053_StateContractSummary-USFoodsInc-Updated.docx

ND STATE CONTRACT INFORMATION

4601 32rd Ave S Grand Forks, ND 58201 Contact: Lewis Hughen, lewis.hughen@usfoods.com 720-254-2786

CONTRACT INTRODUCTION

The primary goal of this contract is to economically and efficiently purchase commercial foods, in accordance with established nutritional, health, and safety standards by the USDA and U.S. Department of Education, to be delivered as required. Primary purchasing agencies (users) of this state contract will be the Department of Corrections and Rehabilitation (DOCR) who has responsibility for the direct care of clients and residents residing in 24/7 direct care facilities operated by the State Penitentiary, Division of Youth Corrections, James River Correctional Facility. The State Hospital, Jamestown, Life Skills & Transition Center, Grafton and Veterans Nursing Home, Lisbon are additional primary users with direct care facilities.

The Vendors are expected to continually apprise the State of opportunities to reduce cost and maintain high standards commercial food quality. The State may choose to use any part of a proposed order entry or inventory management system.

COOPERATIVE PURCHASING

This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

PRICING

Pricing under this contract shall be as follows: The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request. Pricing shall be firm for the first 30 days of the contract period. After the 30 day firm period, contractors may make changes to the price list. The percentage of fixed fee markup will remain the same during the term of the contract.

PURCHASING CARDS

STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

F.O.B. POINT AND FREIGHT

F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

DELIVERABLES, SPECIAL REQUIREMENTS

High Quality of Food Products: Quality of appearance, flavor, and nutrition must meet or exceed the minimum requirements. The Bidder should bid and provide the fancy or top of the line “private label”.

Food Product Delivered: All food product delivered to the State for this contract must meet or exceed minimum standards as specified by State and proposed by Bidder.

Shipment Inspections: Representatives from the State or purchasing agencies may inspect shipments. Any product that fails to meet specifications may be rejected and returned for credit. State reserves the right to use or consume a delivered commodity that fails to meet specifications, other than health standards, if it is deemed necessary to do so. Acceptance of a portion of a substandard delivery shall not affect the right of the State to reject any other portion.

COMMERICAL FOOD PRODUCT BRANDS

a) If a manufacturer’s name or brand is specified, it is intended to be for conveyance of quality, type or for identification; therefore a product bid as “Equal” must be comparable (equal or superior) to the item specified as determined by the State. If no acceptable brand or referenced brand is noted, product(s) of the highest quality are to be bid and are subject to the state or purchasing agency approval. “Private Labels” are acceptable unless otherwise noted. However, if bidding a private label, please also note manufacturer’s product and product # being represented. A certification letter or product sample evaluation for quality may be requested.

b) Each Vendor must note any items that are non-stock or are “special order” on the MBL Cost Response. There shall be no extra charge for the buying and storing of special order items. It is understood that purchasing agencies are not limited to ordering only those items contained in the Commercial Food Market Basket, and may request food products to accommodate holiday or special menus, menu changes, and new menus.

c) State requires that all food products provided must have a shelf life that comply with Industry Standards for product “use by” dates. When available, products should clearly show the use-by date, date of production, date of processing, sell by date, best if used by date, or similar markings. State will not accept repackaged or unmarked items.

All products delivered to the State shall be clearly labeled to indicate:

· manufacturer

· product origin

· net weight

· ingredients

· Federal, State, and local labeling requirements

ORDER SCHEDULE

The contract users must be able to input orders and make changes as late as twelve hours before the orders are to be delivered, with the exception of special or non-stock ordered product.

DELIVERY SCHEDULES

The Vendors will agree with the terms herein:

a) Normal deliveries for the state are expected to take place Monday through Friday between 8:00 a.m. and 3:00 p.m., or a mutually agreed upon schedule.

b) All holidays, except designated State Holidays, which occur during the delivery schedule, are to be considered delivery days at no additional cost. A list of State holidays is available upon request.

c) Delivery schedules to a purchasing agency are to be considered negotiable until such time as they are mutually agreed upon between the purchasing agency and Vendors.

d) The Life Skills & Transition Center, in Grafton, requires deliveries twice a week.

e) The North Dakota State Penitentiary will require deliveries early in the week. Deliveries can be made anytime Monday 8:00am to 3:00pm, Tuesday 7:00am to 3:00pm and Wednesday 7:00am to 9:00 am.

