28326-JB_RFB_Prime_Vendor_Food.pdf

Prime Vendor Food Distributor

RFB 28326-JB

Issued: April 2, 2021

Responses Due: May 6, 2021 at 2:00 PM CST

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1. INTRODUCTION AND DEFINITIONS

1.1 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2 OVERVIEW OF PROCURING AGENCY, BACKGROUND, AND OBJECTIVES

1.3 AUTHORIZED USER PROFILES

1.4 FOOD PRODUCT EXCEPTIONS

1.5 CONTRACT TERM

1.6 MODIFICATIONS OF CONTRACT

1.7 ORDER OF PRECEDENCE

1.8 COOPERATIVE PURCHASING SERVICES

1.9 RESPONDING TO BID REQUIREMENTS

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

3 MANDATORY SPECIFICATIONS OF BID

3.1 PRODUCT QUALITY

3.2 DELIVERY REQUIREMENTS, CONDITIONS, AND SECURITY

3.3 VENDOR FACILITIES AND OPERATING PROCEDURES

3.4 ELECTRONIC ORDERING AND REPORTING

3.5 BACK ORDERS AND SUBSTITUTIONS

3.6 WAUPUN DAIRY PRODUCT DELIVERY REQUIREMENTS

3.7 CONTRACT REQUIREMENTS

3.8 VALUE-ADDED SERVICES – OPTIONAL

3.9 GENERAL SUPPORT AND CUSTOMER SERVICE REQUIREMENTS

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 LIQUIDATED DAMAGES

4.2 CONTRACT AUDITS AND CREDITS

4.3 FRATERNIZATION/AGENCY WORK RULES

4.4 PAYMENT TERMS

4.5 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND BID PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 PRICE SHEET INSTRUCTIONS

5.3 BID PRICES

5.4 FUEL COST ADJUSTMENT

5.5 PRICE CLARIFICATIONS

5.6 PRICE ALLOWANCES

5.7 FIXED PRICE PERIOD FOR ORDERS

5.8 DUE DILIGENCE

5.9 FINANCIAL AUDIT

5.10 PRE-AWARD AUDIT

5.11 Post Award Price Verification/Audit

5.12 CONFIDENTIALITY

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 BIDDER CONFERENCE – SITE VISIT

6.6 SUBMITTING A BID

6.7 FORMAT OF BID RESPONSE

6.8 INCURRING COSTS

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 COOPERATIVE PURCHASING

7.6 BIDDER REFERENCES/CLIENT LIST

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7.7 USE OF SUBCONTRACTORS

7.8 FRATERNIZATION

7.9 SUPPLIER DIVERSITY

7.10 DEBARMENT

7.11 AWARD NOTIFICATION

7.12 PROTEST AND APPEALS PROCESS

8 REQUIRED FORMS

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1. INTRODUCTION AND DEFINITIONS

The State of Wisconsin, as represented by its Department of Administration (DOA), requests bids to establish a contract for a prime vendor for delivery of food products (fresh, frozen, dry, canned) and other commodities to institutions managed by five participating state agencies. Additional services include the collection and distribution of USDA food commodities and Waupun Dairy products.

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

ADA: Americans with Disabilities Act Agency: An office, department, Agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

ARO: After Receipt of Order Authorized Users: Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §16.70 (1b), (1e), (2), (4) and (8), §16.73 and §66.0301 of the Wisconsin Statutes and PRO-502 of the State Procurement Manual.

BCE DOC Bureau of Correctional Enterprises Bid: A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder: A person or firm that responds to this Request for Bid.

Bid Price: Shall be inclusive of all Required components as specified in this RFB and is the price that will be used in determining contract award.

Catalog: Bidder’s full product line that the bidder is willing to provide to Authorized Users

Commodity: A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Child and Adult Care Food Program:

The Child and Adult Care Food Program (CACFP) is a federal program that provides reimbursements for nutritious meals and snacks to eligible children and adults who are enrolled for care at participating child care centers, day care homes, and adult day care centers.

https://doa.wi.gov/ProcurementManual/Pages/PRO-502.aspx

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Contract: The written agreement between the successful Bidder and the State covering the commodities and Services to be performed pursuant to this RFB.

Contract Administrator: The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contractor: The person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual Services, or leasing real property to the Procuring Agency.

Contract Manager: The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Cooperative Purchasing: Municipalities and other States that have the ability to utilize the contract that results from this Request for Bid.

Core Order Guide: Products needed for Agencies menu requirements.

Cost: Invoice cost to the distributor and includes all invoice discounts taken by the distributor from the supplier.

