IFB+Commercial+Food.docx

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

OMB (7/2020)

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this IFB. Bidders shall direct all communications regarding this IFB to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PURCHASING AGENCY: State Procurement Office PROCUREMENT OFFICER: Chad Keech EMAIL: ckeech@nd.gov

PHONE: 701-328-2767

TTY Users call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response Deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Email is the preferred method of submission with the IFB number cited in the email subject line. Responses to questions will be distributed as a solicitation amendment, unless the question can be answered by referring the bidder to a specific section of the IFB.

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota Office of Management and Budget website using the State Procurement Online system (SPO Online). Bidders are responsible for checking this website to obtain all information and documents related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm.

Select Recent Solicitations, the Recent solicitations are listed by close date.

Bidders not having completed the Bidders List registration may request to receive notices related to this IFB by contacting the Procurement Officer in writing with the following information: IFB title, business name, contact person, mailing address, telephone number, and email address.

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

a. Ensure your bid response complies with all instructions, terms and conditions, delivery requirements, and specifications.

b. Prepare your price in the specified unit of measure, FOB: Destination to the shipping location.

c. Sign your bid response, and initial any changes or corrections

d. Ensure your Bid Response is received by the Procurement Officer by the Bid Response Deadline. Called to confirm receipt.

e. If using a delivery service, check tracking to ensure the Bid Response will be delivered on time. Contact the Procurement Officer as soon as possible in the event of delays due to weather, etc.

f. Submit any required samples or documents.

2. Definitions.

a. Bidder: any person or firm submitting a competitive bid in response to a solicitation.

b. Bid Response: the executed document submitted by a Bidder in response to a solicitation.

c. Commodities: all property, including equipment, supplies, materials, printing, insurance, and the lease of equipment.

d. Contractor: any person or firm having a contract with a governmental body.

e. Procurement Officer: an individual duly authorized to enter into and administer purchasing contracts and make written determinations with respect thereto; also includes an authorized representative acting with the limits of designated purchasing authority.

f. Purchasing Agency: the entity on which the purchase is being made on behalf of.

g. Services: the furnishing of labor, time, or effort by a Contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance.

h. Solicitation: a document to notify prospective Bidders of a bidding opportunity.

i. N.D.A.C.: North Dakota Administrative Code; rules with the force and effect of law.

j. N.D.C.C.: North Dakota Century Code; state laws.

k. OMB: Office of Management and Budget (OMB); a North Dakota state agency.

l. SPO: State Procurement Office, a division of the Office of Management and Budget.

m. SPO Online: a procurement information website maintained by OMB State Procurement Office pursuant to N.D.C.C. § 54-44.4-14.

3. Bidders List and Secretary of State Registration Requirements. Bidders must comply with requirements related for Office of Management and Budget (OMB) Bidders List application and Secretary of State registration [N.D.C.C. § 54-44.4-09]. Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Online system (SPO Online).

Bids will be accepted from bidders that are not on the Bidders List. The successful bidder must complete the Bidders List application process and comply with Secretary of State registration requirements within 60 calendar days from the date a notice of intent to award is issued. If the successful bidder does not register within this time, its bid may be rejected.

Vendor Registration Information Websites:

Secretary of State Registration. Complete the online Secretary of State registration process (fees apply): https://firststop.sos.nd.gov/. Select “Start a Business.” You will need to create a username and password. Contact the Secretary of State, Business Services at 701-328-2904 or sosbir@nd.gov for assistance.

Bidders List Application Process. Complete the online Bidders List application process: https://www.nd.gov/omb/vendor/bidders-list-application-and-maintenance. Contact the OMB State Procurement Office for assistance at 701-328-2773 or email infospo@nd.gov.

Bidders List Used for this Solicitation. Notices related to this IFB will be sent to the Bidders List for the needed commodity or service and other known potential offerors. The following commodity codes were used for the Bidders List for this solicitation: Visit the SPO Online system to select and insert all applicable 5-digit commodity codes.

