0245023319s_rev1.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Solicitation (Revised June 27, 2024)

0245023319srev1

BID OPENING

DATE: July 23, 2024

TIME: 1:30 P.M. ET

TITLE: Group 02450 - Fresh Bread (Statewide)

INVITATION FOR BIDS NUMBER: 23319

Classification Codes: 50

CONTRACT PERIOD: Upon OSC approval for a Period of Three Years

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Primary Designated Contacts

Sara Welsh Contract Management Specialist Telephone No. (518) 473-8102 E-mail address: OGS.sm.SST_food@ogs.ny.gov

Julie Carlson Contract Management Specialist 3 Telephone No. (518) 474-8077 E-mail address: OGS.sm.SST_food@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________ mailto:OGS.sm.SST_food@ogs.ny.gov

GROUP 02450 – FRESH BREAD (Statewide) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 90 days from the date of submission to the New York State (“NYS”)

Office of General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.

2. The Bidder can and will provide and make available, at a minimum, the products, deliverables and/or services as described in the Invitation for Bids.

3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including Appendix A (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

GROUP 02450 – FRESH BREAD (Statewide) PAGE 3

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent to Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 Summary of Policy And Prohibitions on Procurement Lobbying

1.10 Definitions

1.11 Appendices and Attachments

1.12 Conflict of Terms

SECTION 2 BIDDER QUALIFICATIONS

2.1 Bidder Qualifications

SECTION 3 PRODUCT AND DELIVERY REQUIREMENTS

3.1 Product Requirements

3.2 Freshness Codes

3.3 Trans Fats

3.4 Kosher and Passover Certification

3.5 Shelf Life

3.6 FDA Nutrition Facts Label

3.7 Dimensions and Weights

3.8 Flour

3.9 Quality Control and Safety

3.10 Product Delivery

3.11 Restricted Delivery

3.12 Smaller Vehicle Use for Delivery

SECTION 4 BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format of Bid Submission

4.4 Content

4.5 Bid Envelopes and Packages

4.6 Bid Delivery

4.7 Important Building Access Procedures

4.8 NYS Required Certifications

4.9 Bid Deviations

4.10 Bid Opening Results

GROUP 02450 – FRESH BREAD (Statewide) PAGE 4

4.11 Bid Liability

4.12 Firm Offer

4.13 NYS Reserved Rights

4.14 Incorporation

SECTION 5 METHOD OF AWARD

5.1 Method of Award

5.2 Notification of Award

5.3 Periodic Recruitment

5.4 Procurement Instructions for Authorized Users

SECTION 6 CONTRACT TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Price

6.4 Price Updates

6.5 Fuel Surcharge

6.6 Best Pricing Offer

6.7 Price Structure

6.8 Ordering

6.9 Minimum Order

6.10 Purchasing Card Orders

6.11 Invoicing and Payment

6.12 Fill Rate

6.13 Out of Stock/Not Available Product

6.14 Product Returns and Exchanges

6.15 Products Left on Dock

6.16 Recalled Products

6.17 Pick-Up/Exchange of Bread Racks

6.18 Unanticipated Excessive Purchase

6.19 Contract Administration

6.20 NYS Financial System (SFS)

6.21 N.Y. State Finance Law § 139-l

6.22 Insurance

6.23 Report of Contract Usage

6.24 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.25 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses 29

6.26 Use of Recycled or Remanufactured Materials

6.27 Environmental Sustainability and NYS Executive Order Number 22

6.28 Establishing State Agency Food Purchasing Goals for New York State Agricultural Products and NYS Executive Order Number 32

GROUP 02450 – FRESH BREAD (Statewide) PAGE 5

6.29 Diesel Emission Reduction Act

6.30 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

6.31 Overlapping Contract Products

6.32 Preferred Source Products

6.33 NYS Vendor Responsibility

6.34 NYS Tax Law Section 5-a

6.35 “OGS or Less” Guidelines

6.36 Non-State Agencies Participation in Centralized Contracts

6.37 Extension of Use

6.38 Resellers

6.39 New Accounts

6.40 Centralized Contract Modifications

6.41 Drug and Alcohol Use Prohibited

6.42 Traffic Infractions

6.43 Contract Documents; Electronic Format

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions Appendix D – Contract Modification Procedure