DOA: Department of Administration DHS: Department of Health Services DMA: Department of Military Affairs DOC: Department of Corrections DPI: Department of Public Instruction DVA: Department of Veterans Affairs Delivery: Product delivered directly to each ordering location’s designated receiving area with the packing slip signed by the Agency ordering location purchasing representative or designee.

Department: The Department of Administration Disabled Veteran-Owned Business

(DVB):

A business that has been certified by the Department of Administration under Wis. Stat. §16.283.

Emergency Menu: Any event that disrupts the normal food service menu production. These include but are not limited to security restrictions, facility loss of power or water supply, lack of foodservice production staff caused by flu epidemic or facility lock-down.

FDA: Food and Drug Administration Fill Rate: Calculated by taking the number of cases actually delivered divided by the number of cases on initial order per delivery location.

FOB: Freight on Board Food Service Leader (FSL): Agency employee responsible for coordination, training, assisting, guiding, instructing, assigning, and reviewing the work in food production activities

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Food Service Manager (FSM): Agency employee responsible for the production and distribution of meals in a location/institution food service program, directly supervises, training and evaluation of Food Service Leaders

Hazard Analysis and Critical Control Point (HACCP):

is a seven-step process to minimize risks from food borne illness. HACCP programs involve evaluating and analyzing an organization’s processes to identify where hazards or risk of hazards could occur anywhere in the flow of the food.

Lock-down: Persons in the Care of the DOC (PIOC) are confined to their cells during a lock-down situation. This may be limited to one or more areas of a facility or it may be the entire facility.

The degree to which the event impacts the menu served, depends on the size of a facility and the amount of facility impacted. Bulk milk dispensers aren’t used when PIOC are unable to eat in the dining halls. Simple menu items, able to be made by unskilled facility staff, may need to be served because the skilled food service workers aren’t able to leave their cells. An alternate DOC delivery site will be requested for food when delivery trucks are restricted from entering DOC grounds because of a dangerous situation, such as PIOC taking facility staff hostage.

Market Basket: Items selected by each Agency which are a representation of the items that will be purchased by the State. These market basket items will be included in the cost abstract but is not inclusive of all items purchased.

Minority-Owned Business Enterprise (MBE):

A business that has been certified by the Department of Administration under Wis. Stat. §16.287

Municipality: Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (Wis. Stat §16.70(8)).

Must: Indicates the requirement is mandatory National School Lunch Program

(NSLP):

The NSLP is a federally assisted meal program operating in more than 94,000 public and nonprofit private schools and residential childcare institutions (RCCIs). It was established to provide nutritionally balanced, low-cost or free lunches to more than 30 million children each school day.

Non-Waupun Dairy Product:

Product not produced by Waupun Dairy (operated by Wisconsin DOC, Bureau of Correctional Enterprises) but purchased through the Prime Vendor

Opportunity Buy: A value priced product that may be available for an extended period of time. These items may have interruptions of availability based on supplier production and demand. Item may change by manufacturer but have similar ingredient and nutritional analysis.

Notice of (Intent to) Award: A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award a Commodity

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Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

PIOC Persons In Our Care Prime Vendor: vendor that this contract is awarded to with the intent of purchasing items from one or more of the following categories Dry Groceries; Canned Goods; Cereal; Frozen; Refrigerated;

Dietetic/Medical; Produce; Eggs; Cheese; Meats-Poultry-Fish;

Religious Menu Items; Baking Ingredients; as well as Occasional Chemicals, Paper Supplies and Miscellaneous Food Service Supplies.

Procurement Specialist: The individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions.

Product Listing (AKA) Core Order Guide:

listing of items currently purchased, including items purchased by the State that are not listed in the Market Basket. The manufacturer or distributor of brands currently used, along with product number and pack size are available for bidders to reference, upon request.

Purchasing Card (PCard): A charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

QP: Qualified Products SBOP: State Bureau of Procurement Safety data sheet (SDS): Written or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section.

Shall: Indicates the requirement is mandatory Specification: A descriptive statement of the physical, functional and performance characteristics of the Commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement".

Spot Buy: A one-time purchase item that will no longer be available once Prime Vendor’s inventory is depleted. This product does not meet the original manufacturers’ standards of distribution and is offered for sale at a reduced cost.

State: The State of Wisconsin Subcontractor: third party who contracts with the awarded contractor for the provision of services, which the contractor has contracted with the State to perform

UPC: Universal Product Code USDA: United States Department of Agriculture

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USDC: United State Department of Commerce Waupun Dairy: Dairy Plant operated by Wisconsin DOC, Bureau of Correctional

Enterprises, that produces skim milk in 5 gallon and half pint containers, and ice cream and sherbet in individual serving containers, for distribution to State of Wisconsin facilities

Vendor: A firm that is either interested in or will submit a bid in response to this Request for Bid.

