006-23 Fresh Produce.pdf

IFB PUR-006-23 1

Board of Education of Prince George’s County Louis Wilson, Sr. 13300 Old Marlboro Pike, Room 20 Upper Marlboro, MD 20772

IFB PUR-006-23 FRESH PRODUCE

ISSUED BY: Purchasing & Supply Services

Attention: Donna Parks, Buyer

IFB NUMBER: IFB PUR-006-23

RELEASE DATE: December 15, 2022

PRE-BID MEETING: N/A

BID DUE DATE: January 18, 2023 @ 2:00 pm

DIRECT INQUIRIES TO: Gabrielle Johnson and Diane Forde

Phone: 301.952.6560 Fax: 301.952.6726 E-mail: Donna.Parks@pgcps.org Gabby.Johnson@pgcps.org

BID DOCUMENTS

The bid documents may be obtained by:

1. Downloading the document from the Prince Gorge’s County Public School Board’s website at:

www.pgcps.org or clicking on the following link: https://offices.pgcps.org/purchasing/bids.aspx

2. Access solicitations on eMaryland Marketplace @ https://ebidmarketplace.com/

3. Contact the Purchasing Department at 301-952-6560.

4. Visiting the Purchasing Department between the hours of 9:00 AM and 4:00 PM, Monday through

Friday, excluding holidays. The Purchasing Department is located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

Bidders are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render a Bidder’s bid unacceptable and subject to rejection.

Questions and inquires maybe addressed as outlined in Part II, Item 4 of this solicitation. All questions must be in writing and directed to the Buyer specified above. Failure to adhere to this requirement may subject the bidder to immediate disqualification.

mailto:Donna.Parks@pgcps.org mailto:Gabby.Johnson@pgcps.org http://www.pgcps.org/ https://offices.pgcps.org/purchasing/bids.aspx

IFB PUR-006-23 2

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK……

4.0 NON-EXCLUSIVE……………………………………………………………………………………… ..3

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-BID MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CONTRACT MONITOR/BOARD SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 INVITATION FOR BID (IFB) REVISIONS

10.0 SUBMISSION DEADLINE ................................................................ Error! Bookmark not defined.

11.0 BID OPENING

12.0 DURATION OF BID

13.0 MINORITY BUSINESS ENTERPRISE PROGRAM

14.0 E- COMMERCE

16.0 INSURANCE

16.0 LIQUIDATED DAMAGES

17.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

18.0 BONDING

19.0 TERMS AND CONDITIONS

20.0 BASIS OF AWARD

20.1 OPTION TO RENEW CONTRACT PERIOD …………………………………………………………. 10

21.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

22.0 PERSONALLY IDENTIFIABLE INFORMATION (PII) ……………………………………………… .11

PART III: BID SUBMISSION REQUIREMENTS

PART IV: SCOPE OF WORK

PART V: BID FORM

PART VI: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

APPENDIX B - NON-COLLUSION CERTIFICATE

APPENDIX C - DEBARMENT AFFIDAVIT

APPENDIX D - ANTI-BRIBERY AFFIDAVIT

APPENDIX E - CERTIFICATE OF INSURANCE COVERAGE

APPENDIX F – PRICING CONFIRMATION

APPENDIX G - ADDENDA ACKNOWLEDGEMENT

APPENDIX H – MBE DOCUMENTS

APPENDIX I -- REFERENCES

APPENDIX J – LETTER OF INTENT TO APPLY

IFB PUR-006-23 3

PART I: SCOPE OF WORK

1.0 INTRODUCTION

This Invitation for Bid (IFB) is soliciting bids for FRESH PRODUCE. The specifications are contained in the Invitation for Bid. Responses submitted must meet or exceed all requirements. Bids that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

2.0 BACKGROUND

The Board Of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430. It is the second largest public school system in the State of Maryland. The Board operates 240 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

The Board currently has approximately 132,000 students, 19,600 employees and an annual operating budget of $2.2 billion.

3.0 SCOPE OF WORK

The BOARD requests bids for FRESH PRODUCE. The specifications are contained in the Invitation for Bid, Part IV Scope of Work. Responses submitted must meet or exceed all requirements. Bids that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

4.0 NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/items listed in the price schedule submitted.

CONTRACTORS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any contractor or vendor which has submitted a bid or proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

IFB PUR-006-23 4

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of the Board and/or third-party participant.

Bid submissions are subject to the Maryland Public Information Act (Education Article, Maryland Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your bid as confidential or proprietary, it must be conspicuously indicated on those portions so deemed.

However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

2.0 TERM OF AGREEMENT

The anticipated terms of this contract shall be one (1) year from date of award.

