Attachment A - Special Terms and Conditions - Pages 1 - 9.docx

Attachment A – Special Terms and Conditions

RFx No.: 3000025474 Title: Christmas Canteen - DOCPE

1. Bid Delivery Instructions for State Procurement:

Bidders are hereby advised that the Office of State Procurement (OSP) must receive bids at its physical location by the date and time specified on page 1 of the Invitation to Bid.

Bids may be mailed or delivered by hand or courier service to the Office of State Procurement’s physical location as follows:

OR Bids may also be submitted online by accessing the link on page 1 of the Invitation to Bid.

Bidder should be aware of security requirements for the Claiborne Building and allow time to be photographed and presented with a temporary identification badge.

Bidder is solely responsible for ensuring that its courier service provider makes inside deliveries to the Office of State Procurement’s physical location. The Office of State Procurement is not responsible for any delays caused by the bidder's chosen means of bid delivery. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date & time shall result in rejection of the bid.

Note: Bidders who choose to respond to this bid online via the vendor portal are encouraged to not submit a written bid as well.

Bidders are hereby advised that due to the nature of the internet, the State of Louisiana cannot guarantee that access to the LaGov or LaPAC websites will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us. The Office of State Procurement is not responsible for any delays caused by the bidder’s choice to submit their bid online. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date and time shall result in rejection of the bid.

**ATTENTION**

Enrollment in LaGov provides LaPAC email notification of bid opportunities based upon commodities that you select.

5. Prices:

Prices shall be complete, including transportation/freight charges prepaid by Bidder to destination, inside delivery, unpacking, assembly of all components and removal of all associated debris from premises. Prices should be quoted in the unit (each, box, case, hour, flat, mile, etc.) as specified in the solicitation.

The LaCarte Procurement Card uses a Visa card platform. Contractors receive payment from State agencies using the card in the same manner as other Visa card purchases. Contractors cannot process payment transactions through the credit card clearinghouse until the purchased products have been shipped or received or the services performed.

If a purchase order is not used, the Contractor must keep on file a record of all LaCarte purchases issued against this contract during the contract period. The file must contain the particular item number, quantity, line total and order total. Records of these purchases must be provided to the Office of State Procurement on request.

EFT payments are sent from the State’s bank directly to the payee’s bank each weekday. The only requirement is that you have an active checking or savings account at a financial institution that can accept Automated Clearing House (ACH) credit files and remittance information electronically. Additional information and an enrollment form is available by contacting the Office of Statewide Reporting & Accounting Policy at DOA-OSRAP-EFT@la.gov.

To facilitate this payment process, you will need to complete and return the EFT enrollment form.

If an award is made to your company, please check which option you will accept or indicate if you are already enrolled.

Payment Type Will Accept Already Enrolled

LaCarte ______ ______

EFT ______ ______

11. Louisiana Preference:

Notwithstanding any other provision of La. R.S. 39:1604 to the contrary, the following preferences shall apply only to bidders whose Louisiana business workforce is comprised of a minimum of 50% Louisiana residents.

(1) Do you have a Louisiana Business workforce? _______ yes _______ no

(2) If so, do you certify that at least 50% of your Louisiana business workforce is comprised of Louisiana residents? _______ yes _______ no

A. In accordance with the provisions of La. R.S. 39:1604, each procurement officer, purchasing agent, or similar official who procures or purchases agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products under the provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes shall procure or purchase Louisiana products provided all of the following conditions are met:

(1) The bidder certifies in the bid submitted that the product meets the criteria of a Louisiana product.

(2) The product is equal to or better than equal in quality to other products.

(3) The cost of the Louisiana product shall not exceed the cost of other products by more than 10%, except as otherwise provided in this Chapter as a specific exception.

Do you claim this preference? _______ yes ________ no

Specify line number(s): ___________________________________________________

B. In accordance with the provisions of La. R.S. 39:1604, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes shall procure or purchase meat and meat products, domesticated or wild catfish, produce, eggs or crawfish which are further processed in Louisiana, provided the cost of the further processed meat and meat products, domesticated or wild catfish, produce, eggs or crawfish do not exceed the cost of other products by more than 7%.

Do you claim this preference? _______ yes ________ no

Specify line number(s): ___________________________________________________

Specify location within Louisiana where product is further processed:

(NOTE: If more space is required, include on a separate sheet.)

C. In accordance with the provisions of La. R.S. 39:1604, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, products, provisions, or equipment under the provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes may purchase such materials, supplies, products, provisions, or equipment which are produced, manufactured, or assembled in Louisiana, as defined in La. R.S. 38:2251(A), and which are equal in quality to other materials, supplies, products, provisions, or equipment, provided that all of the following conditions are met:

(1) The cost of such items does not exceed the cost of other items which are manufactured, processed, produced, or assembled outside the State by more than 10%.

(2) The vendor of such Louisiana items agrees to sell the items at the same price as the lowest bid offered on such items.

(3) In cases where more than one bidder offers Louisiana items which are within 10% of the lowest bid, the bidder offering the lowest bid on Louisiana items is entitled to accept the price of the lowest bid made on such items.

Do you claim this preference? _______ yes ________ no

Specify line number(s): _____________________________________________________

Specify location within Louisiana where product is produced, manufactured, or assembled:

(NOTE: If more space is required, include on a separate sheet.)