1.1 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for a prime vendor for the provision of food products, fresh, frozen, dry, canned, and other commodities described in this solicitation, to the State of Wisconsin and Participating Agencies, on an as needed basis. The State of Wisconsin Department of Corrections (DOC), Department of Health Services (DHS), Department of Veteran’s Affairs (DVA), Department of Public Instruction (DPI), and Department of Military Affairs (DMA) are jointly entering this procurement and shall be referred to as “Participating Agencies” throughout this document. Department of Administration (DOA) will be conducting the procurement on behalf of the Participating Agencies and will act as lead agency in the procurement.

DOA, State Bureau of Procurement (SBOP) intends to use the results of this process to award a prime vendor contract for the provision of food products, fresh, frozen, dry, canned, and other commodities described in this solicitation, to the State of Wisconsin and Participating Agencies, on an as needed basis. Additional services within the contract include supplying opportunity and spot buys, deliveries of USDA foods through the National School Lunch Program (NSLP) and delivery of dairy products produced by the DOC Bureau of Correctional Enterprises (BCE), Waupun Dairy, located in Waupun, Wisconsin.

Entities eligible to purchase from the contract resulting from this RFB are defined as the Authorized Users. The Authorized Users include State of Wisconsin agencies, University of Wisconsin System campuses, Wisconsin municipalities as defined in the enclosed Cooperative Agreement form.

DOA does not guarantee any specific quantity or dollar amount. Bids that require a minimum number of units or Services be ordered will be rejected. There will be no guarantee or minimum Contract price during the term of the Contract.

1.2 OVERVIEW OF PROCURING AGENCY, BACKGROUND, AND OBJECTIVES

Five State agencies utilize the current Contract for prime vendor food products spending approximately $27M annually.

The Participating Agencies have set forth the following goals for this procurement:

• Reduce costs: Maximize savings to the State through high volume purchasing by consolidating the needs of several Participating Agencies;

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• Maintain and/or increase quality and product offerings: Control costs during the contract life while maintaining product quality and selection;

• Meet the defined delivery requirements for agency partners’ diverse locations;

• Participate in distribution of opportunity purchases and implementing other cost saving measures for product sourcing or related procedures;

• Meet the requirements outlined in the Federal Child and Adult Care Food Program;

• Maximize operational efficiencies in ordering, delivery and receiving;

• Maximize administrative efficiencies in new product sourcing and assessment, accounts payable and reporting; and

• Maximize fill rate and minimize substitutions.

The State of Wisconsin owns and operates multiple residential health care and correctional facilities throughout the State. In addition, the State owns and operates several veterans’ homes, two state schools, and the Wisconsin Challenge Academy that will utilize the contract(s) resulting from this solicitation. A list of current agencies, their respective facilities, and each location utilizing the current food service contract is included on Appendix 1.

The awarded vendor will be responsible for providing food products as ordered by all Participating Agencies, on an as needed basis for the following commodities:

1) Dry Groceries

2) Canned Goods

3) Frozen

4) Refrig Dairy-Egg-Cheese

5) Produce

6) Meat-Poultry-Fish

7) Dietetic-Medical

8) Miscelaneous Supplies (optional, not calculated in bid but frequently needed items)

9) Waupun Dairy Hauling (Skim Milk, ice cream, and sherbet)

10) USDA Commodities

The awarded vendor will provide all components of customer service which includes, but is not limited to, electronic order processing, conflict resolution, delivery, reporting, opportunity/spot buys, value-added services, etc. as outlined in this solicitation.

The State reserves the right to add or delete locations to be serviced if required during the term of the contract. Contractor shall be provided ninety (90) days advance notice for change to be implemented. Each agency will determine which food products they will order and their delivery schedules. Once the agencies determine the items they will include on their Core Order Guide, vendor will be required to stock those items in sufficient quantities to meet the needs without running out of stock. Each location has their own customized Core order Guide.

1.3 AUTHORIZED USER PROFILES

The following table summarizes the anticipated needs, in case counts, of Authorized Users.

They are for informational purposes only, based on a 12-month spend period. All spend estimates are based on past usage and actual purchases are expected to fluctuate depending upon the needs of Authorized Users. The State does not guarantee to purchase any specific quantity or dollar amount.

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Agency Cases

DOC 1,098,821

DHS 160,620

DVA 76,943

DMA 11,077

DPI 8,713

The ordering locations may access federal commodity items and, under such circumstances, will not purchase like items from the prime vendor. The Bid Price Workbook (Attachment B) is a sample market basket of the products based on (approximate) 80% highest spend items in a 12-month period. This is not a guarantee of future purchase content or volume. For an estimate of volume, the total number of meals per year per ordering location is available in Appendix 1.