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Supplier/Manufacturer’s Certificate Attachment 11 – Contractor/Reseller/Distributor Information Sheet Attachment 12 – Intent to Bid Attachment 13 – Proof of Past Sales Attachment 14 – Price List Update Template

GROUP 02450 – FRESH BREAD (Statewide) PAGE 6

SECTION 1 INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Fresh Baked Bread (Fresh Bread) as specified herein for all Authorized Users eligible to purchase through this Solicitation. OGS is a New York State Agency authorized by law to establish Centralized Contracts for use by NYS Agencies and other Authorized Users, as that term is defined by State Finance Law Section 163(1)(k). The purpose of this Solicitation is to award multiple Contracts for Fresh Bread products to responsive and responsible Bidders that are able to meet the terms and conditions of this Solicitation and the requirements detailed in Section 2 – Bidder Qualifications and Requirements, and whose product offerings meet the scope of this Solicitation, as detailed in Section 1.2 – Scope. The Contract(s) awarded as a result of this Solicitation will be for use by New York State Agencies and other Authorized Users (see Section 5.33 – Non-State Agencies Participation in Centralized Contracts) Statewide. Accordingly, references to the State and its Agencies as Authorized Users under this Solicitation and the ensuing Contract(s) shall encompass all such entities within the definition of “Authorized User” set forth in Appendix B – General Specifications.

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in Section 2 - Bidder Qualifications and Requirements and whose pricing is determined to be reasonable by OGS. The prices proposed by Bidders in response to this Solicitation are to be based upon discounts from Manufacturer List Prices.

The Contracts resulting from the Solicitation will be multiple-award, statewide, Centralized Contracts. When making purchases from the Contracts resulting from the Solicitation, Authorized Users shall procure products and services that best meet their form, function, and utility requirements. Authorized Users are encouraged to obtain quotes from all eligible Contractors prior to making a purchase. Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users shall base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid. Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

The State of New York seeks to establish Centralized Backdrop Contracts for the acquisition of fresh baked bread products only, which includes fresh bread and rolls including bread loaves, individual bread slices, hamburger rolls, frankfurter rolls, and dinner rolls, in the following two (2) Lots:

Lot 1: Bread Products per Package Lot 2: Individually Wrapped Bread Products

It is the intent of OGS to award Centralized Backdrop Contracts for fresh baked bread products in the following four

(4) Regions in the State, as set forth below in Table #1-Regions:

Table #1: Regions

REGION COUNTIES

Central Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Saint Lawrence, Sullivan, Tioga, and Tompkins

Downstate Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester

Eastern Albany, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Orange, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, and Washington

Western Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates

GROUP 02450 – FRESH BREAD (Statewide) PAGE 7

Fresh bread products will be award by specific Lot, Regionally, as follows:

Downstate Region:

Lot 1: Bread Products per Package Lot 2: Individually Wrapped Bread Products

NOTE: Individually Wrapped Bread Products - Each bread slice and roll must be individually wrapped within the box (bread slices) and bag (rolls).

Central, Eastern and Western Regions:

Lot 1: Bread Products per Package

Bidders may provide a Bid for any or all Regions/Lots in accordance with Section 2, Bidder Qualifications. Bidders bidding on the Downstate Region may provide a Bid for one or both Lots.

Exclusions: Dessert products including, but not limited to, cookies, donuts, Danish pastries, cinnamon buns, cakes, and pies are excluded from the scope of this Solicitation and resulting Contract award.

