09-ITQ-Milk and Dairy Products-83 Final.pdf

INVITATION TO QUALIFY

DEPARTMENT OF CORRECTIONS

MILK AND DAIRY PRODUCTS

09 – ITQ – MILK AND DAIRY PRODUCTS - 83

Contract Enrollment Period:

This contract shall have open enrollment and ITQ responses shall be accepted at the address below through December 31, 2013.

Contract Period:

The initial contract period will be July 1, 2009 through June 30, 2010, with option to renew for an additional four (4) years.

Contact Person:

Russ Ilgenfritz, Bureau of Administration, 717-975-4988.

Issuing Office:

Pennsylvania Department of Corrections Bureau of Administration Attn: Russ Ilgenfritz 2520 Lisburn Road Camp Hill, PA 17011 Email: rilgenfrit@state.pa.us mailto:bprocopio@state.pa.us

TABLE OF CONTENTS

Page

Part I Instructions for Completion of Proposal Submission 3

Part II Information Required from Vendors 4

Part III Criteria for Qualification 5

Part IV Requirements and Procedures 6

Part V Technical Requirements 11

Part VI Proposal Signature Page 13

ATTACHMENTS

ATTACHMENT A STANDARD CONTRACT TERMS AND CONDITIONS – SAP,

STD-274

ATTACHMENT B RECIPROCAL LIMITATIONS ACT REQUIREMENTS –

GSPUR-69

ATTACHMENT C CONTRACT PROVISIONS – RIGHT TO KNOW LAW

ATTACHMENT D DOC PERISHABLE MILK AND DAIRY PRODUCTS

SPECIFICATIONS

ATTACHMENT E MINIMUM QUALIFICATIONS NEEDED TO RESPOND TO

MILK AND DAIRY PRODUCTS ITQ

ATTACHMENT F STATE CORRECTIONAL FACILITIES ADDRESS AND

CURRENT POPULATION

ATTACHMENT G BASIC MILK AND DAIRY PRODUCTS ITEM USAGE

ESTIMATES

ATTACHMENT H MILK MARKETING BOARD BULLETIN

ATTACHMENT I MAP OF STATE CORRECTIONAL FACILITIES LOCATIONS

ATTACHMENT J SAMPLE RFQ

PART I

INSTRUCTIONS FOR COMPLETION OF PROPOSAL SUBMISSION

1. Application Submission: The Vendor’s response must be completed on the documents provided and must include the completed Contract Signature Page. All documentation must be returned to the Issuing Office.

2. Completion of the Signature Page: The signature page must be completed in its entirety and signed by an individual authorized to contractually bind the organization. Failure to comply could result in rejection of the ITQ.

All vendors must be registered with the Department of General Services prior to proposal submittal. Vendor’s can register at the following website www.vendorregistration.state.pa.us.

Complete the SAP vendor number, vendor’s name and address, contact person, vendor telephone number, vendor fax number, vendor email address and the vendor signature blocks.

a. For Corporations: Only the signature of a senior officer is required. Senior officers include Chairman, President, Vice-President, Senior Vice-President, Executive Vice- President, Assistant Vice-President, Chief Executive Officer and Chief Operating Officer.

b. For Limited Liability Company (LLC); the signature of the Manager or Member is required. No other titles will be accepted unless the Vendor provides proof that the signatory has been delegated signature authority.

c. For Sole Proprietorships: The signature of the Owner is required. A sole proprietorship doing business as (d/b/a) or trading as (t/a) another name-should indicate such.

For example:

John Brown d/b/a or t/a Brown’s Janitorial Service

d. For Partnerships: The signature of the General Partner is required.

If signature authority has been delegated by any required principal (as cited above) to another official, (i.e., the Office Manager, the Comptroller, the Sales Manager, etc), a copy of the resolution (for corporations) or power of attorney (for Partnerships and Sole Proprietorships) signed by the required principal delegating that signature authority to that specific individual must be provided prior to execution of the contract. For a municipality or an authority, the delegation document must be either a resolution of the governing body or delegation provided by the organization’s by-laws.

http://www.vendorregistration.state.pa.us/

PART II

INFORMATION REQUIRED FROM VENDORS

1. Statement of Qualifications: Vendors must submit properly executed Contract Signature Page.

2. Mandatory Requirements: By executing this contract, the Vendor acknowledges the following:

a. You have submitted a complete response to this ITQ.

b. You have completed and returned Attachment E, Minimum Qualifications Needed to Respond to Milk and Dairy Products ITQ

c. Your proposal contains the Contract Signature Page with an original signature of an official of your company authorized to bind your company to its provisions and the provisions of the ITQ.

d. You agree that the contents of your proposal will become part of a contract entered into as a result of this ITQ and any subsequent RFQs.

e. If your firm is selected for receipt of the Request for Quotes (RFQ), you agree to comply with the requirements of the ITQ and to furnish the required Milk and Dairy Products items as specified in this ITQ as Attachment D, DOC Perishable Milk and Dairy Products Specifications and subsequent RFQ.

f. You agree that your proposal will remain valid during the entire contract period.

PART III

CRITERIA FOR SELECTION

1. Mandatory Requirements: DOC will review proposals to determine if each Vendor complies with the Mandatory Requirements found in Part II, Paragraph 2. A Vendor’s non-acceptance of or noncompliance with any of these mandatory requirements shall result in the disqualification of the proposal.