Failure to specify above information may cause elimination from preferences.

(1) The cost of such items does not exceed the cost of other items which are manufactured outside the United States by more than 5%.

(2) The vendor of such items agrees to sell the items at the same price as the lowest bid offered on such items.

(3) In cases where more than one bidder offers items manufactured in the United States which are within 5% of the lowest bid, the bidder offering the lowest bid on such items is entitled to accept the price of the lowest bid made on such items.

(4) The vendor certifies that such items are manufactured in the United States.

For the purposes of this preference,

(1) Manufactured in the United States" means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.

(2) "United States" means the United States and any place subject to the jurisdiction of the United States.

Do you claim this preference? _______ Yes ________ No

Specify line number(s): _______________________________________________

If bidding other than specified, sufficient information should be enclosed with the bid in order to determine quality, suitability, and compliance with the specifications.

Failure to comply with this request may eliminate your bid from consideration.

14. Right to Inspect:

The agency reserves the right to inspect and test the delivered merchandise for compliance with the bid specifications. If merchandise is in compliance, cost of all testing will be paid by the using agency.

15. Contract Period:

This contract shall be effective for the period beginning December 1, 2025, or date of award, whichever is later and ending January 31, 2025.

17. Blanket Order Contract:

Items are to be called for by the using agency as needed. No shipments are to be made until the Agency calls or otherwise submits an order for shipment of a specific quantity. Quantities are estimated, and they may be increased or decreased as needed throughout the contract period. Individual order quantities, when called for, are based on the using agency’s demand at the time of order. Minimum orders may be one unit, unless otherwise stated. A blanket order contract is not a guarantee of any quantity. Unit price should be inclusive of any freight charges. Contractor must be able to obtain and supply the item(s) at their bid price for the entire contract period and within the delivery timeframe provided for on their bid. Unused quantities must not be invoiced and will not be paid.

18. Specify Case Count and Size(s):

Specify the case count and size(s) on each item bid. If the case count and sizes quoted are the same as the description on this solicitation, confirm this information for each item by filling in the blanks in the description column.

Variations in case packaging may be accepted at the agency's discretion, as well as variances in item size & packaging.

19. Packaging and Portion Sizes:

Bidders are requested to bid packaging and portion sizes as specified. However, if alternates to the packaging or portion sizes are proposed, they should be as close as possible to those specified. Unless requested or otherwise specified, bulk packaging is not acceptable. Quantities per package which are greater than specified may be considered bulk packaging and may be cause for rejection.

The Office of State Procurement reserves the right to accept or reject alternate packaging or portion sizes based on factors including, but not limited to, storage limitations at the facility; product shelf life, dietary requirements on portions, etc.; delivery schedules specified; distribution requirements; internal/external packaging specifications; and canteen resale considerations.

Prices are to be bid in the unit of measure requested (per roll, pound, case, etc.).

Packing slip / invoice must accompany each shipment.

Items are to be packaged so as to not be damaged in any way. Agency will not accept damaged goods or food items that are expired or close to expiration.

If the vendor fails to make delivery within the time specified on the purchase order, or if the delivery is late or unsatisfactory, the State of Louisiana reserves the right to cancel the order and purchase it elsewhere, charging any increase in price to the vendor making the original late or unsatisfactory delivery.

21. Late Delivery of Food Orders:

Timely delivery of all orders is imperative. If a vendor cannot meet any delivery, it is the vendor's responsibility to contact the Dietary Department of the ordering agency and secure a mutually agreeable extension. Failure to deliver as promised will be considered a default by the vendor.

In the event an extension cannot be agreed upon, the order may be cancelled. Additionally, per terms of the contract, defaulting vendor may be surcharged any increased cost resulting from failure to deliver.

22. Blanket Order Delivery:

The State reserves the right to reject any and all vendors who cannot make delivery within the stated timeframe, as specified in the line(s) of the RFx, from the date the order is called in or otherwise submitted by the using agency.

23. Resale:

Items are for canteen resale. Where listed, only brand name(s) and model(s), or some other designation that identifies a specific product to be offered exclusive of others, specified will be accepted. Bids must be quoted in quantity and unit specified (R.S. 39:1651-1657) and (LAC Title 34 Part 5-109.A.2.B.i).

24. Returns:

The Department of Corrections reserves the right to return unsold, non-perishable goods that are not out-of-date and are in their original containers, for a full credit. Items are to be shipped for return no later than February 5, 2026.

The U.S. Food and Drug Administration's Center for Food Safety and Applied Nutrition, in its "Food Safety A to Z reference guide," defines perishable as: Food that is subject to decay, spoilage, or bacteria, unless it is properly refrigerated or frozen. It continues to say that perishable foods can spoil quickly and become unsafe to eat if they are not properly stored.

The FDA's Administrative Detention Regulations define perishable foods as those foods that are not heat-treated, not frozen, and not otherwise preserved in a manner to prevent the quality of the food from being adversely affected, if held longer than seven calendar days under normal shipping and storage conditions.

The above definition/information regarding perishable items is hereby established as the guideline and authoritative source for determining if an item is perishable.

27. Method of Award:

It is the intent of the State to award this contract on an individual basis to the lowest responsive, responsible bidder(s) meeting the specifications. The State further reserves the right to reject individual line items from the award.

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