93 ITB FINAL.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

INVITATION TO BID (ITB) No: ITB FNW 21 22 93

TITLE: RECEIPT, HANDLING, AND STORAGE OF USDA

DONATED FOODS FOR THE NATIONAL SCHOOL LUNCH

PROGRAM – SERVICE AREA 2

Carmelita Graham, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399 mailto:Bids@FDACS.gov

BID NUMBER: ITB FNW 21 22 93

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for receipt, handling, and storage of USDA foods to Recipient Agencies (RA) in Service Area 2. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Contractual Services Agreement are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors (Bidders or Contractor) interested in submitting a bid must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award; however, the Department reserves the right to award to multiple bidders, or to make no award, as determined to be in the best interest of the state.

1.2 Timeline

The following timeline will be strictly adhered to in all actions relative to this Invitation to Bid (ITB) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITB April 20, 2022 Vendor Information Portal

Last day for written Inquiries to be received by the Department

April 28, 2022

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

May 3, 2022 Vendor Information Portal

Sealed Bids Due

May 10, 2022

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

May 11, 2022

11:30 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award

May 17, 2022 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with 28-102.001, Florida Administrative Code (F.A.C.)

1.3 Public Opening

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not substantial accord with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.6 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Background

The United States Department of Agriculture (USDA) provides two types of assistance to the schools participating in the National School Lunch Program (NSLP): cash reimbursement for meals served and USDA Foods, or “commodities.” Participating schools rely on this aid to operate school meal programs. All schools participating in the National School Lunch Program (NSLP) are eligible to receive USDA-donated food. National School Lunch Program participants that opt to participate in the USDA Foods program may receive approximately 15-20 percent additional support in the form of USDA Foods that can be used in the preparation of student meals. The value received in USDA Foods is based on the number of meals served during the previous school year.

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

Federal legislation has authorized the state of Florida to provide for the distribution of the United States Department of Agriculture (USDA) foods to Recipient Agencies (RA) participating in the USDA Foods for Schools Program. The Florida Department of Agriculture and Consumer Services (Department or FDACS), Bureau of Supplemental Food Programs (BSFP), Holland Building, Tallahassee, Florida, administers this program.

2.2 Scope of Work

Federal legislation has authorized the state of Florida to provide for the distribution of the United States Department of Agriculture (USDA) donated foods to Recipient Agencies (RA) participating in the Food Distribution Program (FDP). The Florida Department of Agriculture and Consumer Services (FDACS), Bureau of Supplemental Food Programs (BSFP), Holland Building, Tallahassee, Florida, administers this program. Contractor(s) will provide for the receipt, handling, and storage of USDA donated foods to RAs in Service Area 2. (ATTACHMENT I, WAREHOUSE SERVICE AREAS AND REGIONS). Contractor(s) will receive orders from RA or outbound shipments at least (5) working days prior to the scheduled delivery dates. Orders will designate sales order or delivery order number or the number of cases of items to be delivered to RA locations. Contractor shall furnish all labor, equipment, and materials necessary to successfully provide the services in accordance with the specifications listed herein. The contractor shall submit invoices to the RA monthly or at other intervals or mutually agreed upon dates. Payment to the contractor to perform the services outlined shall be on a fixed price per case for dry regular car, dry special care, frozen and chilled products basis.

A complete list of Recipient Agencies is located under “ATTACHMENT II, LIST OF RECIPIENT

AGENCIES”.

2.3 Contract Term

It is anticipated that this contract will be effective from July 1, 2022, through June 30, 2023. The new contractor must make provisions to receive and store the products from the current contractor by June 28, 2022 as required in section 7 CFR 250.12(f)(7).

2.4 Technical Specifications

Contractor shall register on the appropriate USDA electronic ordering and reporting system, Web Based Supply Chain Management (WBSCM) system or other designated systems, prior to the effective date of this contract. WBSCM users, including all warehouses and distributors, must have at least a Level 1 USDA eAuthentication ID and password to access the system. The eAuthentication information for customers and vendors is available on-line by accessing https://www.eauth.usda.gov/eauth/b/usda/registration. Users must obtain their own eAuthentication in order to access the system. The WBSCM Help Desk may be reached at WBSCM.servicedesk@caci.com.