The bidder warrants that prices for the bid under this IFB are not higher than prices currently extended to any other governmental agency for the same product or service.

Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY reserves the right to renew the contract. The term of renewal shall not exceed four (1) additional one (1) year periods.

3.0 PRE-BID MEETING (N/A)

A pre-bid meeting is NOT scheduled.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Supplier orally. Questions shall be submitted in writing in WORD format via email to Ann.Harrison@pgcps.org and Diane.Forde@pgcps.org. To be given consideration, the questions must be received NO LATER THAN January 6, 2023, 2:00 p.m., EST. Questions that are deemed to be substantive in nature will be responded to in the form of an addendum and posted on PGCPS website www.pgcps.org/Purchasing and www.emarylandmarketplace.com. Please do not submit question in PDF format.

Questions Due January 6, 2023

Addendum Posted January 11, 2023

5.0 POINT OF CONTACT TECHNICAL CONTACT

Gabrielle Johnson, Buyer Patrice Puertollano Purchasing Office Food and Nutrition Services E-mail: Donna Parks@pgcps.org No Contact Allowed Gabby.Johnson@pgcps.org mailto:Ann.Harrison@pgcps.org mailto:Diane.Forde@pgcps.org http://www.emarylandmarketplace.com/

IFB PUR-006-23 5

6.0 CONTRACT MONITOR/BOARD SUPERVISION

The Contractor’s performance will be under the direction of the Buyer/Requesting Department who will be responsible for ensuring contractor’s compliance with the requirements of this contract to include managing the daily activities of the contract, providing guidance to the contract, and coordination. The Contractor shall be accountable to the end users on all matters relating to the scope of work.

7.0 CONTRACT TYPE

The contract resulting from this solicitation will be a fixed-price contract for the initial term of the contract.

8.0 PAYMENT TERMS (See Part IV for appropriate invoicing procedures)

The Contractor shall submit an invoice detailing the product or services provided and the actual costs incurred. Payment shall be in accordance with line item price on the purchase order and made within Net 30 days upon receipt of invoice.

The Board reserves the right to reduce or withhold contract payment in the event the Contractor does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Contractor otherwise materially breaches the terms and conditions of the contract.

9.0 INVITATION FOR BID (IFB) REVISIONS

Should it become necessary to revise any part of this IFB, addenda will be posted on PGCPS www.pgcps.org/purchasing and www.emarylandmarketplace.com. All addenda, amendments or changes issued shall be deemed received by bidder provided they are posted to eMaryland Marketplace or the Board website. Failure of any bidder to receive or acknowledge receipt of such addenda or interpretation shall not relieve any bidder from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the award.

10.0 BID OPENING

NOTE: DUE TO COVID-19 PANDEMIC RESTORATIONS, BID OPENINGS WILL NOT BE

OPEN TO THE PUBLIC. SEE ABOVE SECTION 10.0 SUBMISSION DEADLINE FOR

INSTRUCTIONS ON ELECTRONIC SUBMISSIONS.

The Board shall receive sealed bids until the bid due date indicated on the bid front cover sheet and Section II.10. At the time of the bid opening (as directed on the front cover sheet and in Section II.10), the Buyer or designee shall open all bids received, and record all responses.

Due to the bid openings not being opened, publicly a copy of the bid tabulations will be made available to all interested vendors, upon written request submitted to: Ann.Harrison@pgcps.org and Diane.Forde@pgcps.org.

Please refer to PGCPS website and eMaryland MarketPlace Advantage for updates and details on bid opening.

http://www.pgcps.org/purchasing mailto:Ann.Harrison@pgcps.org mailto:Diane.Forde@pgcps.org

IFB PUR-006-23 6

11.0 DURATION OF BID

A bid submitted in response to this solicitation is binding upon the bidder and is considered irrevocable for a minimum of 120 days following the closing date for receipt of initial bids.

12.0 MINORITY BUSINESS ENTERPRISE PROGRAM

Prince George’s County Public Schools has a Minority Business Enterprise (MBE) Program in effect. Information about this program and forms for compliance can be downloaded online at:

http://www.pgcps.org/generalcounsel/, click on “Administrative Procedures,” then click on Business and Non-Instructional Operations -3000 for Administrative Procedure 3325 and attachments. All vendors submitting a proposal must complete the appropriate forms and submit the forms with their proposal. For this project, the BOARD will recognize minority certification from the State of Maryland Department of Transportation (MDOT); Prince George’s County Government and Washington Metropolitan Area Transit Authority (WMATA). For additional information contact the Minority Business Office at 301-952-6563.