Vendor Payment Registration. The successful bidder may be required to register as a new supplier to receive payment from the State. See the Office of Management and Budget website for more information: https://www.nd.gov/omb/vendor/vendor-payments

4. Submission Instructions. Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

Upload Response Through the State Procurement Online System (SPO Online):

Bidders MUST electronically submit Bid Responses through the State Procurement Online system (SPO Online) by the Bid Response Deadline.

1. This solicitation is posted on SPO Online at: https://www.nd.gov/omb/vendor

2. Click on “Bidding Opportunities.” Go to “Recent Solicitations” and find this solicitation.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Bid Response deadline.

4. Offerors must upload their bid response as requested in the bid response section of this IFB.

5. The maximum file size allowed is 50mb per file.

6. All field entries must be alphanumeric. Dashes and underscores are allowed; however the system does not accept other special characters such as apostrophe, & symbol, quotation marks, etc.

7. Bidders will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If you do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If you do not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit https://www.nd.gov/omb/vendor/bidder-resources for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

5. Additional Terms and Conditions. Additional terms and conditions submitted with a bid response are of no effect unless accepted in writing by the Procurement Officer. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06).

6. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

7. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

8. Bid Response Opening. All Bid Responses received by the Bid Response deadline will not be publicly opened by the Procurement Officer at the mailing/delivery location indicated in this solicitation. Interested parties are invited to attend the Bid Response opening.

9. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid Responses received and the award. Bid Response results may be posted on the SPO Online website: https://www.nd.gov/omb/vendor.

10. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. A vendor may be removed from the Bidders List if a solicitation notice is undeliverable. Vendors may be suspended or debarred from the Bidders List for cause. (N.D.A.C. ch. 4-12-05)

11. Changes/Corrections. Bidders must initial any changes or corrections to the Bid Response, such as erasures and crossed out/rewritten prices. The Procurement Officer may confirm the Bid Response when changes are not initialed.

12. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

13. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws. Interested parties may contact the Procurement Officer to request information related to this solicitation.

14. Packaging. All packaging must be strong and secure in accordance with accepted commercial practices.

15. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

16. Signature. The Bidder’s authorized representative must provide their printed name, title and sign the Bid Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)

17. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the deadline for questions or at least seven days before the Bid Response deadline, so the Procurement Officer can determine whether the specifications need to be amended.

18. Withdrawal or changes to a Bid Response prior to the Bid Response deadline. Before the Bid Response deadline, the Bidder’s authorized representative may withdraw or change a Bid Response by making a written request to the Procurement Officer.

19. Withdrawals or changes to a Bid Response after the Bid Response deadline. After the Bid Response deadline, no changes may be made to Bid Responses, except as provided in N.D.A.C. ch. 4-12-10. The Bidder’s authorized representative may make a written request to withdraw the Bid Response.

SECTION 2

EVALUATION AND AWARD

1. Award. Award will be made to the responsible Bidder with the lowest priced Bid Response that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

· Multiple awards to more than one bidder. Three (3) Vendors will be awarded contracts. Commercial food products costs are always fluctuating and with the limited budget that DOCR and other entities have they need to have the ability to buy their food at the best price possible every time. The multiple award will enable the State to buy products at the lowest possible price from all three vendors. It is in the best interest of the State to award to multiple bidders.

2. Award – Preference Laws. If Bid Responses are received from nonresident (out-of-state) Bidders, the Procurement Officer will apply reciprocal preference, if applicable, in accordance with N.D.C.C. §44-08-01. See OMB Guidelines on North Dakota Preference Laws.

3. Award – Tie Bid Response Preference. After applying any reciprocal preference, if a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must first be given to Bid Responses submitted by resident North Dakota vendors. (N.D.C.C. § 44-08-01.1)

b. If a tie remains, preference is given to approved vendors on the Bidders List. (N.D.C.C. § 54-44.4-09(4))

c. If a tie still remains, award shall be made in accordance with N.D.A.C. § 4-12-11-05.

