Attachment_4_-_Food_Special_Provisions.docx

ATTACHMENT 4 – FOOD SPECIAL PROVISIONS

1. FOOD SAFETY CERTIFICATION REQUIREMENTS

A. General Requirements Bidder shall furnish evidence that each company and facility in the chain of distribution (except companies whose sole role is transporting the product from one point to the next) meets the requirements below:

· Facilities in California must fulfill the requirements in Paragraph C.

· Facilities outside California must fulfill the requirements in Paragraph D.

· For meat and poultry processing plants under continuous inspection by the U.S. Department of Agriculture, the Bidder must furnish the USDA plant number. These facilities are exempt from the requirements in Paragraphs C and D.

If a Bidder or subcontractor has more than one facility where the products may be prepared or stored, documentation must be submitted for each facility.

For each facility, Bidder should submit Attachment 6 – Food Safety Information Listing with the bid response. If it is not submitted with the bid response, Bidder shall provide it within five (5) working days after request from the State.

B. Meat, Poultry, Fish, and Eggs All frozen processed food products procured that contain meat, poultry, or a significant proportion of eggs shall be processed or prepared in plants operated under the supervision of the U.S. Department of Agriculture (USDA). The product shall be inspected and approved in accordance with the regulations of the USDA governing meat, poultry, or egg inspection. A label or seal, affixed to the container, indicating compliance with these regulations will be accepted as evidence of compliance.

All frozen food products procured that contain fish or fish products shall be processed or prepared in plants under the supervision of the U.S. Department of Commerce (USDC), as listed in the USDC publication “USDC Approved Establishments”. In lieu thereof, the shipment may be lot inspected by the USDC and containers stamped to indicate acceptance compliance, or a Certification of Inspection issued to accompany the shipment. Such brand label or USDC seal, affixed to a container, indicating compliance with USDC regulations will be accepted as evidence of compliance.

C. Facilities in California Facilities in California must hold one of the following licenses from the State of California, or obtain one within 10 calendar days after the bid opening date:

· Processed Food Registration Certificate issued by the California Department of Public Health (CDPH).

· A Cold Storage License, Cannery License, or other specialized license issued by CDPH, or a Milk Products plant license issued by the California Department of Food and Agriculture (CDFA), provided that the license is appropriate to the work to be performed for the contract.

Holding one of these licenses is a requirement for this IFB and the resulting contract, even if the facility is otherwise exempt by law from the requirement to hold a Processed Food Registration Certificate. The only exception is meat and poultry processing plants under continuous inspection by the U.S. Department of Agriculture, as described in Paragraph D.

Special note: If the Bidder has employees regularly assigned to work at a subcontractor’s facility where the product is manufactured or stored, the Bidder must hold a license for that facility, in addition to the license held by the subcontractor for that facility.

A Produce Dealer’s License or Processor’s License issued by the CDFA Market Enforcement Branch is not related to food safety and does not fulfill this requirement.

D. Facilities Outside of California For facilities outside California, the Bidder must furnish documentation showing that the facility has undergone an on-site inspection by one of the federal agencies or companies listed below, within 14 months prior to the bid due date. The facility must have received an overall assessment that is satisfactory to the State. If this document is not included in the bid response, Bidder shall provide it within five (5) working days after request from the State. Failure to submit required information will result in the bid being considered non-responsive.

A rating of “acceptable” or better is satisfactory. If rating of “needs improvement” is given, the State will examine the full inspection report to determine whether it will accept the inspection as satisfactory. It is the State’s intent to encourage the adoption of challenging audit standards and rating scales.

Mandatory or voluntary food safety inspections or audits conducted by the Food and Drug Administration, USDA, or U.S. Department of Commerce fulfill this requirement. The following private third-party inspection firms have also been approved by the State for purposes of this solicitation:

· Inspections against the BRCGS Global Food Safety Standard when performed by firms currently listed in the BRCGS Directory

· SQF Food Safety Code audits when performed by firms listed on the SQF certification bodies list

· FSSC 22000 audits when performed by firms listed on the FSSC Conforming Assessment Bodies list

· AIB International (formerly American Institute of Baking)

· ASI Food Safety Consultants

· Merieux NutriSciences

· NSF

· Food Safety Solutions Inc.