A. The Board of Education of Prince George’s County Administrative Procedure No. 3325 is applicable and will be part of the Bid Requirements. Forms to be used by all bidders for the applicable procedure will be attached to each response. The “Minority Business Enterprise Utilization Affidavit,” MUST BE SUBMITTED AT THE TIME OF BID OPENING. Failure to adhere to the guidelines outlined in this procedure, may result in your firm being ruled non-responsive and may jeopardize any future awards.

B. The contractor or supplier who provides materials, supplies, equipment, service and construction for this project shall attempt to achieve the minimum overall MBE goal of 15% of the total dollar value of the contract for this project from certified minority business enterprises (MBE), either directly or indirectly. The respondent agrees that this amount of the contract will be performed by certified minority business enterprises.

C. Only those businesses registered in the Purchasing. I Supplier database and listed in the Minority Business Enterprise Office directory for the Board of Education of Prince George’s County as a certified minority vendor at the time of any respective proposal opening, shall be recognized as a “Certified Minority Business.” If not listed, evidence of acceptable certification from the Maryland Department of Transportation (MDOT), Prince George’s County Government (SDDD) and/or Washington Metropolitan Area Transit Authority (WMATA) must be provided to the Board’s Purchasing Office prior to any respective proposal opening.

D. The Board of Education of Prince George’s County strongly encourages its Contractors to maximize the use of qualified locally based minority and women owned business within the geographical boundaries of Prince George’s County. The respondent or proposer should be able to verify, through documentation that good faith efforts were engaged to maximize the use of qualified local minority and women owned businesses in Prince George’s County. Documentation of good faith efforts may be required to be submitted in the sealed proposal or proposal packet on the date and at the time due for the respective proposal or proposal submittal. Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required the law to report the violation.

http://www.pgcps.org/generalcounsel/

IFB PUR-006-23 7

LOCAL MBE INITIATIVE: In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS: State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

13.0 E- COMMERCE

eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2f homepage is the primary site for the Board to transmit solicitations over $25,000. This website also serves to publish any addenda, associated materials, bidder questions and The Board’ responses and other solicitation related information.

Notices of solicitations are also posted on our website https://www.pgcps.org/purchasing/bids.aspx in accordance with State Finance and Procurement Article 13-103 Competitive Sealed Bids, Article 13-104 Competitive Sealed Proposals, and Article 13-107 Sole Source Procurements.

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce website eMaryland Marketplace Advantage (eMMA).

Bidders wishing to do business with the BOARD are asked to register with the Purchasing Department. The successful bidder must be an active vendor in Oracle to receive Purchase Orders and Payment. Instructions on how to register are detailed on the Purchasing website @ http://www.pgcps.org/isupplier/.

Prince George’s County Public Schools does not discriminate in educational programs, activities or employment on the basis of race, color, national origin, sex, age, religion or disability. Bidders will be required to comply with all applicable requirements pertaining to fair labor, state and local government.

14.0 INSURANCE

Failure to provide the required insurance coverage by either of the two (2) methods described in Appendix E when the bid is submitted may result in rejection of your bid as being non-responsive.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://www.pgcps.org/purchasing/bids.aspx http://www.pgcps.org/isupplier/

IFB PUR-006-23 8

15.0 LIQUIDATED DAMAGES (See Part IV Scope of Work for additional information)

The successful respondent accepts this contract with the understanding that should they fail to complete the work/delivery in an acceptable manner and in the time stated, they shall be subject to the payment of liquidated damages as stated in the bid document.

16.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

Employees Having Direct Contact with Students:

A. Any and all current and future employees of Consultant who have direct contact with students must have a fingerprinting criminal background check conducted by the Maryland Criminal Justice Information System (CJIS) and the FBI, a Child Protective Services clearance conducted by the Prince George’s County Department of Social Services, and complete the SafeSchools training module – Prince George’s County Child Abuse: Mandatory Reporting and any other required training as appropriate.

B. All background checks must be completed 15 business days prior to beginning work in and around PGCPS property or engaging in any authorized activities involved PGCPS students. The background checks must be completed by the Fingerprinting Office in the Sasscer Administrative Building or by the PGCPS satellite fingerprinting offices located in Prince George’s County. No person may begin working in PGCPS until 15 days after completing the background clearance process (fingerprint and CPS) and required online training through SafeSchools.

C. Prior to initiating any work at a school building, current and future employees of

Consultant must sign in and sign out via the Raptor Visitor Management System, which requires a copy of their government issued identification.