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $4,000,000.00 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release May 9, 2024 N/A

Deadline for Submission of Intent to Bid May 24, 2024 5:00 PM ET

Closing Date for Bidder Questions May 24, 2024 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions

June 14, 2024 (tentative)

N/A

Bid Opening / Due date for Bids July 23, 2024 1:30 PM ET

Contract Approval Date / Award Publish Date Upon OSC Approval N/A

GROUP 02450 – FRESH BREAD (Statewide) PAGE 8

1.5 Intent to Bid

A Bidder is requested to indicate its intent to bid by completing Attachment 12 – Intent to Bid and sending via an e-mail titled “INTENT TO BID- [BIDDER NAME]” to OGS.sm.SST_food@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates section. The intent to bid is discretionary.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right-hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question and answer document and updates to Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to OGS.sm.SST_food@ogs.ny.gov by the date and time indicated in the Key Events/Dates section. Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Bid Deviations for additional information.

1.8 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Solicitation shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State Comptroller (“OSC”). Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

1.9 Summary of Policy And Prohibitions on Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at: https://ogs.ny.gov/acpl/

GROUP 02450 – FRESH BREAD (Statewide) PAGE 9

1.10 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions, or as below.

“Authorized User(s)” As defined in Appendix B.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Contract”, “Centralized Contract” or “Backdrop Centralized Contract” as defined in Appendix B.

“Lot” shall mean the description of fresh baked bread products (fresh bread) within a specified category of items.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“New York State Food Product” shall refer to agricultural products and food items, including all articles of food or drink, that are grown, harvested, produced, or processed in New York State. Processed food items that are composed of raw materials from both inside and outside the State may be deemed New York State Food Products when (i) their predominant value or quantity is derived from food grown, harvested, or produced in New York State and (ii) the processing of such food products takes place in facilities that are located in New York State.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth;

Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Preferred Source Products” shall refer to those products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select products from designated organizations when the products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Region” shall refer to the grouping of counties within New York State listed in Section 1.2, Scope.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business

1.11 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016)

GROUP 02450 – FRESH BREAD (Statewide) PAGE 10

Appendix C – Federal Funding Agency Mandatory Terms and Conditions Appendix D – Contract Modification Procedure

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Supplier/Manufacturer’s Certificate Attachment 11 – Contractor/Reseller/Distributor Information Sheet Attachment 12 – Intent to Bid Attachment 13 – Proof of Past Sales Attachment 14 – Price List Update Template

1.12 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1. Appendix A, Standard Clauses for New York State Contracts;

2. Appendix C (Federal Funding Agency Mandatory Terms and Conditions)

3. The Solicitation;

4. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation.

6. The Bidder’s Bid.

SECTION 2 BIDDER QUALIFICATIONS

2.1 Bidder Qualifications

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Any Bid not meeting these requirements may be deemed non-responsive and denied further consideration for award. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work. A Bidder shall meet the following qualifications:

A. Bidder shall be:

1. A manufacturer of the products bid, or

2. An authorized representative (reseller or distributor) of a manufacturer for the products bid.

B. Any Authorized Representative submitting a Bid hereby guarantees that:

1. It is an Authorized Representative of a manufacturer’s entire product line, and

2. The manufacturer has agreed to provide the Bidder with all quantities of products required in fulfillment of its obligations under any resultant contract with the State, and

3. The Authorized Representative will provide, with its Bid, Attachment 10 – Supplier/Manufacturer’s Certificate completed by the manufacturer acknowledging this level of support. If such Manufacturer’s Certificate is not submitted with the Bid, Bidder must provide within three (3) business days of request by OGS, (via e-mail is acceptable).

C. A Bidder must have maintained an organization capable of performing the work described in this Solicitation, in continuous operation, for a minimum of three (3) years immediately prior to the Bid Opening date in Section 1.4

- Key Events/Dates. By the Bid Opening date, such organization must have adequate inventories of the products

GROUP 02450 – FRESH BREAD (Statewide) PAGE 11 offered and must be capable of processing and shipping large numbers of orders to various destinations Statewide.

