27NUTRL4 - Attachment A - Final.docx

135 Santilli Highway, Everett, MA 02149 | 781.338.3000 | TTY: N.E.T. Relay (800).439.2370

Attachment A Purchase, Storage, Sell, and Delivery of MA Procured Products

Alternate ID #: 27NUTRL4 COMMBUYS Bid #: BD-27-1026-DOE02-DOE01-130526

INTRODUCTION

The MA Department of Elementary & Secondary Education (DESE), Food and Nutrition Department is seeking experienced distribution contractor to purchase, receive and/or pickup, store, sell, and deliver Massachusetts’s procured food products, including United States Department of Agriculture (USDA) Processed Food. The contractor will be fiscally responsible for the purchase of state-procured food products and be required to obtain a Processor-Distributor Agreement for all USDA Processed Foods. The contractor must also have adequate warehouse and fleet capacities to receive, store and/or deliver food products in a safe and sanitary manner; make deliveries on a regularly pre-scheduled biweekly basis, with weekly being preferred, or as otherwise mutually agreed upon by any Recipient Agency (RA); and must provide the Department monitoring of inventory including, but not limited to, stock status, product utilization, expiration/best if used by dates, daily sales, and NOI discounts. All Department required reports must be prompt, precise and sent in an electronic manner.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFR CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

SCOPE OF SERVICES AND PERFORMANCE REQUIREMENTS

A. PURPOSE

The purpose of the Request for response (RFR) is to select contractors for purchasing, warehousing and delivering MA state procured food products, including USDA Foods processed foods to recipient agencies, by region, within Massachusetts. This RFR is directed toward firms that currently either have or propose to acquire, prior to contract award, adequate warehouse facilities and/or delivery equipment to handle additional volumes of foods including dry, frozen and chilled items.

Contractors are advised that the receipt, storage and delivery of USDA Processed Foods must be in accordance with all Federal laws and USDA rules, policies and regulations and Massachusetts statutes and regulations or comparable state statutes and regulations if located outside of Massachusetts:

Contractor shall comply with the current and all subsequent revision requirements of USDA/FNS Instructions 709-5, Rev 3 dated March 13, 2019, regarding the shipment and receipt of foods.

Shipment and Receipt of USDA Foods | Food and Nutrition Service Title7 Code of Federal Regulations, 7 CFR Part 250 eCFR: 7 CFR Part 250 -- Donation of Foods for Use in the United States, Its Territories and Possessions and Areas Under Its Jurisdiction

Massachusetts Department of Public Health Regulations 105 CMR 500.000-Good Manufacturing Practices for Food and 21 CFR Part 110.00: Current Good Manufacturing Practice https://www.mass.gov/lists/food-protection-program-regulations

Warehouse facilities and warehousing practices must be in compliance with the United States Food, Drug and Cosmetic Act and any applicable Massachusetts statutes or comparable state food laws if the warehouse is outside of Massachusetts.

B. SUMMARY OF KEY POINTS INCLUDED IN REQUEST FOR RESPONSES

1. Scope: The Commonwealth of Massachusetts, Department of Elementary and Secondary Education, Office for Food and Nutrition Programs hereinafter referred to as “the Department”, proposes to contract with an experienced distribution contractors to purchase, warehouse and deliver MA state procured foods, including United States Department of Agriculture USDA processed foods to schools, child and adult care centers, and other recipient agencies including Disaster Assistance Organizations in Massachusetts.

2. Regions: Contracts are solicited by regions. A bidder may submit a response to serve one or more of the four regions shown on the map. The Department will consider all warehouses regardless of where they are located compared to the region for which they bid.

a. Region 1 (Greater Boston): ~82 Recipient Agencies

b. Region 2 (Southeast Mass): ~120 Recipient Agencies

c. Region 3 (Central Mass): ~110 Recipient Agencies

d. Region 4 (Western Mass): ~74 Recipient Agencies

3. Volume: The volume of MA procured foods is approximately 18,000 cases per year with a total value of approximately $1.1 million based on current 2026 data.

4. Purchasing: The Contractor will be fiscally responsible for the purchases of all MA state procured food products.

i. Commercial Only Food Products: The Contractor will sell the commercial products to MA RAs at the agreed-upon procured price.

ii. Processed Commercial Food Products: The Contractor will sell the processed commercial products to MA RAs at the agreed-upon procured price minus the value for the USDA Foods as a Net Office Invoice (NOI) discount.

