agriculture; Department of Justice Enforcement
Guidelines, 28 CFR Part SO.3 and 42; and FNS directives and guidelines, to the effect that, no
person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded
from participation in, be denied benefits of, or otherwise be subject to discrimination under any
program or activity for which the program applicant receives Federal financial assistance from
FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate
this agreement.”

b. “By accepting this assurance, the Program applicant agrees to compile data, maintain records,
and submit reports as required, to permit effective enforcement of nondiscrimination laws and
permit authorized USDA personnel during hours of a program operation to review such records,
books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there
are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to
seek judicial enforcement of this assurance. This assurance is binding on the Program applicant,
its successors, transferees, and assignees as long as it receives assistance or retains possession of
any assistance from USDA. The person or persons whose signatures appear below are authorized
to sign this assurance on behalf of the Program applicant.”

c. In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section K.3. An award cannot be made to any
offeror who has not satisfied the equal employment requirements.

H.20 CLEAN AIR AND WATER

H.20.1 (Applicable only if the contract exceeds $150,000 or the SFA has determined that the orders
under an indefinite quantity contract in any one year will exceed $150,000, or a facility to be
used has been the subject of a conviction under the Clean air Act (42 U.S.C. 7401-7671q) or the
Federal Water Pollution Control Act (33 U.S.C. 1251-1367) and is listed by EPA, or the contract
is not otherwise exempt.)

H.20.2 The FSMC agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency (EPA).

H.21 CLEAN AIR AND WATER CERTIFICATION

H.21.1 (Applicable only if the contract exceeds $150,000 or the SFA has determined that orders under
an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has
been the subject of a conviction under the Clean Air Act (42 USC 1857c-8(c)(1)) or the Federal
Water Pollution Control Act (33 USC 1319 (c) (1)) and is listed by EPA, or is not otherwise
exempt.)

H.21.2 The bidder certifies as follows:

H.21.2.1 Any facility to be utilized in the performance of this proposed contract has not been listed
on the Environmental Protection Agency List of Violating facilities.

H.21.2.2 He will promptly notify the SFA, prior to award, of the receipt of any communication
from the Director, Office of Federal Activities, U.S. Environmental Protection Agency,
indicating that any facility which he proposes to use for the performance of the contract is
under consideration to be listed on the Environmental Protection Agency List of
Violating Facilities.

H.21.2.3 He will include substantially this certification, including this paragraph (c) in every non-
exempt sub-contract.

H.22 BYRD ANTI-LOBBYING AMENDMENT

H.22.1 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.

H.23 AVAILABILITY OF FUNDS

H.23.1 The SFA shall have the option to cancel this contract if the Federal Government withdraws funds
to support the Child Nutrition Programs including but not limited to the National School Lunch
Program, School Breakfast Program, Fresh Fruit and Vegetable Program, the Child and Adult
Care Food Program, and the Summer Food Service Program.

H.23.2 It is further understood that, in the event of cancellation of the contract, the SFA shall be
responsible for meals that have already been assembled and provided in accordance with this
contract.

H.24 DISTRICT RESPONSIBILITIES

H.23.1 District responsibilities will consist of monitoring the successful performance of this contract as
outlined in the contract.
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H.25 CONTRACTOR RESPONSIBILITIES

H.24.1 The Contractor’s responsibilities shall be complete compliance with terms and conditions,
federal, state, local, and DCPS contractual laws and regulations for the successful performance
of this contract.

THIS SPACE INTENTIONALLY LEFT BLANK.

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions for use with District of Columbia Government Supplies and
Services Contracts dated July 2010 (“SCP”) are incorporated as part of the contract. To obtain a
copy of the SCP go to http://ocp.dc.gov, under Quick Links click on “Required Solicitation
Documents.” Attachment J.1

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

I.3.1 The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence in accordance with the District and federal laws governing the confidentiality
of records and shall not use the information in connection with any other matters; nor shall it
disclose any such information to any other person, firm or corporation.

I.3.2 Contractor is required to provide an institutional service or function on behalf of DCPS under the
contract. Contractor’s ability to provide such institutional service or function requires DCPS to
disclose personally identifiable information from education records (“PII”) to Contractor and DCPS
has determined Contractor has legitimate educational interests in such disclosure. All PII must be
shared and safeguarded in accordance with the Family Educational Rights and Privacy Act (20
U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”), a federal law that protects the privacy of student
educational records. Accordingly, pursuant to 34 CFR § 99.31(a)(1)(i)(B), Contractor
acknowledges that (i) it has been outsourced an institutional service or function of DCPS under the
contract; (ii) it is considered a “school official” for purposes of providing such institutional service
or function under the contract; (iii) it is under the direct control of DCPS with respect to the use and
maintenance of all PII it will have access to under the contract; and (iv) it is subject to the
requirements of 34 CFR § 99.33(a) with respect to the use and disclosure of all PII under the
contract. According to 34 CFR § 99.33(a), Contractor must (1) not disclose any PII it may have
access to under the contract to another party without first obtaining prior written consent from the
affected parent (or student if the student has reached the age of 18); and (2) ensure that its officers,
employees and agents receiving PII under the contract only use such information for purposes of
providing an institutional service or function on behalf of DCPS. The Contractor, its officers,
employees and agents shall be required to comply with the FERPA and District laws and
regulations at all times, including when responding to subpoenas for education records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.
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I.5 RIGHTS IN DATA

Delete Article 42, Rights in Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts and substitute the
following Article 42, Rights in Data) in its place:

1. Definitions

a. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through Contractor, including existing and custom
Products, such as, but not limited to: a) recorded information, regardless of form or the
media on which it may be recorded; b) document research; c) experimental,
developmental, or engineering work; d) licensed software; e) components of the hardware
environment; f) printed materials (including but not limited to training manuals, system
and user documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.

b. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the contract. Existing Products must be identified on
the Product prior to commencement of work or else will be presumed to be Custom
Products.

c. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for
the District under the contract.
d. “District” – The District of Columbia and its agencies

2. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services detailed in the
contract. The District shall have ownership and rights for the duration set forth in the contract to use,
copy, modify, distribute, or adapt Products as follows:

a. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered or operating in conjunction with hardware or Custom Products, shall remain
with Contractor or third party proprietary owner, who retains all rights, title and interest
(including patent, trademark or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute,
reproduce, display, perform, adapt (unless Contractor advises the District as part of
Contractor’s bid that adaptation will violate existing agreements or statutes and
Contractor demonstrates such to the District’s satisfaction), and distribute Existing
Product to District users up to the license capacity stated in the contract with all license
rights necessary to fully effect the general business purpose of the project or work plan or
contract. Licenses shall be granted in the name of the District. The District agrees to
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reproduce the copyright notice and any other legend of ownership on any copies
authorized under this paragraph.

b. Custom Products: Effective upon Product creation, Contractor hereby conveys, assigns,
and transfers to the District the sole and exclusive rights, title and interest in Custom
Product(s), whether preliminary, final or otherwise, including all patent, trademark and
copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure
that the Custom Products are protected against unauthorized copying, reproduction and
marketing by or through the Contractor.

3. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder to another
District agency. Nothing herein shall preclude the Contractor from otherwise using the related or
underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a
project or work plan in the course of the Contractor’s business.

3. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor under the
contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without alteration, and
no other clause shall be used to enlarge or diminish the District’s or the Contractor’s rights in that
subcontractor data or computer software which is required for the District.

5. Source Code Escrow

a. For all computer software furnished to the District with the rights specified in section
B.2, the Contractor shall furnish to the District, a copy of the source code with such rights
of the scope as specified in section B.2 of this clause. For all computer software furnished
to the District with the restricted rights specified in section B.1 of this clause, the District,
if the Contractor either directly or through a successor or affiliate shall cease to provide
the maintenance or warranty services provided the District under the contract or any paid-
up maintenance agreement, or if the Contractor should be declared insolvent by a court of
competent jurisdiction, shall have the right to obtain, for its own and sole use only, a
single copy of the current version of the source code supplied under the contract, and a
single copy of the documentation associated therewith, upon payment to the person in
control of the source code the reasonable cost of making each copy.

b. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in section B.1 of this clause offers the source code or source
code escrow to any other commercial customers, the Contractor shall either: (1) provide
the District with the source code for the Product; (2) place the source code in a third party
escrow arrangement with a designated escrow agent who shall be named and identified to
the District, and who shall be directed to release the deposited source code in accordance
with a standard escrow arrangement acceptable to the District; or (3) will certify to the
District that the Product manufacturer/ developer has named the District as a named
beneficiary of an established escrow arrangement with its designated escrow agent who
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shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with the terms of escrow.

c. The Contractor shall update the source code, as well as any corrections or enhancements
to the source code, for each new release of the Product in the same manner as provided
above and certify such updating of escrow to the District in writing.

6. Indemnification and Limitation of Liability

The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs and
expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the
publication, translation, reproduction, delivery, performance, use or disposition of any data furnished
under this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or
other unlawful matter contained in such data.

I.6 OTHER CONTRACTORS

The Contractor shall not commit or permit any act that will interfere with the performance of
work by another District contractor or by any District employee.

I.7 SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every provision of this contract.
Notwithstanding any such subcontract approved by the District, the Contractor shall remain
liable to the District for all Contractor's work and services required hereunder.

I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the types of insurance specified
below. The Contractor shall have its insurance broker or insurance company submit a Certificate
of Insurance to the CO giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the required
Certificates of Insurance signed by an authorized representative of the insurer(s) have been
provided to, and accepted by, the CO. All insurance shall be written with financially responsible
companies authorized to do business in the District of Columbia or in the jurisdiction where the
work is to be performed and have an A.M. Best Company rating of A- / VII or higher. Should the
Contractor decide to engage a subcontractor for segments of the work under this contract and
wish to propose different insurance requirements than outlined below, then, prior to the
commencement of work by the subcontractor, the Contractor shall submit in writing the name
and brief description of work to be performed by the subcontractor on the Subcontractors
Insurance Requirement Template provided by the CA, to the Office of Risk Management
(ORM). ORM will determine the insurance requirements applicable to the subcontractor and
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promptly deliver such requirements in writing to the Contractor and the CA. The Contractor
must provide proof of the subcontractor's required insurance prior to the commencement of work
by the subcontractor. If the Contractor decides to engage a subcontractor without requesting from
ORM specific insurance requirements for the subcontractor, such subcontractor shall have the
same insurance requirements as the Contractor.

General liability, commercial auto, workers' compensation and property insurance policies (if
applicable to this agreement) shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.

The Government of the District of Columbia shall be included in all policies required hereunder
to be maintained by the Contractor and its subcontractors (except for workers’ compensation and
professional liability insurance) as an additional insured for claims against The Government of
the District of Columbia relating to this contract, with the understanding that any affirmative
obligation imposed upon the insured Contractor or its subcontractors (including without
limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured status under the
Contractor’s and its subcontractors’ Commercial General Liability insurance policies shall be
affected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07
04 and CG 20 37 07 04) or such other endorsement or combination of endorsements providing
coverage at least as broad and approved by the CO in writing. All of the Contractor’s and its
subcontractors’ liability policies (except for workers’ compensation and professional liability
insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate
that such policies provide primary coverage (without any right of contribution by any other
insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an
Additional Insured) for all claims against the additional insured arising out of the performance of
this Statement of Work by the Contractor or its subcontractors, or anyone for whom the
Contractor or its subcontractors may be liable. These policies shall include a separation of
insureds clause applicable to the additional insured.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.

B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a CGL
policy, written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad
and approved by the CO in writing), covering liability for all ongoing and completed operations
of the Contractor, including ongoing and completed operations under all subcontracts, and
covering claims for bodily injury, including without limitation sickness, disease or death of any
persons, injury to or destruction of property, including loss of use resulting therefrom, personal
and advertising injury, and including coverage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not less
than $1,000,000 each occurrence, a $2,000,000 general aggregate (including a per location or per
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project aggregate limit endorsement, if applicable) limit, a $1,000,000 personal and advertising
injury limit, and a $2,000,000 products-completed operations aggregate limit.

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA 00 01
10 13 (or another form with coverage at least as broad and approved by the CO in writing)
including coverage for all owned, hired, borrowed and non-owned vehicles and equipment used
by the Contractor, with a minimum per accident limits equal to the greater of (i) the limits set
forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000 per occurrence
combined single limit for bodily injury and property damage.

3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates of the
District of Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the CO of
employer’s liability insurance as follows: $500,000 per accident for injury, $500,000 per
employee for disease, and $500,000 for policy disease limit.

All insurance required by paragraphs 1,2 and 3 shall include a waiver of subrogation
endorsement for the benefit of the Government of the District of Columbia.

4. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to
the duties and obligations as is undertaken by Contractor in this agreement and shall include, but
not limited to, claims involving infringement of intellectual property, including but not limited to
infringement of copyright, trademark, trade dress, invasion of privacy violations, information
theft, damage to or destruction of electronic information, release of private information,
alteration of electronic information, extortion and network security. The policy shall provide
coverage for breach response costs as well as regulatory fines and penalties as well as credit
monitoring expenses with limits sufficient to respond to these obligations. Limits may not be
shared with other lines of coverage. A copy of the cyber liability policy must be submitted to the
Office of Risk Management (ORM) for compliance review.

5. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence
satisfactory to the Contracting Officer with respect to the services performed that it carries
$1,000,000 per occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation
liability coverage. Coverage should include physical abuse, such as sexual or other bodily harm
and non-physical abuse, such as verbal, emotional, or mental abuse; any actual, threatened or
alleged act; errors, omission or misconduct. This insurance requirement will be considered met
if the general liability insurance includes an affirmative sexual abuse and molestation
endorsement for the required amounts. So called “silent” coverage or “shared” limits under a
commercial general liability or professional liability policy will not be acceptable. Limits may
not be shared with other lines of coverage. The applicable policy may need to be submitted to the
Office of Risk Management (ORM) for compliance review.

