985291-event.pdf

07 July 2021

Awarded To: US Foods Inc.

Sysco Corporation

Nicholas and Company Awarding as a multiple award contract to Nicholas and Company, US Foods, and Sysco Intermountain.

State of Utah Cooperative Contract for Canned Foods The purpose of this Request for Proposal is to enter into a State of Utah Cooperative Contract with qualified firm(s) to provide Canned Foods.

07 July 2021

Open 5/19/2021 10:00 AM MDT Type Request for Proposal No Line Item Close 6/16/2021 2:00 PM MDT Number NS21-65 Currency US Dollar

Sealed Until 6/16/2021 2:00 PM MDT

Contacts Nick Hughes nhughes@utah.gov

Nikki Sanchez nsanchez@utah.gov

Commodity Codes Commodity Code Description

50190 Prepared and preserved foods including frozen food and packaged combination meals and plain pasta and noodles and infant foods and beverages and instant mixes and supplies

50192 Snack foods including potato chips and pretzels and dried or processed meats and popcorn and dried fruits

50360 Canned or jarred fruit 50460 Canned or jarred vegetables

73130 Food and beverage industries including beverage processing and meat and poultry and seafood processing and fruits and vegetables processing and dairy and eggs processing

07 July 202107 July 202107 July 202107 July 202107 July 202107 July 202107 July 2021 mailto:nhughes@utah.gov mailto:nsanchez@utah.gov

Issuing Procurement Unit State of Utah Division of Purchasing Conducting Procurement Unit State of Utah Division of Purchasing

REQUEST FOR PROPOSALS

State of Utah Cooperative Contract for Canned Foods

SOLICITATION #NS21-65

This Request for Proposals ("RFP”) is issued in accordance with the Utah Procurement Code and applicable administrative rules of the Utah Administrative Code. If any provision of this RFP conflicts with the Utah Procurement Code or Utah Administrative Code, then the Utah Procurement Code or Utah Administrative Code will take precedence.

Purpose of this Solicitation

The purpose of this RFP is to enter into a contract to provide: Canned Foods.

Goals of this RFP are to:

• Increase efficiency in ordering, invoicing, and payment process

• Reduction of administrative overhead in relation to food purchasing

• Establish an electronic ordering and menu planning inventory interface

• Establish nutritional content interface

• Minimize the number of product substitutions

• Establish process for food recall and safety

• Establish procedures for food delivery during a disaster with Offeror The successful offeror is expected to continually apprise the State of opportunities to reduce cost and maintain high standard food quality.

This RFP and resulting contract award(s) is a solutions-based solicitation; meaning the State of Utah is seeking equipment, products, and/or services that meet the requirements of this RFP and that are commonly desired or are required by law or industry standards.

Offerors may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, and/or services identified in this RFP.

Given the cooperative nature of this RFP, it is expected that offerors shall propose a wide array of products, and/or services at lower prices and with better value than what they would ordinarily offer to the public or to a single government entity.

Closing date and time

The closing date and time for this sourcing event is as provided in this posting. If your time is different from that shown, your profile may be set to a different time zone. Please see the attachment titled "Changing Your Time Zone" in the Buyer Attachments section for directions on how to update your profile. It is your responsibility to make sure you submit your response by the date and time indicated above.

Multiple Contract Awards Anticipated Based on the scope of this RFP and on the responses received, the Division of Purchasing anticipates that this RFP will result in multiple contract awards. This solicitation is expected to result in statewide coverage of our facilities.

Award methodology used to determine the number of contract awards is: All offerors that receive a combined technical and cost score of 3,208 point or higher (70% of total points possible) will be eligible for contract award(s). For more information, see Prerequisites Section -Evaluation of Proposals.

Future Procurements

The State of Utah reserves the right and may reopen this solicitation, or create a new solicitation if it determines there may be more competition for the procurement item than when the original solicitation was posted.

Length of the Contract

The contract(s) resulting from this RFP will be for FIVE (5) years.

Background

Description

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 Request for Proposals (RFP) for purchasing Canned Foods to open up more opportunities for local vendors to respond and more options for end users.

Historical Usage Data

The previous Statewide Cooperative Canned Foods contract #PD2455, from July 2017 through December 2020, had a contract spend of approximately $7,300,362.00.

Based on the following Entities:

School Districts - $747,174.06 Counties/Cities - $927,409.98 Charter Schools - $523,934.52 Private Schools - $30,174.56 State Board of Education - $27,447.29 College/Universities $126.122.45 Dept of Corrections - $2,670,213.04 Dept of Human Services - $467,494.16 Non Profit - $236,461.92 Federal - $1,315.31 Other - $1,488,006.60

The State of Utah Division of Purchasing does not guarantee any purchase amount under the future awarded contract(s).

