8-Attachment B - Scope of Work.docx

Scope of Work Attachment B NS26-156 Frozen and Cooler Foods

1. PURPOSE

The purpose of this State of Utah Cooperative Contract is for Frozen and Cooler Foods and will be for the benefit and use of all Eligible Users, which includes the State of Utah’s government departments, institutions, agencies, political subdivisions (e.g., 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. Any awarded contract may be modified to add additional similar products related to the Scope of Work throughout the term of the contract.

2. ANTICIPATED PRODUCTS & SERVICES / BACKGROUND

A. Anticipated Products: Awarded contractors are expected to provide a variety of frozen and cooler food products, USDA Grade A products, locally sourced when available, including but not limited to:

Cooler / Refrigerated Foods

i. Deli & Proteins: Deli meats, prepared proteins, plant-based proteins and substitutes.

ii. Pre-cut Vegetables and Produce: diced and sliced vegetables and fruits, salads.

iii. Refrigerated Beverages: Juices, and Ready-mix and Ready-to-drink mixes.

Frozen Foods

i. Proteins & Meats: Poultry, Beef & Pork, Plant based frozen.

ii. Seafood: Raw seafood, breaded seafood.

iii. Vegetables & Potatoes

iv. Bakery & Dough: Whole Grain-Rich

v. Prepared Meals & Entrees

vi. Desserts: Ice cream & novelties, Thaw and Serve.

B. Background: The spend on the MA3784 contract for Eligible User spending between 2022-2025 is approximately $48,524,545.42. A contract award does not guarantee any sales.

3. SCOPE OF WORK

The Contractor must provide various frozen and cooler foods in accordance with the following requirements:

3.1 Regulatory Compliance & Food Safety

a) USDA Grading: All products for which a USDA grading standard exists must meet the requirements for USDA Grade A (the highest grade available), USDA National School Luch Program and breakfast meal pattern requirements.

b) Plant Certification: All frozen and refrigerated food manufacturing plants shall be registered with the United States Food and Drug Administration (FDA), and, where applicable, maintain current approval and inspection status with the United States Department of Agriculture (USDA) for products subject to USDA oversight. Plants shall comply with all applicable federal, state, and local food safety regulations governing the production, storage, and distribution of frozen and refrigerated food products..

c) Product Recalls: Must have a documented product recall procedure. The district's Food Service Director must be notified immediately (within 24 hours) of any recalls involving products purchased by the district, accompanied by instructions for product isolation and credit/replacement.

d) HACCP & Sanitation: The Contractor shall maintain and follow a Hazard Analysis Critical Control Point (HACCP) Plan and comply with all Utah Department of Agriculture and Food health and sanitation requirements.

e) GFSI Certification: Your facility must also achieve and maintain certification under a GFSI-recognized standard, such as SQF or BRCGS. This requires you to implement and document a comprehensive, third-party audited food safety and quality management system. Obtaining a valid, active certificate from a GFSI-benchmarked scheme is a strict prerequisite for supplying our end users.

f) Buy American Provision: In compliance with the National School Lunch Program, the Contractor must supply "domestic commodities or products" (processed in the U.S. using over 51% domestic agricultural commodities). Certification for each product is required.

g) Labeling: All labels must declare ingredients per the Food Allergen Labeling and Consumer Protection Act, specifically identifying milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. Must official Product Formulation Statements (PFS) for all processed meat, poultry, seafood, and meat alternate products prior to purchase.

h) Cold Chain Integrity: All products must maintain continuous temperature control from their warehouse to the district’s receiving docks.

i) Facility Inspections: The Contractor’s facilities and delivery vehicles must pass regular inspections by the USDA, FDA, and/or local/state health departments.

3.2 Specific Product Specifications (Standards of Identity)

a) Frozen Produce: Frozen vegetables must meet U.S. Grade B (Choice) or higher. Frozen fruits must meet U.S. Grade A and be packed unsweetened (no added sugars) or in 100% fruit juice.

b) Proteins: Ground beef products must meet the specified lean-to-fat ratio (e.g., 80/20). Breaded proteins (chicken nuggets, fish patties) must utilize Whole Grain-Rich (WGR) breading.

c) Bakery & Grains: Frozen doughs, rolls, buns, and breakfast bakery items must be Whole Grain-Rich (containing at least 50% whole grains, with the remaining grains being enriched).