4. Late Bid Responses. Bid Response responses must be received by the Procurement Officer by the Bid Response deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Procurement Officer and discovered before the selection of the successful Bidder. (N.D.A.C. § 4-12-08-13)

5. Responsiveness of the Bid Response. Any Bid Response that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. (N.D.A.C. § 4-12-11-03)

6. Minor Informalities. The State reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid Response document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Bidders. (N.D.A.C. ch. 4-12-10)

7. Mistakes. The Procurement Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

8. Responsibility of the Bidder. The Procurement Officer, at any time, may make a supplementary investigation as to the responsibility of any Bidder, even though the Bidder may be on the Bidders List. If a Bidder is determined to be not responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Bidder may be debarred or suspended from the Bidders List. (N.D.A.C. § 4-12-11-04)

9. Rejection. The State reserves the right to reject any and all Bid Responses in whole or in part. The Procurement Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

a. the Bid Response is determined to be not responsive to the instructions, specifications and other requirements of the solicitation, other than mistakes or omissions determined to be minor informalities;

b. the Bid Response is determined to be late;

c. the Bidder fails to comply with Bidders List Application requirements by the stated deadline;

d. the Bidder is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04;

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09)

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. State Contract. The contract resulting from this solicitation will be a State Contract made available to North Dakota state agencies and institutions.

2. Cooperative Purchasing. This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

3. Term of the Contract. The term of the contract issued as a result of this solicitation will be as follows:

a. Contract Period. This Contract term (Term) begins on 1/01/2021 or its Effective Date, and ends on 12/31/2021 .

b. No Automatic Renewal. This Contract will not automatically renew.

c. Extension Option. State reserves the right to extend this Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of this contract.

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to 4 options to renew this Contract under the same terms and conditions for a period of 12 months each.

e. Renegotiation Option. In view of the fact that it is unknown how long the products and services will be employed by STATE and that STATE will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial Term of this Contract including any extensions and renewals, STATE and Contractor may renegotiate this Contract upon mutual agreement of the parties.

4. Billing Address. After delivery of commodities or services under contract, the CONTRACTOR must submit a correct invoice. Payment will be made after inspection and acceptance.

· Invoices must be addressed to the Ordering Agency that places an order under this contract. All invoice and payment inquiries must be directed to the Ordering Agency. Any problems related to late payment may be escalated to the Procurement Officer.

5. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)

6. Contract Estimated Volume. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The CONTRACTOR or CONTRACTORs will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

7. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within Insert Number days after the request by the Procurement Officer.

The report format will be determined by mutual agreement of the CONTRACTOR and the Procurement Officer.

8. Ordering Website. CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract. The

9. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering Agency within 1 working days of the order placement.

10. Training. CONTRACTOR will provide training at no expense to the State at requested locations.

11. Delivery Location - F.O.B. Point and Freight. Delivery, freight and passage of title shall under this contract shall be as follows:

· F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price. Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

12. Sample Submission Requirement. Bidders must provide representative samples of the commodity being offered at no cost to the State to ensure compliance with the specification. All samples must be marked to show the Bidder's name, the bid number and title, and the bid item number. Upon request of the Bidder, samples not destroyed by examination or testing will be returned at the expense of the Bidder. If the Bidder does not request return of the sample within 7 days after notice of award, the sample will become property of the State (N.D.A.C. § 4-12-08-11).

· The successful Bidder maybe requested to send samples to evaluate comparable products before an award is made.

13. New Equipment and Materials. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States.

13. Inspection and Acceptance or Rejection. The State reserves the right to conduct inspections and investigations related to the Bidder and the offered commodities or services, including but not limited to the firm, personnel, qualifications, and the commodities and services offered to make determinations regarding compliance with the Bid Response requirements and responsibility of the Bidder. All material and workmanship are subject to inspection and testing by the State at the point of manufacturer, place of storage, or upon receipt. The State reserves the right to reject any commodities or services and terminate the contract if the CONTRACTOR fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the CONTRACTOR’s expense. Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

If commodities or services are rejected as being not compliant with the requirements of this solicitation, the State will inform the CONTRACTOR in writing. The Purchasing Agency may provide the CONTRACTOR with a reasonable opportunity to cure, whenever practicable, as set forth in writing by the Purchasing Agency.