Note: Bidder must possess a current food permit from FDACS, Division of Food Safety, or equivalent government agency if located outside of Florida, and be in good standing at the time of submitting a bid.

AWARDED CONTRACTOR SHALL MANAGE THE DISTRIBUTION OF USDA NSLP CASE

GOODS PURSUANT TO THE FOLLOWING:

A. INBOUND FRIEGHT

https://www.eauth.usda.gov/eauth/b/usda/registration mailto:WBSCM.servicedesk@caci.com

1. METHOD OF ARRIVAL - Contractor(s) must be able to accept truck deliveries

2. PREPAID SHIPMENTS - All USDA food shipped into a contractor's warehouse will be prepaid; i.e., product and freight. Information on anticipated shipments will be available to the contractor from the Web Based Supply Chain Management system (WBSCM) provided for the USDA Food program. Truckers are responsible for prearranging unloading appointments directly with contractor. Note: USDA does not allow charging of lumper fees.

3. NOTICE AND HANDLING OF INCOMING SHIPMENTS - The contractor shall use

WBSCM designated by the BSFP to locate the warehouse delivery document or notice of arrival information and to determine allocations. Frequency and volume of incoming shipments will vary. Contractor(s) shall receive all items ordered by BSFP (ATTACHMENT

III, PROJECTED TYPES OF USDA FOODS TO BE DISTRIBUTED TO RECIPIENT

AGENCIES IN FLORIDA - EXAMPLE) through inbound freight in accordance with acceptable industry practices. Food items may be floor loaded, palletized or slip sheeted. The following shall be provided by the awarded contractor and included in the fixed unit case price at no additional cost to the RA or Department:

• Sufficient warehouse space to absorb all inbound freight at abnormal peak. This can vary depending on the amount of USDA Foods available at any one time (ATTACHMENT IV:

ESTIMATED NUMBER OF CASES OF USDA FOODS ANTICIPATED FOR STORAGE

OR DELIVERY IN 2022-2023).

• Notice of receipt of commodities from USDA, or its designated vendors, within 24-hours of receipt of a shipment, utilizing WBSCM established for that purpose (ATTACHMENT V:

REQUISITION STATUS REPORT – WEB BASED SUPPLY CHAIN MANAGEMENT

(WBSCM) –EXAMPLE).

• Inspection of loads for condition on arrival and verification of accuracy of count.

Immediate notification to BSFP of any problems with condition or quantity. Overage, shortage or damaged USDA Foods shall be reported within two (2) working days after arrival of a shipment, using the system designated by USDA for that purpose.

• Within five (5) business days, allocate the USDA Foods received to the appropriate programs as indicated on the designated electronic system, or in its absence, as instructed by BSFP.

• Cleaning and repackaging, as required, any damaged merchandise so that all foods suitable for human consumption are salvaged for program use.

• Payment for all freight demurrage and detention charges that occur, unless specifically exempted by USDA or BSFP.

• Bracing or leveling stop-off shipments for further movement.

Contractor shall be liable for claims levied by USDA against contractor or FDACS as a result of contractor's failure to properly secure, handle or account for shipments.

4. PROCESSED USDA COMMODITIES – In addition to the USDA products delivered directly into a contractor’s facility, some RA may also participate in a state processing program. This program allows RA to ship bulk products to a manufacturer for conversion into various end products. RA may wish to have these products handled by the same provider as the commercial distributor for USDA Foods.

METHOD OF ARRIVAL – Contractor(s) must have facilities to be able to accept truck deliveries.

Details regarding the services for the receipt, storage and delivery of these products should be negotiated between the successful proposer and the individual RA.

B. WAREHOUSING/STORAGE

1. STORAGE FACILITIES – Storage conditions must be consistent with the standards recommended by the Refrigeration Research Foundation, currently licensed by the appropriate licensing authority and in good and sanitary conditions as required in section 7 CFR 250.12(f)(1). The contractor must have adequate warehouse facilities for the following:

• Dry items (regular) – Ambient temperature in well-ventilated space, recommended less than 80° F. This applies to all canned commodities.