The primary goal of this RFP is to economically and efficiently purchase Canned Foods in accordance with established nutritional, health, and safety standards by the USDA and U.S. Department of Education to be delivered as required.

Issuing Procurement Unit, Conducting Procurement Unit, and Solicitation Number

The State of Utah Division of Purchasing is the issuing procurement unit and the State of Utah Division of Purchasing is the conducting procurement unit for this RFP (referred to as “the State”). The reference number for this RFP is Solicitation #NS21-65.

This solicitation number must be referred to on all proposals, correspondence, and documentation submitted to the State relating to this RFP.

Additional Information

Offerors are prohibited from communications regarding this RFP with the conducting procurement unit staff, evaluation committee members, or other associated individuals EXCEPT the State of Utah Division of Purchasing procurement officer overseeing this RFP.

Wherever in this RFP an item is defined by using a trade name, brand name, or a manufacturer and/or model number, it is intended that the words “or equivalent” apply; and invites the submission of equivalent products by the Offerors.

Offerors may be required to submit product samples to assist the chief procurement officer or head of a procurement unit with independent procurement authority in evaluating whether a procurement item meets the specifications and other requirements set forth in the request for proposals. Product samples must be furnished free of charge, unless otherwise stated in the Request for Proposals.

Samples must be labeled or otherwise identified as specified in the request for proposals by the procurement unit.

The issuing procurement unit may not accept a proposal after the time for submission of a proposal has expired.

The State reserves the right to conduct discussions with the Offerors who submit proposals determined to be reasonably susceptible of being selected for award, but proposals may be accepted without discussions.

New Technology

Pursuant to Utah Administrative Rule R33-12-502 the awarded contract(s) may be modified to incorporate new technology or technological upgrades associated with the procurement item being solicited, including new or upgraded: (i) systems; (ii) apparatuses;

(iii) modules; (iv) components; and (v) other supplementary items. Further, a maintenance or service agreement associated with the procurement item under the resulting contract(s) may be modified to include any new technology or technological upgrades. Any contract modification incorporating new technology or technological upgrades will be specific to the procurement item being solicited and substantially within the scope of the original procurement or contract.

Evaluation Administrative and Mandatory Minimum Requirement Compliance

Each proposal received shall be evaluated as outlined in this RFP and the Utah Procurement Code.

To be responsive and responsible Offeror's must review each section carefully and respond to the following sections of this RFP:

Prerequisites, Buyer Attachments, Questions, and Items.

The Prerequisites section includes the objective and subjective criteria that will be used to evaluate the proposals, which include the mandatory minimum requirements, technical criteria, and other prerequisites that Offerors must read and agree to in order to respond to this RFP.

The Buyer Attachments Section contains the standard contractual terms and conditions required by the State and any other required documents associated with this RFP.

The Questions Section contains the questions that Offerors are required to answer in order to submit a proposal.

Right to Open For Competition

The State of Utah reserves the right and may reopen this solicitation, or create a new solicitation if it determines there may be more competition for the procurement item than when the original solicitation was posted.

Required to View Event

Prerequisites Required to Enter Bid

07 July 2021

1. Offerors are encouraged to review this RFP prior to the deadline to submit a proposal, even if a proposal has been submitted, in case an addendum has been issued by the issuing procurement unit.

2. All questions must be submitted through SciQuest during the Question and Answer period.

3. Pursuant to the Utah Procurement Code the following entities are Eligible Users and are allowed to use the awarded contracts.

4. The State of Utah Division of Purchasing does not guarantee any purchase amount under an awarded contract.

5. Offeror must guarantee its pricing for the period described in this RFP.

6. If an Offeror is awarded a contract from this RFP, then it is required to provide a quarterly administrative fee and report.

7. If it is determined to be in the best interest of the Conducting Procurement Unit, interviews and presentations may be held at the option of the State.

8. Offerors may request that part of its proposal be protected by submitting a Claim of Business Confidentiality Form. See the Buyers Attachment section.

9. The proposed Scope of Work has been attached to this RFP in the Buyer's Attachment.

10.

The mandatory minimum requirements are the objective criteria in which the conducting procurement unit will evaluate proposals. Offerors must upload a document which provides a point by point response to the mandatory minimums listed in this prerequisite.

11.