D. Pursuant to Md. Education Code Ann. §6-113.2 (Code), a contractor of a Board of

Education who provides a services to a school or the students of a school shall meet the requirements set forth for screening its employees assigned to work at a school site to determine whether such employees have a history of child sexual abuse and/or sexual misconduct. Consultant shall be solely responsible for completing the screening set forth in the Code, shall maintain records of employee screenings, and shall make such records available to PGCPS upon request.

17.1 RESTRICTIONS ON EMPLOYEE ASSIGNMENTS

Vendors are prohibited from assigning the following persons from working at a PGCPS location:

A. Registered sex offenders (Maryland Code, Criminal Procedure Article Section 11-722)

B. Individuals convicted of a crime involving third or fourth degree sexual offence under sections 3-307 or 3-308 of the Criminal Law Article; child sexual abuse under Section 3- 602 of the Criminal Law Article; a crime of violence as defined in Section 14-101 of the Criminal Law Article; or comparable offenses in another state. (Annotated Code of Maryland, Education Article Section 6-113)

C. Individuals identified as an alleged abuse or neglector following completion of a Child

Protective Services investigation with a finding of “indicated” child abuse or neglect.

IFB PUR-006-23 9

18.0 VENDOR RESPONSIBILITIES

A. The Vendor agrees to provide the designated PGCPS representative with a list of all current employees and an immediate update of changes in personnel, employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff and any instructors. All correspondence should include the following information as applicable:

1. title of the project

2. school/office

3. solicitation number

4. contract number; and

5. PGCPS representative/project manager

19.0 BONDING (N/A)

Bidders may be required to submit a bid bond in the amount of five percent (5%) as determined by the BOARD and specified in the IFB, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K. (COMAR21.06.07.10)

The Bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

PERFORMANCE AND LABOR BOND

The successful respondent may be required to submit a performance and/or labor bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the IFB, of all phases of the contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that exceeds 100K.

(COMAR 21.06.07.10) The Board reserves the right to request performance and labor bond.

The Bond, Cashier’s or Certified Check must be made in favor of the BOARD OF

EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-

9983.

Checks in the amounts stated above will be accepted in lieu of the performance bond and payment bond only upon prior approval of the Purchasing Director. If checks are approved for acceptance in lieu of either bond, they should be in the same amount as these bonds, they should be separate checks, and they should clearly designate the purpose (i.e.; performance or labor). Checks, if submitted, will be deposited in the Board non-interest bearing bank account(s). Upon successful completion of the contract, check(s) will be drawn upon the Board's bank account(s) for the full amounts of both checks. This requirement may be modified in General Conditions attached to a bid. Bonds must be approved by surety companies that are in the most current Circular 570, Surety Companies Acceptable on Federal Bonds as issued by the U.S. Treasury, Bureau of Government Finance Operations, Division of Banking and Cash Management, Washington, D.C. 20011. If a bonding company is used that is not on the most current Circular 570, the vendor will be contacted to obtain a bond from an approved surety company, and resubmit it to the Purchasing Director within ten (10) working days after the approval of the bid by the Board. Upon receipt and approval of the performance bond and/or payment bond or the checks, an official purchase order will be issued and a contract initiated where appropriate.

IFB PUR-006-23 10

20.0 TERMS AND CONDITIONS

Any contract entered in connection with this solicitation shall be subject to these General Terms and Conditions except as otherwise modified herein.

It shall be the Contractor’s sole responsibility to insure they are compliant with all applicable federal, state, and county laws, rules, ordinances, statutes, etc., that may impact this contract. The Board shall bear no responsibility for monitoring the Contractor’s compliance with said legal requirements. If the Contractor fails to maintain legal compliance, The Board may find said Contractor in default.

In the event of conflict between the General Terms and Conditions and any part or portion of the Special Conditions (Appendix A), these General Conditions shall take precedence.

In the event of conflict between this solicitation any of the General Terms and Conditions proposed by any bidder, or incorporated in any acknowledgement of contract awarded to the successful bidder, then, and in such event, the terms and conditions stated herein shall take precedence unless modified in writing by the Director of Purchasing & Supply Services, Prince George’s County Public Schools.

21.0 BASIS OF AWARD

Contract(s) shall be awarded to the qualified, lowest responsible and responsive bidder(s) offering the lowest bid price per item, group, or aggregate.

Pricing shall remain firm for one (1) year, the initial term of the agreement.

22.0 OPTION TO RENEW CONTRACT PERIOD

A. Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY reserves the right to renew the contract. The term of renewal shall not exceed four (4) additional one (1) year periods.

B. The Board expects all vendors to provide year over year cost reductions recommendations.

C. Price decreases are acceptable at any time, need not be verifiable, and are required should the contractor/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

D. Price adjustments from the contractor/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer. The request must be submitted in writing at least ninety (90) days prior to the renewal term and shall be accompanied by supporting documentation.

E. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to Prince George’s County Public Schools.

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23.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Bidder shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the bidder is in Good Standing with the Department of Assessment and Taxation of Maryland and/or registered to do business in the State of Maryland.

Certificates of Status may be obtained on-line at http://www.dat.state.md.us.

This requirement applies to both Domestic and Foreign (out of state) Bidders. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation.

24.0 PERSONALLY IDENTIFIABLE INFORMATION (PII)

Personally Identifiable Information includes any information that can be associated with or traced to any individual, including an individual’s name, address, telephone number, e-mail address, credit card information, social security number, or other similar specific factual information, regardless of the media on which such information is stored (e.g., on paper or electronically) and includes such information that is generated, collected, stored or obtained as part of this Agreement, including transactional and other data pertaining to users. The parties will comply with all applicable privacy and other laws and regulations relating to protection, collection, use, and distribution of Personally Identifiable Information. In no event may PII be sold or transferred to third parties, or otherwise provide third parties with access thereto. If there is a suspected or actual breach of security involving Personally Identifiable Information, the parties will notify each other within twenty-four (24) hours of a management-level employee becoming aware of such occurrence.

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PART III: BID SUBMISSION REQUIREMENTS

1.0 GENERAL FORMAT

Submission of the bid response is via electronic portal, eMaryland MarketPlace Advantage as well as one (1) original hardcopy and one (1) copy submittal is required. Only bids that are submitted via eMMA will be utilized during the evaluation process. Bids that are not submitted via this portal will be ruled non-responsive.

It is the Respondent’s responsibility to submit their bids on time via the electronic portal. It is also the Respondent’s responsibility to ensure the proposal has been uploaded properly on eMMA. Therefore, it is recommended that Bidders become familiar with this portal as well as the submission process prior to the due date and time of this solicitation. Any questions regarding how to submit bids via the electronic portal shall be directed to eMMA.

PGCPS reserves the right to request proof of submission of the bid response submitted via the electronic portal.

1. Vendors shall also mail bids and provide (1) original hardcopy and one (1) copy submittal, shall allow sufficient carrier delivery time to ensure timely receipt of their proposal in the Office of Purchasing & Supply Services prior to the deadline. Any proposal received in the Purchasing Office after the submission deadline, will be returned unopened. Delivery to the Board’s mailroom, lobby, etc. shall constitute delivery to the Purchasing Office located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

Bid submission shall be labeled on the outside of each submitted package with the following:

Bidder’s name and business address;

Bid Due Date/Time for receipt of Bids, and

Invitation for Bid (IFB) number and Title

2. eMaryland Marketplace Advantage:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen% 2fbuy%2fhomepage

NOTE: Vendors/Bidders/Proposers will be required to submit hard copies with original signatures when required/requested by the PGCPS Purchasing Department.

Each bid must include a Transmittal Letter and Table of Contents. All pages must be numbered consecutively from beginning to end and separated by tabs as described below:

1. TRANSMITTAL LETTER (TAB A): Bids are to be accompanied by a brief transmittal letter prepared on the bidder’s letterhead, and signed by an individual who is authorized to commit the Bidder to the services and requirements in the IFB. This transmittal letter shall include:

a. The name, title, address, telephone number, and electronic mail address of the person authorized to bind the bidder to the contract, who will receive all official notices concerning this IFB.

IFB PUR-006-23 13

b. The bidder’s Federal Tax Identification Number or Social Security Number.

2. FISCAL INTEGRITY (TAB B): Bidder shall submit a State of Maryland Certificate of Good Standing or other filing verifying the bidder is in Good Standing with the Department of Assessments and Taxation of Maryland. Certificates of Status may be obtained on line at http://www.dat.state.md.us. This requirement applies to both Domestic and Foreign Bidders (out of state). Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation.

3. FORMS (TAB C): (include the following)

a. Certificate of Status (State of Maryland Certificate of Good Standing with the

Department of Assessments and Taxation)

b. Completed Non-Collusion Certificate (Notarized) (Appendix B)

c. Completed Debarment Affidavit (Notarized) (Appendix C)

d. Completed Anti-Bribery Affidavit (Notarized) (Appendix D)

e. Completed Certificate of Insurance (Appendix E)

f. Completed Pricing Confirmation (Appendix F)

g. Completed Addenda Acknowledgement form (Appendix G)

h. Completed MBE Document (Appendix H) including Administrative Procedure 3325

i. References (Appendix I)

4. ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH BID (TAB D):

a. Value Pass-Through System Procedures (USDA Foods) -- See Part IV, Section

2.3 of the IFB for more information

b. HACCP Compliance Procedures and Food Safety Plan – See Part IV, Section 2.6 of the IFB for more information

c. Recall Procedures -- See Part IV, Section 2.7 of the IFB for more information

d. Product Specification Sheets (See Part IV, Section 4.2 for more information)

e. Attachment E -- Bid Forms A and B (Excel Document): Bidders shall enter all information requested in typewritten format on the Excel electronic spreadsheet provided with this solicitation. Bidders shall not modify or delete formula embedded in the Excel spreadsheet. Do not submit in pdf.