• Dry items (special) – 50° to 70° F at 50% humidity or less. This includes all beans, pasta, grains, powdered milk, powdered eggs, etc.

• Refrigerated items – 35° to 41° F.

• Frozen Foods – 0° to -10° F.

AWARDED CONTRACTOR WILL BE REQUIRED TO CHECK AND RECORD STORAGE

TEMPERATURES DAILY, 7 DAYS A WEEK, 365 DAYS A YEAR. This action can serve as verification that precautions were taken to prevent food loss. Temperature logs shall be retained for five (5) three (3) years after the end of the fiscal year to which they pertain.

A LIST OF USDA FOODS AND THEIR STORAGE REQUIREMENTS ARE AVAILABLE

UPON REQUEST TO THE AWARDED CONTRACTOR.

2. STOCK ROTATION – All stock shall be rotated on a First In, First Out (FIFO) basis by pack date within a sales order, or when applicable, delivery order number, in accordance with acceptable warehousing practices. Contractor(s) must provide evidence of stock rotation upon request. If pack date is not available, the received date must be used.

3. SANITATION – Contractor(s) shall allow warehouses to be inspected by FDACS, Division of

Food Safety, (850) 245-5595. If the contractor is located in another state, the warehouse shall be inspected by the comparable state agency. Warehouse facilities and warehousing practices must be continuously in compliance with the United States Food, Drug and Cosmetic Act and applicable Florida Statutes.

4. WAREHOUSE STORAGE LOCATION – To the greatest extent possible, contractor must store like products together while maintaining separation of sales order, or when applicable, delivery order.

5. IDENTIFICATION OF USDA FOOD – Contractor shall store USDA Foods received pursuant to this contract separately from other non-USDA Foods and clearly identify all USDA Foods as such (7 CFR 250.12(f)(3).

NOTE: If contractor stores USDA Foods, or products containing USDA Foods, pursuant to contract(s) with other entities, i.e., RA, those USDA Foods must be stored separately from the USDA Foods covered by this contract and their owner clearly identified.

C. SALES (DELIVERY) ORDER NUMBERS

Each individual shipment received into a contractor's warehouse is assigned a sales order, or when applicable, delivery order or equivalent number and each unit of a shipment is assigned to that particular number. USDA foods should be stored and shipped by their sales order or, when applicable, delivery order number. This is especially important in the event of USDA foods being put on "hold" or having to be recalled. Sales order or delivery order numbers or their equivalent will NOT be changed by the contractor.

D. REPORTS/INVENTORY

1. CONSIGNEE'S REPORT – Contractor shall complete consignee's report on the WBSCM system, or other designated system, for each incoming shipment within 24-hours of receipt of the shipment.

2. OVER, SHORT AND DAMAGE REPORTS – When discrepancies occur in quantities, or damage is involved, contractor shall report any instances of over, short or damaged USDA Foods within two (2) days using the electronic system established by USDA for that purpose.

3. INVENTORY CONTROL – Inventory reports for each program shall be submitted to BSFP monthly, no later than three (3) working days following the month being reported. These reports shall be forwarded to the contract manager or his/her designee.

Inventory reports shall convey the following, item by item and by RA:

• Quantity on hand at beginning of monthly period.

• Receipts during month and date of receipt for each shipment.

• The expiration date or best if used by date as noted on the exterior packaging or product for each shipment. If shipment contains product with varying expiration or best if used by dates, use the date closest to the date of receipt of the shipment.

• Deliveries during the month for each program. Only receipted deliveries shall be considered as delivered. All other merchandise shall be considered in inventory.

• Quantity on hand at end of monthly period by item and sales order or delivery order number.

• Number of days product has been in inventory at the warehouse.

Inventory reports shall show the appropriate USDA identification number and description, sales order or delivery order number or equivalent, quantity and receiving date. The receiving date shall be the date that the contractor receives the product.

In addition to the above mentioned, contractor shall furnish to the BSFP on a monthly basis a full inventory, by USDA Food material number and name, of all the USDA Food in storage.