5. Warehousing

a. Storage Requirements: Facility must have proper storage capacities in frozen, chilled, and dry environments, all located at one (1) site.

i. Facility must have adequate aisle staging and dock space to accommodate the storage requirements. See section F. Warehousing for further details.

ii. If quantities of food rise beyond current estimates the facility will be expected to handle all food allocated to it. The State bears no fiscal responsibility to the facility if quantities drop below or rise above current estimates.

iii. All MA procured foods designated for MA RAs must be stored in a manner that distinguishes them from all non-MA (commercial) foods, including separated inventory recordkeeping.

iv. If the facility also services multiple state’s USDA Foods, those designated for Massachusetts must be stored in a manner that distinguishes them from the other states. (ex. color-coded product labels)

v. Compliance with all Federal, State, and local food safety regulations, including required health inspections and procedures for responding to a food recall.

b. Inventory Turns: Contracts will cover a 90-day storage dwell time for each inbound shipment.

c. Product Arrivals:

i. Some products will be delivered directly to the Contractor’s facility, either slip sheeted, palletized or floor stacked for unloading by the receiver.

ii. Some products will need to be picked up from the vendor by the Contractor for warehousing at the Contractor’s facility. The Contractor will be responsible for coordinating pickup dates/times with the vendor.

d. Inbound Shipments: The Department will provide the product sales information report prior to the start of the new school year, and anytime new sales order are placed or as otherwise requested by the Contractor.

i. Sales reports detail incoming products and expected delivery timeframes.

e. Notice of Arrival: Contractors must notify the Department by the next business day of receiving the Foods.

6. Deliveries

a. Sites: Deliveries are to be made either to food preparation sites, agency operated warehouses, or other warehouses at the predetermined option of a recipient agency.

b. Schedules and Drop Sizes: Deliveries are to be made in response to orders submitted by recipient agencies in advance, in accordance with pre-scheduled delivery days as determined by the Contractor and Recipient Agency. RA’s will have the option, at a minimum, for biweekly deliveries, with weekly being preferred, or as otherwise mutually agreed upon. Contractors must provide a 20-case minimum delivery, with a 15-case minimum delivery preferred.

c. Delivery Hours: 7:00 a.m. to 3:00 p.m., unless another mutually agreed upon time is determined with the RA.

d. Recipient Agency Allocation Forms: The Department will transmit Recipient Agency Food allocation reports, by electronic data transfer, upon notification of product expected to be picked up or delivered to the warehouse. The RA’s order and delivery date will be placed using the warehouse’s online ordering system.

e. Warehouse Charges: Fees must be quoted on a flat rate basis, e.g., one consolidated fee for frozen, chilled, and dry foods based on the data presented.

i. Storage fees must include 90 days dwell time. Dwell time starts the day the Contractor has reported receipted the delivery to the Department.

ii. A separate 30-day storage fee must be offered for storage beyond the 90-day dwell time.

iii. Warehouse fees must also include pickup at warehouses on Recipient Agency operated or appointed trucks.

iv. Recipient agencies will have 30 days (60-days max), from the day each product is allocated into their accounts, to get them delivered. The contractor must provide product aging reports to the RAs to ensure products are delivered prior to the 30-day cutoff.

v. Warehouse fee increases shall not be allowed for the duration of the contract.

f. Delivery Charges: Delivery fees must be quoted on a flat rate basis, e.g., one consolidated fee for frozen, chilled, and dry product. Offerors must submit delivery RFR fees as follows (with a 15-case minimum delivery option being preferred):

i. One fee delivery for the following delivery quantity structure:

a. 15-19 cases (optional but preferred)

b. 20-49 cases

c. 50-99 cases

d. 100-199 cases

e. 200+ cases

ii. Fee per case to pick up at warehouse on Recipient Agency operated or appointed trucks.

g. Automation: During the contract period, the Department may be updating procedures and automation systems including but not limited to the implementation of USDA’s Web Based Supply Chain Management (WBSCM) automation system and additional means for electronic capabilities of sending, receiving, processing or transmitting data between the Department, Contractors and Recipient Agencies .

h. Payment: Contractor will invoice the Department monthly for warehousing/ storage fees and invoice recipient agencies either after each delivery or monthly for delivery and commercial product fees, minus NOI if applicable.