DELIVERY PROCEDURES, CREDITS AND RETURNS

a) All Vendors facilities and delivery vehicles must conform to local, state, federal rules and regulations regarding sanitation and transportation and are subject to inspection by the State or purchasing agency or other officials at the discretion of the State. The trucks must be equipped to maintain the appropriate temperatures and product segregation as necessary.

b) Vendors must deliver all products individually labeled. Vendors will present an itemized invoice in duplicate or in an electronic file, to include product name, unit cost, extension, piece count and total charges, to accompany all orders. An authorized representative of the purchasing agency must sign or electronically approve delivery invoices.

c) All Vendor’s delivery personnel may be required to sign in at the operation’s office or entrance to facility before unloading. They shall deliver and off load all products to an area specified by the operation on the inside of the purchasing agency’s building. Vendors shall provide any equipment needed to complete this process.

d) All Vendor’s employees shall conduct business with State purchasing agency staff in a competent, courteous and professional manner. The purchasing agency staff will notify the Vendors of any chronic problems and may request that the offending personnel be removed from the account.

e) All refrigerated and frozen goods will be clearly dated with a production date. These products will be transported in temperature-controlled environments that are consistent with their recommended storage temperatures, as defined by the manufacturer standards. The products shall be maintained at their proper temperature throughout their staging, loading, transport and delivery to the purchasing agency.

f) Due to safety and security regulations at DOCR agencies, product must not be packaged in glass containers.

g) All food products discovered to be other than the specified product, or found to be delivered in a condition unsuitable for use by the purchasing agency, shall be refused at time of delivery. Concealed variations or latent defects, substitutions or damages will be subject to return for credit or replacement on demand of the purchasing agency. Unsatisfactory food product shall be retrieved by the Vendors at the next scheduled delivery.

h) The purchasing agency may request that the Vendors issue an immediate credit to the appropriate credit card or credit for all food products returned due to unacceptable quality, unauthorized product substitutions, damaged or spoiled product, unauthorized unit size, or products delivered with short use-by-dates. Vendors may make good any such discrepancy by replacement or other means satisfactory and acceptable to the purchasing agency. The Vendors will provide a hard copy pick-up memo at time of product return or for credit to the purchasing agency.

i) If an item cannot be delivered as ordered, Vendor’s must notify the purchasing agency immediately, either by phone or when placing orders, so decisions may be made concerning menu offerings and potential substitutions. Any returns or refused items are to be credited on the invoice at time of delivery.

SUBSTITUTIONS AND SHORTAGES

a) The purchasing agency must be notified prior to delivery of any shortages that will occur; either by phone or at the time the order is placed.

b) Authorized personnel of the purchasing agency prior to delivery must approve a temporary food product substitution. Substitute products must be of “EQUAL” quality as determined by the purchasing agency.

c) Permanent food product substitutions shall be not be made without prior approval from the Contract Administrator. The decisions on substitutions will be made by the State Contract Administrator based on cost, intended use, customer acceptance, including changes in brand, pack size, case count and weight. A contract amendment will be required for food product substitutions. If an alternate vendor is arranged by the supplier for substitutions or shortages, the State will be invoiced at the cost or the alternate selling price, whichever is lower. If the product is recalled or unsafe, the substitutions will be immediate and the State will work with the Vendors to resolve in the best interest of the State.

d) If the Vendor is no longer able to purchase the product for any reason, including discontinuance by manufacturer, then the Vendors shall provide a substitute product and price subject to approval by the purchasing agency. Product samples may be requested as part of the substitution approval process at the expense of Vendors. The distributor will match the Fixed Fee mark-up on the substituted product but not the price.

FOOD PRODUCT RECALLS

Vendors must notify the State, and any purchasing entities, within one business day of a critical food product recall notification by the manufacturer of any items purchased and delivered within this contract. The Vendors will advise the State on the degree of action to be taken to remove the recalled food product. After award failure to comply with this requirement may be cause for termination. Vendors will arrange to promptly pick-up recalled product, and issue credit.

DISASTER PLAN FOR DELIVERY

The Vendors must have a disaster plan which addresses and defines its strategy for continuing deliveries in the event of disasters, such as natural disaster, pandemic, inclement weather, work stoppage, or other happenings. This plan would take precedence and eliminate any contractual reference toward force majeure or act of god, and further ensure the continuation of essential government goods and services to the State for the benefit, safety, and welfare of the clients and residents.

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