Commodity Supplemental – Statewide: Ice Cream Products

Appendix 3 - Commodity Supplement

This supplemental contains additional requirements under Section 2 of the solicitation.

1. Mercury and Products That Contain Mercury:

This solicitation does not include the procurement of products known to likely include mercury as a component.

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The

Bidder/Offeror must submit a Mercury Affidavit with its Bid/Proposal.

2. Green Purchasing:

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements.

The State of Maryland is committed to purchasing environmentally preferable products and services

(EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the course of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information shall enable Maryland State agencies to comply with Article §14–405 of the

Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires

Maryland State agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the

Maryland DGS.

3. Basis of Award:

The awards for this solicitation shall be made BY LOT per location to the responsive and responsible

Vendors with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

BY LOT is defined as all items or none. The bidder/offeror must bid ALL line items.

Vendors shall submit a bid price based on product description (specification) and the unit of measure specified on each line.

The State reserves the right to make the award by item, or groups of items, or Total Bid/Proposal Price if it is in the best interest of the State to do so unless the Bidder/Offeror specifies in its bid/proposal that a partial or progressive award is not acceptable.

4. Price Escalation:

One hundred twenty (120) days prior to the end of each year of the contract, the Contractor may request, in writing, a cost adjustment to be in effect for the subsequent years of the contract. Any proposed increase in price shall not exceed the rate of inflation as determined by the Consumer Price

Index for all urban consumers (CPI-U) - U.S. City average all items published quarterly by the Bureau of Labor Statistics at the time of the request. The State reserves the right to adjust the scope of the contract in order to keep expenditures within authorized appropriations.

The price adjustments for the renewals shall be negotiated and mutually agreed upon by the Office of

State Procurement and the Contractor(s). Although each negotiation will be carried out independently, the percentage increase or the monetary increase shall be the same for all vendors. The

Office of State Procurement reserves the right to renew any and/or all Contractor’s contracts. Any contracts which are not renewed, will be competitively re-bid. Upon renewal, the existing contract terms and conditions will apply.

5. Unit Prices:

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due to the State, which is governed by unit prices, the amount of the credit will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

6. Tax Exemption:

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request.

Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

7. Supplemental Specifications:

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

ALL PRODUCTS TO BE U.S. GRADE A IN FULL COMPLIANCE WITH STANDARDS

ESTABLISHED BY THE USDA.

All products are subject to a using agency inspection and acceptance to condition and quality.

The right is reserved for all using agencies to have any delivered product U.S.D.A. Graded or request copy of grading certificate for the product if the quality is questionable.

If the product is not U.S. Grade A this grading charge will be paid by the Contractor and replacement is required with a USDA graded product before delivery.

8. Delivery and Acceptance:

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the

Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered F.O.B. to the point or points specified on the date requested by the Using Agency. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. The

Bidder/Offeror shall promptly replace rejected materials. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

Any contractor defaulting on deliveries or for any other reason, may be liable for immediate removal from the Contract.

9. EPA Compliance:

Materials, supplies, equipment, and other services shall comply in all respects with the Federal Noise

Control Act of 1972, where applicable.

10. Occupational Safety and Health Act (OSHA):

All materials, supplies, equipment or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

11. Returned Goods:

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to costs allowable, reasonable and allocable to the returned goods in accordance with

COMAR 21.09. Contractor(s) must provide written proof of claimed costs. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

12. Scope of Contract:

The Vendor shall submit a price based on the products listed on the Price Bid Form. The products listed on the Price Bid Form are estimates and can be replaced with similar items.

Vendor shall supply the State of Maryland and the using authorities with ice cream for the contract period specified in the IFB.

13. Region Details:

Minimum delivery schedule: Two (2) Days per Week. Indicate the days your company can deliver to each location on the Price Bid Form.

Baltimore Metro Region - Baltimore City, Maryland; (including, but not limited to Regional Institute

For Children And Adolescents-Baltimore; Springfield Hospital; Spring Grove Hospital; Maryland

School For The Deaf-Columbia; Maryland Youth Residence Center; Central Laundry Pre-Release;

Baltimore Pre-Release For Women; Metropolitan Transition Center – Commissary; William Donald

Schaefer House; Charles H. Hickey, Jr. School and Baltimore City Juvenile Justice Center). Baltimore

County, Maryland; and Howard County, Maryland Locations

Jessup Region – Jessup, Maryland including, but not limited to: Clifton T. Perkins Hospital; MD

House of Corrections - Annex; MD Correctional Institute - Jessup; Patuxent Institute; MD Correctional

Institute for Women; Brockbridge Correctional facility; and Maryland correctional Pre-Release

Administration.

Eastern Shore Region - Eastern Shore, Maryland (including, but not limited to: Holly Center; Eastern

Shore Hospital Center, Deer's Head Center, Eastern Correctional Institute; Eastern Pre-Release Unit;

Popular Hill Pre-Release Unit and Lower Eastern Shore Children's Center)

Western Region – Western Maryland including, but not limited to: Western Maryland Hospital Center;

Maryland Correctional Institute - Hagerstown; Western Correctional Institute; Maryland School for the

Deaf - Frederick; Department of Juvenile Justice Youth Centers at Savage Mountain; Backbone

Mountain, Meadow Mountain, Green Ridge Youth Facility; and Western Maryland Children's Center.

Southern Region – Southern Maryland (including but not limited to: Regional Institute for Children and Adolescents - Rockville; Southern Maryland pre-release unit; Thomas J.S. Waxter Children's

Center; Cheltenham Youth Facility), Washington Suburbs, Rockville, Silver Spring and Laurel

Locations.