i. Contractors are advised that invoices to the Department for warehousing may not be paid until up to 45 Days unless a Prompt Payment Discount is offered and that interest charges will not be paid.

ii. The final payment for each fiscal year will be processed after reconciliation of physical inventories has been completed for the applicable fiscal year. Any physical inventory discrepancies will be calculated in accordance with federal regulations and guidelines.

iii. Any invoices resulting from discrepancies must be paid within 30 days. Credit will not be applied to outstanding invoices from the Contractor.

iv. Invoices must be dated to coincide with the state fiscal year of July 1-June 30. Invoices must not cross fiscal years.

v. The Contractor shall submit invoices to the RAs after each delivery or monthly, or at other mutually agreed intervals. Each invoice for delivery and commercial product purchase shall include a summary of deliveries for the period and NOI discounts for each product when applicable. Each referenced order shall be listed in numerical sequence and show the total number of cases, bags or other such items delivered along with any discounts.

i. Records: Contractors must maintain complete and accurate records regarding the receipt, distribution and inventory of all MA state procured Foods. To adequately provide reports in a timely manner, an offeror should have adequate computer equipment and programs, and have the capacity to provide the Department with on-line access to inventory.

j. Duration of Contract: 1 year (July 1, 2026 – June 30, 2027).

k. Contract Cancellation and Subcontracting: The agreement may be cancelled by either party within 120 days’ written notice or within 10 days’ written notice by the Department for noncompliance. Contractors shall be completely responsible for the cost of transferring residual merchandise to other points designated by the Department in the event of cancellation.

l. Evaluation Criteria: Contracts will be awarded at the discretion of the Department based on the best offer for service and most economical costs. To this end, offers will be evaluated on several criteria as follow:

a. Services provided to the Department and Recipient Agencies.

b. Fees charged.

c. Pickup and/or delivery schedule/frequency.

d. Physical facilities and equipment available.

e. Technology capability such as but not limited to: internet access, email, online ordering, upload/download transmission of data, on-line inventory access, and document scanning.

f. Demonstrated performance.

g. Good standing with the Department

h. Simplicity and cost for the Department to manage.

i. Simplicity and cost to recipient agencies.

j. Financial stability of offeror.

k. Reporting system and sample reports provided.

l. Strength of Supplier Diversity Plan.

m. Strength of Environmental Purchasing Plan.

n. Department and recipient agency preferences.

A Contractor’s offer may be rejected if there are serious shortfalls in one or more of the foregoing criteria.

C. RECEIVING

1. Receiving Procedures: Since a Contractor is responsible for all MA procured foods received, the same care must be exercised in receiving MA foods as for his own products. Loads must be inspected on arrival/pickup for product condition and temperature and for damage and infestation. Procedures for receiving inbound freight are as follows:

a. Inspect all products for condition, temperature, and infestation on arrival/pickup and verify accuracy of count and acceptability.

b. Record and communicate any product date coding information provided on the products.

c. The contractor shall examine all shipments/pickups for possible shortage or damage

i. and shall immediately notify the Department of any shortage or damage or out-of-condition foods.

ii. Contractors must document the damage with a digital camera and forward the pictures via email to the Department before the truck is unloaded. Foods found unfit for human consumption shall be disposed of in accordance with specific instructions to be given in each case by the Department.

iii. Complete the MA Foods Damage-Loss Report, and forward to the Department.

i. The Contractor is also responsible for the following:

1. Assuming all freight demurrage and detention charges.

2. Bracing or leveling stop-off shipments for further movement and for removing all damage or debris from trucks and piggybacks.

3. Having sufficient warehouse space to absorb all inbound freight at abnormal peak loads at no additional cost to the Department or recipient agencies.

4. Rotating all stock on a first-in, first-out basis except where production date or shelf-life data indicates the product is older. In such cases, the older product will be shipped first. The Contractor will provide evidence of stock rotation for review by the Department.

F. WAREHOUSING

Contract warehouse facilities utilized to service recipient agencies must be of adequate size to warehouse the foods indicated in this document, including unusual surges in inventories of frozen, chilled and dry foods, as well as expansions in the number of items. Contractors must provide documentation of ownership or lease of warehouse facilities.