D. Bidder must have achieved verifiable sales of a minimum of $600,000 cumulative total over the last three (3) full calendar years (2021, 2022, and 2023) to any State or Local government entity, and/or private entity, within the State of New York (GSA contract, State contract, Local Governmental Entity contract, BOCES contract, Governmental Cooperative contract, sales to private businesses, schools, hospitals, etc.) for fresh bread products included in Section 1.2 - Scope, by the Bid Opening date in Section 1.4 - Key Events/Dates.

1. Proof of past sales shall be provided within Attachment 13 – Proof of Past Sales in the required Excel format, and include the purchasing entity’s name, description of product purchased, amount of individual sale, date of purchase, and grand total of all sales combined. Sales made directly by the Manufacturer, authorized resellers and/or distributors, are acceptable. OGS reserves the right to request additional documentation including copies of invoices/purchase orders/contracts, etc.

2. Bidder should submit such proof of past sales with the Bid. If proof is not submitted with the Bid, Bidder must provide within three (3) business days, or other such timeframe as requested by OGS, (via e-mail is acceptable).

E. Bidder shall provide proof of a recent New York State Department of Agriculture and Markets inspection report

(less than 12 months prior to the Bid Opening date) demonstrating satisfactory compliance, or acceptable equivalent, as determined by OGS, for all manufacturers supplying product. Additionally, upon OGS request, Bidder shall provide evidence that all manufacturers supplying products bid have verifiable Hazard Analysis & Critical Control Points (HACCP) programs in place at their manufacturing facilities.

SECTION 3 PRODUCT AND DELIVERY REQUIREMENTS

3.1 Product Requirements

Bread and rolls are to be fresh, not frozen. Products shall be of standard production as normally provided to commercial or retail trade. Loaves, hamburger rolls, frankfurter rolls, etc., shall come pre-sliced. Dinner rolls shall not be sliced. Dinner rolls shall be “soft” and may be either “cluster”/pull apart or individual type. The specific products listed serve as the baseline for fresh bread requirements. All products shall adhere to industry and government standards for levels of mold, bacteria, etc.

3.2 Freshness Codes

Packaging shall contain an easily understood freshness code that contains the last date of use or sale, expressed in terms similar to “fresh thru”, “use by”, “for sale by” or some other logo easily read or understood by the general public.

3.3 Trans Fats

Any food item containing partially hydrogenated vegetable oil, shortening or margarine must contain less than .05 grams of trans fat per serving. Upon request of an Authorized User, and when available from a specification sheet, the actual amount of trans fat per 100 grams of product (0.1 gram increments) shall be provided to the requesting agency.

3.4 Kosher and Passover Certification

Any Product designated as "Kosher" and “PARVE” (prepared without meat, milk, or their derivatives) shall comply and be labeled with a common accepted Kosher symbol as identified by the Chicago Rabbinical Council and listed on their website: http://www.crcweb.org/agency_list.php and shall meet all the requirements of that certification.

All Baked Goods Products designated as “Kosher” and “PARVE” are to be free of pork and pork by-products. Only vegetable oils shall be used in the making of Products designated as “Kosher” and “PARVE”.

Any Product designated as "Passover" shall comply with all requirements for Passover and be labeled with the correct certification.

GROUP 02450 – FRESH BREAD (Statewide) PAGE 12

3.5 Shelf Life

All bread products are to be fresh and have a shelf life upon delivery of no less than 7 days. Bread products with a shelf life of less than 7 days, stale product, distressed product, damaged product, product removed from retail accounts, etc., are NOT acceptable.

3.6 FDA Nutrition Facts Label

Products delivered shall be in packages standard for retail trade and printed with the following information:

• FDA Nutritional Facts Label;

• Product Name;

• Weight of Product (please see below; Section 3.9, Dimensions and Weights);

• Freshness Codes (please see above; Section 3.4, Freshness Codes);

• An acceptable kosher designation, and the “PARVE” designation.