14. Invoicing.

Orders will be placed by state agencies and institutions.

15. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Bidders may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax exempt certificate.

16. Price Adjustment. Pricing during the term of the contract will be as follows:

· Pricing, Firm-Fixed with Adjustment Provisions. Pricing under this contract shall be as follows: The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request. Pricing shall be firm for the first 30 days of the contract period. After the 30 day firm period, contractors may make changes to the price list. The percentage of fixed fee markup will remain the same during the term of the contract.

17. Pricing, Unit of Measure. The unit prices is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail. (N.D.A.C. § 4-12-10-02)

18. Specifications, Brand Name or Equivalent. Unless otherwise indicated in the solicitation specifications, the use of a specific brand name or make/model is for illustrative purposes only, and the State will consider equivalent products. If an alternate brand offered by a Bidder is rejected as not being equivalent, the Procurement Officer send a rejection notice, including the reason for rejection.

19. Background Checks for CONTRACTOR Personnel. The Purchasing Agency requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility.

CONTRACTOR shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel. Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR’s responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

1. Indemnification. The State and Contractor each agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this agreement.

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract. Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

1) Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

2) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

The insurance coverages listed above must meet the following additional requirements:

1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The amount of any deductible or self retention is subject to approval by the State.

2) This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.

3) The insurance required in this agreement, through a policy or endorsement, shall include a provision that the policy and endorsements may not be canceled or modified without thirty (30) days’ prior written notice to the undersigned State representative.

4) The Contractor shall furnish a certificate of insurance to the undersigned State representative within 30 days of the commencement of this agreement.

5) Failure to provide insurance as required in this agreement is a material breach of contract entitling State to terminate this agreement immediately.

SECTION 5

Bid Specifications

Section 1 Definitions The following definitions apply to this IFB.

Food Products may include, but are not limited to:

· Bakery ingredients

· Bottled beverages and juices

· Commercially prepared foods of all types

· Canned products, condiments

· Dairy –Cheese, Butter

· Dried food products, pasta

· Frozen food products

· Seasonings

· Various food service menu products

· Fresh or Specialty Meats,

· Fresh fruits & vegetables

· Flour

Items that are permissive to buy off contract:

· Dairy, such as liquid milk products

· Coffee or Coffee Service

· Fresh Bread

· Condiments- dressings, ketchup, mayo ect.

1.02 Cost Definitions

A. Estimated Annual Usage: (Est. Use :) refers to the estimated number of cases of this item purchased annually. The estimated annual usage will be used to compute the total price of that line item cost offered.

B. Defined Cost: The total of the Vendor’s invoice offered price per case, combined with factors that will include inbound freight, minus customer allowance and the other off invoice allowances. This will be used to determine the invoiced “State Price” per selling unit. All item prices shall be limited to two decimal points.

Example $20.25 is responsive; $20.254 will not be considered responsive.

C. Selling Unit: Unit of Case or Pail or Carton or Bag or a variation of the shipping pack, which is determined by the total of the units of measure defined in the food product description and offered for sale. For example Corn, Canned, 6/#10 cans, Case is the selling unit. Example, Sugar Packets, 2000 Packets/Case; Case is the selling unit. Flour, White, 25# Bag; Bag is the selling unit.

1.03 Product Definitions

a) Grade: (Grd.) Refers to USDA grading of produce, meats, dairy, and eggs. Grade A is the highest grade available for produce, and dairy. Grade AA is the highest grade available for fresh eggs. U.S. No. 1 is the highest grade for dried beans and peas. Highest grade is required for this contract.

b) Standard Unit Of Measure: May be the same as Pack/Size which refers to institutional case quantity and packaging. (e.g., 6/28 Ct = 6 packages, each having a count of 28, for a total quantity of 168 count.) In some cases, to ease the bidding process, the food item has been broken down to the pound or ounce as the unit of measure.

c) Alternate Unit of Measure: Any deviation from the Standard Unit of Measure as set forth in the Market Basket Cost Response Form, Part One.