6. Spoilage/Perishable Goods/Consequential Damage Coverage – The Contractor shall
provide evidence satisfactory to the Contracting Officer with respect to services performed that it
carries this coverage to pay for loss to perishable goods due to the breakdown of covered
equipment and/or power interruption. Specific coverage language should agree to:

• Pay for the spoilage damage to raw materials, property in process or finished products,
provided all of the following conditions are met:
(a) The raw materials, property in process or finished products must be in storage or
in the course of being manufactured.
(b) You must own or be legally liable under written contract for the raw materials,
property in process or finished products; and
(c) The spoilage damage must be due to the lack or excess of power, light, heat,
steam or refrigeration.
(d) $1,500,000 Limit of Insurance

7. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with minimum limits
equal to the greater of (i) the limits set forth in the Contractor’s umbrella or excess liability
policy or (ii) $15,000,000 per occurrence and $15,000,000 in the annual aggregate, following the
form and in excess of all liability policies. All liability coverages must be scheduled under the
umbrella and/or excess policy. The insurance required under this paragraph shall be written in a
form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-
insurance or reinsurance maintained by the District and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.

C. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by the
Government of the District of Columbia.

D. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract and
two years for non-construction-related contracts.

E. LIABILITY. These are the required minimum insurance requirements established by the District
of Columbia. However, the required minimum insurance requirements provided above will not in
any way limit the contractor’s liability under this contract.

F. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for any
loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of the District of Columbia.

G. MEASURE OF PAYMENT. The District shall not make any separate measure or payment for
the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and
bonds in the contract price.

H. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of coverage and / or limit changes or if the
policy is canceled prior to the expiration date shown on the certificate. The Contractor shall
provide the CO with ten (10) days prior written notice in the event of non-payment of premium.
The Contractor will also provide the CO with an updated Certificate of Insurance should its
insurance coverages renew during the contract.

I. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance giving
evidence of the required coverage as specified in this section prior to commencing work.
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted to:

The Government of the District of Columbia Public Schools

And mailed to the attention of:

Joan Aird
Office of Contracting and Acquisitions
1200 First Street, NE, 9th Floor
Washington, DC 20002
(202) 442-5128
Joan.Aird@k12.dc.gov

The CO may request, and the Contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance policies.
If the insurance initially obtained by the Contractor expires prior to completion of the contract,
renewal certificates of insurance and additional insured and other endorsements shall be
furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage
required to be maintained after completion, an additional certificate of insurance evidencing such
coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or
replaced).

J. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the
name and contact information of its insurers to any third party which presents a claim against the
District for any damages or claims resulting from or arising out of work performed by the
Contractor, its agents, employees, servants or subcontractors in the performance of this contract.

K. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection
with this contract shall be written by insurance companies with an A.M. Best Insurance Guide
rating of at least A- VII (or the equivalent by any other rating agency) and licensed in the
District.

ADDITIONAL INSURANCE INFORMATION:

• The FSMC is required to be insured adequately to support the terms of the contract. The FSMC shall
maintain the insurance coverage set forth below for each accident provided by insurance companies
authorized to do business in the District of Columbia and have an A.M. Best Company rating of A-
VIII or higher. The FSMC shall require all of its subcontractors to carry the same insurance required
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herein. A Certificate of Insurance of the FSMC’s insurance coverage indicating these amounts must
be submitted at the time of award.

• The FSMC shall ensure that all policies provide that the SFA shall be given thirty days prior written
notice in the event the stated limit in the declarations page of the policy is reduced via endorsement
or the policy is canceled prior to the expiration date shown on the certificate. The FSMC shall
provide the SFA with ten days prior written notice in the event of non-payment of premium.

• The FSMC shall have in effect during all times under this agreement, comprehensive general
liability insurance, including products and completed operations liability, contractual liability, and
independent FSMC’s liability coverage and personal injury. Minimum coverage shall be $1,000,000
per incident/person.

• The general liability policy coverage shall include the District of Columbia as an additional insured,
shall be primary and non-contributory with any other insurance maintained by the District of
Columbia, and shall contain a waiver of subrogation. The FSMC shall maintain Completed
Operations coverage for five years following final acceptance of the work performed under this
contract.

• The FSMC shall provide Workers’ Compensation insurance in accordance with the statutory
mandates of the District of Columbia or the jurisdiction in which the contract is performed.

• The FSMC shall provide automobile liability insurance to cover all owned, hired or non-owned
motor vehicles used in conjunction with the performance of this contract. The policy shall provide a
$1,000,000 per occurrence combined single limit for bodily injury and property damage.

• The FSMC shall provide employer’s liability insurance as follows: $500,000 per accident for injury;
$500,000 per employee for disease; and $500,000 for policy disease limit.

1. General Liability: Enter Amount
2. Workman’s Compensation: Enter Amount
3. Vehicle Insurance: Enter Amount
4. Employer’s Liability Insurance: Enter Amount

• The SFA shall be named as additional insured on the General Liability and Automobile insurance
policy. The FSMC must provide a waiver of subrogation in favor of the SFA for General Liability,
Automobile, and Worker’s Compensation.

• In addition, the FSMC shall provide fire and theft insurance at its own expense to cover any risk
created by fire and/or theft to its property located on the premises of the SFA. The FSMC further
agrees to provide all necessary fire and/or theft insurance to cover clothes, garments and other
articles owned by their employees.

I.9 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
94

Information Report are incorporated herein as Section J.3. An award cannot be made to any
offeror who has not satisfied the equal employment requirements.

I.10 ORDER OF PRECEDENCE

The contract awarded as a result of this RFP will contain the following clause:

ORDER OF PRECEDENCE

A conflict in language shall be resolved by giving precedence to the document in the highest order of
priority that contains language addressing the issue in question. The following documents are
incorporated into the contract by reference and made a part of the contract in the following order of
precedence:

(1) An applicable Court Order, if any
(2) Contract document
(3) Standard Contract Provisions
(4) Contract attachments other than the Standard Contract Provisions
(5) RFP, as amended
(6) BAFOs (in order of most recent to earliest)
(7) Proposal

I.11 DISPUTES

Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Article 14, Disputes, in its place:

14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.

1. Claims by the Contractor against the District : Claim, as used in paragraph (a) of this
clause, means a written assertion by the Contractor seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms, or
other relief arising under or relating to the contract. A claim arising under a contract, unlike
a claim relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
a. All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The Contractor’s
claim shall contain at least the following:
i. A description of the claim and the amount in dispute;
ii. Data or other information in support of the claim;
iii. A brief description of the Contractor’s efforts to resolve the dispute prior to
filing the claim; and
iv. The Contractor’s request for relief or other action by the CO.
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b. The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
c. The CO shall issue a decision on any claim within 120 calendar days after receipt
of the claim. Whenever possible, the CO shall take into account factors such as the
size and complexity of the claim and the adequacy of the information in support of
the claim provided by the Contractor.
d. The CO’s written decision shall do the following:
i. Provide a description of the claim or dispute;
ii. Refer to the pertinent contract terms;
iii. State the factual areas of agreement and disagreement;
iv. State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
v. If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief
to be granted;
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
e. Failure by the CO to issue a decision on a contract claim within 120 days of receipt
of the claim will be deemed to be a denial of the claim, and will authorize the
commencement of an appeal to the Contract Appeals Board as provided by D.C.
Official Code § 2-360.04.
f. If a contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part
of the Contractor, the Contractor shall be liable to the District for an amount equal
to the unsupported part of the claim in addition to all costs to the District attributable
to the cost of reviewing that part of the Contractor’s claim. Liability under this
paragraph shall be determined within six years of the commission of the
misrepresentation of fact or fraud.
g. Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision
of the CO.
2. Claims by the District against the Contractor: Claim as used in paragraph (b) of this
clause, means a written demand or written assertion by the District seeking, as a matter of
right, the payment of money in a sum certain, the adjustment of contract terms, or other
relief arising under or relating to the contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
a. The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
b. The CO shall send written notice of the claim to the contractor. The CO’s written
decision shall do the following:
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i. Provide a description of the claim or dispute;
ii. Refer to the pertinent contract terms;
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be
binding in any subsequent proceeding;
v. If all or any part of the claim is determined to be valid, determine the amount
of monetary settlement, the contract adjustment to be made, or other relief
to be granted;
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
c. The CO shall support the decision by reasons and shall inform the Contractor of its
rights as provided herein.
d. Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
e. The authority contained in this paragraph (b) shall not apply to a claim or dispute
for penalties or forfeitures prescribed by statute or regulation which another District
agency is specifically authorized to administer, settle or determine.
f. This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise
adjust any claim involving fraud.
g. Decisions of the CO shall be final and not subject to review unless the Contractor
timely commences an administrative appeal for review of the decision, by filing a
complaint with the Contract Appeals Board, as authorized by D.C. Official Code §
2-360.04.
h. Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision
of the CO.
I.12 CHANGES