To determine which proposal provides the best value to the State, the evaluation committee will evaluate each responsive and responsible proposal that has not been disqualified or rejected using the subjective criteria listed in this Prerequisite section.

12. Offeror's cost proposals will be evaluated independently.

13.

All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, Administrative Rules, policies, and the evaluation criteria in this RFP. Offerors bear sole responsibility for the items included or not included within the proposal submitted by the Offeror. Each area of the evaluation criteria must be addressed in detail in the proposal.

14. Offeror may take exception and/or propose additional language to the Standard Terms and Conditions that have been attached to this RFP.

15. The issuing procurement unit may not accept a proposal after the time for submission of a proposal has expired.

16. Proposals must be submitted electronically through SciQuest.

17. Offeror acknowledges the requirements to submit a proposal through SciQuest.

07 July 202107 July 202107 July 202107 July 202107 July 2021

Buyer Attachments

1. Terms and Conditions for Goods & Services (Cooperative Contracts)

2. Attachment B - SOW_SCC Canned Foods RFP -.docx

3. Attachment C - Cost Sheet Market Basket (1).xlsx

4. Attachment D - RFP Score Sheet.xls

5. Attachment E- Contract Management Process.docx

6. Claim of Business Confidentiality 12.7.20.pdf

7. Counties

8. Changing your Time Zone

07 July 202107 July 202107 July 202107 July 2021 https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1067659706TCCoopGoodsServices-4152021_NH.docx?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=ywojrfTtvWBubdT0AyE1ohIWcOg%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1088387721Attachment%20B%20-%20SOW_SCC%20Canned%20Foods%20RFP%20-.docx?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=itUnBw0bctCSZiRWYWYM4Zf64ik%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1088387732Attachment%20C%20-%20Cost%20Sheet%20Market%20Basket%20%281%29.xlsx?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=AGcZRbm3KRiR%2FryeK8VRpXmz3Po%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1088388122Attachment%20D%20-%20RFP%20Score%20Sheet.xls?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=aVMkAxuQGcd%2B7qiwQmUkzr%2FGlro%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1079788860Attachment%20E-%20Contract%20Management%20Process.docx?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=IlCFXTP6W0s9hvZPo1wGuvAKPZ0%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-1018187921Claim%20of%20Business%20Confidentiality%2012.7.20.pdf?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=3dB4%2FNrjgAPxOxKQ98CPq48RsVk%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-529705817Utah%20Counties.jpg?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=wAK9SI3iAvGQeZ8QFpvUajPKFB0%3D https://s3.amazonaws.com/solutions-selectsite-documents/Sourcingevent/985291-566044729Changing%20Your%20Time%20Zone.pptx?AWSAccessKeyId=AKIAJ5HNJE5DFBZ5ONSA&Expires=1688747707&Signature=qxL72dgNVmXBdwJrO30tUeVga7M%3D

Questions Required Questions

Group 1: Acceptance of Prerequisites Instructions:

1.1

Offeror acknowledges that it is the Offerors responsibility to upload any and all documents in responding to the solicitation. If the vendors fails to upload a document, uploads an incorrect document, uploads a blank document, or uploads any document incorrectly, the State of Utah may not allow the Offeror to make changes following the closing of the solicitation.

1.2 Is Offeror presently or has Offeror ever been debarred, suspended, proposed for debarment or declared ineligible by any governmental department or agency, whether international, national, state or local?

1.3 Offeror acknowledges that they do not have financial ties to individuals or entities on an OFAC sanctions list.

1.4

In accordance with Utah Statute 63G-27-101, effective May 5, 2021, vendors contracting with the State to provide a good or service, including supplies, information technology or construction services, must certify they are not currently engaged in a boycott of the State of Israel and agrees not to engage in a boycott of the State of Israel for the duration of the contract (if awarded). Offeror is providing this certification in accordance with state law by selecting "Yes" to this question.

1.5

If Offeror has any information that is not already provided within its proposal that if known to the State would impact the State’s determination on Offeror’s responsiveness for a contract award (i.e., legal action, recent turn-over in major personnel, loss of a major contract, any alleged violations of federal, state or local regulations, etc.), please mark “yes” to this question and upload such information in the space provided below.

Otherwise, please mark “no”. Please see UCA 63G-6a-120 & 902 for additional details.

1.6 Please upload information impacting Offeror’s responsiveness here.

1.7

Offeror acknowledges that it must acquire and maintain all applicable federal, state, and local licenses, before the contract is entered into. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation or otherwise shall be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at 877-526-3994, or by accessing: www.commerce.utah.gov.