1.04 Commercial Food Products Market Basket List:

The Market Basket is comprised of 110 items that represent significant spend on the current State contract. The Market Basket prices will be a fixed fee comprised of the suppliers defined cost. The Commercial Food Market Basket List may be known as MBL.

1.05 Commercial Food Products Market Basket List (MBL) detailed specifications defined:

a) If “acceptable brands," ”only,” or "no substitutes" requirements are set forth, the product must be provided as specified.

b) If a “brand” is “referenced”, any offerings must be equal to or better than the referenced brand. State will be the sole judge in determining “equal” products.

c) If no acceptable “brand” is noted in the cost response specifications for a specific food product; then “private label “food product of the highest grade may be offered.

1.06 Commercial Food Products Mark Up Product List (MUL):

Vendors may supply other food products in addition to items in the Market Basket. Bidders are instructed to supply a complete offering of their products, without State’s listed exclusions. Additional items shall include a mark-up percentage from supplier’s cost, including freight and other rebates or discounts to arrive at invoiced State Price. The Commercial Food Products Mark-Up Product List may vary as Vendor’s commercial food product distribution array evolves and may be known as MUL.

1.07 Audit of Sell Price:

The state will periodically conduct an audit of supplier’s for the period of time chosen by the State to review for accuracy. The limited audit scope shall not exceed 15 invoices in any 90 day period of this agreement. Vendors will provide all invoices, upon request, in a timely manner for review by State as an electronic file, or on -site audit at Vendor’s office. If any discrepancies are found in the limited scope audit, the State will request the scope include all suppliers’ invoices related to this state contract purchases.

Section 2 Scope of Services

2.01 Back Ground

The primary goal of this IFB is to economically and efficiently purchase commercial foods, in accordance with established nutritional, health, and safety standards by the USDA and U.S. Department of Education, to be delivered as required. Primary purchasing agencies (users) of this state contract will be the Department of Corrections and Rehabilitation (DOCR) who has responsibility for the direct care of clients and residents residing in 24/7 direct care facilities operated by the State Penitentiary, Division of Youth Corrections, James River Correctional Facility. The State Hospital, Jamestown, Life Skills & Transition Center, Grafton and Veterans Nursing Home, Lisbon are additional primary users with direct care facilities.

The Vendors are expected to continually apprise the State of opportunities to reduce cost and maintain high standards commercial food quality. The State may choose to use any part of a proposed order entry or inventory management system.

2.02 Deliverables, Special Requirements

a) High Quality of Food Products: Quality of appearance, flavor, and nutrition must meet or exceed the minimum requirements. The Bidder should bid and provide the fancy or top of the line “private label”.

b) Food Product Delivered: All food product delivered to the State for this contract must meet or exceed minimum standards as specified by State and proposed by Bidder.

c) Shipment Inspections: Representatives from the State or purchasing agencies may inspect shipments. Any product that fails to meet specifications may be rejected and returned for credit. State reserves the right to use or consume a delivered commodity that fails to meet specifications, other than health standards, if it is deemed necessary to do so. Acceptance of a portion of a substandard delivery shall not affect the right of the State to reject any other portion.