2. Responsible and Responsive: The Department will evaluate proposals to determine Vendor responsibility.

3. Award of Contracts: All responsible and responsive Vendors that have met the Mandatory Requirements found in Part II, Paragraph 2, and that meets the above qualification, will receive a contract and are eligible to receive RFQs.

PART IV

REQUIREMENTS AND PROCEDURES

1. Purpose: The purpose of this Invitation to Qualify (ITQ) is to qualify responsible and responsive Vendors (Qualified Vendor) for the procurement of perishable Milk and Dairy Products to the Commonwealth of Pennsylvania (Commonwealth), Department of Corrections (DOC) for various locations through the Commonwealth. DOC locations are identified per Attachment I, Map of State Correctional Facilities Locations.

DOC is seeking a vendor(s) who can provide competitive pricing, exceptional performance and a product that consistently meets DOC specifications.

This ITQ will result in a contract that is the first step in a two-step procurement process. Only those Vendors that respond to this ITQ and that the DOC determines to be qualified (Qualified Vendors) will be eligible to participate in the second step.

The second step involves the issuance of Requests for Quotes (RFQ) to the Qualified Vendors.

Through this two-step process, DOC will offer Qualified Vendors the opportunity to submit prices for specific needs for Milk and Dairy Products. The Qualified Vendors selected through the RFQ process (Selected Vendors) will receive a Purchase Order (PO) and will supply the items to meet the specific requirements of DOC as indicated in the RFQ.

2. Issuing Office: This ITQ is issued by DOC. The issuing office is the sole point of contact in DOC for this ITQ. Please refer all inquiries to:

Russ Ilgenfritz Administrative Officer Bureau of Administration

Department of Corrections 2520 Lisburn Road Camp Hill, PA 17001 Telephone: 717-975-4998 Email: rilgenfrit@state.pa.us

3. Proposals: To be considered, a proposal must consist of a complete response using the format provided in Part II of this ITQ. The contract Signature Page must be included with the proposal and have an original signature of an official authorized to bind the bidder to the provisions of the proposal and ITQ. The contents of the proposal of Qualified Vendor and this ITQ will become contractual obligations when the contract is executed. For this ITQ, the proposal, as submitted, must remain valid during the entire execution process.

4. Security: All employees of the Vendor are subject to complete background investigations at the discretion of the DOC. The Vendor’s employees must complete the security clearance application process and all required training. Since individual security clearances are only valid for a maximum of six (6) months, (and may be issued for shorter periods), it is the responsibility of the Vendor/employee to renew their request for another six (6) month clearance.

mailto:rilgenfrit@state.pa.us

The DOC reserves the right to deny any employee of the Vendor access to its facilities, information or to their clients as a result of confidential information obtained during the course of the security clearance process or for violation of DOC policy.

The vendor will be responsible for ensuring that all personnel, equipment, tools, keys and supplies/materials comply with any and all rules, regulations and procedures of the DOC and the individual facilities. Questions should be address to the Business Manager at each institution.

The individual institution’s rules, regulations and procedures governing the entry and conduct of staff working inside the institution will be made available and explained at the point of entry.

All vendor’s personnel entering a correctional institution will be subject to a search of their person and personal items. Such searches may be frisk searches, searches by metal detectors or searches by narcotics detection canines.

All equipment, tools, supplies and materials will be subject to search or inventory at any time.

Tools and materials must be carefully controlled at all times and locked when not in use.

Any attempts to introduce contraband, to assist in escape, or to have unauthorized contact with inmates of an institution are prohibited and will be prosecuted under Pennsylvania law. The vendor’s personnel are prohibited from bringing into or taking out of the institution any items unless specifically approved. Any interaction between a vendor’s employee and an inmate, which would assist the prisoner to escape is a felony and will be prosecuted.

Vendor’s personnel may not deliver, receive or otherwise transfer any item (no matter how innocuous) to or from an inmate without express permission of the Superintendent or designee.

Vendor’s personnel or representatives are limited to movement to, from and within their assigned work area. No contact is allowed with inmates unless expressly approved.

No person who appears to be under the influence of drugs or alcohol or who is otherwise impaired will be allowed entry into a correctional institution.

The DOC reserved to right to deny entry to anyone who is suspected of a breach of security or for failure to follow published rules, regulations or procedures.

All vendor personnel must be in possession of valid identification with a recent, clear photo in order to enter an institution.

The entrance of vehicles or motorized equipment is discouraged. If this should be necessary, any vehicle left unattended must be locked and the keys must be removed or it should be otherwise rendered inoperable. No vehicle is permitted to exit the security compound until after an institutional count has been completed. Count times vary.

5. Standard Terms and Conditions: The Vendor shall comply with Attachment A, Standard Contract Terms and Conditions – SAP, STD-274.

6. Reciprocal Limitations Act Requirements: The Vendor shall comply with Attachment B, Reciprocal Limitations Act Requirements, GSPUR-69 and return pages 3 and 4 with the response.

7. Right to Know Law: The vendor shall comply with Attachment C, Contract Provisions

– Right to Know Law.

8. Addenda to the ITQ: If it becomes necessary to revise any part of this ITQ, addenda will be posted to the Department of General Services website, http://www.dgs.state.pa.us. It is the Vendor’s responsibility to monitor the website for any changes.

