7-Attachment B - Scope of Work Shelf Stable Food Items.docx

Request for Proposal State of Utah Cooperative Contract for Shelf Stable Food Product Items Solicitation #NS26-57 Attachment B – Scope of Work

PURPOSE

The purpose of this Request for Proposal (RFP) is to enter into a contract(s) to provide Shelf Stable Food Items for the State of Utah.

This State of Utah Cooperative Contract will be for the benefit of all Utah public entities, nonprofit organizations, and agencies of the federal government, i.e. State of Utah departments, agencies, and institutions, political subdivisions (colleges, universities, school districts, special service districts, cities and counties, etc.).

The following Eligible Users are allowed to use the awarded contract: State of Utah’s government departments, institutions, agencies, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts will be allowed to use this Contract.

BACKGROUND

The State of Utah has historically awarded this contract based on lowest cost to a responsible and responsive bidder based on a specific product list. The State of Utah is requesting proposals in response to this RFP for purchasing Shelf Stable Food Items to open up more opportunities for local vendors to respond and more options for end users. The current Statewide Cooperative contract is PD3664.

HISTORICAL USAGE DATA

The previous Statewide Cooperative Shelf Stable Food contract #PD3664 had a total contract spend of approximately $14, 975,509 from April 2021 – September 2025.

The State of Utah Division of Purchasing does not guarantee any purchase amount under the future awarded contracts.

REFERENCE TO SPECIFIC BRAND INFORMATION

When brands are set forth in the Market Basket List (MBL), Cost Response, products shall be quoted as specified.

a) If a specific brand is named (e.g., “Heinz”), Offeror shall bid on the specific branded item or offer an equivalent product. State will make the final determination on equivalency of proposed food products.

b) If no acceptable “brand” is noted in the cost response specifications for a specific food product, then a “private label” food product of the highest quality may be offered. “Private labels” are acceptable, unless otherwise noted, but may be subject to State testing and approval. Quality standards of the highest quality (fancy) are required, when offering private or brand labels.

Offerors may be requested to submit documentation listing the ingredients and nutritional information for all product line items listed in the Market Basket List and all related Shelf Stable Items they offer, upon award.

The ingredients and nutritional information shall also be listed per Offeror’s Direct Order Entry or Online Product Order Entry for end users. (Attachment D- MMR and Technical Criteria).

SAMPLES

Pursuant to R33-6-102 (2) of the Utah Administrative Rules, Offerors may be required to submit descriptive literature and/or product samples to assist the State in evaluating whether a procurement item meets the requirements/equivalents of this Section. Product samples shall be furnished free of charge. Product samples shall be labeled or otherwise identified.

If needed, Offerors bidding equivalent items may be requested to submit samples to compare the equivalent quality and packaging with the current manufacturer of the listed brand items.

Offerors will be notified via email if mandatory minimum requirements are met and after bid close date, and this would be a Pass/Fail stage, prior to contract award. Samples will not be returned. The State or purchasing agency’s decision as to whether or not a food product will be considered as an equivalent or acceptable shall be final.

During the evaluation, the current approved Shelf Stable Items and the evaluated Shelf Stable Items will be compared side by side for sizing, quality, and appearance. For example, in the case of the Shelf Stable Food Items evaluation, the product content label may be examined. The products will be checked for quality, texture, taste, freshness, and packaging.

PRICE REVISIONS / PRICE GUARANTEE PERIOD

Contractor must guarantee its pricing for three (3) months.

A request for price adjustment must be made at least thirty (30) days prior to the effective date. A request for price adjustment must include sufficient documentation (market analysis) supporting the request. A price adjustment will be guaranteed for the same length of time as the original price guarantee. The conducting procurement unit will be given the immediate benefit of any decrease in the market, or allowable discount.

See Attachment F – Contract Management Process for further instructions on Price Revisions, Additions, Deletions or Replacement Items.

PRODUCT ITEMS / PRICING (no line items in U3P-Bonfire) Pricing for products shall be inclusive of all charges, including shipping & delivery, and any Administrative Fee’s assigned to this contract. Other than the ordered products, no other charges shall be given to any end user. Utah State Sales Tax shall not be included in the proposed price.

The Attachment C – Cost Sheet /Market Basket List is made up of the product line items included in the PD3664 contract for the 2025 usage period and items contained from a Request for Information response. The Attachment C - Cost Sheet/Market Basket List will be used for evaluation purposes only.