Delete clause 15, Changes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes in its place:
15. Changes:

(a) The CO may, at any time, by written order, and without notice to the surety, if any, make
changes in the contract within the general scope hereof. If such change causes an increase or
decrease in the cost of performance of the contract, or in the time required for performance,
an equitable adjustment shall be made. Any claim for adjustment for a change within the
general scope must be asserted within ten days from the date the change is ordered;
provided, however, that the CO, if he or she determines that the facts justify such action,
may receive, consider and adjust any such claim asserted at any time prior to the date of
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final settlement of the contract. If the parties fail to agree upon the adjustment to be made,
the dispute shall be determined as provided in clause 14 Disputes.

(b) The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the contract or
subcontract, including work under a District-issued change order, when the additional work
increases the contract price beyond the not-to-exceed price or negotiated maximum price of
this contract, unless the CO:

(1) Agrees with Contractor, and if applicable, the subcontractor on a price for the
additional work;
(2) Obtains a certification of funding to pay for the additional work;
(3) Makes a written, binding commitment with the Contractor to pay for the
additional work within 30-days after the Contractor submits a proper invoice; and
(4) Provides the Contractor with written notice of the funding certification.

(1) Within five business days of its receipt of notice the approved additional funding,
provide the subcontractor with notice of the amount to be paid to the
subcontractor for the additional work to be performed by the subcontractor;
(2) Pay the subcontractor any undisputed amount to which the subcontractor is
entitled for the additional work within 10 days of receipt of payment from the
District; and
(3) Notify the subcontractor and CO in writing of the reason the Contractor withholds
any payment from a subcontractor for the additional work.

(d) Neither the District, Contractor, nor any subcontractor may declare another party to be in
default, or assess, claim, or pursue damages for delays, until the parties agree on a price for
the additional work.

I.13 NON-DISCRIMINATION CLAUSE

Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions dated July 2010 for
use with District of Columbia Government Supplies and Services Contracts and substitute the following
clause 19, Non-Discrimination Clause, in its place:

I.13.a 19. Non-Discrimination Clause:

1. The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights Act,
effective December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et
seq.) (“Act,” as used in this clause). The Contractor shall include a similar clause in all
subcontracts, except subcontracts for standard commercial supplies or raw materials. In addition,
the Contractor agrees, and any subcontractor shall agree, to post in conspicuous places, available
to employees and applicants for employment, a notice setting forth the provisions of this non-
discrimination clause as provided in section 251 of the Act.

2. Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02), Mayor’s
Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11 of Title 4 of
the D.C. Municipal Regulations, the following clauses apply to the contract:

(1) The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, gender identity or
expression, family responsibilities, genetic information, disability, matriculation,
political affiliation, or credit information. Sexual harassment is a form of sex
discrimination that is prohibited by the Act. In addition, harassment based on any
of the above protected categories is prohibited by the Act.

(2) The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their actual or perceived: race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, gender identity or expression,
family responsibilities, genetic information, disability, matriculation, political
affiliation, or credit information. The affirmative action shall include, but not be
limited to the following:

(a) employment, upgrading or transfer.
(b) recruitment, or recruitment advertising.
(c) demotion, layoff or termination.
(d) rates of pay, or other forms of compensation; and
(e) selection for training and apprenticeship.

(3) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency,
setting forth the provisions in paragraphs 19(b)(1) and (b)(2) concerning
nondiscrimination and affirmative action.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment pursuant to the nondiscrimination requirements set
forth in paragraph 19(b)(2).

(5) The Contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contracting agency, advising the said
labor union or workers’ representative of that contractor’s commitments under this
nondiscrimination clause and the Act, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.

(6) The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer or
designee, or the Director of the Office of Human Rights or designee, for purposes
of investigation to ascertain compliance with the Act, and to require under terms of
any subcontractor agreement each subcontractor to permit access of such
subcontractors’ books, records, and accounts for such purposes.

(7) The Contractor agrees to comply with the provisions of the Act and with all
guidelines for equal employment opportunity applicable in the District adopted by
the Director of the Office of Human Rights, or any authorized official.

(8) The Contractor shall include in every subcontract the equal opportunity clauses,
i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such provisions shall
be binding upon each subcontractor.

(9) The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request the
District to enter into such litigation to protect the interest of the District.

I.14 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS

I.14.1 Any contract in excess of $1,000,000.00 shall not be binding or give rise to any claim or demand
against the District until approved by the Council of the District of Columbia and signed by the
CO.

I.15 CONTINUITY OF SERVICES

I.15.1 The Contractor recognizes that the services provided under this contract are vital to the District
and must be continued without interruption and that, upon contract expiration or termination, a
successor, either the District or another contractor, at the District’s option, may continue to
provide these services. To that end, the Contractor agrees to:
a. Furnish phase-out, phase-in (transition) training; and
b. Exercise its best efforts and cooperation to effect an orderly and efficient transition to a
successor.

I.15.2 The Contractor shall, upon the CO’s written notice:
a. Furnish phase-in, and phase-out services for up to 90 days after this contract expires and

b. Negotiate in good faith a plan with a successor to determine the nature and extent of
phase-in, and phase-out services required. The plan shall specify a training program and
a date for transferring responsibilities for each division of work described in the plan, and
shall be subject to the CO’s approval.
c. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-
out period to ensure that the services called for by this contract are maintained at the
required level of proficiency.
d. The Contractor shall allow as many personnel as practicable to remain on the job to help
the successor maintain the continuity and consistency of the services required by this
contract. The Contractor also shall disclose necessary personnel records and allow the
successor to conduct on-site interviews with these employees. If selected employees are
agreeable to the change, the Contractor shall release them at a mutually agreeable date
and negotiate transfer of their earned fringe benefits to the successor.
e. Only in accordance with a modification issued by the CO, the Contractor shall be
reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the
100

agreed period after contract expiration that result from phase-in, and phase-out
operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this
contract.