9. Alternate Proposals: DOC will not accept alternate proposals. Alternate proposals are those that are provided in a form other than that specified by DOC. DOC will not accept proposals wherein a Vendor alters any of the forms provided in the application.

10. Rejection of Proposals: DOC reserves the right to reject any and all proposals received as a result of this ITQ.

11. Incurring Costs: DOC is not liable for any costs or expenses incurred in the preparation and submission of the proposals.

12. Proposal Due Date: This contract shall have open enrollment and proposals may be submitted to the issuing office at any time during the open enrollment period.

It is the responsibility of each Vendor to ensure that its proposal is received at the Issuing Office prior to the Proposal Due Date and Time regardless of medium used. If a Vendor decides to mail its proposal, the Vendor should allow adequate time for delivery.

13. Definitions: The following definitions apply to the words and phrases used in this solicitation, unless the text or usage clearly indicates otherwise:

Cycle: Four (4) week cycle; 13 cycles per year

Contract: The agreement executed as a result of this ITQ.

Selected Vendor: The Qualified Vendor(s) selected as a result of the RFQ to furnish Milk and Dairy Products to meet the requirements of DOC locations.

Vendor: A vendor that has been qualified to provide Milk and Dairy Products as the result of the ITQ process.

Fill Rate: All amounts and items on Purchase Orders must be 100% completed within 24 hours of date and time designated unless prior acceptable documented arrangements have been made with the requesting facility.

Request for Quotes (RFQ): A document that describes the institution’s required Milk and Dairy Products products. This document provides interested Qualified Vendors with sufficient information to enable them to prepare and submit quotes.

Vendor Quote: The price quote provided by the Qualified Vendors for the products, time frame, delivery, etc. as detailed in the RFQ.

Purchase Order: The resulting document from the RFQ and Vendor Quote which provides the Vendor the authority to provide the goods.

http://www.dgs.state.pa.us/

14. Orders: DOC will issue a Purchase Order against the Contract to obtain the Milk and Dairy Products. This order will constitute authority to furnish the goods and must be used when invoicing. Each RFQ and/or Purchase Order will be deemed to incorporate the terms and conditions set forth in this Contract.

15. Vendor Duties: Each Vendor, subject to the terms and conditions set forth in the Contract, the RFQ, and the Purchase Order, shall furnish Milk and Dairy Products.

a) The Vendor shall be paid only for the items as specified in the RFQ and then awarded on the PO issued by DOC.

b) It is understood that prices quoted and awarded are at FOB Destination.

c) Milk and Dairy Products must meet specification requirements as outlined in Part V of the ITQ solicitation. If items are rejected due to noncompliance with specifications, the Vendor shall receive no reimbursement. Product substitution may not be made without the prior approval by the DOC Division of Food Services.

d) If delivery cannot be met, Vendor must contact Food Service Manager or Purchasing Agent at affected institution.

16. Term: The period of the contract(s) shall be from the date of the Notice to Proceed by the Commonwealth through June 30, 2010. Further, the parties may agree to renew this contract for up to four (4) additional years with a final termination date of June 30, 2014, upon the same terms and conditions set forth in the contract.

17. Vendor Selection: Qualified Vendors will be selected for receipt of an RFQ from the list of Qualified Vendors. When DOC requests quotes, all Qualified Vendors will be invited to submit a quote.

18. Request For Quote (RFQ): DOC will issue a RFQ which will include, but not be limited to, the item, quantity, delivery location, other special terms, conditions and specifications, and bid response requirements. RFQ’s will be issued on an as-needed basis through electronic mail or SAP.

(a) The DOC will issue RFQ’s for a minimum requirement of three (3) months.

(b) Response time for RFQ’s shall be as identified in the RFQ.

(c) Vendors must respond to each RFQ even with only a “NO BID.” Vendors that fail to respond to five (5) successive RFQs shall be removed from the Contract.

(d) RFQs must be signed by an authorized signatory of the company, or if returned, electronically, the electronic submission shall be accepted by the DOC.

19. Quote/Bid: Vendors must submit quotes by the date and time specified in each RFQ to be considered for award. All prices are to be submitted in accordance with the PA Milk Marketing Board guidelines and must be prepared and submitted in accordance with the special terms and conditions of the request for quote. Pricing shall be no more than 2 decimal points.

20. Award: DOC will issue the selected Vendor a PO. Award will be made to the lowest responsible and responsive Bidder. The DOC reserves the right to award by item or on a total bid basis, whichever is deemed more advantageous to the DOC. Tie bids will be broken by the Issuing Office. The Vendor cannot provide the items until receipt of the fully executed

PO.

21. Protest Procedures: The protest procedures are set forth on the Department of General Services website at website at http://www.dgs.state.pa.us/procurement.

PART V

TECHNICAL REQUIREMENTS FOR PROVIDING MILK AND DAIRY PRODUCTS

1. Objective: The intent of this ITQ solicitation is to provide a mechanism which allows the Vendors to provide Milk and Dairy Products to DOC at reduced costs based on actual quantity need for each institution.

2. Product: The perishable Milk and Dairy Products, including estimated quantities, are identified in Attachment G, Basic Milk and Dairy Products Item Usage Estimates.