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

http://www.dat.state.md.us/

IFB PUR-006-23 14

PART IV SCOPE OF WORK

1.0 General Information

The specifications contained herein are intended to cover the furnishings and delivery of FRESH PRODUCE for Prince George’s County Public Schools (PGCPS), Department of Food and Nutrition Services (FNS) Cafeterias (See Attachment A), F.O.B., destination, freight included. The total quantities indicated herein are estimated quantities. Orders will be placed on an as needed basis. The Board will not be bound to order the items in the quantities stated and the contractor(s) will be required to furnish any and all items in the quantities ordered. The actual quantities and delivery points will be as specified in the PURCHASE ORDER(S) issued against this

2.0 Technical Specifications

2.1 Compliance with Regulations

All products specified herein shall comply with all regulations of the Maryland Health Department, the United States Department of Agriculture (USDA), the Prince George’s County Health Department, and the requirements of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated there under.

2.2 USDA Processed Donated Foods

The school district diverts raw USDA Foods to approved processors for processing into usable end products. USDA Foods are an integral part of the meal planning process and shall be used prior to any open market purchased food products. When sufficient USDA Food items are not available, PGCPS FNS requires commercial equivalent, non-commodity items, of equal or better quality, to be provided by the vendor. In the event of loss or damage to the PGCPS FNS’ commodity products by the Vendor, the Vendor agrees to replace or purchase the lost or damaged products per USDA current guidelines.

2.3 Value Pass-Through System (USDA Foods)

Processors must provide the school district with written instructions on the state approved Value Pass- Through System of any USDA Foods (Direct Discount, Fee for Service, Modified Fee for Service, Net- Off Invoice, or Rebate system).

Successful bidder must have the technical capability to enable the district to participate in all USDA approved value pass through methods and be able to generate reports that verify sales and usage of products. Failure to comply with the commodity reporting requirements may be cause for termination of the contract.

2.4 Food Programs

2.4.1 Local Produce Program

PGCPS FNS intends to offer locally grown produce as often as price, availability and quality are acceptable. The Bid Proposal Form provides for pricing for locally grown produce that is not otherwise specified in the Bid Specifications. Bidders shall state their cost over the price paid per case by the Bidder. Successful bidder shall be required to provide their invoice as proof of their purchase price.

Locally grown produce is defined as produce that is grown within a one hundred – fifty (150) mile radius of Prince George’s County. Items purchased by PGCPS shall be determined by availability and school menus.

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Products shall be labeled designating local source (grower, address of farm). For the purposes of this Bid, “farm” is defined as the location where the produce is grown, not the address of a packinghouse or aggregation point

The Awarded Vendor shall provide quarterly summary reports indicating the local farm, type and amount of produce purchased for that period. The Awarded Vendor may need to provide the case count and poundage of all product provided on a monthly basis. One week prior to delivery, the Awarded Vendor will be required to provide the name and location of farms that items shall be purchased from.

2.4.2 USDA Fresh Fruit and Vegetable Program

The Fresh Fruit and Vegetable Program (FFVP) provides all children in participating schools with a variety of free fresh fruits and vegetables throughout the school day. It is an effective and creative way of introducing fresh fruits and vegetables as healthy snack options.

PGCPS is a part of the USDA Fresh Fruit and Vegetable program. We currently have eighteen

(18) schools in the program. This number of schools could increase or decrease. The FFVP calls for exposing children to new produce. These schools will have a fresh fruit or vegetable snack for every child and every school day.

Special consideration will need to be made for increased delivery schedules for the Fresh Fruit and Vegetable Program. It is anticipated up to four deliveries per week will be required dependent on volume. An increased variety of products will be necessary to introduce children to healthier options. Examples of product purchased for this program, include, but not limited to, pre-washed, pre-cut items, and/or prepacked of carombola (star fruit), blueberries, jicama, bok choy, cherries, avocado, pineapple and grapefruit along with more traditional items.

2.5 Buy American Provision

Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-

336) added a provision, Section 12(n) to the NSLA [42 USC 1760(n)], requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or product. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision [7 CFR Part 210.21(d)] is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs.

