Appendix 3 - Commodity Supplement - MealsReadytoEat & Humanitarian Daily Rations.pdf

Appendix 3 - Commodity Supplement – Meals-Ready-to-Eat and Humanitarian Daily Rations

Appendix 3 - Commodity Supplement – Meals-Ready-to-Eat and

Humanitarian Daily Rations

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

Specifications of Meals-Ready-to-Eat and Humanitarian Daily Rations requested by the State of Maryland as defined below:

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 in the form of Attachment J with its

Bid/Proposal.

2. Green Purchasing:

Contractors shall 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 will 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 (DGS) 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

DGS.

3. Basis of Award:

The award(s) for this solicitation shall be made BY LINE to the responsive and responsible Bidder(s) with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of

Maryland.

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

Bidders 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.

The vendor shall provide pricing for all products listed on Appendix 4 - the Price Bid Form.

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 shall be carried out independently, the percentage increase or 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, shall be competitively re-bid. Upon renewal, the existing contract terms and conditions shall 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.

7. 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.

8. 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 institution inspection and acceptance as to condition and quality.

The right is reserved for all institutions 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.

9. 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 or for emergency situations, within four (4) hours of the time 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.

10. EPA Compliance :

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

Control Act of 1972, where applicable.

11. 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.

12. 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.