3. Minimum Qualifications Questionnaire: Vendors must address all of the questions stated in Attachment E, Minimum Qualifications Needed to Respond to Milk and Dairy Products ITQ and provide a description of all of the services, resources, capabilities, etc. that will meet DOC’s Milk and Dairy Products needs.

4. Company Capabilities: Vendors must describe their current infrastructure in the Commonwealth of Pennsylvania and their capability to service either the entire DOC or those institutions specified in their submitted proposal.

5. Personnel: Include the number of staff and position held in the company of those that will be providing the Milk and Dairy Products items to DOC. Include where the staff are physically located. Identify any sub-contractors you intend to use and the services they will perform.

6. Customer Service Team: The Vendor must provide DOC with a customer service team that will be dedicated to DOC’s account. The team must be available at a minimum Monday through Friday from 8:00 am to 5:00 pm. The Vendor must provide a toll-free telephone number, a toll-free facsimile number and an email address to allow DOC to contact the Vendor.

7. Account Manager: The Vendor must designate a dedicated account manager that will serve as a main point of contact. The account manager will be, at a minimum available to the Commonwealth from Monday to Friday. The account manager will play an important role in overseeing the Vendor’s Customer Service Team and will be responsible for ensuring high quality service, resolving problems and proactively addressing cost savings and optimization opportunities across DOC facilities.

8. Delivery:

(a) Delivery of Milk and Dairy Products items shall be FOB Destination, freight included to any point.

(b) In the event of an emergency, DOC reserves the right to pick up orders at the closest Vendor supply location. DOC will determine what orders are emergency orders.

(c) Deliveries shall be Monday through Friday. Specific delivery days and times will be identified by the institution on the RFQ document.

(d) Vendor shall be expected to meet the Fill Rate on all deliveries unless prior acceptable documented arrangements have been made with the requesting facility.

9. Orders: The Vendor must have the ability to accept purchase orders manually or electronically.

(a) The Vendor must notify the ordering institution within 24 hours of receipt of order if an item is not available and the wait time for availability. The institution shall have the right to determine if the wait time is acceptable or go elsewhere for said product.

(b) Each order shall be accompanied with a packing slip referencing the PO number, order date, ship to name and address and any additional information requested in the RFQ document.

10. Returns: Any items delivered in poor condition, in excess of amount order, or not meeting specifications may, at the discretion of the DOC ordering institution, be returned at the Vendor’s expense. There shall be no restocking fees assessed to DOC.

11. Invoicing: The Vendor must provide an invoice that contains the following information:

SAP vendor number, purchase order number, purchasing entity, SAP material number, line item description, quantity, item price, extended price. Pricing on invoices must be in accordance with PA Milk Marketing Board pricing. Invoices must come from and payments must go to a single point of contract. The invoice must follow the same line item format as the PO. All invoices shall be submitted to the Comptroller’s address as listed on the PO

PART VI

DEPARTMENT OF CORRECTIONS

INVITATION TO QUALITY – MILK AND DAIRY PRODUCTS-83

(Complete in INK or TYPE only – DO NOT use pencil)

READ ALL Directions/Instructions in Part I Before Completing This Page

VENDOR MUST COMPLETE ALL APPLICABLE AREAS

VENDOR NAME & ADDRESS:

If SOLE PROPRIETOR is doing business as (d/b/a) another name, see instructions in Part II, attached

SAP VENDOR NUMBER:

(All vendors must register with the Commonwealth at www.vendorregistration.state.pa.us

VENDOR CONTACT PERSON:

PHONE NUMBER:

FAX NUMBER:

EMAIL ADDRESS:

VENDOR’S SIGNATURE(S), DATE AND TITLE REQUIRED (IN INK)

CORPORATION: One Signature of a Senior Officer and Title Designation is Required. – Chairman, President, Vice- President, Senior Vice President, Executive Vice President, Assistant Vice President, Chief Executive Officer, Chief Operating Officer. Any other signature must be accompanied by a resolution authorizing the individual to contractually bid the organization.

SIGNATURE DATE TITLE

SOLE PROPRIETORSHIP – Owner only

_________________________________________ ___________________ OWNER

SIGNATURE DATE TITLE

PARTNERSHIP – One General Partner

__________________________________________ __________________ GENERAL PARTNER

SIGNATURE DATE TITLE

http://www.vendorregistration.state.pa.us/

ATTACHMENT A

STANDARD TERMS AND CONDITIONS

www.dgs.state.pa.us/Comod/CurrentForms/STD-274_SAP.doc http://www.dgs.sate.pa.us/Comod/CurrentForms/STD-274_SAP.doc

Department of General Services GSPUR-89 Rev. 2/15/02

RECIPROCAL LIMITATIONS ACT

REQUIREMENTS

Please Complete Applicable Portion of Pages 3 & 4 and Return with Bid.

NOTE: These Requirements Do Not Apply To Bids Under $10,000.00

I. REQUIREMENTS

A. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering supplies produced, manufactured, mined or grown in Pennsylvania as against those bidders offering supplies produced, manufactured, mined or grown in any state that gives or requires a preference to supplies produced, manufactured, mined or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply.