MARKET BASKET LIST

The Market Basket List -Attachment C - Cost Sheet includes a list of Shelf Stable Foods most commonly purchased by state agencies, school districts; schools, etc. which includes a fixed fee as derived from the supplier cost. The Market Basket List – Attachment C – Cost Sheet is for the purposes of evaluation of cost for this RFP only and is not meant to encompass Offeror’s entire full available product list for Shelf Stable Food Items. The evaluation criteria for cost will include the lowest cost response(s) from the Market Basket List to determine the State pricing. Offerors are requested to provide pricing as per the Unit of Measure requested. For example: If the requested item is in weight, and the offered item is in volume or unit, the Offeror shall provide the conversion to weight for the unit of measure. It is the responsibility of the Offeror to provide this conversion. Failure to do so may cause the offer to be non-responsive.

During the term of this contract, end users may purchase a variety of Shelf Stable Food Items from the successfully awarded vendor(s) posted price list.

Full Product List: The Offeror’s complete product offering under Shelf Stable Items, without State’s listed exclusions, including freight and other rebates or discounts, are to arrive at invoiced State price.

MANDATORY MINIMUM REQUIREMENTS

1. Offerors MUST certify they can meet Attachment B - Scope of Work.

2. Offerors MUST insert pricing for every line item on Attachment C - Market Basket Cost Sheet.

3. Offerors MUST submit bid pricing in the Unit of Measure (UOM) provided on the Attachment C – Market Basket Cost Sheet.

4. Offerors MUST upload a completed Attachment C - Market Basket Cost Sheet in U3P-Bonfire.

Attachment C- Market Basket Cost Sheet MUST be uploaded in the U3P-Bonfire Required Information section under Mandatory Minimums.

Mandatory Minimum Requirements shall be addresses in the Attachment D – MMR and Technical Requirements document.

SCOPE OF WORK – SHELF STABLE FOODS

Included for this contract: Products that include, but are not limited to high quality Shelf Stable Food Items like:

Fruit juices, milk, water, fruit cups, salad dressings & condiments, spices & seasonings, dry cereal, packaged snacks, dips & sauces, soups and broth, dessert toppings, shortening & oils, frostings & icings, drinks, crackers, potato chips, pasta noodles, breakfast bars, candy, dry mixes, nuts, dried fruits, rice, potatoes.

PRODUCT SUSTAINABILITY

· The State encourages, but does not require, the products come in efficiently designed packaging (i.e. using fewer materials) and have sustainability programs or goal or products that are Forest Stewardship Council (FSC) certified.

· Offerors shall, as appropriate and to any extent consistent with the law, opt for the purchase, acquisition, or use of goods, products, or materials produced in the United States, including manufactured products. Manufactured products means items and materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products.

PRODUCT AVAILABILITY

Offerors shall agree there will be no cancellation of products used without an equal and acceptable replacement during the current term or the contract duration. Manufacturer’s discontinuation of any product shall be communicated to the State of Utah. In such instances, suppliers agree to work with the State of Utah to identify and implement alternative options that maintain or reduce costs associated with the replacements. If purchase orders are on hand at the time the item becomes unavailable, it is the Offeror’s responsibility to notify the ordering agency and to offer a suitable substitute if available at the contract price.

DELIVERABLES / SPECIAL REQUIREMENTS

Understanding of Deliverables and Contract Requirements Offerors shall provide a comprehensive narrative statement that sets out the methodology it intends to follow and illustrates their understanding of the requirements for the deliverables within this RFP Scope of Work through the Attachment D- MMR and Technical Criteria document. Offerors shall also identify any pertinent issues and potential problems related to the contract.

SHELF STABLE FOOD PRODUCTS

1. DELIVERY –Offeror agrees to the following the SOW for delivery terms unless previously agreed/approved by State Purchasing or Eligible Users:

a. Successful vendors shall agree to deliver to all locations they proposed in the State of Utah RFP response. This solicitation is expected to result in statewide coverage of all Utah public entities, nonprofit organizations, and agencies of the federal government, i.e. State of Utah departments, agencies, and institutions, political subdivisions (colleges, universities, school districts, special service districts, cities and counties, etc). If Statewide coverage is not accomplished, the State reserves the right to cancel the solicitation without award. If Statewide delivery is not possible, can vendor subcontract delivery to entire state? Please explain in the Attachment D- MMR and Technical Criteria document.

b. Quantity amounts should be delivered on time, as per the vendors delivery date after receipt of order, with the correct amount ordered.

c. Proposed prices are the delivered prices to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the contracted vendor. All products shall be delivered in the manufacturer’s standard packaging.