· SAI Global

· Primus Labs

· BSI Group

· Bureau Veritas

Bidders wishing to use other inspection/audit companies not listed above must seek and obtain advance written approval by the Procurement Official for this specific IFB, prior to the bid due date. Requests shall be submitted at least four (4) working days prior to the bid due date to ensure adequate time to review the request.

At the State’s discretion, the State may accept an inspection conducted within 10 calendar days after the bid due date, provided that all other requirements are met.

Please note that registration with the U.S. Food and Drug Administration pursuant to the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (also known as the Bioterrorism Act) does not involve a Third-Party Inspection and does not establish compliance with the requirements of this section.

2. STORAGE, SHIPPING, AND PACKAGING

All shipments must comply with Non-IT General Provisions (rev 02/20/2025), Section 15.10 “Packing and Shipment.” Unless otherwise specified, preservation, packaging and packing shall be to a degree of protection to preclude damage to containers and/or contents thereof under normal shipping conditions. Handling, etc., shall conform to normal commercial practices and applicable carrier rules and regulations involving shipment from the contractor to the receiving agency for storage.

Foil may present a security or safety risk and is not acceptable packaging material unless acceptable by the ordering agency.

Packaging and shipping containers shall be in compliance with current editions of the National Motor Freight Classification and Uniform Freight Classification. (Reference www.nmfta.org for information.)

Each shipping case or shipping unit shall clearly indicate the manufacturer or contractor, a complete description including size and quantity, manufacturer’s product code number (if applicable) and net weight.

Additional storage, shipping, and packaging requirements are as follows:

A. Refrigeration, Frozen Products and Dry Storage Requirements Items requiring “Protection from Heat” shall be shipped and stored at a temperature below 50 degrees Fahrenheit.

Carrier equipment for straight loads of “Chilled” products will be required to be pre-cooled to a minimum temperature of 35 degrees Fahrenheit and a maximum temperature of 45 degrees Fahrenheit and shall be capable of maintaining temperature within that range to destination.

Carrier equipment for straight loads of “Frozen” products will be pre-cooled to 10 degrees Fahrenheit or lower before loading and capable of maintaining zero degrees or lower to destination. Products should be loaded in the carrier’s equipment as promptly as possible to minimize product temperature rise. At destination, the product shall be hard frozen with no signs of defrosting and temperature of the product shall not be above zero degrees Fahrenheit. Frozen products will be wrapped in polyurethane wrapping.

Carrier equipment for mixed loads of “Frozen & Chilled” products will be required to be pre-cooled or pre-heated to a minimum of 35 degrees Fahrenheit and a maximum of 45 degrees Fahrenheit and shall be capable of maintaining the chilled portion of the load temperature within that range to destination.

The frozen products in the load shall be completely segregated by effective measures which will prevent damage to the other products in the load by installing effective insulating barrier(s) at the time of loading.

B. Refrigerant Management Program Contractor shall comply with the California Air Resources Board’s Refrigerant Management Program (RMP). RMP requires facilities with refrigeration systems containing more than 50 pounds of high-global warming potential (GWP) refrigerant to conduct and report periodic leak inspections, promptly repair leaks, and keep service records on-site.

Stationary refrigeration facilities with more than 50 pounds of high-GWP refrigerant in the largest on-site refrigeration system must register with the RMP. Those with at least 200 pounds of high-GWP refrigerant in the largest system are required to submit an Annual Report each year by March 1.

For more details on the requirements of the regulation, please visit ARB Refrigerant Management Program. If you need more information or have additional questions, you can reach the Air Resources Control Board via email at rmp@arb.ca.gov or call (916) 324-2517.

C. Palletization All pallets employed in the delivery of goods shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the institutions than delivering at time of delivery.

D. Product Labeling All processed food products are required to comply with the Federal Food, Drug and Cosmetic Act FDA Label Guidance. The product must bear a label complying with the Act, which requires that all ingredients be listed according to the order of their predominance.