The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state supplies and the amount of the preference:

STATE PREFERENCE

1. Alaska 7% (applies only to timber, lumber, and manufactured lumber products originating in the state)

2. Arizona 5% (construction materials produced or manufactured in the state only)

3. Hawaii 10%

4. Illinois 10% for coal only

5. Iowa 5% for coal only

6. Louisiana 4% meat and meat products 4% catfish 10% milk & dairy products 10% steel rolled in Louisiana 7% all other products

7. Montana 5% for residents * 3% for non-residents* *offering in-state goods, supplies, equipment and materials

8. New Mexico 5%

9. New York 3% for purchase of food only

10. Oklahoma 5%

11. Virginia 4% for coal only

12. Washington 5% (fuels mined or produced in the state only)

13. Wyoming 5%

B. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering printing performed in Pennsylvania as against those bidders offering printing performed in any state that gives or requires a preference to printing performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular category of printing.

The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state printing and the amount of the preference:

1. Hawaii 15%

2. Idaho 10%

3. Louisiana 3%

4. Montana 8%

5. New Mexico 5%

6. Wyoming 10%

C. The Reciprocal Limitations Act, also requires the Commonwealth to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found by the Department of General Services to have applied a preference for in-state bidders and the amount of the preference:

1. Alaska 5%(supplies only)

2. Arizona 5%(construction materials from Arizona resident dealers only)

3. California 5%(for supply contracts only in excess of $100,000.00)

4. Connecticut 10%(for supplies only)

5. Montana 3%

6. New Mexico 5%(for supplies only)

7. South Carolina 2%(under $2,500,000.00) 1%(over $2,500,000.00)

This preference does not apply to construction contracts nor where the price of a single unit exceeds $10,000.

8. West Virginia 2.5%(for the construction, repair or improvement of any buildings

9. Wyoming 5%

D. The Reciprocal Limitations Act also requires the Commonwealth not to specify, use or purchase supplies which are produced, manufactured, mined or grown in any state that prohibits the specification for, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined or grown in such state. The following is a list of the states which have been found by the Department of General Services to have prohibited the use of out-of-state supplies:

STATE PROHIBITION

1. Alabama Only for printing and binding involving ”messages of the Governor to the Legislature“, all bills, documents and reports ordered by and for the use of the Legislature or either house thereof while in session; all blanks, circulars, notices and forms used in the office of or ordered by the Governor, or by any state official, board, commission, bureau or department, or by the clerks of the supreme court . . ./and other appellate courts/; and all blanks and forms ordered by and for the use of the Senate and Clerk or the House of Representatives, and binding the original records and opinions of the Supreme Court . . . /and other appellate courts/

2. Georgia Forest products only

3. Indiana Coal

4. Michigan Printing

5. New Jersey For legislative printing and bidders for all of the following items:* automotive parts, farm machinery, stainless steel tableware, kitchen small wares, major household appliances, chain link fence, portable sanitation units, glass, glazier supplies, storage batteries, spark plugs and filters, automotive glass, dental casting, prosthetic devices, pianos, musical instruments, carpet and cushion, shades, upholstery materials and supplies, room air conditioning, electrical supplies, plumbing supplies, hardware supplies, fasteners, lumber, building supplies, audiovisual/video equipment, fire extinguishers, fire hose, motor oils, fuel oil, sporting goods, photographic supplies, police equipment and supplies, venetian blinds, drapes, cheese, fresh fruit and vegetables, ammonia, bleach, pails, cleaning soaps, toilet cleaner, bowl cleaner, sponges, paper towel dispensers, water hose, course paper products, corrections department uniforms fine paper and paper cups.

6. New Mexico Construction

7. Ohio Only for House and Senate bills, general and local laws, and joint resolutions; the journals and bulletins of the Senate and house of Representatives and reports, communications, and other documents which form part of the journals; reports, communications, and other documents ordered by the General Assembly, or either House, or by the executive department or elective state officers; blanks, circulars, and other work for the use of the executive departments, and elective state officers; and opinions of the Attorney General.

8. Rhode Island Only for food for state institutions.

*If the bid discloses that the bidder is offering to supply one of the above-listed products from the listed state (or in the case of New Jersey, if the bid discloses that the bidder is from New Jersey and it is offering one of the above-listed items), it shall be rejected.

Contractors are prohibited from supplying these items from these states.

II. CALCULATION OF PREFERENCE

In calculating the preference, the amount of a bid submitted by a Pennsylvania bidder shall be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency (as found by the Department of General Services in Paragraph C above). Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown (as found by the Department of General Services in Paragraphs A and B above).

THIS FORM MUST BE COMPLETED AND RETURNED WITH THE BID

III. STATE OF MANUFACTURE

All bidders must complete the following chart by listing the name of the manufacturer and the state (or foreign country) of manufacture for each item. If the item is domestically produced, the bidder must indicate the state in the United States where the item will be manufactured. This chart must be completed and submitted with the bid or no later than two (2) business days after notification from the Issuing Office to furnish the information. Failure to complete this chart and provide the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid.

STATE (OR FOREIGNCOUNTRY)

ITEM NUMBER NAME OF MANUFACTURER OF MANUFACTURE

IV. BIDDER’S RESIDENCY

A. In determining whether the bidder is a nonresident bidder from a state that gives or requires a preference to bidders from that state, the address given on the first page of this invitation to bid shall be used by the Commonwealth. If that address is incorrect, or if no address is given, the correct address should be provided in the space below:

Correct Address:

B. In order to claim the preference provided under Section I.B., Pennsylvania resident bidders must complete the following or have such information on file with the Issuing Office:

1. Address of bidder’s bona fide establishment in Pennsylvania at which it was transacting business on the date when bids for this contract/requisition were first solicited:

2. a. If the bidders is a corporation:

(1) The corporation is or is not incorporated under the laws of the Commonwealth of Pennsylvania.