2.03 Commercial Food Product Brands

a) If a manufacturer’s name or brand is specified, it is intended to be for conveyance of quality, type or for identification; therefore a product bid as “Equal” must be comparable (equal or superior) to the item specified as determined by the State. If no acceptable brand or referenced brand is noted, product(s) of the highest quality are to be bid and are subject to the state or purchasing agency approval. “Private Labels” are acceptable unless otherwise noted. However, if bidding a private label, please also note manufacturer’s product and product # being represented. A certification letter or product sample evaluation for quality may be requested.

b) Each Vendor must note any items that are non-stock or are “special order” on the MBL Cost Response. There shall be no extra charge for the buying and storing of special order items. It is understood that purchasing agencies are not limited to ordering only those items contained in the Commercial Food Market Basket, and may request food products to accommodate holiday or special menus, menu changes, and new menus.

c) State requires that all food products provided must have a shelf life that comply with Industry Standards for product “use by” dates. When available, products should clearly show the use-by date, date of production, date of processing, sell by date, best if used by date, or similar markings. State will not accept repackaged or unmarked items.

All products delivered to the State shall be clearly labeled to indicate:

· manufacturer

· product origin

· net weight

· ingredients

· Federal, State, and local labeling requirements

2.04 Product Evaluation & Samples

a) Product evaluation may take place after bids are opened, prior to contract award, or at any time during the contract. Food product evaluations may be conducted for all equivalent food products bid. Please note that any item bid that varies in any way from the specifications found in the “Unit of Measure”, “Item Description” and “Product Specification” columns will be considered as an offer for an “equivalent” food product , therefore is susceptible for product evaluation.

b) During an evaluation, the current approved food product and the evaluated food product is compared side by side for taste, yield, and appearance. For example, in the case of a canned fruit evaluation, the fruit is drained and weighed; the fruit is checked for color, piece integrity, texture, taste and appearance.

2.05 Account Representative

The State desires an account representative that is familiar with the account, and able to assist users with ordering, product information, delivery, inventory management, receiving efficiencies and invoice issues. Upon award, the Vendors must provide contact information of the assigned account representative(s). The account representative must be able to make on site visits to the major accounts, and have, at a minimum, direct email, voice mail with a local phone number and fax number, or toll free number.

2.06 Order Schedule

The contract users must be able to input orders and make changes as late as twelve hours before the orders are to be delivered, with the exception of special or non-stock ordered product.

2.07 Delivery Schedules

The Vendors will agree with the terms herein:

a) Normal deliveries for the state are expected to take place Monday through Friday between 8:00 a.m. and 3:00 p.m., or a mutually agreed upon schedule.

b) All holidays, except designated State Holidays, which occur during the delivery schedule, are to be considered delivery days at no additional cost. A list of State holidays is available upon request.

c) Delivery schedules to a purchasing agency are to be considered negotiable until such time as they are mutually agreed upon between the purchasing agency and Vendors.

d) The Life Skills & Transition Center, in Grafton, requires deliveries twice a week.

e) The North Dakota State Penitentiary will require deliveries early in the week. Deliveries can be made anytime Monday 8:00am to 3:00pm, Tuesday 7:00am to 3:00pm and Wednesday 7:00am to 9:00 am.

2.08 Delivery Locations

The delivery is to be accomplished at the following locations within the State of North Dakota. Delivery sites will be subject to changes or additions:

Law Enforcement Ctr (Bismarck)

Occasional Delivery Locations:

2.09 Delivery Procedures, Credits and Returns

a) All Vendors facilities and delivery vehicles must conform to local, state, federal rules and regulations regarding sanitation and transportation and are subject to inspection by the State or purchasing agency or other officials at the discretion of the State. The trucks must be equipped to maintain the appropriate temperatures and product segregation as necessary.

b) Vendors must deliver all products individually labeled. Vendors will present an itemized invoice in duplicate or in an electronic file, to include product name, unit cost, extension, piece count and total charges, to accompany all orders. An authorized representative of the purchasing agency must sign or electronically approve delivery invoices.

c) All Vendor’s delivery personnel may be required to sign in at the operation’s office or entrance to facility before unloading. They shall deliver and off load all products to an area specified by the operation on the inside of the purchasing agency’s building. Vendors shall provide any equipment needed to complete this process.

d) All Vendor’s employees shall conduct business with State purchasing agency staff in a competent, courteous and professional manner. The purchasing agency staff will notify the Vendors of any chronic problems and may request that the offending personnel be removed from the account.