The quantity of an individual product packed in a bag or box shall not exceed the following:

PRODUCT MAXIMUM NUMBER

Sliced Loaf Bread 1 Loaf per bag Rolls 48 per bag

The size used for pro-rating for different types of fresh bread products is as follows:

PRODUCT BASIS FOR PRO-RATING

Bread, Loaf White 26 usable slices (Note: Usable slices do not include heels) Bread, Loaf 100% Wheat 22 usable slices Individually Wrapped Slices 100 slices Rolls 16 count Raisin Bread 18 ounces

3.7 Dimensions and Weights

Each serving slice of loaf bread and each serving unit of rolls shall be uniform in appearance and size.

Weight of the product offered shall be equal to or greater than the minimum weights given below. Weights shall be evaluated by using the Nutrition Facts product information provided for the products bid.

PRODUCT Minimum Weight Bread, slice (Not 100% Whole Wheat) 22 grams per slice Bread, slice (100% Whole Wheat) 26 grams per slice Frankfurter and Hamburger Rolls 38 grams each roll Dinner Roll 30 grams each roll

The State intends to use the information stated on the “FDA Nutrition Facts” label provided by the Bidder’s bakery on the bread products as required by the FDA. The weight for a slice of bread may be determined by dividing the total net weight by the number of servings and then by the number of slices for a serving, rounded to nearest tenth for the final result. For example, the slice weight for a loaf of bread with 794 grams total net weight, 28 servings per loaf and 1 slice per serving, would be calculated as follows:

Slice weight = 794/28 = 28.357/1 = 28.357 = 28.4 grams

If it becomes apparent that information in the “FDA Nutrition Facts” label furnished by a Bidder is incorrect, the State may reject the bid or the State may use information from other sources or by other means to determine slice weight, unit weight, ingredients, etc., for products offered.

SLICED BREAD, whether in loaf or individually wrapped, shall be a minimum of 3.75” high x 3.75” wide; and a minimum of 7/16” (.4375”) thick. Usable slices do not include heels.

GROUP 02450 – FRESH BREAD (Statewide) PAGE 13

MAXIMUM WEIGHT of a loaf of bread shall not exceed 1,133 grams.

3.8 Flour

Enriched flour shall be used for all breads and rolls except for whole wheat products or unless otherwise specified.

(Please see more on Whole Wheat bread products in next paragraph below.)

Whole Wheat bread products shall contain whole wheat flour; enriched wheat flour may be used in combination with whole wheat flour provided the whole wheat flour is the first ingredient on the FDA Nutrition Fact label. Whole Wheat bread products may contain wheat gluten and bran, as well as smaller amounts of other types of grain flours used in the baking industry, such as soy. Whole wheat bread products shall contain:

• Minimum of 2 grams of dietary fiber per slice

• 10-18 grams of total carbohydrates per slice

• Maximum of 2 grams of sugar per slice

3.9 Quality Control and Safety

1. Contractor shall have a written quality control program readily available for submission to OGS upon request that ensures all products are handled in a manner that complies with all Hazard Analysis & Critical Control Points (HACCP) regulatory requirements as well as NYS Circular 933 Good Manufacturing Practices (GMP) a copy of which is available at:http://www.agriculture.ny.gov/FS/industry/04circs/goodmanufpracticesCIR933.htm, and Sanitation Standard Operating Procedures (SSOP) which can be found here:

http://www.fsis.usda.gov/PDF/SSOP_module.pdf

2. Contractor shall verify, upon OGS request, that all manufacturers supplying product have verifiable HACCP programs in place at their manufacturing facilities.

3. Contractor shall provide at any time during the Contract Term, upon OGS request, a recent (less than 12 months)

New York State Department of Agriculture and Markets inspection report demonstrating satisfactory compliance (or acceptable equivalent as determined by OGS).