(a) If the bidder is incorporated under the laws of the Commonwealth of Pennsylvania, provide date of incorporation:

(b) If the bidder is not incorporated under the laws of the Commonwealth of Pennsylvania, it must have a certificate of authority to do business in the Commonwealth of Pennsylvania from the Pennsylvania Department of State as required by the Pennsylvania Business Corporation Law (15 P.S. §2001). Provide date of issuance of certificate of authority:

(2) The corporation is or is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must register the fictitious name with the Secretary of the Commonwealth and the office of the prothonotary of the county wherein the registered office of such corporation is located as required by the Fictitious Corporate Name Act, as amended 15 P.S. §51 et seq. Corporate bidders conducting business under an assumed or fictitious name must provide date of registry of the assumed or fictitious name:

b. If the bidder is a partnership:

(1) The partnership is or is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must file with the Secretary of the Commonwealth and the office of the prothonotary the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended 54 P.S. §28.1. Partnerships conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:

(2) The partnership is or is not a limited partnership formed under the laws of any jurisdiction other than the Commonwealth of Pennsylvania. If the bidder is an Out-of-state limited partnership, it must register with the Pennsylvania Department of State as required by the Act of July 10, 1981, P.L. 237, as amended, 59 Pa. C.S.A. §503. Out-of-state limited partnerships must provide the date of registry with the Pennsylvania Department of State:

c. If the bidder is an individual:

He or she is or is not conducting business under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, he or she must file with the Secretary of the Commonwealth and the office of the prothonotary in the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended, 54 P.S. §28.1. Individuals conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:

ATTACHMENT C

Contract Provisions - Right to Know Law

a. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, applies to this Contract.

b. Unless the Contractor provides the Commonwealth, in writing, with the name and contact information of another person, the agency shall notify the Contractor using the Contractor information provided by the Contractor in SRM [or “the legal contact information provided in this Contract”] if the agency needs the Contractor’s assistance in any matter arising out of the Right to Know Law (“RTKL”). The Contractor shall notify the agency in writing of any change in the name or the contact information within a reasonable time prior to the change.

c. Upon notification from the Commonwealth that the Commonwealth requires the Contractor’s assistance in responding to a RTKL request for records in the Contractor’s possession, the Contractor shall provide the Commonwealth, within fourteen (14) calendar days after receipt of such notification, access to, and copies of, any document or information in the Contractor’s possession which arises out of the Contract that the Commonwealth requests (“Requested Information”) and provide such other assistance as the Commonwealth may request in order to comply with the RTKL. If the Contractor fails to provide the Requested Information within fourteen (14) calendar days after receipt of such request, the Contractor shall indemnify and hold the Commonwealth harmless for any damages, penalties, detriment or harm that the Commonwealth may incur as a result of the Contractor’s failure, including any statutory damages assessed against the Commonwealth.

d. The Commonwealth’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties. Contractor agrees not to challenge the Commonwealth’s decision to deem the Requested Information a Public Record. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the Contractor will immediately notify the Commonwealth, and will provide a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL within seven (7) calendar days of receiving the request. If, upon review of the Contractor’s written statement, the Commonwealth still decides to provide the Requested Information, Contractor will not challenge or in any way hold the Commonwealth liable for such a decision.

e. The Commonwealth will reimburse the Contractor for any costs associated with complying with this provision only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

f. Contractor agrees to abide by any decision to release a record to the public made by the Office of Open Records, or by the Pennsylvania Courts. The Contractor agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth’s disclosure of Requested Information pursuant to the RTKL. Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Contractor has Requested Information in its possession.

ATTACHMENT D

DOC PERISHABLE MILK AND DAIRY PRODUCT SPECIFICATIONS

DOC STANDARD MILK SPECIFICATIONS

209844 (Beverage, Milk 2% ½ PT) - pasteurized, homogenized Grade A liquid cow’s milk, Kosher, containing 2% milk fat and not less than 8.25% solids-not-fats. Fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standards of Identity for Milk (21 CFR Part 131), manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62), Product when received must have a minimum of 10 days remaining before the stamped “sell by” date. Acceptable pack size: ½ pint (8 ounces) commercially acceptable containers.

Shall be either marked Kosher or accompanied by a letter certifying product to be Kosher. During Passover, must be Kosher for Passover.

276348 (Beverage, Milk 2% Pint) – pasteurized, homogenized Grade A liquid cow’s milk, Kosher, containing 2% milk fat and not less than 8.25% solids-not-fats. Fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contain in the Food and Drug Administration’s Standards of Identity for Milk (21 CFR Part 131), manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CFR Part 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” date. Acceptable pack size: 1 pint (16 ounces) commercially acceptable containers.

Shall be either marked Kosher or accompanied by a letter certifying product to be Kosher. During Passover, must be Kosher for Passover.

320083 (Beverage, Milk Bulk 2%) - pasteurized, homogenized Grade A liquid cow’s milk, Kosher, containing 2% milk fat and not less than 8.25% solids-not-fats. Fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standard of Identity for Milk (21 CFR Part 131) manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” date.