1.4 FOOD PRODUCT EXCEPTIONS

Not all agency food requirements may be ordered through the Prime Vendor Food Contract. State agencies may be required or may choose to use other related contracts for food purchases and non-food purchases that are in place. Some exceptions may be:

1.4.1 Dairy Products

Dairy products may be purchased from a separate DVA dairy products contract (milk, sour cream, cottage cheese, yogurt, ice cream, etc.,) or the Prime Vendor Food Contract. The decision to purchase Waupun Dairy produced products is mandatory for DOC ordering locations and optional for other agency ordering locations.

1.4.2 Fresh Produce and Shelled Eggs

Fresh fruits, vegetables, and shelled eggs may be purchased by agencies separately from the annually authorized optional General Waiver, optional Intergovernmental Agreement, annually authorized optional Food Cooperative Auction Internal Waiver, or from the Prime Vendor Food Contract. The decision for the procurement method for fresh produce and shelled eggs will be determined by each ordering location.

1.4.3 Other Food Products

Agencies have entered into other food and commodity contracts for various items that may not be covered by the Prime Vendor Food Contract. These products may include items such as fresh bakery products, supplemental medical nutritional products, liquid concentrated coffee and dispensing equipment, and other products. When needed items are not available from other food or commodity contract contractors, such as fresh gluten-free or Kosher breads currently not available from the fresh bakery contractor, then the ordering locations are able to purchase the items from the Prime Vendor Food Contractor.

1.4.4 Surplus Food

The State reserves the right, if an opportunity becomes available, to purchase food through a federal surplus program or from other states or local government. The State would handle such procurement directly with the entity offering the surplus product. Collection and distribution of surplus product may be negotiated between Authorized Users and contractor.

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1.4.5 Non-Food Items

Non-food items such as disposable paper products, paper towels, napkins, tissue, cleaning and dishwashing products, small kitchen equipment, dishes, pans, stainless steel tableware, can liners, poly bags, etc., are not included in this Solicitation. The State currently has Contracts in place for these categories. Contractor may be a back-up supplier for exceptions and/or items needed but not available on those contracts.

1.4.6 Work Center Requirements and Contracts

Wis. Stat. § 16.752 requires state agencies and campuses to purchase goods and services from Wisconsin certified work centers. Work Center contracts currently exist for spices, seasonings, and non-sterile, disposable gloves. A successful bidder must block the sale of comparable items.

The vendor may stock these categories for the state as back-up supplier for instances when the DOA Contract Administrator authorizes an exception for location(s) to purchase from prime vendor contractor.

The list of materials, supplies, equipment and services provided by work centers resides on the State Bureau of Procurement’s internet site at http://stateuseprogram.wi.gov/.

1.5 CONTRACT TERM

This Contract term will be for a two (2) year period. The Procuring Agency and the Contractor, upon written mutual agreement, may renew the Contract for up to two additional, two (2) year periods. The Contract shall be effective on the date it is executed by the Procuring Agency.

The original contract term or any renewal period may be extended at the State’s request on a month-to-month basis for a period not to exceed eight (8) months for the purpose of completing a future solicitation or transition to new contractor(s). Contract conditions, terms, and pricing shall not be modified during such a month-to-month extension.

1.6 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or Services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.7 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments and appendices), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

Final Signed Contract with clarifications included Bid Response as accepted by the State of Wisconsin http://stateuseprogram.wi.gov/

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Request for Bid

1.8 COOPERATIVE PURCHASING SERVICES

Commodities and Services may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and Services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.9 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Procuring Agency shall be satisfied that the Bidder has qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the Procuring Agency with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the Procuring Agency in the eSupplier portal as itemized questions that require an affirmative response from you that you can meet them (e.g., "yes/no" prompt, dropdown menu, required attachment). Other requirements may be presented in a grouped manner (e.g., "Does your company meet requirements 2.1-2.8?").

For any itemized or grouped requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, if no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

Bidder response to this Section must clearly demonstrate the capacity to handle the needs stated in this RFB in addition to the Bidders current workload. The State reserves the right to request supplementary information deemed pertinent to assure Bidders competence, business organization, and financial resources are adequate to successfully perform. This determination is at the sole discretion of the Department and by submitting a bid for this RFB the bidder agrees to these terms.

2.1.1 Bidder must have a minimum of three years’ experience in prime vendor food service and be capable of servicing all Participating Agencies and/or Food Categories bid upon.

2.1.2 Bidder must be familiar with the requirements of USDA programs such as the National School Lunch Program (NSLP), the Child and Adult Care Food Program (CACFP) and/or other similar nutritional programs that several Participating Agency locations must meet.