Separate inventories shall be provided for each of the USDA Food programs, i.e., school foods, National School Lunch Program (NSLP), etc. Contractor must have access to the internet and e-mail.

4. If possible, contractor has or will have the capability of providing a web site enabling RAs to access their accounts for ordering and inventory purposes electronically. If the awarded contractor does not have the ability to provide a web site, the contractor must provide an alternative method (i.e. inventory list, excel spreadsheet, etc.) to the RA which meets the ordering and inventory requirements specified in this ITB. This alternative method must be mutually agreed upon by the Contractor and the Department.

5. RA INVENTORY – Inventory reports shall be submitted monthly to RA. Inventory reports shall include, at a minimum, the following for every USDA Food item.

• Quantity on hand at beginning of monthly period.

• Receipts during month.

• Quantity on hand at the end of the monthly period by item and sales order or delivery order number.

• Number of days’ product has been in inventory at the warehouse.

6. LOSS CONTROL – All losses must be reported monthly to the BSFP using the Commodity

Loss Report – State Contracted Warehouses (ATTACHMENT VI, USDA FOODS LOSS REPORT STATE CONTRACTED WAREHOUSES) form. Examples of reasons for losses that must be reported include, but are not limited to, damages, infestation/mold or over shipment. An inventory report listing the remaining quantities of each USDA Food and the RA with an allotted balance of each USDA Food shall accompany the monthly loss report so that BSFP can adjust RA inventories for losses.

E. OVERAGES AND SHORTAGES; LOSSES

The contractor shall be financially responsible for shortages, losses and damages to products or packages that make them unacceptable to the RA. Food can be lost through theft, physical damage to the product/container, serious rust, spoilage, infestation of product due to improper storage conditions, etc. All losses and damages must be reported monthly to the BSFP using the Commodity Loss Report – State Contracted Warehouses (ATTACHMENT VI, USDA FOODS LOSS REPORT STATE CONTRACTED WAREHOUSES) form.

In addition to conducting an annual physical inventory of the storage facilities, BSFP shall conduct regular monitoring visits and tracking of USDA Foods at the contractor’s facility during the year.

When the required physical inventory is completed, the book inventory must be reconciled to the physical inventory. Any discrepancies between physical inventory and book inventory shall be noted and reconciled. Reconciliation of book inventory to physical inventory shall be conducted pursuant to USDA regulations, policies, and instructions. Food items that have been lost, stolen, damaged or found to be out of condition for the period since the last review, shall be identified, recorded and included in the reconciliation.

The value of all shortages must be determined and summed across all USDA Foods. The sum of all shortages is the value of the loss identified as a result of the physical inventory. Similarly, the sum of all overages must be determined and summed across all USDA Foods. The value of USDA

Food overages and shortages shall be determined based on the current USDA Commodity File List. If the total value of shortages exceeds the value of overages by $100 or more, a monetary settlement for the difference in value shall be required. If the value of overages exceeds the value of shortages, no monetary settlement is required. Book inventory will be adjusted after settlement to correspond with the physical inventory.

Offsets are at the discretion of BSFP and must be approved by BSFP in advance. If the cause for a shortage can be determined, and if the loss results from theft, fraud or negligence, then the shortage may not be offset and the loss must be reported as required in section 7 CFR 250.16(a) and 7 CFR 250.16(b). Offsets shall be made on the basis of value and not weight. Offsets shall occur as part of the comprehensive reconciliation performed at the time of the annual review and shall include all USDA Foods, entitlement and bonus.

In determining whether to approve a proposed offset, factors to be considered by the BSFP include, but are not limited to:

The total value of the proposed offsets:

● The percentage of the total USDA Foods involved in the proposed offsets;

● The desirability of the USDA Foods identified as overages, and the ability to distribute those

USDA Foods efficiently and without waste;

● The previous history of offsets at the storage facility;

● The investigation by the storage facility of the cause or causes for the discrepancies and the results of that investigation.

If contractor still has a loss after all permitted offsets are made, BSFP shall determine which USDA Foods shall be identified as a loss for purposes of making a claim determination. The claim shall then be processed as provided in FNS Instruction 410-1.