3.10 Product Delivery

A. Delivery shall be expressed in number of calendar days required to make delivery after receipt of a Purchase Order (or P-Card order). Product delivery is required within seven (7) calendar days unless otherwise arranged with Authorized User, and guaranteed delivery may be considered in making award. Delivery shall be made in accordance with instructions from the Authorized User included on the Purchase Order. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the Authorized User and, if applicable, from OGS Procurement Services.

B. Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State, as designated by the Authorized User, including dock delivery and tailgating of load, which means bringing the truck to the loading dock or loading area and bringing the load to the tailgate of the truck or liftgate for Authorized User personnel to remove the load without entering the truck. In addition, upon agreement, delivery locations may be expanded per the "Extension of Use" clause.

C. In cases, such as NYS Holidays, where products may have a longer than normal lead time, Contractor shall notify Authorized Users of the additional time needed to fill orders.

D. Contractor, directly or through its subcontractor, shall be able to deliver all items/products listed herein with evenly spaced deliveries, including weeks with NYS Holidays, to all Authorized Users on a consolidated basis. Delivery shall be made in accordance with instructions on the purchase order from each facility.

Deliveries shall be on weekdays during normal business hours except/excluding NYS Holidays.

E. Some locations may accept Saturday delivery. Correctional facilities will not accept Saturday delivery. For some facilities, delivery may be required to more than one building. It is anticipated that most locations will require delivery to be made at least three alternate days each week (up to five consecutive days in some cases) generally between the hours of 7:00 a.m. and 11:00 a.m. ET.

http://www.agriculture.ny.gov/FS/industry/04circs/goodmanufpracticesCIR933.htm http://www.fsis.usda.gov/PDF/SSOP_module.pdf

GROUP 02450 – FRESH BREAD (Statewide) PAGE 14

NOTE: There are certain Authorized Users that require specific delivery schedules due to security concerns.

The hours listed herein are “general” hours and it is expected that the resultant contractor and the Authorized Users will come to a mutual agreement on times and days for recurring delivery.

F. Bidders awarded under this Solicitation (hereafter "Contractor"), and any of its participating branches, warehouses, distribution centers, etc., shall maintain a business establishment with access to adequate inventories of complete product lines for their awarded Region(s) as identified in Section 1.2, Scope, and must be capable of processing and shipping large numbers of consolidated orders to various destinations.

Contractor must be able to service all delivery locations in the awarded Region(s) in a timely and efficient manner and in accordance with the requirements of this Solicitation.

The Contractor is responsible for all deliveries made under the resultant Contract, including resolving product availability and delivery related issues that may arise during the Contract term, for all participating branches/warehouses/distribution centers, etc. involved in assisting the Contractor with satisfying the requirements under the Award. Delivery, including any sub-contractor/third-party usage, shall be the sole responsibility of the Bidder.

3.11 Restricted Delivery

Price includes “restricted” delivery. Some Authorized Users have “restricted” deliveries, which include restrictions around time or process for delivery. Delivery during certain hours or certain days may be required. Other restrictions may include, but are not limited to, thorough inspection of vehicle/trailer and necessary security clearances. It should be noted that correctional facilities may have “lock downs” during which time there is no exit or entry.

3.12 Smaller Vehicle Use for Delivery

Because there are many delivery sites in residential areas, it is anticipated that local regulations may impose restrictions or prohibit the use of 40,000-pound vehicles. Consequently, the Contractor will be required to use smaller vehicles specifically for those weighing 26,000 pounds or less, for deliveries to these locations. The Contractors must adhere to all local area regulations regarding vehicle size specifications and requirements.

SECTION 4 BID SUBMISSION

4.1 Performance and Bid Bonds

There are no bonds for this Contract. The Commissioner of OGS has determined that no performance, payment or Bid bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the Contract is required at any time during the term of the resulting Contract.

4.2 NYS Vendor File Registration

Prior to being awarded a Contract pursuant to this Solicitation, the Bidder and any authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors who do business with New York State Agencies and the registration must be initiated by a State Agency. Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will be assigned to your company and to each of your authorized resellers (if any) for use on all future transactions with New York State. Additionally, the Vendor File enables a vendor to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York.