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2.1.3 Bidders must comply with applicable requirements set forth in federal and state regulations including policy and instructions issued by the U.S. Department of Agriculture (USDA) and Wisconsin Department of Public Instruction (DPI). The applicable regulations are 7 CFR 210 (National School Lunch Program, 7 CFR 220 (School Breakfast Program).

2.1.4 Buy American provision (7 CFR Part 210.21(d))

Ordering locations that participate in NSLP are required to purchase domestic products for reimbursable meals to the maximum extent practicable. A “Domestic Commodity or Product” is defined as an agricultural commodity or product that is produced or processed in the United States using substantial agricultural commodities that are produced in the United States.

“Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowable under this provision as territories of the United States.

2.1.5 Bidder agrees to provide information on country of origin for all food products and must affirm their willingness to assert their best and reasonable efforts to ensure compliance with this federal rule. Additional information about this requirement is available at https://dpi.wi.gov/school-nutrition/program-requirements/procurement/buy-american.

2.1.6 Bidder guarantees that all food products will meet FDA, USDA, USDC requirements and standards. All meats, where applicable, will meet USDA Institutional Meat Purchase Specifications (IMPS).

2.1.7 Bidder has the equipment and conditions necessary to make deliveries to all Participating Agencies and/or Food categories bid upon.

2.1.8 Bidder agrees to maintain their facilities and operating practices in compliance with the United States Food, Drug and Cosmetic Act and state and local laws and regulations. All food products provided under the resulting contract must meet or exceed federal and State requirements for furnishing food for human consumption as well as the current Hazard Analysis and Critical Control Point (HACCP) Regulations. Refrigerated and frozen food products will be maintained at temperatures that meet HACCP requirements.

2.1.9 Biosecurity: Proposer must have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, Food and Drug Administration, and under the USDA, Food Safety and Inspection Service.

2.1.10 Bidder has an electronic ordering & reporting system that meets the requirements identified in Section 3.4

2.1.11 Bidder agrees to abide by the back order and substitution terms listed in Section 3.5.

2.1.12 State and Federally Required Contractual Provisions: Selected Prime Vendor must have obtained and will continue to maintain during the entire term of the awarded contract, all permits, approvals or licenses necessary for lawful performance of its obligations under the awarded contract. In addition, selected Prime Vendor is responsible to abide by all applicable federal and state laws and policies of the DPI, as applicable, when providing services under the awarded contract, including but not limited to:

2.1.13 Equal Employment Opportunity – Selected Prime Vendor shall comply with E.O. 11246, Equal Employment Opportunity, as amended by E.O. 11375, Amending Executive Order 11246 https://dpi.wi.gov/school-nutrition/program-requirements/procurement/buy-american

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Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.

2.1.14 Not Debarred, Suspended, Proposed for Debarment, Declared Ineligible, or Voluntarily Excluded: Proposer certifies neither the company nor any of its principals has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency. Selected Prime Vendor should consult Executive Orders 12549 and 12689. For additional information, selected Prime Vendor should check https://www.epls.gov/, a public service site by General Services Administration (GSA) for the purpose of efficiently and conveniently disseminating information on parties which are excluded from receiving federal contracts, certain subcontracts, and certain federal financial and nonfinancial assistance and benefit.

2.1.15 Lobbying: Bidder must certify no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any federal agency or Congress with respect to the awarding of a federal contract, or in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352.

3 MANDATORY SPECIFICATIONS OF BID

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

All requirements are defined as minimum mandatory requirements unless otherwise stated.

Bidder shall use Attachment A (form DOA-3832) to respond to this section. Failure to meet any mandatory Requirement will result in rejection of the bid, If no bidder is able to meet an individual Mandatory Requirement, the State reserves the right to continue the review of bids and to select the bid that most closely meets the qualification or requirements of this RFB.

3.1 PRODUCT QUALITY

Fresh products such as meats, poultry, fish, eggs and cheese must be clearly marked with the expiration date or pack date. If requested by the ordering agency, any date codes on products –such as Julian date codes –must be interpreted and substantiated by the Contract vendor.

Spoiled, short-dated or outdated food received will be returned for full credit at no expense to the State.

Within the online ordering system, the awarded vendor will be required to provide any nutritional analysis data, including ingredients and allergens, on any core item or new items at no cost to the State. No substitutions of State approved brands will be allowed without prior notification and approval of the ordering location.

Proof of Child Nutrition label, Gluten Free, Kosher, Kosher for Passover and or Halal Certification must be provided within ordering system.