1.8

In the event that an Offeror offers pricing discounts for educational entities that (1) are applicable to this solicitation and (2) result in lower pricing than what is generally offered to other governmental entities, please attach a separate cost proposal labeled “Educational Pricing” to your proposal. This cost proposal for Educational Pricing is to be submitted in addition to the original Cost Proposal Form and will only be available to authorized end users. The Educational Pricing will not be used to evaluate costs.

Offeror acknowledges that it has read and understands this question.

1.9 Does Offeror have an outstanding tax lien in the State of Utah? If yes, Offeror must provide a statement regarding its debarment or suspension.

1.10 If awarded a State Cooperative Contract, Offeror understands that its resulting contract may be terminated for convenience, without cause, if there is no reported spend for any one fiscal year of its contract.

Group 2: Vendor Information Instructions:

2.1 Please provide your firm's legal company name.

2.2 Please provide your federal tax identification number. (If the vendor is a sole proprietor, please do not provide your social security number.)

2.3 Please provide your firm's contact information for this contract, including the name, phone number, and email address of your firm's authorized representative.

2.4 Please provide your ordering address and the remit to address. Please clearly identify each address.

2.5 Please provide your firm's State of Utah Sales Tax ID Number. If you do not have a State of Utah Sales Tax ID Number, please write "N/A".

2.6 Identify your firm's type of business.

2.7 Is Offeror (owners, principles, partners) a retiree currently receiving benefits through the Utah Retirement Systems (URS)?

2.8 Is Offeror an employee of the State of Utah? If yes, then Offeror must submit an external employment form signed by Offeror's manager at the State of Utah.

Group 3: Vendor's Submission Instructions:

07 July 202107 July 202107 July 2021

3.1

Offeror/Bidder understands and acknowledges that if Offeror/Bidder accessed the "View as PDF" document available on the Utah Public Procurement Place Business Opportunities website and did not login to Offeror/Bidder's account in the Utah Public Procurement Place system, that Offeror/Bidder may not be viewing the entire sourcing event, and therefore, may not be viewing the complete sourcing event requirements.

Offeror/Bidder acknowledges that Offeror/Bidder has logged into Utah Public Procurement Place account and viewed the full sourcing event requirements including hyperlinks, before submitting a response to a sourcing event.

3.2 Potential Conflicts of Interest. Offeror must identify any conflict or potential conflict of interest that might arise during the contract. If no conflicts are identified or expected, write “None” in this section.

3.3

Offeror acknolwedges that the State of Utah may sign participating addendums with national cooperatives that also meet the scope of this solicitation and contract(s) awarded from this solicitation if it is in the best interest of the State. Any participating addendums with national cooperatives will be reviewed for alignment with the Utah Procurement Code.

3.4 If your firm is requesting parts of its proposal be protected, please upload your Claim of Business Confidentiality Form here, as well as your redacted proposal.

3.5

Any exceptions to the Terms and Conditions must be uploaded here in the format outlined in Prerequisites: Standard Terms and Conditions (Exceptions and Negotiations). Further, any vendor terms and end user agreements (EULAs) required by your firm must also be uploaded here in the format outlined in Prerequisites:

Standard Terms and Conditions (Exceptions and Negotiations). Exceptions and/or additions submitted after the date and time for receipt of proposals will not be considered. If you have no exceptions or additions, upload a document stating "None".

3.6

Offeror affirms yes pursuant to the Code of Federal Regulations 2 CFR 200.216 - Prohibition on certain telecommunication and video surveillance services or equipment, none of the goods (including component parts) or services offered within its proposal are from the entity Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

3.7

Offeror understands and acknowledges that its response, including all uploaded documents, will not be considered received by the State of Utah, unless the Offeror clicks submit. Even if Offeror uploads all required documents and responds to all required questions, its response will not be considered, if it does not click submit.

Offeror acknowledges, after completing their response, they must click on the link in the left hand menu bar labeled “Review & Submit”, then check the box under the “Certification” heading to certify their response and, then, click the blue box labeled “Submit Response”, in order to submit their response.

Once the response has been submitted, Offeror will receive a confirmation that the response was successfully submitted. Offerors who fail to submit their proposal response will not have their response reviewed and will be ineligible for further consideration under this solicitation.

Group 4: Mandatory Minimum Requirements Instructions:

4.1 Offeror has proposed every line item on Attachment C - Cost Sheet/Market Basket List?

4.2 Offeror has uploaded a completed Attachment C - Cost Sheet/Market Basket List in U3P?

4.3 Offeror possesses current professional licenses and permits required by federal, state, and local laws for performance under this contract or at contract execution?