The Department reserves the right to examine an offeror’s facilities to assure that the above qualifications are met prior to award of a contract. The Department’s decision as to the adequacy of a facility will be final.

Space Requirements: The Contractor must have adequate warehouse space to warehouse and protect products in accordance with the Massachusetts Department of Public Health Regulations 105 CMR 500.000-Good Manufacturing Practices for Food and 21 CFR Part 110.00: Current Good Manufacturing Practice, https://www.mass.gov/lists/food-protection-program-regulations The projected space requirements for the various item groups are as follows:

a. Dry Groceries-Regular Care: These are predominantly canned items which can be stored in a well ventilated or cooled dry space.

b. Dry Groceries-Special Care: These are packaged, bagged or canned items which may require special care to prevent infestation or quality slippage and thus may require storage in air conditioned (or refrigerated) space during hot periods.

c. Frozen: These items require storage at zero degrees F. Because of the high demand for frozen items, they normally turn somewhat faster than dry items.

d. Chilled: These items must be stored in refrigerated space at temperatures and humidity in accordance with Massachusetts Department of Public Health regulations 105 CMR 500.000-Good Manufacturing Practices for Food and 21 CFR Part 110.00: Current Good Manufacturing Practice https://www.mass.gov/lists/food-protection-program-regulations

1. Sanitation & Temperature Requirements: A Contractor will store, manage, and transport USDA Foods in conditions that are sanitary, at proper temperature and humidity, and with adequate air circulation. The warehouse will be inspected annually by USDA, Comptroller General, and/or Department officials for sanitation and temperature requirements. At all times warehouse facilities and warehousing practices must be in compliance with Massachusetts Department of Public Health regulations 105 CMR 500.000-Good Manufacturing Practices for Food and 21 CFR Part 110.00 and the United States Food, Drug and Cosmetic Act.

a. The Contractor must provide the firm’s most recent health inspection certificate prior to contract approval.

b. Contractors must maintain daily logs on the temperature in all freezers, refrigerated or air conditioned and dry storage rooms.

c. Contractors must agree to additional inspections by USDA or state officials if requested by the Department.

2. Inventory Practices: The contractor shall rotate all stock on a first-in, first-out basis except where production date or shelf life data indicates the product is older. In such cases, the older product will be shipped first.

a. Perpetual Inventory: The Contractor shall maintain perpetual inventory of MA procured foods and processed foods made from USDA donated foods. Moreover, the Contractor shall provide the Department with electronic monthly inventory reports and monthly audit transaction reports valued as of the last day of the month on the first business day of the opening month. Inventory reports must mimic the USDA FNS-155 format:

· List products by item code and description

· Amount on hand (units) at the beginning of the month

· Amount received

· Amount delivered to RA’s

· Any adjustments (with explanation)

· Ending balance on hand

· Expiration Dates

b. Monthly Audit Transaction Reports: shall show item code, beginning balance, ending balance, date of transaction, type of transaction, delivery order number and quantity shipped. Sample reports are to be submitted with the RFR response.

For disaster or emergency planning, or in the event of an actual disaster or emergency, Contractor will be required to provide within 1- 24 hours an electronic report of current inventory levels of all products on hand.

c. Physical Inventory: At a minimum, Contractors are required to conduct an annual physical inventory, usually during the last two weeks of June. Contractors will not be allowed to receive or ship any food products into or out of the Department’s account during these two weeks. The Contractor must provide adequate staff and equipment to ensure an accurate count in an efficient manner for the duration of the physical inventory. The Department reserves the right to require the Contractor to conduct a physical inventory at any time.

d. Inventory Discrepancies: Should overage and shortage discrepancies between physical inventory and book inventory exist, such discrepancies shall be reconciled. Overages and shortages of foods will be settled by computing the value of such shortages and overages based on the “unit value” established by the Department, at the time of the procurement.

· If the value of shortages exceeds the value of overages, a monetary, settlement for the differences in value will be required by the Contractor.

· If the value of overages exceeds the value of shortages, no settlement will be made.

· Book inventory will be adjusted after settlement to correspond with physical inventory, but no later than June 30 of the end of the fiscal year to which they pertain.