3.1.1 Product Quality and Grade

Product quality and grade must meet State approved specifications. The vendor must furnish grade, quality, ingredient or product specifications to the ordering locations for all items within this section upon request.

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1) Dry Groceries: Crackers, rice, pasta, syrup, peanut butter, farina, oatmeal, grits, flours, sugars, shortenings, oils, bran, flaxseed, non-fat dry milk, baking mixes etc.

2) Canned Goods: Fruits, vegetables, juices, tuna, etc. All products shall be latest season's pack for that item, unless otherwise approved by the agency

3) Cereal: Ready to serve individual or bulk

4) Frozen: Fruits, vegetables, juice, bagels, waffles, tortillas, pizza, dairy items, etc.

5) Refrigerated: Milk, Butter, sour cream, cottage cheese, Margarine, bulk and individual yogurt, tofu, etc.

6) Dietetic/Medical: Artificial sweeteners, supplemental shakes/pudding, thickened beverages, diet jelly and syrups, etc.

7) Produce: Fresh fruits and vegetables.

8) Eggs: Fresh, refrigerated and frozen.

9) Cheese: Hard, soft and processed.

a. All cheese and processed cheese products must meet the U.S. Code of Federal Regulations - Standards of Identity.

b. Cheese served in Correctional facilities must be made wholly and directly from pure milk or cream, salt and harmless coloring matter. Reference the State Statute here.

c. Cheese served in Correctional facilities must be “Real” cheese; imitation cheese, and cheese-food is not permitted.

10) Meats-Poultry-Fish:

a. Meats:

i. Beef, pork, and veal products furnished shall be Federally Graded as indicated in the specifications.

ii. All products furnished shall originate in either US Department of Agriculture or State Department of Agriculture inspected establishments.

b. Poultry:

i. Fresh poultry items must bear expiration date good for no less than two weeks from date of delivery.

ii. Protruding pinfeathers are not acceptable.

iii. Only boneless poultry items are purchased by some agency ordering locations.

c. Fish: Frozen or refrigerated

i. Seafood products must meet grade specifications as defined by the U.S. Department of Commerce (USDC).

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ii. The product shall be Packed Under Federal Inspection (P.U.F.I.) in a USDC Type 1 inspected plant. Product case shall carry the USDC Grade A shield.

iii. Canned fish shall be latest or current pack.

11) Religious Menu Items: Kosher, Kosher for Passover, Halal, Plant Based, and other religious specialty items.

All products must comply with state and Federal laws and regulations.

3.1.2 Assorted Flavors

When more than one flavor is required for a specific product, such as yogurt, gelatin, pudding, and drink mix the specification on the Bid Price Worksheets will state that assorted flavors must be available. This requirement will be listed in the product specification. For the purpose of this bid and in order to have an equitable price comparison process, we will specify a single flavor, on which to base your bid. Quantities may reflect anticipated usage of a variety of flavors.

During the contract period, the awarded vendor is required to have a variety of flavors available.

3.1.3 Product Nutritional and Ingredient Information

Product nutritional, ingredient and allergen information shall be available online for those items in each ordering location’s core order guide. This information shall be available within 30 days of contract award. Nutritional information on other products will be available within three business days of written request.

3.1.4 The information is required for the following nutrients per serving or per 100 grams: calories;

protein; fat; saturated fat; carbohydrate; cholesterol, sodium; calcium; potassium; fiber; iron;

vitamin A; D. and vitamin C. The awarded vendor must provide, at no charge, nutritional analysis data on all Core items and new items, when requested by the ordering agency. The nutritional analysis must be provided through the vendor’s web-based order system or by other electronic means. If the product has Child Nutrition or Kosher labeling or Child Nutrition equivalents listed on the label, that information shall be made available either on the vendor’s website/ordering system.

3.1.5 Product Recall

The awarded vendor must have a product recall notification program that is issued both electronically and by telephone to the Participating Agencies’ ordering locations.

3.1.6 Opportunity Purchase Plan

Contractor is required to serve as a resource to advise Participating Agencies of opportunity food purchases as they occur. This might include food purchases that may be ongoing offers of sliced meat or cheese table trimmings (Opportunity Buys). It may be one time offers (Spot Buys) from manufacturers such as overruns, seconds or seasonal items such as fresh fruit or vegetables. Damaged, short dated (< six months of time remaining at time of purchase by contractor) or products past their use by date will not be considered or accepted.

3.1.7 After a product is referred to the contractor and agreement is reached, the referring agency is committed to purchasing it. In a timely manner, to allow for product to be purchased, the contractor will:

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Vet suppliers Screen products for quality, labeling, ingredient panels, expiration dates, etc.

Assume responsibility for recalls.

Handle any returns/credits/etc.