4.4 Offeror acknowledges the State reserves the right to make independent bulk purchases on specific products that may be the same or similar products as awarded in this solicitation through a separate procurement process?

4.5 Eligible Offeror abides by the request to provide product samples, if requested?

4.6 Offeror acknowledges all item prices given shall be limited to two decimals points?

Example $20.25 is responsive; $20.254 will not be considered responsive.

Group 5: Scope of Work / Deliverables & Special Requirements Instructions:

5.1

It is understood that purchasing agencies are not limited to ordering only those items contained in the Market Basket List and may request food products to accommodate holiday or special menus, menu changes, and new menus, as long as the items requested are approved and fall within the Scope of Work and subject matter of Milk Products (excluding milk) in this solicitation?

5.2 Provide Minimum order, and order total per delivery, if any.

5.3 Provide delivery charge, if any, when minimum order is not met.

5.4 Provide delivery lead time after receipt of order.

5.5 Provide Location/Address of nearest shipping point to Utah or within Utah.

5.6

Provide one local authorized representative that will be available by phone or email, at a minimum, during normal business hours, Monday through Friday. Customer service representative will respond to all inquiries within 24 hours. Please include the name and phone number of the representative, along with full contact information. A representative must be available for technical support via telephone or email.

5.7 Provide company website address. Confirm which ordering system is available to end users, along with online/ordering instructions.

5.8 Please identify any pertinent issues and potential problems related to this contract.

5.9 Offeror understands they must indicate which items are produced in the US and which items are foreign produced along with if the item is Kosher or Gluten Free, on the catalog, website and full price sheet posted for end users?

5.10 Offeror understands they must note any product items that are non-stock or are “special order” on the catalog, website, and full price sheet posted for end users?

5.11 Identify if Offeror will use a percentage discount, off catalog, for their Dairy Products (excluding milk) contract pricing, or use a discounted full Dairy Products (excluding milk) List to post on the State's contract website after award. Also, If using a percentage discount off catalog, list percentage discount here.

Group 6: Evaluation Criteria Instructions:

6.1

Describe organizational policies & procedures to ensure product integrity. Offeror must also provide their organization’s Hazard Analysis Critical Control Point (HACCP) Food Safety Programs. Offeror must describe the food safety program that must be operational at contract execution. A description regarding product acquisition, handling, labeling, and delivery in terms of food safety. 250 points possible.

6.2 Demonstrate understanding of the deliverables -Buy American Provision, Food Safety, Delivery, Product Items, Labeling, and Quality assurance described in the Scope of Work section. 500 points possible.

6.3 Offeror must provide information on the method of delivery service to be provided.

Provide the Offeror's ability to deliver on time and described the method, procedures, and policies used to minimize and govern late deliveries. Offeror has stated their proposed order minimums and any delivery charges, if any. 250 points possible.

6.4 Provide computer-based direct ordering or online ordering instruction for end users.

250 points possible.

6.5

Clearly describe the process and plan to notify the State, any purchasing entities, and end users, within one business day or immediately of a critical food product recall notification by the manufacturer, of any items purchased and delivered within this contract. Offeror will provide/advise the State on the degree of action to be taken to remove the recalled food product. 250 points possible.

6.6

Offeror must propose their 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. This plan would take precedence and eliminate any contractual reference toward force majeure or act of God and would further ensure the continuation of essential government goods and services to the State for the benefit, safety, and welfare of the clients and residents. Provide a written endorsement, if such plan includes and obligates other companies or warehouse locations, for maintaining a supply of food and food service related supplies to the State purchasing agencies and end users listed as high priority delivery sites. 250 points possible.

6.7 Offeror must upload their entire product line as it applies and relates to the scope of this RFP, EXCLUDING COST. This may be a Canned Food price list, or a catalog offering a percentage discount. 250 points possible.

6.8 Describe the experience and qualifications of Offeror in completing similar contracts.

250 points possible.

6.9 Propose in detail Offeror's ability to provide the product and nutrition information available through the online ordering system for ease of access and menu planning.

250 points possible.

Group 7: State Coverage Instructions:

7.1 Provide "All State (Statewide)" coverage or what "Counties you can service".

7.2 If you cannot deliver to a whole county, please provide the zip codes you can deliver to in that county.

Group 8: Contract Management - Price Increases

Instructions:

8.1 Offeror has read and agrees to follow the Attachment E -Contract Management Process for price increases, product additions, product deletions, and product replacements?