Once the physical inventory has been reconciled by both parties, it will be final. The Department will not allow prior year adjustments to be carried into current or subsequent years.

e. Product Damage after receipt: Any product damaged while in the care of the Contractor is to be reported to the Department immediately, including documentation of such damage with digital photos and completion of the Department’s Foods Damage-Loss Report. The Department will provide instructions to the Contractor regarding the disposition of the damaged product. The Contractor shall be financially responsible for all Foods released into his care.

1. Delivery Shortages: If the Contractor initially fails to provide or deliver a product in stock, the Contractor shall make delivery on the following scheduled delivery day at no extra charge.

a. Any other arrangement must be agreed to by the Department and recipient agency. Special deliveries are only required if the Contractor fails to deliver an ordered product that is in stock.

b. The Contractor is expected to make deliveries to complete an order or correct delivery errors on makeup days within a reasonable time frame agreed upon by the Contractor, Department, and RA.

2. Delivery Drop Areas and Confirmation: Drivers shall deliver MA procured foods to designated receiving areas. Recognized designated areas at food preparation sites are inside the door of a walk-in dry area, freezer or cooler. Drivers shall not be required to stow the Foods on shelves nor stack in reach-in coolers, freezers or other cabinets, or to rotate stock. Recipient agencies are not required to help the driver unload.

Drivers shall request an authorized receiver to verify accuracy of items, quantities of each item, total quantities and condition of the Foods. Each delivery ticket must be receipted (signed) by the recipient agency and driver. Signatures must be legible. Variations from the norm, e.g., shortages or damages, shall be noted on each ticket by the recipient agency, and initialed by both the driver and the recipient agency.

The recognized drop area at RA warehouses is across the receiving platform. Orders across a Contractor’s warehouse platform shall be at an out loading door. All orders destined for a receptor warehouse whether for delivery or pick up may be made on exchangeable or returnable pallets.

3. Delivery Equipment: Contractors may deliver donated foods in compartmentalized or straight vans containing donated foods only or with other foods commercially supplied, as long as other terms of the contract are satisfied.

a. All foods may not be stored or delivered with agricultural or other chemicals, which may diminish the quality or safety of the donated foods.

b. Frozen, chilled and dry foods must be picked up and delivered under acceptable and strictly controlled temperatures and sanitary conditions in accordance with Massachusetts Department of Public Health regulations 105 CMR 500.000-Good Manufacturing Practices for Food and 21 CFR Part 110.00 Current Good Manufacturing Practices.

H. INSURANCE AND BOND REQUIREMENT

Contractors must purchase and maintain at their expense the following types of insurance and provide certificates within 30-days of the awarding of the contract.

a. The Department requires a complete and valid certificate of insurance prior to the commencement of any service or activity specified in this solicitation. Such certificate shall include a commitment to provide the Department thirty (30) days advance notice of cancellation or nonrenewal. The Department will notify the successful Contractor of the intent to issue a contract award. The successful Contractor must at that time submit an original copy of the Certificate of Insurance for Coverage in the minimum amounts stated. The coverage shall be maintained in full force during the term of the contract and shall not serve to limit any liabilities or any other Contractor obligations.

b. “All Risk” escalating warehouse contents insurance with coverage equal to the cost value of the donated foods in its possession at any time, with an estimated minimum of $1.1 Million Dollars. Contractors must submit a copy of the Certificate of Insurance for the following fiscal year by June 30th of the preceding year.

c. The insurance coverage is to protect the value of the Foods stored at the Contractor’s facility per 7 CFR 250.12(f)(5).

d. Performance Bond-Within thirty (30) calendar days of the effective date of the contract, the Contractor shall procure and submit to the Department and maintain a performance bond in the amount of twenty-five thousand dollars ($25,000) for the contract life. The performance bond shall be obtained through a surety company licensed to do business with federal and State with all fees current. Contractors must submit a copy of the Performance Bond for the following fiscal year by June 30th of the preceding year.

The performance bond shall be forfeited under the following circumstances:

· The Contract is terminated for cause.

· The Contract is terminated for breach of contract.

· The Contract is terminated because the Contractor files for bankruptcy.

The reason for the $25,000 level is to defray the cost to the Department of redirecting inbound shipments and/or transferring stock in the event of contract cancellation.

I. COMPUTER REQUIREMENTS AND REPORTS

a. The Contractor must have computer and technology support capabilities to provide and transmit electronically the necessary tracking systems and monthly activity reports as required.

b. The contractor must provide the ability for the Department to access online inventory.