Contractor shall be liable for all claims levied against him. Settlement shall be made in the form of cash payment.

F. ASSURANCES

Contractor shall insure the contents of the warehouse where USDA Foods are stored, as well as the physical structure itself. Proof of insurance shall be submitted to BSFP annually with the contract renewal documents. See CONTRACTOR'S COMMERCIAL GENERAL LIABILITY INSURANCE for minimum insurance amounts.

1. Contractor shall comply with all applicable state and local fire safety, food storage/handling requirements and health codes as required in section 7 CFR 250.12(f)(2).

2. Contractor shall have annual fire safety and health inspections conducted. A copy of all official inspection reports shall be filed with BSFP. The contractor is responsible for any costs incurred for the required inspections.

3. In addition to all other applicable requirements, storage facilities shall be maintained in accordance with the standards specified in 7 CFR 250.12(f)(1).

4. USDA Foods shall be clearly identified and stored separately from non-USDA Foods and any other foods not covered by this contract as required in section 7 CFR 250.12(f)(3).

5. Contractor shall maintain an inventory system and an annual physical inventory shall be conducted and reconciled with inventory records.

H. FINAL INVOICE

The contractor must submit any final invoice for payment to BSFP not more than 45 days after the contract ends or is terminated. If the contractor fails to do so, all rights to payment are forfeited, and FDACS will not honor any requests submitted after the aforesaid time period.

I. EMERGENCIES/DISASTERS

In case of an emergency or disaster, FDACS may have to respond and provide assistance. This assistance may include providing USDA Food from the state-contracted warehouse. In emergencies, contractor shall be available to respond to BSFP’s requests/orders 24-hours a day, 7 days a week, holidays included. To assist with this requirement, contractor shall provide 24/7 emergency point of contact information to BSFP annually. This information shall include the names, business, home and cell phone numbers for the primary emergency contact person and two (2) back-ups.

In the event of an emergency or imminent disaster, BSFP may request a USDA Food inventory from the contractor specifying whether the inventory should include solely school/institution food or TEFAP foods. Within four (4) hours, the contractor shall provide the requested inventory of USDA Foods in storage with the foods listed alphabetical by name and appropriate USDA Food material number and indicating number of cases available.

During an emergency/disaster, contractor shall give priority to processing and delivering BSFP food orders for shipment to state logistical staging areas, emergency feeding organizations and other similar facilities responding to the emergency/disaster. Contractor shall provide BSFP information on the shipping time, estimated time of arrival, etc. and notify BSFP immediately once the shipment is unloaded at its destination.

Contractor must be able to receive and store additional loads of USDA Foods or other items, if required, in response to the event.

2.5 Additional Requirements

A. RECORDS AND REVIEWS – The contractor shall maintain records fully accounting for receipt and disposition of all USDA Foods. Such records must be maintained for five (5) years after termination of the agreement and must be available for review at any reasonable time upon request by the USDA, the U.S. Comptroller General, state of Florida officials or their duly authorized designees.

Contractor agrees to allow inspection and inventory by FDACS, RA, the Comptroller General, the US Department of Agriculture or any of their duly authorized representatives. The contractor's facilities, equipment, procedures and inventory of USDA Foods shall be subject to review and audits by state and federal authorities at any reasonable time and place. A full comprehensive review and physical inventory of all storage facilities shall be conducted annually by FDACS/BSFP as required by 7 CFR 250.12(f)(6) and 250.21(b). BSFP may also conduct monitoring visits and tracking of selected USDA Foods at least quarterly. Contractor shall not charge FDACS/BSFP for any costs related to the quarterly or annual review and physical inventory.

B. ADDITIONS OR DELETIONS TO THE SERVICE AREA – FDACS reserves the right to add and/or delete RA to this program during the term of the contract. Contractor agrees to service any new RA within the contract area that may be approved to receive USDA Foods.

C. DEFAULT – In case of failure to deliver goods or services in accordance with the contract terms and conditions, BSFP, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs.