There are limited exceptions to the Buy American provision which allow for the purchase of foods not meeting domestic standards in circumstances when use of domestic foods is truly not practicable. These exceptions are as follows:

2.5.1 The product is not produced or manufactured in the United States (U.S.) in sufficient and reasonable quantities or a satisfactory quality; or

2.5.2 Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

Awarded Vendor(s) must provide written communication to PGCPS Food and Nutrition Services indicating the product, country of origin, reason(s) product is unavailable domestically, and time-frame for the use of non-domestic product(s).

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2.6 Food Safety

The Supplier must incorporate the Hazard Analysis Critical Control Point (HACCP) principles in its standard operating procedures and will have a HACCP plan on file that meets with District approval and will be followed. This plan must include recall/hold control procedures including but not limited to:

2.6.1 Traceability systems in place from receipt of commodity product to delivery of processed items to designated delivery site.

2.6.2 Provision of 24 hour/7 days a week accessibility to Supplier staff in the event of a

USDA Hold/Recall.

2.7 Recall Procedures

The successful bidder must provide PGCPS FNS Recall Procedures that include handling general food recalls and handling recalls of USDA Foods, if applicable. Two (2) contact persons must be provided within the procedures, both with 24-hour, 7 day a week (24/7) contact. In addition, the successful bidder may be responsible for picking up product and providing replacement, payment, or credit at PGCPS FNS’ discretion. Replacement, payment, or credit for recalled items shall be made within 30 days of the date of notification to PGCPS FNS. The successful bidder must adhere to all USDA directions for USDA Foods recall. All costs associated with the product recall, which include, but are not limited to transportation and handling costs, shall be borne by the contractor.

3.0 NUTRITION STANDARDS

3.1 Nutrition Policy: PGCPS FNS requires that all food items have only the minimum amount of sodium, fat, sugar, and/or other additives that are absolutely necessary for food preservation and safety, while still providing a product with good flavor, texture, and palatability. The finished product must be a product with good flavor and texture that is palatable to students.

3.2 Trans Fat: State law prohibits any food items containing artificial Trans-fat unless the manufacturer's documentation or the nutrition facts label lists the Trans-fat content as less than

0.5 grams per serving. A food item contains artificial Trans-fat if it contains partially hydrogenated vegetable oil.

3.3 Labeling: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. All ingredients shall be listed by their common or usual name in descending order of predominance by weight. Labels must also include a list of any “Top 8” allergens present in the product. These include milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Packages shall clearly be labeled with product name, open code dating, and weight.

Cases of product must indicate pack code or expiration date. If code is encrypted, the Vendor shall provide PGCPS FNS with the key from the manufacturer to decode information.

3.4 Ingredients: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. PGCPS FNS discourages the use of the following ingredients: monosodium glutamate (MSG), high fructose corn syrup (HFCS), Trans fatty acids/partially hydrogenated oil, Aspartame or Acesulfame-Potassium, red dye #40, and yellow dye # 5. PGCPS FNS reserves the right to award or not award items that contain any of the preceding ingredients. The PGCPS FNS may request information regarding the presence or absence of gluten, or any other ingredient, at any time.

3.5 Nutrition Information: In order to accommodate the computerized menu system used by PGCPS FNS, the successful bidder shall be required to provide a complete nutrient analysis of products, as requested PGCPS FNS. The following information will be required from the manufacturer: weight (gm), calories (kcal), carbohydrate (gm), fiber (gm), sugar (gm), protein (gm), total fat (gm), saturated fat (gm), trans fats (gm), cholesterol (mg), sodium (mg), iron (mg), calcium (mg), Vitamin A (I.U.), and Vitamin C (mg). Vendor must submit with their quotation package all nutrient documentation for items that do not exactly match the requested manufacturer, brand, and product code on the bid, or in cases where a manufacturer, brand, or product code are not specified by the PGCPS FNS. Such documentation shall include Nutrition

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Facts panels, ingredients lists, CN labels (where applicable), Product Formulation Statements (where applicable), and the Nutrient Data Submission Form.

3.6 Whole Grain and Whole Grain Rich: Products qualify as whole grain or whole grain rich, if 51% or more of the product is made with whole grains, or the first ingredient is as whole grain.

3.7 Healthy Hunger Free Kids Act of 2010: Vendors awarded contracts must be familiar with the final rules and regulations set forth for the National School Lunch and Breakfast Programs.

Guidance for these requirements can be found at:

http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

4.0 GENERAL SPECIFICATIONS

4.1 Products

All items should be U.S. Grade No. 1 or better at delivery, without bruises and damage, unless otherwise specified. Any damaged product delivered by the contractor shall be replaced at the contractor’s expense on the next working day, unless otherwise instructed. Any product rejected at the time of delivery must be removed from the school location by the contractor within one (1) day after notification to the Awarded Vendor.