1. Contractors must have computer capability to perform these essential tasks:

a. Prevent overdrawing of allocations by RA’s.

b. Provide notices of deliveries made to recipient agencies.

c. Provide monthly reports on residual stocks by items and recipient agency

d. Inventory levels by items with expiration dates

e. Notices of storage charges for over dwells.

f. Submit monthly transaction reports detailing distribution by product and recipient agencies.

2. The Contractor shall maintain records fully accounting for receipt and disposition of all foods. Such records must be maintained for three (3) years following the close of the federal fiscal year to which they pertain and must be available for review at any reasonable time upon request of either the USDA, the Department, or the U.S. Comptroller General.

a. For the purposes of Federal or State audit, the Contractor must maintain an audit trail between computer printouts and delivery orders numbers.

b. Delivery orders must be stored in an organized and easily accessible manner either numerically or chronologically.

c. Delivery orders may be audited at the Contractor’s warehouse or the Contractor may be required to deliver them to allocation designated by the Department.

d. Delivery orders may be audited on a sample, or entire lot basis.

J. FINANCIAL ARRANGEMENTS.

1. Payments for Shortages and Damages: The Contractor shall be financially responsible for all Foods released into his care and shall assume and bear the risk of all loss, spoilage, damage, or theft to the Foods while the same is in his possession or control. This includes loss due to flood, fire, or natural disaster.

a. Contractors must carry insurance on the products in his care, be financially responsible for shortages and damages, and submit reports as may be required.

b. Damages shall include, but are not limited to, infestation of product due to improper storage conditions, as well as physical damage to containers, including serious dents or rust due to humidity and/or inadequate air circulation.

Damages: If losses occur due to damage or for other related reasons, the Contractor must notify the Department immediately for further instruction and reimburse the Department.

a. The department is not responsible for disposal costs due to damage while the product is in the care of the Contractor. For example, if a pallet of vegetable oil packed in 46-pound cartons topple and the contents of three bottles are spilled on the floor, the Contractor must reimburse the Department for the value of the three bottles of oil.

2. Financial Stability: Successful offerors must have adequate financial resources to sustain operations and must provide financial statements for the past 2 years with the RFR response. Information, including a detailed description of any company bankruptcy proceeding, name changes, litigation, including pending litigation, and any defaults on contracts, that have occurred within the last five (5 years) shall be provided with the RFR response.

K. PRICING

Pricing for the distribution of donated foods in the manner described will be received at the location indicated on the cover page. Reponses will be publicly opened and the appropriate dollar amounts announced, but the successful bidder will not be determined until the offers are evaluated in terms of the evaluation criteria.

L. GENERAL RFR CONDITIONS

1. Agreement Period: At the termination of the contract, the outgoing Contractor may be obligated for a period of 30 days to release residual product on exchangeable pallets to an alternate warehouse as designated by the Department.

2. Incurred Costs: The Department is not liable for any cost incurred by the Contractor prior to the effective date of the contract.

3. Addenda to the RFR: If it becomes necessary to revise any part of this RFR, addenda will be available in accordance with all procurement laws and Comm-Pass instructions.

4. Quantities: It shall be understood by all parties concerned that any agreement established as a result of this RFR will not oblige the Department to a specific quantity (number of cases). The quantities shown are annual estimates and may vary from year to year. However, the quantities shown are the results of historical tabulations.

5. Price: Financials from bidders shall be quoted on a per case basis in strict accordance with this Request for Response. A single fee shall be stated for dry products, cooler, and freezer items. Delivery fees stated are all inclusive and no other charges shall be assessed. Enter your RFR charge(s) on the appropriate line(s) on the RFR sheet.

6. Delivery Routes: For planning purposes and ability to operate an effective and efficient Food Service Program, a Recipient Agency must know when deliveries will occur. Once the Department awards the contract, the Contractor will provide to the Department route assignments for the school year within 10 working days. Within 45 days, the Contractor will provide written notification to the Recipient Agency the day of the week delivery will be completed.

7. Additions to the Recipients List: The Department reserves the right to add or delete recipients to this program during the term of the agreement. Contractors also agree to provide service at the RFR prices for any new recipient agencies that may be allowed to change from one warehouse region to another for cause.