Provide ordering unit at the ‘minimum’ or individual case quantity to allow for purchase by smaller sites Actively search for new and different Opportunity and Spot Buy items and suppliers.

3.2 DELIVERY REQUIREMENTS, CONDITIONS, AND SECURITY

The awarded vendor must be able to meet all delivery requirements and schedules referenced in the Solicitation. All shipments are delivered FOB destination. When delivering to secured and correctional facilities, the vendor must follow the delivery procedures outlined in Section 3.2.4.

The quantity of product delivered may not fall short of the total ordered amount by more than two percent (2%). Exceptions may include but are not limited to contract implementation, adding a new delivery location, security lockdown or emergency menu requirements. Fill rates more than the allowable two percent (2%) of the total order may affect the review of the vendor’s performance. If they continue without measurable improvement, the contract may be terminated by DOA on behalf of one or more Agencies.

The ordering location has the option to reject such portions of a shipment that exceed the ordered amount.

All deliveries must be made to each ordering location loading dock or designated receiving area.

The vendor must be able to receive orders and provide delivery as requested by ordering location. An order lead time of two business days or more must be provided to vendor. The vendor must discuss order deadlines with each ordering location to ensure compliance with meeting expected delivery dates and times.

Original invoices (two copies) shall accompany the delivery detailing the ordered, delivered, and substituted products. Invoice image shall also be emailed.

3.2.1 The vendor’s delivery drivers are not required to remain on site for product verification at all sites, unless indicated as a requirement for a location on Appendix 1. Invoices must be signed by the ordering location’s representative to verify receipt.

3.2.2 Delivery Schedule

Delivery frequency is variable between locations and may require multiple deliveries per week.

Frequency is determined by storage capabilities and location needs. Delivery times ensure optimal times to ensure delivery dock and staff are available to receive the products. The DOC requires the availability of food service, security, and PIOC staff.

The delivery schedule in Appendix 1 for the current Prime Vendor Food Contract is included for reference purposes only. The vendor is solely responsible for coordinating the final delivery schedule with all agency representatives at each location. Unless otherwise stated, or requested by the agency, all deliveries will be made Monday through Friday; the vendor may negotiate a

Page 18 of 54 RFB 28326-JB schedule change that is agreeable with the ordering location. The final delivery schedule will be confirmed by the ordering location and must be honored by the Contract vendor.

3.2.2.1 Holiday Deliveries

Some agencies accept deliveries on State holidays, some do not. Holiday deliveries must be coordinated with the agency representative. If the vendor’s policy is not to make deliveries on holidays, the vendor must notify the agency representatives three weeks prior to the holiday and must have approval from the agency representative on any substitute holiday delivery schedule.

Current state holidays are New Year’s Eve, New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day.

3.2.2.2 Changes to Delivery Schedule

When an ordering location needs to change their delivery schedule during the term of the Contract, the Contract vendor must comply with the change. A change in census and repairs being made to the facilities kitchen are examples when a long- term or short-term change may be requested.

3.2.2.3 The awarded vendor may not change a scheduled delivery without providing a two week notice of intent to change and receiving written authorization from the location’s representative approving the change.

3.2.3 Delivery to Correctional and Secured Facilities

The vendor must accommodate location specific security requirements when making deliveries to any State of Wisconsin Correctional Facilities and other secured facilities (Sand Ridge Secure Treatment Center) to which access is tightly controlled.

3.2.4 Staff Entry

Delivery persons must pass an Agency conducted Background Check before they are authorized to deliver to a Secured Facility. Allow two weeks with clearance requests. Delivery persons will must be properly documented with a valid Wisconsin or other State’s driver’s license.

3.2.4.1 No Photographic or Video Images on DOC Property

If trucks are equipped with cameras and the cameras cannot be removed prior to entering DOC property, then all cameras must be disabled, meaning turned off, prior to arriving at the DOC’s property’s entrance and remain off the entire time while on or near DOC property.

If trucks are equipped with cameras and the cameras cannot be removed prior to entering DOC property, and the cameras cannot be disabled, then Vendor’s trucks must be covered up such that no imagery, footage, or audio of any DOC facility or person within DOC’s property may be captured photographically or audibly on the camera.

If camera accidentally captures any image, footage, or audio of a DOC facility or person within DOC’s property, Vendor must immediately notify the DOC contract administrator within 24 hours of the discovery of the image, footage, or audio of a DOC facility or person within DOC’s property. The vendor must then cooperate with the DOC’s direction on how to handle the footage.