d. No fuel surcharges may be levied.

e. Provide expiration date or “use by” date on all products.

f. The vendor shall coordinate with the appropriate facility kitchen supervisor to determine a regular delivery time and day. If the vendor is unable to make a delivery at the agreed upon day and time, the vendor shall notify the Kitchen Supervisor or designated kitchen staff member.

g. Inspection – Upon delivery of the products, items shall be inspected by the delivery driver and end user, and if found to be defective or fails in any way to meet the specifications or approval of the end user, the items may be rejected and/or returned. Shortages shall be reported to the vendor and replaced by the vendor. The contracted vendor(s) shall leave a receipt from the delivery driver to the entity.

h. There will be no return fees for inaccuracies or other errors on the part of the vendor. Poor quality and/or incorrect product is to be reported to the vendor within 2 business days of delivery.

i. The cost to replace products damaged during transportation and delivery will be the responsibility of the vendor.

j. It shall be the vendor’s responsibility to gain proper clearance for drivers prior to any deliveries to The Department of Corrections, if necessary.

k. All cases and packages shall be constructed to ensure safe and sanitary transportation to point of delivery. All packaging materials shall be FDA approved and meet all pertinent State and Federal regulations for safe use with foods.

l. All vehicles and containers used for transporting product shall be kept clean and maintained in good repair and condition in order to protect product from contamination, and shall be designed and constructed to permit adequate cleaning or disinfection. All products delivered shall be free of infestation including, but not limited to, larvae and rodent droppings.

m. Full credit shall be given for all manufacturer defects and/or damage.

n. Any and all products delivered shall be only the exact products and code numbers as requested by end users, unless prior approval has been received to deliver alternate products. Substitutions are not allowed without prior approval.

o. The vendor shall notify the purchasing agency/end user, prior to delivery of any substitutions or shortages that will occur; either by phone or at the time the order is placed, 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.

p. Deliveries shall be made to the designated location as specified for each individual address and department as ordered.

q. Normal deliveries for the State end users are expected to take place as follows: Monday through Friday, between 8:00 a.m. and 3:00 p.m., or a mutually agreed upon schedule.

r. 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.

s. The vendor acknowledges the end users have the right to adjust any invoice that reflects incorrect pricing.

t. After award, the vendor’s failure to comply with the critical food product recall they have proposed may be cause for termination. The vendor will arrange to promptly pick up recalled product(s) and issue a credit.

u. Vendor must have a disaster plan in place, where vendor can provide regular delivery and 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. Describe plan in the Attachment D- MMR and Technical Criteria document.

2. PRODUCT ITEMS

a. Awarded vendor(s) shall provide a full cost sheet of all product items within the Scope of Work Category of Shelf Stable Food Products.

b. Offerors shall state minimum purchase order amounts or minimum case count, if any.

c. Offerors shall state delivery fee added to invoice total, if the minimum order is not met, if any.

d. Offerors shall state delivery lead-time after receipt of order, not to exceed 7-10 days after receipt of order.

e. Offerors shall state Location/Address of nearest shipping point to Utah or within Utah.

f. Offerors shall provide company website address and instructions for online ordering, if applicable.

3. LABELING

a. All items shall be packaged and labeled in accordance with accepted trade practices in sufficiently sturdy and clean containers. Shipping cases shall be marked to show the name of the supplier, name and address State of Utah and the receiving agency with the State contract and order number. An itemized packaging list is to accompany all shipments.

b. Labels shall indicate an expiration or “Use By” date, if applicable.

c. Expired items will not be accepted.

d. The vendor shall notify the Kitchen Supervisor, designated kitchen staff member, and State Purchasing, whenever there is a product/ingredient change in any item provided to end users. If a product change/ingredient occurs, new descriptive literature information shall be provided.

e. All ingredients shall be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the FDA.

f. Labels shall indicate the presence of ingredients which contain any of the following:

4. PRODUCT RECALL PROCEDURES

The vendor shall provide product recall notification, regardless of level, in writing to the State Contract Administrator and each ordering agency through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions. The contracted vendor(s) shall issue a replacement of product(s) or a credit for any product(s) removed or recalled. Each ordering agency shall have the option of accepting either replacement product(s) or a credit in exchange for recalled/removed product(s). Detailed description of Vendors product recalls & notification protocol shall be submitted in Attachment D- MMR and Technical Criteria document.