1. Contract Termination: A Contract shall terminate on the date specified in a Contract, unless this date is properly amended in accordance with all applicable laws and regulations prior to this date, or unless terminated or suspended under this Section upon prior written notice to the Contractor. The Department may terminate a Contract without cause and without penalty, or may terminate or suspend a Contract if the Contractor breaches any material term or condition or fails to perform or fulfill any material obligation required by a Contract, or in the event of an elimination of an appropriation or availability of sufficient funds for the purposes of a Contract, or in the event of an unforeseen public emergency mandating immediate Department action. Upon immediate notification to the other party, neither the Department nor the Contractor shall be deemed to be in breach for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor’s control. Contractors shall be completely responsible for the cost of transferring residual merchandise to other points in the event of cancellation.

M. SPECIAL RFR CONDITIONS

1. This RFR is subject to all of the provisions of Federal and State statues and any revisions thereto.

2. Contractors shall be liable for gross receipt taxes in accordance with State statues.

3. In the case of default by the Contractor, or failure to deliver the services ordered by the time specified, the Department, after notice in writing, may procure them from other sources and hold the contractor responsible for any excess cost occasioned thereby

4. Contractor’s Declarations: By my signature on this response, I certify that this response is made without prior understanding, agreement or connection with any corporation, firm or person submitting a response for the same service, and is in all respects fair and without collusion or fraud. I understand collusion is a violation of the Federal law and can result in fines, prison sentences and civil damage awards.

5. This agreement shall be governed in all respects as to validity, construction, capacity, and performance or otherwise by the laws of the Commonwealth of Massachusetts and laws, regulations and policies of the USDA.

6. Modifications, additions or changes to the terms and conditions of this RFR may be a cause for rejections of any offer.

7. Contractor shall perform background checks on all drivers or any staff with access to Recipient Agency’s facilities in accordance with H4307 “An Act Relative to Background Checks”. Delivery driver identification badges are encouraged and may be required by Recipient Agencies.

N. SUBMISSION REQUIREMENTS

The following documents must be submitted as part of the RFR package:

1. RFR Fee Sheets-The attached RFR Fee Sheets must be used to submit RFRs for warehousing only, delivery only or warehousing and delivery.

2. Contractor Data Sheet-a full explanation of all information requested.

3. Current license to operate in accordance with Massachusetts General Laws, Chapter 94, Section 305 C issued by the Massachusetts Department of Public Health, Food and Drug and the most recent inspection report conducted by the Massachusetts Department of Public Health, Food and Drug or comparable state license(s) and inspection report if the warehouse is outside of Massachusetts.

4. Company experience-bidders will be required to submit with their RFR response a detailed company profile providing company background information, experience and qualifications, etc. with a copy of the company organization chart.

5. References and reference information and/or requirements - bidders MUST submit contact information for three (3) references that includes: name of company, contact name, telephone number, description of work provided, and dollar value of contract. The Department will make a reasonable effort to contact the references given, but if the Department is unable to obtain a reference, the bidder’s score will be negatively impacted.

The Department reserves the right to utilize information gathered from references, historical information or other sources when scoring responses. A past history of poor performance may negatively impact a bidder’s score. Bidders are also required to provide at a minimum three (3) reference from an institutional account, or from the largest customers in MA if available.

6. Contractor shall submit Continuity of Operations Plan, Food Defense Plan and Food Recall Procedures.

7. Reporting Paperwork - Bidders will submit samples of all reporting-related paperwork that will be provided to the Department on daily, weekly or monthly basis, and sample invoice for payment of storage services.

8. Delivery Paperwork to Recipient Agency - Bidders will submit samples of all delivery paperwork that will be provided to Recipient Agency upon delivery of USDA Foods and sample invoice for payment of delivery services.

9. Prompt Payment Discount Form

10. Attachment B – Contact Information Form

Other State forms posted to COMMBUYS are read only, at the time of submission, and are not required to be uploaded at the time of response. Awarded vendors will be required to agree to/complete additional forms. (see screenshot below)

Responses MUST be uploaded to COMMBUYS. Responses not posted to COMMBUYS by the deadline will not be considered for evaluation. Do not Email and/or mail responses to the department.

In order to respond to this RFR, please register on the COMMBUYS website. If you need assistance with registering please contact the COMMBUYS helpdesk at: OSDHelpDesk@mass.gov or (888) 627-8283 or (617) 720-3197.

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