I.16 ESTIMATED QUANTITIES

I.16.1 It is the intent of the District to secure a contract for all of the needs of the designated agencies
for items specified herein that may occur during the contract term. The District agrees that it will
purchase its requirements of the articles or services included herein from the Contractor. Articles
or services specified herein have a history of repetitive use in the District agencies. The
estimated quantities stated in the RFP reflect the best estimates available. They shall not be
construed to limit the quantities which may be ordered from the Contractor by the District or to
relieve the Contractor of his obligation to fill all such orders. Orders will be placed from time to
time if and when needs arise for delivery, all charges prepaid, to the ordering agency. The
District does not guarantee to order any specific quantities of any item(s) or work hours of
service.

I.17 TERMINATION

a) The SFA or the FSMC may terminate the contract for cause or for convenience, by giving 60
days written notice.

b) Neither the FSMC nor the SFA shall be responsible for any losses resulting if the fulfillment of
the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes,
fires, floods, or for any acts not within the control of either the FSMC or the SFA, respectively,
and which by the exercise of due diligence it is unable to prevent.

c) The SFA reserves the right to terminate this contract if the FSMC fails to comply with any of the
requirements of this contract. The SFA shall notify the FSMC, in writing, of specific instances of
non-compliance. In instances where the FSMC has been notified on non-compliance with the
terms of the contract, and has not taken immediate corrective action, the SFA shall have the
right, upon written notice, to immediately terminate the contract and the FSMC shall be liable for
any damages incurred by the SFA. The SFA shall negotiate a re-purchase contract on a
competitive basis to arrive at a fair and reasonable price.

d) The SFA shall give written notice to the FSMC and terminate the right of the FSMC to proceed
under this contract if the SFA finds that gratuities in the form of entertainment, gifts, or
otherwise, were offered or given by the FSMC to any officer or employee of the SFA with a
view toward securing a contract or securing favorable treatment with respect to the awarding or
amending of the contract; provided that the existence of the facts upon which the SFA makes
such findings shall be an issue and may be reviewed in any competent court.

I.17.1 In the event this contract is terminated, as provided in paragraph (c) hereof, the SFA shall be
entitled:

a. To pursue the same remedies against the FSMC as it could pursue in the event of a
breach of the contract by the FSMC, and
101

b. As a penalty in addition to any other damages in an amount which shall not be less than
three, nor more than three times the cost incurred by the FSMC in providing any such
gratuities to any such officer or employee.
c. The rights and remedies of the SFAs provided in this clause shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this contract.

I.17.2 Termination for the Convenience of the Government:

a) DCPS has the right to terminate the contract for the convenience of the government, DCMR
27, Section 3702 -- Termination for Convenience of the Government (Fixed-Price) (Short Form).

I.17.3 Termination for Default

a) DCPS has the right to terminate the contract for default of the contractor on satisfactory
performance in accordance with the terms and conditions of the contract, 27 DCMR Section
3710 -- Default (Fixed-Price Supply and Service) (Apr 1984).

b) DCPS reserves the right to terminate the contract for default without advance notice in the event
the contractor is closed for the reasons cited above.

I.18 SUB-CONTRACTS AND ASSIGNMENTS

a) FSMC management subcontracting is prohibited for schools operating CACFP or SFSP.

b) Subcontracting plans are encouraged for but not limited to local nutrition and food education
programs, unprocessed or minimally processed foods, indoor/outdoor garden programs, staff
development, storage, transportation, and/or waste diversion measures (i.e., share tables, on-site
composting, etc.).

I.19 ECONOMIC PRICE ADJUSTMENT AND PRICE RENEGOTIATION

I.19.1 Renegotiation of meal prices (as applicable) will not be allowed in the initial term of the
agreement. Renegotiation will be allowed in the subsequent years of the agreement based on
changes in meal prices (see Section F.2 for details on option years). An economic price
adjustment allows the FSMC to increase their price to the SFA and allows the SFA to demand a
price reduction. If the FSMC requests a price increase for meals under the agreement, the annual
percentage increase must be based on the United States Department of Labor, Bureau of Labor
Statistics Consumer Price Index for Urban Consumers (CPI-U) for the applicable area
(Washington D.C. area, or Southern region) for the most recent 12-month period immediately
preceding the month in which the contract expires. Before any fee or price increases can be
implemented, the FSMC must document through cost documentation or price analysis the need
for such price increase. Any increase or decrease in price will be documented as set forth in B.2.
Price increases for costs not directly related to the products (e.g., gas prices for delivery) will be
considered on a case-by-case basis and may be denied.

I.20 CONSEQUENCES OF NON-COMPLIANCE

I.20.1 FSMC shall be responsible for compensating DCPS on a per meal basis for any and all meals
that do not meet program requirements, including, but not limited to:
102

a. Incomplete or non-compliant meals/adult meals per federal, local and district regulations.
b. Meals rejected as unacceptable: no payment is to be made for meals that are spoiled or
unwholesome at time of delivery, do not meet detailed specifications as developed by the
school food authority for each food component specified in 7 CFR 210.10, or do not
otherwise meet the requirements of the contract. Specifications shall cover items such a
grade, purchase units, style, condition, weight, ingredients, formulations, and delivery
time.
c. Incorrect component substitutions.
d. Non-DCPS approved menu items or a la carte sales.
e. Meals served through a non-compliant service model under HSA.
f. Failure to implement any compliant service models requested by DCPS that Contractor(s)
cannot reasonably document as not being feasible; and
g. Meals that are in violation of a student’s approved dietary accommodation plan.

I.20.2 Said violations shall result in the FSMC reimbursing DCPS within 30 days from the day of
violation with the full per meal federal and state reimbursement. If nutritional or counting and
claiming compliance or excessive or unusable USDA bonus or donated food inventories is the
subject of an OSSE fiscal action, DCPS shall withhold from FSMC payment in the amount equal
to the penalty. Noncompliant actions, per meal and otherwise, are to be reimbursed to DCPS in
the form of a line-item credit on the subsequent month’s invoice.

I.20.3 In the event of non-performance or violation or breach of the requirements by FSMC, DCPS
shall also have the right to pursue all administrative, contractual, and legal remedies against the
FSMC and shall have the right to seek appropriate remedies including, but not limited to, the
withholding of partial or full payment as remediation for poor performance in the form of
unrealized value of contracted services and the reassignment of school(s).

I.20.4 DCPS shall issue directives regarding any deficiencies, and the FSMC shall be obligated to
rectify those deficiencies in a timely manner.

I.20.5 DCPS shall use FSMC unit price as reflected by meal category and cluster starting in Section
B.2. in determining liquidated damages if compensation for non-compliance is required.

I.20.6 Deficient meal counts must be calculated against the meal cost per cluster to determine amount
owed to DCPS. The FSMC shall reflect the breakout of the calculated amount by CLIN category
(reference Section B.2) to ensure correct reimbursement or credit activity is recorded.

I.20.7 Non-compliance appeals shall be handled according to applicable law and policy.

I.21 GOVERNING LAW

I.21.1 The contract, and any disputes arising out of or related to the contract, shall be governed by, and
construed in accordance with, the laws of the District of Columbia.

103

I.22 COST AND PRICING DATA

Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated July 2010 for use
with District of Columbia Government Supplies and Services Contracts.

SECTION J: OCA ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference . [However, include
ONLY J.1, J.2, J.5 and J.6 in the final contract.]