Acceptable pack size 5 gallon sealed poly containers with integral dispensing tubes.

Shall be either marked Kosher or accompanied by a letter certifying product to be Kosher. During Passover, must be Kosher for Passover.

206648 (Beverage, Milk, Skim, ½ Pint) - pasteurized, homogenized Grade A liquid cow’s milk, Kosher, containing less than 0.5% milk fat and not less than 8.25% solids-not-fats. Fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standard of Identity for Milk (21 CFR Part 131) manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” date. Packaged in ½ pint (8 ounces) commercially acceptable containers. Shall be either marked Kosher or accompanied by a letter certifying product to be Kosher. During Passover, must be Kosher for Passover.

276347 (Beverage,Milk,Skim,Bulk,5GAL Bag) - pasteurized, homogenized Grade A liquid cow’s milk, Kosher, containing less than 0.5% milk fat and not less than 8.25% solids-not-fats. Fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standard of Identity for Milk (21 CFR Part 131) manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” date. Packaged in 5 gallon sealed poly containers with integral dispensing tubes. Shall be either marked Kosher or accompanied by a letter certifying product to be Kosher. During Passover, must be Kosher for Passover.

320084 (Beverage, Milk, Chocolate, 1%, ½ Pint) - pasteurized, homogenized Grade A, chocolate flavored liquid cow’s milk, containing 1% milk fat and not less than 8.25% solids-not-fats. Must be fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standards of Identity for Milk (21 CFR Part 131), manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” or “expiration” date. Acceptable pack size: ½ pint (8 ounces) commercially acceptable containers.

320085 (Beverage, Milk, Chocolate, 1%, Bulk) - pasteurized, homogenized Grade A, chocolate flavored liquid cow’s milk, containing 1% milk fat and not less than 8.25% solids-not-fats. Must be fortified with at least 2,000 IU vitamin A and at least 400 IU vitamin D per quart. Shall comply with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standards of Identity for Milk (21 CFR Part 131), manufacturing practices (21 CRF Part 110) and Nutrient content claims (21 CRF 101.62). Product when received must have a minimum of 10 days remaining before the stamped “sell by” date. Packaged in 5 gallon sealed poly containers with integral dispensing tubes.

292059 (Dairy, Cheese, Cottage, K*, 5LB/CNT) – Cottage cheese, Grade A, pasteurized, Kosher. Product shall comply with regulations included in with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standard of Identity for 21CFR part 133.128 for cottage cheese;

21CFR part 101.62 for nutrient claims for fat and 21CFR part 130.10 for foods named by use of a nutrient content claim and standardized term. Containing between 0.5% and 2% milk fat and not more than 80% moisture. When received, must have a minimum of at least 21 days remaining before the stamped “sell by” or “expiration” date from date of delivery. Shall either be marked Kosher or accompanied by a letter certifying Kosher. During Passover, must be Kosher for Passover. Acceptable pack size: Bulk; 5 lb commercially acceptable containers.

320086 (Dairy, Sour Cream, LF, 5LB-CNT) - Sour Cream, Grade A, pasteurized.

Product shall comply with regulations included in with all applicable Federal regulations including those contained in the Food and Drug Administration’s Standard of Identity for 21CFR part 131.160 for sour cream; 21CFR part 101.56 for nutrient claims for fat and 21CFR part 130.10 for foods named by use of a nutrient content claim and standardized term. Shall contain 3 grams or less of fat per 50 grams of product and 6.0 percent or less of total fat. When received, must have a minimum of at least 30 days remaining on shelf life before the stamped “sell by” or “expiration” date. Acceptable pack size: Bulk; 5 lb commercially acceptable container.

293899 (Iced Tea, Diet, ½ Pints) - Beverage, ICED TEA, DIET, calcium fortified, low calorie. 8 fluid ounces must provide a minimum of 30 mg calcium and a maximum of 10 calories. May be sweetened with a combination of sugar and a non-nutritive sweetener, ½ pint containers.

293898 (Orange Drink, Carb-Smart, ½ Pints) - Beverage, ORANGE DRINK, CARB- SMART, calcium fortified, low calorie. 8 fluid ounces must provide a minimum of 30 mg calcium and a maximum of 10 calories. May be sweetened with a combination of sugar and a non-nutritive sweetener, ½ pint containers.

ATTACHMENT E

MINIMUM QUALIFICATIONS TO RESPOND TO MILK PRODUCTS ITQ

Non-acceptance of or noncompliance with any minimum qualification, or modification of, or the placing of conditions on acceptance or compliance with any of the minimum qualifications, in whole or in part, may result in disqualification.

All the questions listed below must be answered. In the event of a “No” answer to any question, please accept our appreciation for your interest, and understand that, since CWOPA requires a minimum level of qualification, your proposal may be deemed non-responsive.

This document applies to items listed in the ITQ. Please check all of the items that you will be interested in supplying.