5. END USER ORDERING

Purchasing agencies/end users are not limited to ordering only those items contained in the Market Basket List and may request products to accommodate holiday or special needs, if the items requested are approved and fall within the Scope of Work and subject matter of Shelf Stable Food Products in this solicitation.

6. QUALITY ASSURANCE

a. The vendor shall provide one local authorized representative that will be available by phone or email, at a minimum, during normal business hours, Monday through Friday. A customer service representative shall respond to all inquiries within 24 hours. Please include the name and phone number of the representative, along with full contact information (insert this information in Requested Information Section under Group - Scope of Work/Deliverables in the U3P -Bonfire platform. A representative shall be available for technical support via telephone or email.

7. FOOD SAFETY a. The vendor shall have and follow a Hazard Analysis Critical Control Point (HACCP) Plan;

1. The vendor shall comply with all health and sanitation requirements for food manufacturing or processing establishments, as mandated by the Utah Department of Agriculture and Food. Product(s) shall comply with the provisions of the Federal Food, and Cosmetic Act and regulations promulgated there under.

8. BUY AMERICAN PROVISION

(1) Alternative substitute(s) that are domestic and meet the required specifications:

(a) Price of the domestic food alternative substitute(s); and

(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited/lack of availability or price (include price):

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

ORDER ENTRY

Computer-Based Direct Order Entry or Online Product Order Entry Offerors shall propose how or if they can provide computer-based direct ordering entry or online product order entry to meet the requirements and their proposed enhancements for the State. Offeror should confirm which ordering system is available to end users. Information shall be included in the Attachment D -MMR and Technical Criteria document.

The Offeror should indicate if their system provides the following:

· Provide electronic access to the entire Shelf Stable Food Product List

· Provide the State’s current sell price

· Display any out of stock items or other problems with the order

· Provide easy to use category index or look up system

· Provide a search by item code; alpha lookup for item name and/or brand name

· Provide ability to transmit orders 24 hours a day

· Describe how product substitutions are managed through the order entry system

· Following the award, the Purchasing Agency’s end users may choose to work with the vendor to develop a current on-line order guide to meet specific needs.

PRODUCT INFORMATION

Offerors may propose in detail their ability to provide the product and descriptive literature information available through the online ordering system for ease of access and menu planning in these areas:

a) Descriptive Literature information to include, but not be limited to:

· Vendor item number

· Brand

· General Description of the product

· Manufacturer name and manufacturer product code number

· Pack size or count per case

· Cost per case

MINIMUM ORDER LEVELS & DELIVERY CHARGES

Minimum Order Levels will be established before the contract is executed.

Offerors shall propose the Minimum Order Levels and Delivery Charge provided for this contract, if any.

Minimum Order Levels:

Indicate with your proposal minimum order levels, if any, for delivery in the State of Utah (or specified counties) to end users.

The State reserves the right to reject and/or negotiate this point should the State, in its sole judgment, deem the minimum to not be in the best interest of the State. Evaluation points will be given for minimum order levels and terms of delivery determined to be most favorable to the State.

ANTI-LOBBYING CERTIFICATE

Offerors shall submit the Anti-Lobbying Duly Completed Certification as part of their offer. This certificate is being requested so the school districts, charter schools, non-profits, and state agencies that participate in the Child Nutrition Program (CNP) will continue to be able to purchase from the awarded contract(s) when expending CNP funds. As a result of a federal audit, it has come to our attention an Anti-Lobbying Certificate needs to be provided in accordance with a federal requirement outlined in Appendix II to Part 200. The vendor agrees to file required certification that it will not, has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an office or employee in connection to obtaining this contract. The certificate’s purpose is to prohibit contractors who receive federal funding from using those funds to influence (lobbying) federal government officials.”

Offerors wanting to sell to end users that incorporate the Child Nutrition Funds for K-12 schools, shall complete the Attachment G - Anti-Lobbying Certificate and submit in the U3P-Bonfire Requested Information section under Anti-Lobbying Certificate Group.

PAYMENT PROCEDURES

Each billing shall consist of an invoice. Agencies and end users will not make any advanced payments under this contract. Purchasing agencies and end users may use a purchase order, credit card for payment or a combination of these methods. No credit card processing fees or charges will be assigned to the State or its end users.

END USERS ORDERING INSTRUCTIONS FOR MULTIPLE AWARD CONTRACTS

End users of the multiple award contracts will be instructed to review the delivery locations, price sheets, minimum order per delivery, and delivery lead times after receipt of order, to determine best value to their organization by comparing the awarded vendor(s) price lists for purchase.