If Bidder is already registered in the New York State Vendor File, the Bidder must enter its Vendor ID on the first page of this Solicitation. Authorized resellers already registered should list the Vendor ID number along with the authorized reseller information. (The Vendor ID number is not the same as a SOCIAL SECURITY NUMBER or a TIN/FEIN number.)

If the Bidder is not currently registered in the Vendor File, the Bidder must request assignment of a Vendor ID from OGS. Bidder must complete the OSC Substitute W-9 Form (http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) and submit the form to OGS in advance of Bid submission. Please send this document to the Designated Contact identified in the Solicitation. In addition, if an

GROUP 02450 – FRESH BREAD (Statewide) PAGE 15 authorized reseller is to be used that does not have a Vendor ID, an OSC Substitute W-9 form should be completed by each authorized reseller and submitted to OGS. OGS will initiate the vendor registration process for all Bidders and authorized resellers. Once the process is initiated, registrants will receive an e-mail identifying their Vendor ID and instructions on how to enroll in the online Vendor Self-Service application.

For more information on the Vendor File please visit the following website: https://osc.state.ny.us/vendors/

4.3 Format of Bid Submission

A. The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid opening. Late Bids shall be handled in accordance with Appendix B, Late Bids. Any Bid pricing or portions thereof submitted on USB flash drive that are incomplete or that cannot be opened/accessed may be rejected.

With respect to any Bid documents in Excel format, only those cells provided for entering Bid pricing and information are to be accessed by the Bidder.

Situations susceptible to Disqualification may include:

1. E-mail or facsimile Bid submissions are not acceptable, and

2. Absent Price Pages (Attachment 1 – Pricing) are not acceptable.

B. It is recommended that the Bidder open, review and save/download all electronic files to the Bidder’s hard drive and/or to a secure back-up location. Only completed files (in the specified format) should be saved to a USB flash drive for submittal.

C. Any indicators or messages that have been built into the attachments are informational only and provided solely for the purpose of assisting Bidders in completing the attachments. The presence or absence of notes or indicators is not a determination by the State as to the sufficiency of the attachments with respect to the Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the Solicitation requirements.

D. Bidders are responsible for the accuracy of their Bids. All Bidders are directed to take extreme care in developing their Bids. Bidders are cautioned to carefully review their Bids prior to Bid submission. A Bid that fails to conform to the requirements of the Solicitation may be considered non-responsive and may be rejected.

4.4 Content

A complete Bid consists of submission of the following completed documents:

Required Bid Documents REQUIRED ELECTRONIC

FILE FORMAT

ELECTRONIC COPY (USB)

REQUIRED

ORIGINAL (Hard Copy with Ink Signature) REQUIRED

Pages 1 and 2 of the Solicitation

PDF X X

Attachment 1 – Pricing Excel X

Attachment 2 – NYS Required Certifications

PDF X

Attachment 3 – Encouraging Use of NYS Businesses

PDF X

Proof of compliance with Attachment 4 – Insurance Requirements

PDF X

Attachment 5 – Bidder Information Questionnaire

Excel X

Attachment 6 – Bidder Submission Checklist

Excel X

Attachment 9 – Certification Under Executive Order No. 16

PDF X

Attachment 10 – Supplier/Manufacturer’s Certificate

PDF X

GROUP 02450 – FRESH BREAD (Statewide) PAGE 16

Attachment 11 - Contractor/Reseller/Distributor Information Sheet

Excel X

Appendix C – Federal Funding Agency Mandatory Terms and Conditions, with Section 10 completed

PDF X

EEO 100, Equal Employment Opportunity Staffing Plan

PDF X

Standard Vendor Responsibility Questionnaire – (completed and scanned to PDF) or Certification that Questionnaire has been completed online, or hard copy submittal.