Attachment
Number

Document
To Be
Submitted
with Bid

J.1
Government of the District of Columbia Standard Contract Provisions for
Use with the Supplies and Services Contracts (July 2010)
available at www.ocp.dc.gov click on “Solicitation Attachments”

J.2 U.S. Department of Labor Wage Determination N0.: 2015-4281, Revision
No.: 24, Date of Revision 6/27/2022

No
J.3 Wage Determination No.: CBA-October 1, 2022, through
September 30, 2025
No

J.4
Office of Local Business Development Equal Employment Opportunity
Information Report and Mayor’s Order 85-85
available at www.ocp.dc.gov click on “Solicitation Attachments”

Yes
J.5 Department of Employment Services First Source Employment Agreement Yes
J.6 Way to Work Amendment Act of 2006 - Living Wage Notice No
J.7 Way to Work Amendment Act of 2006 - Living Wage Fact Sheet No
J.8 Tax Certification Affidavit, www.ocp.dc.gov Yes
J.9 Certificate of Clean Hands Yes
J.10 Subcontracting Plan (if required by law) available at
www.ocp.dc.gov click on “Solicitation Attachments”

Yes
J.11 First Source Initial Employment Plan (if contract is $300,000 or more) Yes

J.12
Bidder/Offeror Certification Form
available at http://ocp.dc.gov, click on “Solicitation Attachments
under Quick Links click on “Required Solicitation Documents”

Yes
J.13 Certificate of Insurance (Section I.8) Yes
J.14 Cost/Price Certification and Data Package Yes
J.15 Past Performance Questionnaire Yes

104

NOTE 01: Use the link https://ocp.dc.gov, to obtain and complete all listed mandatory attachments following the
instructions thoroughly.
NOTE 02: Contractors shall submit documents with their proposals that denotes “Yes” at the right
Column.
NOTE 03: Past Performance Questionnaire SHALL be completed and submitted with the proposal.
SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS

K.1.1 Definitions. As used in this provision:

K.1.1.1 Controlled substance: means a controlled substance in schedules I through V of Section 202 of
the Controlled Substances Act (21 U.S.C. § 812) and as further defined in regulation at 21 CFR 1308.11
- 1308.15.

K.1.1.2 Conviction: means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
federal or state criminal drug statutes.

K .1.1.3 Criminal drug statute: means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, possession or use of any controlled substance.

K.1.1.4 Drug-free workplace: means the site(s) for the performance of work done by the Contractor in
connection with a specific contract at which employees of the Contractor are prohibited from engaging
in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

K.1.1.5 Employee: means an employee of a contractor directly engaged in the performance of work
under a District contract. “Directly engaged” is defined to include all direct cost employees and any
other contractor employee who has other than a minimal impact or involvement in contract performance.

K.1.1.6 Individual: means an offeror/contractor that has no more than one employee including the
offeror/contractor.

K.1.2 The Contractor, if other than an individual, shall within 30 days after award (unless a longer
period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as
possible for contracts of less than 30 days performance duration:

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the Contractor’s workplace and
specifying the actions that will be taken against employees for violations of such prohibition.

(2) Establish an ongoing drug-free awareness program to inform such employees about:
a. The dangers of drug abuse in the workplace.
b. The Contractor’s policy of maintaining a drug- free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.

105

(3) Provide all employees engaged in performance of the contract with a copy of the statement required
by section K.1.2(1) of this clause.

(4) Notify such employees in writing in the statement required by section K.1.2(1) of this clause that, as
a condition of continued employment on this contract, the employee will:

a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee’s conviction under a criminal drug statute for
a violation occurring in the workplace no later than five days after such conviction.

(5) Notify the CO in writing within 10 days after receiving notice under section K.1.2(4)(b) of this
clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall
include the position title of the employee.

(6) Within 30 days after receiving notice under section K.1.2(4)(b) of this clause of a conviction, take
one of the following actions with respect to any employee who is convicted of a drug abuse
violation occurring in the workplace:

a. Take appropriate personnel action against such employee, up to and including termination; or
b. Require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through the implementation of section
K.1.2(1) through K.1.2(6) of this clause.

K.1.3 The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase
order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance while performing this contract.

K.1.4 In addition to other remedies available to the District, the Contractor’s failure to comply with the
requirements of sections K.1.2 or K.1.3 of this clause may render the Contractor subject to suspension of
contract payments, termination of the contract for default, and suspension or debarment.

GAGA-2022-R-0385 FoodServicesManagementCompany

‘TTACHMENT F: CERTIFICATE OF INDEPENDENT PRICE
DETERMINATION

1 Bysubmissionofthisbid,thebiddercertifiesandinthecaseofa jointbid,eachpartytheretocertifiesastoitsownorganizations,thatinconnectionwiththisprocurement.2, Thepricesinthisbidhavebeenarrivedatindependently,withoutconsultation,communicationoragreement,forthepurposeofrestrictingcompetition,astoanymatterrelatingtosuchpriceswithanyotherbidderorwithanycompetitor.3. Unlessotherwiserequiredbylaw,thepricesthathavebeenquotedinthisbidhavenotbeenknowinglydisclosed

bythebidderandwillnotknowinglybedisclosedbythebidderpriortoclosureofthebidperiod,directlyorindirectlyorindirectlytoanyotherbidderortoanycompetitor.4. Noattempthasbeenmadeorwillbemadebythebiddertoinduceanypersonorfirmtosubmitornottosubmitabidforthepurposeofrestrictingcompetition.5. Eachpersonsigningthisbidcertifiesthat:6. Heisthepersoninthebidder'sorganizationresponsiblewithinthatorganizationforthedecisionastothepricesbeingofferedhereinandthathehasnotparticipated,willnotparticipate,inanyactioncontraryto(a)(1)enough(@)G)above;or7. Heisnotthepersoninthebidder'sorganizationresponsiblewithinthatorganizationforthedecisionastothepricesbeingofferedherein,butthathehasbeenauthorized,inwriting,o actasagentforthepersonsresponsibleforsuchdecisionincertifyingthatsuchpersonshavenotparticipatedandwillnotparticipate,inanyactiContraryto(a)(1)through(a)(3)above,andastheiragentdoesherebysocertify:andhehasnotparticipated,andillnotparticipate,inanyactioncontraryto(a)(1)through(a)(3)above.Binet Tt Vi Cuffae
FoodServiceManagement@ompany’sAuthorizedRepresentative

SelenaCutffe,President,SodexoMagic,LLC 12/7/2022
Title Date
Inacceptingthisbid,theSFAcertifiesthattheSFA’sofficers,employees,oragentshavenottakenanyactionthatmayhavejeopardizedtheindependenceofthebidreferredtoabove.

AuthorizedSFARepresentative
(Acceptingabiddoesnotconstituteacceptanceofthecontract.)Note:SFAandBiddershallexecutethisCertificateofIndependentPriceDetermination.
175
GAGA-2022-R-0385 FoodServicesManagementCompany
ATTACHMENT E: DEBARMENT & SUSPENSION
satisfactionthatprospectiveFSMCsarenotthisoption,schooldistrictsshouldensure{heydocumentthatthebiddevofferorwascheckedagainsthesystem;or(b)Collectingacertificationfrmtatparsonallooebythisrule;or(¢)Addingaclauseorconditiontothecoveredtransactionwiththatperson.

