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

Attachment A - Special Terms and Conditions

RFx No.: 3000026724 Title: *Fax Bid* Breaded Fish Portions - DOC-PE

1. Bid Delivery Instructions for State Procurement:

Bids may be submitted online by accessing the link on page 1 of the invitation to 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 chosen means of online bid delivery. 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.

Or Fax quotations may be submitted:

Via fax to: (225) 342-9756

In order for your fax quotation to be considered, it must be received no later than the opening date and time shown on the first page of this solicitation.

If your fax quotation is submitted via fax, the date and time marked by the receiving fax machine will be the official fax quotation receipt time. Fax quotations submitted by hand or courier delivery or mailed to the Office of State Procurement will be time-stamped.

Vendor is solely responsible for the timely delivery of its fax quotation. Failure to meet the fax quotation opening date and time shall result in rejection of the fax quotation.

Or Bids may be mailed or delivered by hand or courier service to our physical location as follows:

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 our 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 and time shall result in rejection of the bid.

**Attention**

Receipt of a solicitation or award cannot be relied upon as an assurance of receiving future solicitations. In order to receive notifications of future solicitations from this office, you must register and enroll in the proper category in LaGov.

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

2. Terms and Conditions:

This solicitation contains all terms and conditions with respect to the commodities herein. Any vendor contracts, forms, terms, or other materials submitted with bid may cause bid to be rejected.

3. Vendor's Forms:

The purchase order is the only binding document to be issued against the contract. Signing of vendor's forms is not allowed.

4. Substitutes:

Only brands and numbers stated in the award are approved for delivery under the contract and any substitution must receive prior written approval of the Office of State Procurement.

5. Prices:

Prices shall be complete, including transportation/freight charges prepaid by the Bidder to the 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.

6. Acceptance:

Unless otherwise specified, bids on the contract will be assumed to be firm for acceptance for a minimum of 60 days. If accepted, prices must be firm for the specified contract period.

7. Freight Charges:

Unit price shall be inclusive of any freight charges. Bid should be F.O.B. Destination-title passing upon receipt of goods. Failure to comply with this requirement may disqualify your bid.

8. Payment:

Payment will be made on the basis of unit price as listed in the contract; such price and payment will constitute full compensation for furnishing and delivering the contract commodities. In no case will the State Agency refuse to make partial payments to the Contractor although all items have not been delivered. This payment in no way relieves the Contractor of his responsibility to effect shipment of the balance of the order. Payment will be to vendor and address as shown on order.

9. Prohibition Against Advance Payments:

No compensation or payment of any nature shall be made in advance of the delivery of the contract commodities or in advance of services actually performed, unless allowed by law or otherwise stated therein.

10. Invoices:

Invoices will be submitted by the Contractor to the Using Agency and the invoice shall refer to the delivery ticket number, delivery date, purchase order number, quantity, unit price, and delivery point. A separate invoice for each order delivered and accepted shall be submitted by the Contractor in duplicate directly to the accounting department of the Using Agency. Invoices shall show the amount of any cash discount and shall be submitted on the Contractor's own invoice form.

11. Electronic Vendor Payment Solution:

In an effort to increase efficiencies and effectiveness as well as be strategic in utilizing technology and resources for the State and Contractors, the State intends to make all payments to Contractors electronically. The LaCarte procurement card will be used for purchases of $5,000 and under, and where feasible, over $5,000. Contractors will have a choice of receiving electronic payment for all other payments by selecting the Electronic Funds Transfer (EFT). If you receive an award and do not currently accept the LaCarte card or have not already enrolled in EFT, you will be asked to comply with this request by choosing either the LaCarte Procurement Card and/or EFT. You may indicate your acceptance below.

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.

For all statewide and agency term contracts:

Under the LaCarte program, purchase orders are not necessary. Orders must be placed against the net discounted products of the contract. All contract terms and conditions apply to purchases made with LaCarte.

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

Printed Name of Individual Authorized

Authorized Signature for payment type chosen Date

Email address and phone number of authorized individual

12. 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.

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.