PDF X

ST-220-CA, Contractor Certification to Covered Agency

PDF X X

Attachment 13- Proof of past sales as specified in accordance with Section 2.1.E, Bidder Qualifications

Excel X

Proof of compliance with Section 2.1(E), New York State Department of Agriculture and Markets inspection report

PDF X

All Bid Solicitation Updates with signatures (if applicable)

PDF X X

All documents must be completed in accordance with the instructions for the individual document, which may include an original signature or an original notarized signature. At this time, OGS cannot accept an eSignature that has been generated by software.

Documents should be submitted as an electronic copy and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this Section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents. When submitting electronic documents, include a printed copy of pages 1 and 2 of the Solicitation with the Bid (see Bid Envelopes and Packages, below).

Electronic copies of documents provided in PDF format should be saved as an Adobe Acrobat PDF, AND THEN converted to allow for Optical Character Recognition (OCR) (see https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html).

Bidders are strongly encouraged to submit a fully completed bid package to avoid disqualification. Failure to provide all required and satisfactorily completed documentation in a timely manner upon request by OGS may result in that Bidders Bid being found non-responsive and disqualified with no further consideration for contract award. Bidders are encouraged to seek clarification from OGS, if necessary, prior to submitting the requested document(s) and/or revisions.

Bidder is responsible for retaining the original documents with original signatures that have been scanned and submitted electronically until a determination of award is made. If an award is made to Bidder, the documents with original signatures shall be retained by the Bidder for a period of six (6) years after the term of the contract has ended.

Bidder shall submit such documents with original signatures to OGS upon request.

https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

GROUP 02450 – FRESH BREAD (Statewide) PAGE 17

In the case of discrepancies between paper copies (if applicable) and USB flash drive submissions of the documents submitted by the Bidder, the electronic USB flash drive copy shall take precedence over the paper copy.

4.5 Bid Envelopes and Packages

All Bids should have a label on the outside of the envelope or package itemizing the following information:

1. BID ENCLOSED (preferably bold, large print, all capital letters)

2. Solicitation Number #23319

3. Bid Opening Date and Time (as per Section 1.4 – Key Events/Dates)

4. The number of boxes or packages (e.g., 1 of 2; 2 of 2)

All Bids should also include a PRINTED copy of pages 1 and 2 of the Solicitation, completed with the Bidder’s information and original signature. The printed copy of pages 1 and 2 should be placed in the envelope with the USB flash drives.

Failure to complete all information on the Bid envelope and/or package may necessitate the opening of the Bid prior to the scheduled Bid opening.

4.6 Bid Delivery

Bids shall be delivered to the following address on or before 1:30 p.m. ET, on or before the Bid opening date as stated in Section 1.4 Key Events/Dates:

State of New York Executive Department Office of General Services

Procurement Services Corning Tower - 38th Floor Reception Desk

Empire State Plaza Albany, NY 12242

Attn: Bid Enclosed – Solicitation 23319

Bidder assumes all risks for timely, properly submitted deliveries. The time of Bid receipt is determined by OGS according to the timeclock at the above-noted location. A Bidder is strongly encouraged to arrange for delivery of Bids to OGS prior to the date of the Bid opening. Late Bids shall be rejected, except as provided in Appendix B, Late Bids. All Bids and accompanying documentation shall become the property of the State of New York and shall not be returned. Refer to “Important Building Access Procedures” clause.

4.7 Important Building Access Procedures

To access the Corning Tower, all visitors must check in by presenting photo identification at the Corning Tower Information Desk. Delays may occur due to a high volume of visitors. Visitors conducting Procurement Services business are encouraged to pre-register for building access by contacting the Procurement Services Receptionist at

(518) 474-6262 or Customer Services (518) 474-6717 at least 24 hours prior to the visit. If no answer, leave a detailed phone message including the following information: reason for visit and/or delivering a bid, solicitation number, date and estimated time of delivery or visit, first and last name of visitor, and visitor’s cell phone number. Visitor may email customer.services@ogs.ny.gov providing the same information.