3.3 Delivery Requirements

a) F.O.B. Destination: All prices are delivered prices. Deliveries shall be F.O.B. destination, freight pre-paid, with no fuel surcharges allowed.

b) Schedule: Normal deliveries occur Monday through Friday, 6:00 a.m. to 3:00 p.m.

c) Lead-Time: Delivery lead-time shall not exceed 7-10 business days after receipt of order.

d) Substitutions: No substitutions are allowed without prior approval from the end user.

e) Inspection & Receipt: Items shall be inspected by the delivery driver and end user, and if found to be defective or fail in any way to meet the specifications or approval of the end user, the items may be rejected and/or returned. Contractor shall leave a receipt for end user after inspection noting any issues with the delivery.

f) Shortages: Shortages shall be reported and replaced by the Contractor within a time frame agreed upon by both parties at no additional charge.

g) Security Clearance: It shall be the Contractor’s responsibility to gain proper clearance for drivers prior to any deliveries to the Department of Corrections, if necessary.

h) Temperature Standards at Delivery: Frozen products must be delivered hard-frozen at 0°F or below with no signs of thawing or refreezing (e.g., excessive ice crystals or freezer burn). Cooler/refrigerated products must be delivered at internal temperatures between 34°F and 40°F.

i) Condition of Goods: Products must be delivered in clean, undamaged packaging. The end user reserves the right to reject any items that are crushed, torn, thawed, or show signs of temperature abuse.

3.4 Ordering and Customer Service

a) Ordering Process: Contractor must provide their company website address and instructions for online ordering.

b) Minimum Orders: Minimum order requirements may not exceed $600. There are no minimum case count limits. Contractors must explicitly state their minimum purchase order amounts, if any.

c) Delivery Fees: If the minimum order requirement is not met, the Contractor must clearly specify the applicable delivery fee on their cost sheet to be added to the invoice total, if any.

d) Quality Assurance: Contractor must provide one local authorized representative available by phone or email between 9:00 a.m. and 4:00 p.m., Monday through Friday.

i. A representative must be available for technical support via telephone or email.

ii. A customer service representative must respond to all inquiries within 24 hours.

e) Addition of Items to Price Sheet: During the term of this Contract, an Authorized End User may request the addition of new products or services to the Contractor’s approved Price Sheet. Any requested additions must fall strictly within the original Scope of Work defined in this Contract. The addition of any new items is subject to the review and express approval of the Contractor.

f) Locally Sourced Products: The State is committed to supporting regional economies and reducing the environmental impact of its supply chain. The Vendor shall actively seek out, integrate, and promote locally sourced products within their proposed catalog and Price List whenever feasible, without compromising quality, safety, or competitive pricing.

4. PRICING INFORMATION

a) Fixed Fee & Mark-up: Pricing includes a fixed fee derived from supplier cost or a mark-up percentage from the supplier's price (including freight) to arrive at the invoiced State price.

b) Catalog Requirement: Awarded contractors must provide a catalog or full cost sheet of all product items within the scope of Frozen and Cooler Food Items.

c) Price Guarantee: All pricing and rates are guaranteed for (3) three months. No price increase requests will be considered if the contract is within the price guarantee period.

d) Invoicing & Adjustments: Approved price increases will become billable only after the revised pricing is officially posted to the Purchasing website; retroactive pricing is not permitted. End users reserve the right to adjust any invoice that reflects incorrect pricing.

e) Payment: Agencies and end users will not make any advance payments. No credit card processing fees may be charged to the State.

f) Pricing: Awarded contractors must have correct item numbers on their ordering site that match their posted cost sheet, at all times.

5. CONTRACT MANAGEMENT PROCESS

5.1 Price Adjustment Request Process

a) Submission: Price increase requests must be submitted via email to the contract manager at least 10 days prior to the requested effective date.

b) Justification: Requests must include documentation such as manufacturer notification letters, supplier invoices (old vs. new), or PPI/CPI charts.

c) Decreases: Any decrease in costs for the supplier must be reflected in a price adjustment for the State.

d) Validation: The Division of Purchasing will verify pricing and may approve only a portion of the request or deem it invalid.

e) Revision Process (Mid-Guarantee Period Changes): Any changes requested within the three-month price guarantee period, including deletions, additions, or price increases that do not affect all product items across the board, shall be processed as a contract revision.

f) Amendment Process (Across-the-Board Price Increases): A formal contract amendment shall only be required and executed if a price increase is applied to all contract items across the board.

5.2 Product Additions, Deletions, or Replacements

a) Revisions: Contractors must submit requests for product revisions in writing to the Division of Purchasing to keep offerings current.

b) Required Data: All requests must include product descriptions, item numbers, brand name, pack/size, manufacturer number, place of origin (USA or not), indicate kosher/gluten free, and price.

c) Scope Validation: The Division of Purchasing must validate that new products are within the original scope of work and determine if the cost is reasonable.

d) Obsolete Products: Obsolete products will be deleted, and the effective date for any revision will be noted on the Contract website.