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3.2.4.2 Background Checks

After Contract award and prior to the start of Contract work, the awarded vendor will conduct background checks on all current and future employees that will perform the services required in the Contract. The background checks will be conducted through the DOC Central Office and the vendor shall also conduct its own check of any job applicant’s work background. The vendor is responsible for providing the information needed by the DOC to conduct the required background checks on all drivers, including ride-along trainees and replacement drivers, on an annual and as-needed basis The State also reserves the right to request employee background checks be performed by the vendor through the Federal Bureau of Investigation. Background checks conducted by DOC will be paid for by DOC and records will become the property of DOC and maintained on site, as well as copies of credentials and licenses. All costs associated with any background checks conducted by the vendor shall be the responsibility of the vendor. If requested, the results of the background checks shall be provided to the State or requesting Participating Agency.

The vendor must review the results of these background checks, and the background checks must show whether a job applicant has been convicted of, has pled guilty or nolo contendere to, or has been sentenced as a result of the commission of a felony or crime including any gross misdemeanors or misdemeanors for which jail time may be imposed, that may disqualify the vendor’s employee from performing work on State property or in sensitive work areas. History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service or site. If a delivery staff member has a relative that is a DOC PIOC or resident at SRTSTC, they will not be allowed to make deliveries to the facility that their relative resides. It is the delivery staff’s responsibility to notify the vendor of the movement of their relative within the DOC System.

The vendor is required to be knowledgeable of the job site conditions, the location environment work requirements, and access to the general public for any State project where it places its employees. It is solely the vendor’s responsibility to determine if any of its employees with a felony or gross misdemeanor conviction or any misdemeanor conviction are suitable for the work project to which its employees would be assigned. The vendor is solely responsible for all actions of its employees and will indemnify and hold the State harmless for any liabilities or responsibility for the actions of its employees.

Staff making deliveries to DOC facilities must receive and read the DOC Preventing Sexual Misconduct and Harassment training guide prior to making a delivery. The vendor is responsible for documenting the provision of this training. Upon request, DOC has the right to receive copies of the training documentation. Criminal background check forms and training materials will be provided to the awarded vendor. With new delivery staff during the life of the contract, a minimum two weeks advance notice is required for completing background checks.

3.2.4.3 Vehicle Entry

Vehicles are subject to search upon entering the facility to prevent introduction of contraband.

Items such as cell phones, cameras, voice recorders, knives, files, saw blades, tools, etc. must be turned in to the security officer to secure prior to entering. Held items are returned after the delivery is made.

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Vehicles will not be allowed to enter facility grounds if they contain weapons, drugs, drug paraphernalia, live animals, additional unauthorized passengers, and/or any other items security staff shall not secure. Possession of illegal contraband may be reported to local law enforcement. The State will not be responsible for any additional delivery charges resulting from being denied entry by non-compliant delivery personnel.

3.2.4.4 Fraternization

Facility PIOCs/residents work in the facility kitchens. Fraternization with PIOC or residents is prohibited. Nothing is to be given to residents/PIOC (food, mail, money, newspapers or magazines, etc.) without authorization and nothing is to be received from PIOC for removal or transport from the institution.

3.2.4.5 Controlled Products

Facility controlled products High risk items must be checked in with foodservice receiving staff at time of delivery, because they can be used as a weapon or in PIOC alcohol production (i.e., drink mix containing sugar, and yeast). No movement in and out of the delivery area will be permitted during controlled product inspection.

3.2.4.6 Secured Vehicle During Delivery and Loading

Trucks to be loaded inside the facility must be loaded under the supervision of a facility staff member. A suspicious pallet may be thoroughly inspected prior to loading. In maximum security facilities, trucks shall never be left unsupervised while inside the facility. In medium and minimum facilities, unattended trucks must be locked.

3.2.4.7 Vehicle Exiting Grounds Procedures

Vehicles are subject to search when leaving the facility to prevent use of the vehicle as a means of escape by PIOC or residents. Vehicles shall have a designated position at which to stop before reaching the vehicle exit, so that the driver and passengers can be properly identified and the vehicle searched. Secured items are returned to the delivery persons.

If an PIOC count is initiated while the vehicle is on grounds, security staff are unable to release the vehicle and it must be held until the facility PIOC count is completed. When the count results in an unaccounted for PIOC, the count must be repeated until the count is successfully completed.

3.2.5 Delivery of USDA Commodities

Some Participating Agency locations receive deliveries of USDA foods through the National School Lunch Program. These Agencies prefer the awarded vendor(s) to collect and deliver USDA foods through the National School Lunch Program to these agency locations. See Appendix 5: Wisconsin USDA Commodities Data.

3.2.6 Delivery of Religious/Observance Menu Items

Some Participating Agency locations may have need for special ordered items, such as Kosher foods for Passover or other religious observance…