1+ Bysigningandsubmitingtisform,theprospectivelowertierparticipantisprovidingthecertificationsetoutonthereversesideinaccordancewiththeseinstructions.
2. Thecertificationinthisclauseisamaterialrepresentationoffatuponwhichreliancewasplacedwhenthistransactionwasenteredinto,itslaterdeterminedthatheprospectivelowertierparticipantknowinglyrenderedanerroneouscertificationinedditeasoSerres availableotheFederalGovernment,thedepartmentoragencywithwhichthistransactionoriginatedmaypursoeavailableremedies,includingsuspensionand/ordebarment.

3. Theprospectivelowertier participantshallprovideimmediatewrittennoticetothepersontowhichthisproposalissubmited,Ifat22te theprospectivelowerierparticipantearsthaiscertificationwaseroncouswhensubmitedorhasBecomeerroncousbyreasonofchangedcircumstances.
‘4+[heterms“coveredtransaction”,debared”,“suspended”,“ineligible”,“lowertiercoveredtransaction”,participant,“person”;Pfimaycoveredtransaction”,“principal”,“proposal”and“voluntarilyexcluded”,a usedinthisclause,havethemeaningssetoutintheDefinitionsandCoverage sectionsofrulesimplementingExecutiveOrder12549,YoumaycontactthepersontowhichthisProposalissubmittedforassistanceinobtainingacopyofthoseregulations.

5.Theprospectivelowertierparticipantagreesbysubmittingthisformthat,shouldbeproposedcoveredtransactionbe enteredinto,itShallnotknowinglyenterintoanylowertercoveredtransactionwithapersonwhoisdebarre,suspended,declaredinligibleorYoluntarilyexcludedfromparticipationinthiscoveredtransaction,unlessauthorizedbythedepartmentoragencywithwhichrietransactionoriginated,
6. Theprospectivelowertierparticipantfurtheragreesbysubmitingthisformthatitwillincludethisclausetitled“CertificationRegardingDebarment,Suspension,Inelgibilty,andVoluntaryExclusion~LowerTierCoveredTransaction”,withoutmodification,inalllowertiercoveredtransactionsandinallsolicitationsforlowertiercoveredtransactions.

7. Aparticipantinacoveredtransactionmayrelyuponacertificationofaprospectiveparticipantinalowertiercoveredtransactionthatitisnotdebarred,suspended,ineligible,orvoluntarilyexcludedfromthecoveredtransaction,unlessitknowsthatthecertificationiserroneous.Aparticipantmaydecidethemethodandfrequencybywhichit i ityofitsprincipals,Eachparticipantmay,butisnotrequiredto,checktheNon-procurementList8. Nothingcontainedintheforegoingshallbeconstruedtorequireestablishmentofasystemofrecordsinordertorenderingoodfaiththecertificationrequiredbythisclause.Theknowledgeandinformationofaparticipantisnotrequiredtoexceedthatwhichis‘normallypossessedbyaprudentpersonintheordinarycourseofbusinessdealings.

9. Exceptfortransactionsauthorizedunderparagraph5oftheseinstructions,i participantisacoveredtransactionknowinglyenters{ntoalowertercoveredtransactionwithapersonwhoissuspended,debared,ineligible,orvoluntarilyexcludedfromparticinthistransaction,inadditiontootherremediesavailabletotheFederalGovernment,thedepartmentoragencywithwhichthis‘transactionoriginatedmaypursueavailableremedies,includingsuspension,andordebarment.

FormAD-1048
(6/04)
173
GAGA-2022-R-0385 FoodServicesManagementCompany
OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (OSSE)
CertificationRegarding Debarment, Suspension,Incligibilityand VoluntaryExclusion— Lower TierCovered Transactions

seusceticationirequiredbytheregulationsimplementingExecutiveOrde12549,DebarmentandSuspension,7CFRPart3017,‘Section3017.510,Participants’Responsi i(Pages4722-4733).Copiesoftheregultitransactionoriginated,

[BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE ]
1.Theprospectivelowertierparticipantcertifies,bysubmissionofthisproposal,thatneitheritnoritsPrincipalsispresentlydebarred,suspended,proposedfordebarment,declaredineligible,orvoluntarilyexcludedfromparticipationinthistransactionbyanyFederaldepartmentoragency.
2.WheretheprospectivelowertierparticipantisunabletocertifytoanyofthestatementsinthisCertification,suchprospectiveparticipantshallattachanexplanationtothisproposal,

OrganizationName: _PR/Award ProjectNumber Name:
| SodexoMagic, LLC GAGA-2022-R-0385
_NameofAuthorizedRepresentative: tle:
|SelenaCuffe President,SodexoMagic,LLC
Dates eo. Cuffs 12/7/2022

174
GAGA-2022-R-0385 FoodServicesManagementCompany
ATTACHMENT G: PERMANENT CERTIFICATION REGARDING LOBBYING
ApplicabletoGrants,Sub-grants,CooperativeAgreements,andContractsExceeding$100,000inFederalFundsSubmissionofthiscertificatprerequisiteformakingorenteringthistransactionandisimposedbySection1352,31,U.S.Code.Thiscertificationisamaterialrepresentationoffactuponwhich reliancewasplacedwhenthistransaction‘wasmadeorenteredinto.Anypersonwhofailstofiletherequitedcertificationshallbesubjecttoacivilpenaltyofnotlessthan$10,000andnotmorethan$100,000foreachsuchfailure.

‘Theundersignedcertifies,tothebestofhisorherknowledgeandbelief,th:‘®NoFederalappropriatedfundshavebeenpaidorwillbepaidbyoronbehalfoftheundersigned,toanypersonforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyagency,aMemberofCongress,anofficeroremployeeofCongress,oranemployeeofaMemberofCongressinconnectionwiththeawardingofaFederalcontract,themakingofaFederalgrant,themakingofaFederalloan,theenteringintoacooperativeagreement,andtheextension,continuation,renewal,amendment,ormodificationofaFederalcontract,grant,loan,orcooperativeagreement.
IfanyfundsotherthanFederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonforinfluencingorattemptingtoinfluenceanofficerofemployeeofanyagency,aMemberofCongress,anofficeroremployeeofCongress,oranemployeeofamemberofCongressinconnectionwiththisFederalgrantorcooperativeagreement,theundersignedshallcompleteandsubmitStandardForm-LLL,“DisclosureFormtoReportLobbying”,inaccordancewithitsinstructions,

'@ Theundersignedshallrequirethatthelanguageofthiscertificationbeincludedintheawarddocumentsforallcovered‘sub-awardsexceeding$100,000inFederalfundsatallappropriatetiersandthatallsub-recipientsshallcertifyanddiscloseaccordingly.
Signature: Vikas VV. Cuffs
FoodServiceManagementCompany'sAuthorizedRepresentative
SelenaCutfe,President,SodexoMagic,LLC ‘tarri2022
Title Date
176
GAGA-2022-R-0385 FoodServicesManagementCompany

DISCLOSUREOF LOBBYINGACTIVITIES ]CompleteThisFormtoDiscloseLobbyingActivitiesPursuantTo31U.S.C.1352

“TypeofFederalActions: StatusofFederalActions: ReportTypeContract initialFilingGrant initialAward MaterialChangei CooperativeAgreement OoPost-Award CiPost-Award
Loan ForMaterialChangeOnly:CiLoanGuarantee Year: Quarter:
LoanInsurance DateofLastReports
pareRielareata ERIE SodexoOperations,LLC,onbehalfofitselfandallitssubsidiariesPrimeX Sub-awardeeTer, itknows:CongressionalDistrict,ifknown: ae
‘5:IfReportingEntityinNumber4isSub-awardee,EnterNameandAddressofPrime:
CongressionalDistrict,ifknown:N/A
6.FederalDepariment/Agency:US.Congress,DepartmentofDefense,WhiteHouseEPA,USDA,Departmentoftabor7,FederalProgramName/Description: EDA Number,iFapplicable:

