Appendix_3_-_Commodity_Supplemental_-_Frozen_Breakfast_and_Vegetable_Items.pdf

Appendix 3 - Commodity Supplemental

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

Specifications of Frozen Breakfast and Vegetable Items requested by the State of

Maryland as defined below:

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

ESTABLISHED BY THE USDA.

All products are subject to the ordering agency’s inspection and acceptance as to condition and quality.

This right is reserved for all orders placed by the agency to receive U.S.D.A. Graded or a copy of the grading certificate for the product(s) if the quality is deemed questionable by the agency upon inspection.

a. If the delivered products are not U.S. Grade A the grading charge shall be paid by the

Contractor and replacement is required with a USDA graded product before delivery.

b. If the products are U.S. Grade A the grading charge will be paid by the using agency requesting certificate upon their inspection and approval.

The Quoted prices are to be net thirty (30) days F.O.B to any point within the State of Maryland and to include all freight/shipping, handling and administrative charges. All discounts are to be deducted and reflected in net prices.

The Contractor shall be responsible for all transportation, shipping and inside delivery charges.

Deliveries shall be made as required by the using agency, but not more than thirty (30) days after receipt of order. All orders shall be shipped and billed directly to each using agency.

Quantities shown are for a one (1) year period and are approximate. They are not to be construed as minimum or maximum. The actual quantities ordered may vary considerably. This contract does not obligate the State to purchase any minimum or maximum quantity or dollar value during the contract period.

Prices are to be quoted in the “unit” as indicated on the bid. Deviations from the “unit” price requested may be caused to reject the bid. The Contractor shall be required to confirm its Bid.

Vendors are required to comply with all conditions as outlined in the regulations and specifications for frozen breakfast and vegetable foods. All frozen breakfast and vegetable products shall be US Grade A.

Case/Container must bear USDA grade seal and USDA certificate shall be available upon request.

Cases of products delivered without USDA grade designations or in lieu of USDA grade seal, grading certificates shall be provided with delivery or product will be rejected.

In addition to their bid, Vendors should include information for ordering, including an address, vendor contact, telephone number and email address, and any required order forms.

Bids:

The Vendor shall bid base unit cost of the product which includes delivery and administrative charges.

All Bid prices are to be fully loaded prices that include all costs/expenses associated with the provision of the products as required by the IFB. The Price Bid Form shall calculate a five (5) year total Bid Price automatically.

Indefinite Delivery Indefinite Quantity (IDIQ):

Shall be made as requested by the using authority on an “as-required” basis. The Contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

Delivery:

A. Delivery shall be completed within fifteen (15) working days after receiving an order from using Agency.

B. If awarded, the vendor holds other State of Maryland contracts for frozen products, facilities may combine orders from multiple contracts to meet the minimum purchase for shipping and/or contract pricing.

C. The Minimum order acceptable for contract pricing is $300.00; amounts less shall be shipped with freight charges not to exceed $40.00 or actual shipping costs, whichever is less, prepaid and added to the invoice as a separate line item. No order above $200.00 may be refused by the awarded vendor from any State of Maryland facility. Vendor shall not be required to deliver more frequently than two (2) times per month for orders exceeding $200.00, or more frequently than one (1) time per month for orders of less than $200.00.

D. Unless otherwise instructed by the using agencies, deliveries shall be made in compliance with delivery schedules as indicated by the ordering agency. Deliveries to cover Sundays and State holidays shall be made on the preceding day. Hours of the day and points at which deliveries shall be made will be established by the ordering agency in writing to the bidder(s) awarded the contract.

E. State facilities shall make every effort to comply with the Contractor’s normal delivery schedule and meet minimum order requirements when possible.

F. Secure Facilities: Security concerns vary statewide but are especially important at correctional facilities and certain other facilities. Contractors’ and Subcontractors’ employees shall comply with the security requirements at each facility. Authorized Users are responsible for alerting

Contractor to these requirements before or while placing their first order.

G. Contractors are aware that common security restrictions include:

a) Identification- All Contractor and Subcontractor employees, while working on State property, shall carry or display acceptable identification. Requirements vary by Authorized

Agencies. For example, some facilities may require a visible photo-ID badge, while others may require a valid driver’s license instead.

b) Vehicle Security- In many locations, drivers shall turn off vehicle motors and lock cab doors whenever their truck is unattended.

c) Patient/Inmate Contact- Delivery personnel should minimize interaction with inmates or patients and shall report any verbal contact to Appropriate State personnel before leaving the site.

d) Drivers who enter high security facilities shall have prior approval to enter from security staff, generally involving a background check to ensure that they are not convicted felons.

At some facilities, trucks may be searched prior to entry and exit, causing up to thirty (30) minutes of delay each way.

e) At some correctional facilities, drivers, cannot have any weapons (including jack knives or box cutters), cell phones, pagers, drugs, tobacco products or any item deemed to be potential contraband. Correctional officers may hold these items for drivers at the delivery sally-port and return them as the driver exits the grounds. Any illegal items will not be returned.

Orders:

Shall be made by the requested using authority on an “as-required” basis. This contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

Purchasing Procedure for Purchase Orders and Credit Cards:

The ordering agency shall issue a purchase order to the Contractor for commodities covered by this contract. The State of Maryland Purchasing Card may be accepted for purchases made against this contract within the procurement officer’s limitations.

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 life 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 Frozen Vegetable items per pound. The Vendor shall provide pricing for Frozen Breakfast items per unit of measure listed on 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, or 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.

Scope of Contract:

The Vendor shall supply the State of Maryland and the using authorities with frozen breakfast and vegetable products for the contract period specified in the IFB.

The Vendor shall submit a price based on the products as specified in the boxes below. The Contract awardee shall supply the State of Maryland and the using agencies with frozen breakfast and vegetable items for the contract period specified in the IFB Key Information Summary Sheet.

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