D. TRANSFERS DUE TO CANCELLATION OR TERMINATION OF CONTRACT – Costs resulting from a transfer of product due to the cancellation or termination of a contract by the contractor shall be the responsibility of the contractor. Costs resulting from the transfer of product due to the termination of the contract by FDACS will be the responsibility of FDACS.

E. TRANSFERS DUE TO EMERGENCY – In case of an emergency (or disaster), the state of

Florida reserves the right to transfer out USDA Foods by any carrier of the state’s choice and pay only the price quoted for storage.

F. FOOD AND NUTRITION SERVICE (FNS) REQUIREMENT – The contractor must comply with requirements of FNS Instructions 709-5 included with this document (ATTACHMENT

VII, FNS INSTRUCTIONS 709-5 – SHIPMENT AND RECEIPT OF FOODS).

G. FINANCIAL STATEMENT – Upon request, the contractor shall furnish FDACS/BSFP a copy of an audited financial statement and internal control review performed by an independent certified public accountant.

H. WAIVER – No covenant, condition, duty, obligation or undertaking contained in or made a part of the contract will be waived except by written agreement of the parties, and forbearance or indulgence in any other form or manner by either party in any regard whatsoever, shall not constitute a waiver of the covenant, condition, duty obligation or undertaking to be kept, performed or discharged by the party to which the same may apply;

and until complete performance and satisfaction of all such covenants, conditions, duties, obligations and undertakings, other party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence.

I. CONTRACT VARIATIONS – If any provisions of the contract (including items incorporated by reference) are declared or found to be illegal, unenforceable or void, then both FDACS/BSFP and the contractor shall be relieved of all obligations arising under such provision. If the remainder of the contract is capable of performance, it shall not be affected by such declarations or finding and shall be fully performed.

J. ATTORNEY'S FEES – In the event that FDACS deems it necessary, or is required to take legal action to enforce any provision of the contract, and if FDACS prevails, the contractor agrees to pay all expenses of such action, including attorney's fees and costs at all stages of litigation as set by the court or hearing officer. Legal action shall include administrative proceedings. In all cases, venue will be in Leon County, Florida.

K. TRAVEL – Any travel by the contractor or subcontractor shall be at the contractor's expense.

L. TRADE SECRETS - The state of Florida is unable to assure confidentiality of information fitting the definition of "Trade Secrets" pursuant to Section 812.081, Florida Statutes, due to lack of protection of "Trade Secrets" in Chapter 119, Florida Statutes.

M. GOVERNING LAWS- The state of Florida and federal laws, rules and regulations shall govern this contract.

N. TRANSFER OF FOOD - At the termination of the contract, the contractor shall release all ending inventory as directed by FDACS/BSFP or reimburse FDACS/BSFP for the current value of the inventory. Costs resulting from a transfer of product due to the cancellation or termination of a contract by the contractor shall be the responsibility of the contractor.

Costs resulting from the transfer of product due to the termination of the contract by the FDACS shall be the responsibility of FDACS.

O. INVENTORY REPORTING - In lieu of providing hard copies of inventories, the state may request the inventory file be accessible electronically or furnished in electronic format. This file must be in Microsoft Excel format and contain specific information. The file may be transmitted either via e-mail or on a CD.

P. PICK-UP OF INVENTORY – The newly awarded contractor must coordinate with the current distribution contractor to facilitate the pick-up and delivery of the remaining inventory of USDA Foods from the current contractor, and transfer to the awarded contractor’s facility.

Q. STORAGE COSTS - The contractor may assess the fee for USDA Foods beginning on the day that BSFP receives written notification that a shipment has arrived at the contractor’s facility. This shall be accomplished by the contractor entering the receipt information on the USDA electronic system designated for this purpose within 24-hours after the USDA Food has been off-loaded at the warehouse.

THE CHARGE WILL BE INVOICED ON THE FIRST (1st) DAY FOR THE UPCOMING MONTH. Each invoice shall include the material number and description, sales order, quantity on hand, receipt date, and number of days’ product has been in inventory at warehouse. Invoice should be submitted within sixty (60) days of the billing period. A report of the program’s current inventory must be enclosed with the invoice.