8.FederalActionNumber,ifknown:Unknown
9.AwardAmount,ifknown:$ Unknown
AttachContinuationSheet(s)SF-LLL-A,IfNecessary
11.AmountofPayment(checkallthatapply)8
Actual0 Planned

12.FormofPayment(checkallthatapply)Da.Cash
Ob.in-kind,Specify:CNature DValue
13.TypeofPayment(checkallthatapply):Da.retainer
Cb.onectimefeeDe.commissionDd.contingentfeeGe.deferredBf.other;specify:_InHouseGovernmentAffairsDepartment
14.Briefdescriptionofservicesperformedortobeperformedanddate(s)ofservice,includingoffi5),employee(s),ormember(s)contactedforpaymentindicatedinitem:i ee fying cies
‘activitiesfocusongenerallessbeingaddressedBYAttachcontinuationsheet(8)SF-LLL,ifnecessary thefederalgovernment|15.ContinuationSheet(s)SF-LLL-A attached _OYes No

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GAGA-2022-R-0385 FoodServicesManagementCompany16,Informationrequestedthroughthis formis authorizedbyTitle 31 U.S.C. Signan CuSection1392,Thisdocksoflbiyingacessamaapressionof LAA VJ,factuponwhichreliancewas placedbythetierabovewhenthistransactionwas| PrintName:TaneeiglaeIRGC eeeTeepraestieiiaspedteganSaraycIcallepc eee Aeeee Ea eaeteesieee neinohanS100000feahaan

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INSTRUCTIONSFORCOMPLETIONOFSF-LLL.DISCLOSUREOFLOBBYINGACTIVITIES.
‘Thisdisclosureformshallbecompletedbythereportingentity,whethersub-awardeeorprimeFederalrecipient,attheinitiationotreceiptofacoveredFederalaction,oramaterialchangetoapreviousfiling,pursuanttoTitle31U.S.C.Section1352.Thefilingofaformisrequiredforeachpaymentoragreementtomakepaymenttoanylobbyingentityforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyagency,aMemberofCongress,anofficeroremployeeofCongress,oranemployeeof‘@MemberofCongressinconnectionwithacoveredFederalaction.UsetheSF-LLL-AContinuationSheetforadditionalinformationifthespaceontheformisinadequate.Completealltemsthatapplyforboththeintialfilingandmaterialchangereport.RefertotheimplementingguidancepublishedbytheOfficeofManagementandBudgetfor additionalinformation.1, IdentifythetypeofcoveredFederalactionforwhichlobbyingactivityisand/orhasbeensecuredtoinfluencetheoutcomeof‘coveredFederalaction,IdentifythestatusofthecoveredFederalaction.Identifytheappropriateclassificationofthisreport.Ifthisisafollow-upreportcausedbyamaterialchangetotheinformationpreviouslyreported,entertheyearandquarterinwhichthechangeoccurred.EnterthedateofthelastpreviouslysubmittedreportbythisreportingentityforthiscoveredFederalaction.4 Enterthefullname,addresscity,state,andzipcodeofthereportingentity.IncludeCongressionalDistrict,iknown.Checktheappropriateclassificationofthereportingentitythatdesignatesifitis,orexpectstobe,aprimeorsub-awardrecipient.Identifythetierofthesub-awardee,e.g,thefirstsub-awardeeoftheprimeistheIsttie.Sub-awardsincludebutarenotlimitedtosub-contract,sub-grants,andcontractawardsundergrants.

x IftheorganizationfilingthereportinItems4checks“Sub-awardes”,thenenterthefullname,address,city,state,andzip‘codeoftheprimeFederalrecipient.IncludeCongressionalDistrict,ifknown.6. EnterthenameoftheFederalagencymakingtheawardorloancommitment.Includeatleastoneorganizationallevelbelow‘agencyname,ifknown.Forexample,DepartmentofTransportation,UnitedStatesCoastGuard.7. EntertheFederalprogramnameordescriptionforthecoveredFederalaction(Item1).Ifknown,enterthefullCatalogofFederalDomesticAssistance(CFDA)numberforgrants,cooperativeagreements,loans,andloancommitments.8 EnterthemostappropriateFederalidentifyingnumberavailablefortheFederalactionidentifiedinItem1(e..,RequestforProposal(RFP)number;RequestforProposal(RFP)number;grantannouncementnumber;thecontract,grant,orloanaward‘number;theapplicationproposalcontrolnumberassignedbytheFederalagency).InIncludeprefixes,e.g,“RFP-DE-90-01".ForacoveredFederalactionwheretherehasbeenanawardorloancommitmentbytheFederalageney,entertheFederal‘amountoftheaward/loancommitmentfortheprimeentityidentifiedinItems4or5.10. a. Enterthefullname,address,city,state,andzipcodeofthelobbyingentityengagedbythereportingentityidentifiedinItem4toinfluencethecoveredFederalaction.'b.Enterthefullnamesoftheindividual(s)performingservices,andincludefulladdressifdifferentfrom10(a).EnterLast‘Name,FirstName,andMiddleInitial(MI).11, Entertheamountofcompensationpaidorreasonablyexpectedtobepaidbythereportingentity(Item4)tothelobbyingentityItem10).Indicatewhetherthepaymenthasbeenmade(actual)orwillbemade(planned),Checkallboxesthatapply.{thisisamaterialchangereport,enterthecumulativeamountofpaymentmadeorplannedtobemade.12, Checktheappropriatebox(es).Checkallboxesthatapply.Ifpaymentismadethroughanin-kindcontribution,specifythenatureandvalueofthein-kindpayment,1B. ‘Checktheappropriatebox(es).Checkallboxesthatapply.Ifother,specifynature.14, Provideaspecificanddetaileddescriptionoftheservicesthatthelobbyisthasperformed,orwillbeexpectedtoperform,andthedate(s)ofanyservicesrendered.Includeallpreparatoryandrelatedactivity,notjuttimespentinactualcontactwith

178

GAGA-2022-R-0385 FoodServicesManagementCompany
15, ‘Checkwhetherornota SF-LLL-AContinuationSheets)isattached.16, ‘Thecertifyingofficialshallsignanddatetheform,printhisorhername,ttle,andtelephonenumber.
Publicreportingburdenforthiscollectionofinformationisestimatedtoaverage30minutesperresponse,includingtimeTorreviewing]instructions,searchingexistingdatasources,gatheringandmaintainingthedataneeded,andcompletingandreviewingthecollectionofinformation.Sendcommentsregardingtheburdenestimateoranyotheraspectofthiscollectionofinformation,includingsuggestionsfor|reducingthisburden,totheOfficeofManagementandBudget,PaperworkReductionProject(0348-0046),Washington,DC.20303
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Proposed Contract with SodexoMagic, LC to Contract No. GAGA-2022-C-0385-C

Plain English Breakdown

Proposed Food Services Contract for DC Schools

What This Bill Does

Who It Names or Affects

Terms To Know

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text