Please supply the case amounts

Item 1 – 209844 (Beverage, Milk 2% ½ PT) ______ 1/2 pints per cs

Item 2 – 276348 (Beverage, Milk 2% Pint) ______ pints per cs

Item 3 - 320083 (Beverage, Milk Bulk 2%)

Item 4 – 206648 (Beverage, Milk, Skim, ½ Pint) ______ ½ pints per cs

Item 5 – 276347 (Beverage,Milk,Skim,Bulk,5GAL Bag)

Item 6 – 320084 (Beverage, Milk, Chocolate, 1%, ½ Pint) ______ ½ pints per cs

Item 7 – 320085 (Beverage, Milk, Chocolate, 1%, Bulk)

Item 8 – 292059 (Dairy, Cheese, Cottage, K*, 5LB/CNT)

Item 9 – 320086 (Dairy, Sour Cream, LF, 5LB-CNT)

Item 10 – 293899 (Iced Tea, Diet, ½ Pints) ______ ½ pints per cs

Item 11 – 293898 (Orange Drink, Carb-Smart, ½ Pints) ______ ½ pints per cs

CHECK “YES” TO ACCEPT or CHECK “NO” TO REJECT.

Yes No

1. Do you agree to provide milk products to the Department of Corrections as listed in Attachment E?

2. Do you agree to provide a dedicated Customer Service Team as described in Part V - 6 of the ITQ?

3. Do you agree to provide a dedicated Account Manager that will perform the duties described in Part V - 7 of the ITQ?

4. Do you agree to ship all milk products FOB Destination, and in accordance with the delivery timeframe set forth in Part V – 8 of the

ITQ?

5. Do you agree to provide quality milk and dairy products according to the DOC Specifications as described in Attachment D?

6. Do you agree to provide quality milk and dairy products without making product substitutions without prior approval to do so from DOC?

7. Do you agree to maintain Order Fill Rates as described in Part V – 8 d of the ITQ?

8. Do you agree to the Ordering parameters set forth in Part V – 8 of the

ITQ?

9. Do you agree to the Returns parameters set forth in Part V – 10 of the

ITQ?

10. Do you agree to the Invoicing parameters set forth in Part V – 11 of the ITQ?

11. Do you have a Disaster Recovery Plan in place? If so, describe details.

12. Upon checking this yes box you are agreeing to all of the Milk and Dairy Products special instructions and conditions as outlined in this ITQ and all of the Attachments.

Check the institutions to which you will be able to supply Milk and Dairy products

____ SCI Albion ____ SCI Huntingdon

____ SCI Cambridge Springs ____ SCI Laurel Highlands

____ SCI Camp Hill ____ SCI Mahanoy

____ SCI Chester ____ SCI Mercer

____ SCI Coal Township ____ SCI Muncy

____ SCI Cresson ____ SCI Pine Grove

____ SCI Dallas ____ SCI Pittsburgh

____ SCI Fayette ____ SCI Retreat

____ SCI Forest ____ SCI Rockview

____ SCI Frackville ____ SCI Smithfield

____ SCI Graterford ____ SCI Somerset

____ SCI Greene ____ SCI Waymart

____ SCI Greensburg ____ Elizabethtown Training Academy

____ SCI Houtzdale ____ Quehanna Boot Camp

A

TTA

C H

M

EN

T F Institution Population

Inm ates &

Staff Street A ddress (N o P.O . B oxes)

PO

B ox

C ity

Zip C ode

S C

I - C oal Tow nship

1 K elly D rive S ham okin, P

A 17866-1020

S C

I - D allas

1000 Follies R oad D allas, P A

18612

S C

I - Frackville

1111 A ltam ont B lvd.

Frackville, P A

17931-2699

S C

I - M ahanoy

301 M orea R oad

P . O

. B ox 491

Frackville, P A

17932

S C

I - M uncy

R

. D . 3, R oute 405 P

. O . B ox 180 M uncy, P A

17756

S C

I - R etreat

660 S tate R oute 11

H unlock C reek, P A

18621-9580

S C

I - W aym art

R oute 6

P . O

. B ox 256

W aym art, P A

18472-0256

S C

I - C am p H ill

2500 Lisburn R oad P

. O . B ox 8837 C am p H ill, P A

17001-8837

S C

I - C hester

500 E

. 4th S treet

C hester, P

A 19013

E lizabethtow n Training A cadem y

1451 N . M arket S treet

E lizabethtow n, P A

17022-1299

S C

I - G raterford

R oute 29 P

. O . B ox 246 G raterford, P A

19426

S C

I - C resson

O ld R oute 22

P . O

. B ox A

C resson, P

A 16630-0010

S C

I - H outzdale

209 Institution D rive H outzdale, P A

16698-1000

S C

I - H untingdon

1100 P ike S treet

H untingdon, P

A 16654-1112

S C

I - P ine G rove

189 Fyock R oad

Indiana, P A

15701

Q uehanna M otivational B oot C am p

4395 Q uehanna H ighw ay K arthaus, P A

16845

S C

I - R ockview

B ox A B ox A B ellefonte, P A

16823-0820

S C

I - S m ithfield

1120 P ike S treet P

. O . B ox 999 H untingdon, P A

16652

S C

I - Fayette

50 O verlook D rive LaB elle, P A

15450-1050

S C

I - G reene

169 P rogress D rive

W aynesburg, P

A 15370-2902

S C

I - G reensburg

165 S

C I Lane

G reensburg, P

A 15601

S C

I - Laurel H ighlands

5706 G lades P ike

P . O

. B ox 631

S om erset, P A

15501-0631

S C

I - P ittsburgh

3001 B eaver A venue

P ittsburgh, P

A 15233-0901

S C

I - S om erset

1…