13. Procurement of United States Products:

In accordance with the provisions of La. R.S. 39:1604.7, in the event a contract is not entered into for products purchased under 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 this Chapter may purchase such materials, supplies, products, provisions, or equipment which are manufactured in the United States, 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 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):

Specify location within the United States where product is manufactured:

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

14. Processed Date:

All products must have the processed date stamped on the box and processed date must have been within 90 days of delivery date to Wakefield.

15. For Bids Containing Pollock:

Pollock must have been processed within 120 days of delivery to Wakefield.

16. 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.).

17. Package Markings:

Packages must be marked with the brand and number of the product and such other information as sizes, types, quantity, use instructions, etc. which helps the end user in using the product correctly.

18. USDA / FDA Labeling:

All items furnished under the contract must be in compliance with USDA (United States Dept. of Agriculture) and FDA (Food and Drug Administration) requirements and laws including labeling requirements.

19. Dairy Product Requirements:

All products must conform to U.S. and Louisiana State public health laws and Dairy Stabilization Board regulations as to grade, percent of butterfat, total milk solids, maximum bacteria count, processing and inspection. All proposals must comply with all provisions of said law and regulations.

20. Delivery of the Essence Delivery is of the essence and the State reserves the right to award to that vendor which provides the earliest possible delivery from the date of award. The State also reserves the right to reject any and all vendors who cannot make delivery within 2 days from the date of award.

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, the defaulting vendor may be surcharged any increased cost resulting from failure to deliver.

22. Delivery Location and Instructions:

Successful vendor must contact Wakefield plant manager 24 hours prior to delivery to schedule an appointment at 225-342-6793. Prison Enterprises reserves the right to reject unscheduled deliveries.

Delivery Hours: Monday - Thursday (except holidays) 7:00 am - 1:00 pm CT

**** No Friday Deliveries ****

Delivery should be made in refrigerated trucks equipped to maintain adequate temperature on all products being delivered.

23. Grading and Certification:

****** Department of Agriculture Grading and Certification Program ******

La R.S. 39:2101, mandates that all state agencies, state institutions and local school districts which operate food service facilities for students, patients or inmates utilize only those meat, poultry and seafood products that have met all Louisiana Department of Agriculture and Forestry (LDAF) requirements for grading & certification program. For more information and/or questions on the LDAF grading & certification program and fees, contact LDAF at (225) 922-1358.

For delivery of non-compliant products to those institutions that have been granted the authority by LDAF to self-certify their meat, poultry and seafood products, the following penalties and fees will apply:

1. If the product is in non-compliance and it is necessary for the entity to use the product, the supplier will be charged in accordance with LDAF rules and regulations LAC Title 7 Part 5-513 and following. This assessment will count as one violation.

2. If the product is in non-compliance and is rejected and returned, no charges will be assessed to the supplier; however, this will also count as one violation.

3. If a supplier receives three violations in any given quarter, it will be necessary for LDAF to inspect all of the supplier's products before shipment. The supplier will be charged in accordance with LDAF rules and regulations LAC Title 7 Part 5 -513 and following.

This provision is hereby made part of any subsequent contract for meat, poultry (including eggs), and seafood products.

The ordering agency, Prison Enterprises, with authorization from and under the supervision of the LADF, will conduct self-certification inspection of the products received on this bid in order to comply with the above mandate.

24. 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.

25. Record Retention:

The successful vendor shall retain all books, records, and other relevant documents associated with the contract for at least 5 years after final payment.

26. Right to Audit:

The State Legislative Auditor, Federal Auditors and Internal Auditors of the Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the contract for a period of 5 years from the date of final payment or as required by applicable State and Federal Law. Records shall be made available during normal working hours for this purpose.

27. Applicable Law The contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana; specifically, the Louisiana Procurement Code (La. R.S. 39:1551-1755) and its corresponding rules and regulations and, to the extent applicable, the Information Technology Procurement Code (La. R.S. 39:196-200) and its corresponding rules and regulations.

Venue of any action for judicial review brought with regard to the contract, after exhaustion of administrative remedies, shall be in the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana, which shall exercise its appellate jurisdiction in accordance with the Louisiana Procurement Code.