No sulfite agents or preservatives are to be used in preparation of any fresh produce items. Produce must not contain pesticides in excess of established tolerance limits. Certification may be requested on Alar level in Apples.

A manufacturer/grower or grower association may be asked to supply verification on some items of the portion size needed for a fruit/vegetable or bread/bread alternate contribution to the child nutrition program.

The contractor shall provide, to the maximum extent possible, fresh fruit (particularly fresh apples) without stickers.

4.2 Product Specification Sheets

Respondents are required to provide with their electronica and hardcopy bid product specification sheets for each processed, prepackaged item (Group D and E) that will be bid. Descriptive information for each specification sheet must include the following information:

Item Description

Brand Name/Manufacturer

Product Code

Pack Size

Case Dimensions

Nutrition Information

Ingredient List

Shelf-Life

4.3 Group and Item Number

Respondents should indicate the Group and Item Number on each product specification sheet by making it the title of the document in the file. For example, Item A-1 Apple Slices. Failure to submit the proper documentation may be cause for rejection of the bid. Review of product documentation may take up to two (2) weeks.

4.4 Samples

Upon review of the product specifications, PGCPS FNS will request samples from the prospective bidders. A representative from the FNS will determine the quantity of samples required. Prospective bidders will be given a three (3) day lead time for samples. The sample case(s) must be exactly as it http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

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would be provided if awarded the contract. Samples must be sent to a location on a specific date and time requested by a representative of the FNS.

Respondent must identify the Name of Bidder and Bid Item Number on each sample product.

The BOARD OF EDUCATION will not pay for, nor return any samples furnished in response to this bid.

Failure to submit samples in a timely manner may be cause for the Respondent’s bid to be non-responsive.

4.5 Sanitation/Safety

The successful vendor will warrant that all food shall be fresh, clean, wholesome upon delivery, and prepared in properly equipped facilities under modern sanitary conditions in accordance with the best commercial practice. All items shall be free from decay, discoloration, foreign matter, and shall pass through metal detection before packaging. Containers shall be clean, sound, compact, sturdy, and sealed. For verification purposes, a copy of a facility’s recent sanitation certification may be requested.

If the food has already been delivered the successful proposer will be required to pick up the unacceptable food and issue a credit or provide a replacement the next day. All products shall bear visible freshness code dates and shall meet industry standards for remaining shelf life upon delivery to the schools.

4.6 Manufacturer’s Date Code

Vendor shall notify PGCPS FNS if the manufacturer’s code is one of the following: Sell-by or Pull-by date; Use-by date; Expiration date; Best-by date, or Pack date (state how long product is good for from pack date). The vendor must provide PGCPS FNS with an explanation of the manufacturer’s expiration code date. All product delivered shall have a minimum sixty-day shelf life at the time of delivery, with the exception of Fresh Bakery and Fresh Produce. Products that do not meet these criteria need approval from the Director of FNS or designee. Any deliveries that do not meet these criteria may be refused.

4.7 Use of Recycled or Sustainable Products

When possible, recycled materials should be used in the manufacture of the products requested. When the use of recycled materials is not feasible or cost effective, consideration will be given to companies who can demonstrate their products are “sustainable”. Bidders should indicate in their response whether the item has been manufactured with recycled materials or are sustainable.

4.8 Packaging

All containers [and all products within containers] must be packed in adequate material to protect the product(s) against damage during transportation, storage, and holding. Damaged containers, cartons and/or containers not adequately closed/secured will not be received, and returned for credit.

In addition, no polystyrene shall be used for sale or packaging according to Council Bill 5-2015 legislation which prohibits the sale and use of certain polystyrene products, commonly known as Styrofoam, in Prince George’s County.

4.9 Notification of Product Reformulation and Other Changes

Product delivered must be the same product awarded on all orders. If at any time during the contract period an awarded item is reformulated, packaged differently, or changed in some other way, vendor must provide PGCPS FNS updated ingredients list, Nutrition Facts panels, CN labels (if applicable), and Product Formulation Statements (if applicable).

Additionally, the Awarded Vendor must provide FNS formal written notice and request FNS approval before they may proceed with any of the following actions during the contract period:

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Any product substitution;

A product change due to supplier merger;

A plant change is made;

Product is altered in any way;

Product packaging is changed;

Contact for contract administration is changed

4.10 Ordering

The contractor must have an online ordering system. Multiple order guides must be available and have the ability to restrict access by school type.