If USDA Foods are transferred or reallocated from one RA to another, the transfer or reallocation shall be completed within three (3) business days of the contractor receiving the transfer or reallocation request. The RA transferring USDA Foods is responsible for storage charges until the date the transfer takes place (the RA receiving the USDA Foods receives a notice of allocation). At that point, the RA receiving the USDA Foods shall be responsible for storage charges.

R. PRICE ADJUSTMENTS - If the option to extend the contract is exercised, the prices may be renegotiated with the new prices becoming effective on July 1st of the new contract year.

The prices shall be subject to increases or decreases based on the United States Department of Labor Consumer Price Index. The United States Annual Average of the All Item Group or category of the All Urban Consumers (CPI-U) Index will be used to determine price changes.

The maximum allowable percentage change in prices will be the same as the percentage change in the Annual Average Index. Prices changes will be rounded to the nearest whole cent using standard rounding procedures. No change in prices will be allowed if there is less than one percent change in the Annual Average Index. No price increase or decrease will become effective unless requested by the contractor in the case of an increase, or by FDACS in the case of a decrease. Any such request shall be made in writing by April 1st each year to become effective July 1. In the absence of a written notice from the contractor to FDACS or from FDACS to the contractor regarding a price change for the ensuing contract year, the price then in effect shall continue for the next contract year.

S. COMPLIANCE WITH 2 C.F.R. Part 200 Appendix I. Contractor agrees to comply with the following requirements:

1) The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311–1330, § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. §

1.1 et seq.);

2) Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018);

3) Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part 3018);

4) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower

Tier Covered Transactions pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension (7 C.F.R. Part 3018). The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871);

5) Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5);

6) Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive

Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60);

7) Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3);

8) Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5);

9) Procurement of Recovered Materials. (Stat. 200.322 Solid Waste Disposal Act).

2.6 Past Performance/ References

The submission must contain names, addresses, phone numbers and email contacts of four (4) customers for whom they have provided similar services (project size and scope) within the last three (3) years. (See ATTACHMENT VIII- PAST PERFORMANCE/ REFERENCES). References must be current or former clients of the responding firm. Confidential clients shall not be included.

The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for respondent references. References must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends and holidays.

It is the responsibility of the contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory contractor work performance or workmanship will result in disqualification of the bid. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of that bid.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids

The Procurement Officer for this ITB is:

Carmelita Graham, Purchasing Director Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids) as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 78131800- Specialized warehousing and storage

• 80161602- Receiving or inventorying services

• 85151503- Food preservation management or control services

• 93131600- Food and nutrition policy planning and programs

• 93131602- Emergency food supply services

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

3.8 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

• Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

• All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

• It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

• Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed.

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include ATTACHMENT IX, FDACS ACKNOWLEDGEMENT FORM with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return ATTACHMENT X, PRICE SHEET.

Prices shall be quoted on a per case basis for each element within the Service Area. Unit price per case shall apply to dry regular, dry special, refrigerated and frozen food stored per month.

Unit prices shall include charges for receipt, handling and storage of USDA food. Unit prices stated shall be inclusive and no other charges shall be allowed except those charges allowed in accordance with the ADDITIONAL REQUIREMENTS sections of this ITB.

Bid prices must be firm and be inclusive of all services, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the contract.

If the price sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS shall not be responsible for Vendor inventory or order commitment.

If a submitted Price Sheet includes inconsistencies, inaccuracies or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

3.11 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.12 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

3.13 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

3.14 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

3.15 Bid Evaluation

Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

3.16 Basis of Award

An award shall be made to the responsive and responsible bidder based upon the CASE PRICE GRAND TOTAL for the receipt, handling and storage of USDA Foods for the National School Lunch Program as specified in this Invitation to Bid. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In event the bidder with the lowest CASE PRICE GRAND TOTAL is found non-responsive, the Department may proceed to the next responsive bidder with the lowest CASE PRICE GRAND TOTAL and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.17 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to

287.057 (6) F.S.

3.18 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.19 Verbal Instruction Procedure/Discussions

The bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a bidder are recognized as duly authorized expressions on behalf of the bidder.