e) All refrigerated and frozen goods will be clearly dated with a production date. These products will be transported in temperature-controlled environments that are consistent with their recommended storage temperatures, as defined by the manufacturer standards. The products shall be maintained at their proper temperature throughout their staging, loading, transport and delivery to the purchasing agency.

f) Due to safety and security regulations at DOCR agencies, product must not be packaged in glass containers.

g) All food products discovered to be other than the specified product, or found to be delivered in a condition unsuitable for use by the purchasing agency, shall be refused at time of delivery. Concealed variations or latent defects, substitutions or damages will be subject to return for credit or replacement on demand of the purchasing agency. Unsatisfactory food product shall be retrieved by the Vendors at the next scheduled delivery.

h) The purchasing agency may request that the Vendors issue an immediate credit to the appropriate credit card or credit for all food products returned due to unacceptable quality, unauthorized product substitutions, damaged or spoiled product, unauthorized unit size, or products delivered with short use-by-dates. Vendors may make good any such discrepancy by replacement or other means satisfactory and acceptable to the purchasing agency. The Vendors will provide a hard copy pick-up memo at time of product return or for credit to the purchasing agency.

i) If an item cannot be delivered as ordered, Vendor’s must notify the purchasing agency immediately, either by phone or when placing orders, so decisions may be made concerning menu offerings and potential substitutions. Any returns or refused items are to be credited on the invoice at time of delivery.

2.10 Substitutions and Shortages

a) The purchasing agency must be notified prior to delivery of any shortages that will occur; either by phone or at the time the order is placed.

b) Authorized personnel of the purchasing agency prior to delivery must approve a temporary food product substitution. Substitute products must be of “EQUAL” quality as determined by the purchasing agency.

c) Permanent food product substitutions shall be not be made without prior approval from the Contract Administrator. The decisions on substitutions will be made by the State Contract Administrator based on cost, intended use, customer acceptance, including changes in brand, pack size, case count and weight. A contract amendment will be required for food product substitutions. If an alternate vendor is arranged by the supplier for substitutions or shortages, the State will be invoiced at the cost or the alternate selling price, whichever is lower. If the product is recalled or unsafe, the substitutions will be immediate and the State will work with the Vendors to resolve in the best interest of the State.

d) If the Vendor is no longer able to purchase the product for any reason, including discontinuance by manufacturer, then the Vendors shall provide a substitute product and price subject to approval by the purchasing agency. Product samples may be requested as part of the substitution approval process at the expense of Vendors. The distributor will match the Fixed Fee mark-up on the substituted product but not the price.

2.11 Food Product Recalls

Vendors must notify the State, and any purchasing entities, within one business day of a critical food product recall notification by the manufacturer of any items purchased and delivered within this contract. The Vendors will advise the State on the degree of action to be taken to remove the recalled food product. After award failure to comply with this requirement may be cause for termination. Vendors will arrange to promptly pick-up recalled product, and issue credit.

2.12 Disaster Plan for Delivery

a) The Vendors must have a disaster plan which addresses and defines its strategy for continuing deliveries in the event of disasters, such as natural disaster, pandemic, inclement weather, work stoppage, or other happenings. This plan would take precedence and eliminate any contractual reference toward force majeure or act of god, and further ensure the continuation of essential government goods and services to the State for the benefit, safety, and welfare of the clients and residents.

2.13 Required Licenses

At the time specified by the deadline for submission of proposals, the Vendor must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract. Vendors that do not possess required licenses or permits at the time proposals are due will be determined non-responsive.

2.14 Computer Based Direct Order Entry, Online Product Guide, and Inventory System

Vendors must provide the following system to meet the requirements of the bid.

a) Ability to provide a full service WEB BASED secure site direct order entry system that can be run on personal computers, using the state’s current operating systems at no charge to the State. The system should be accessible through a secure Internet connection (“HTTPS:”). State will not provide technical assistance for users; support for this software must be the responsibility of the Vendors.

b) Prior to award, web based systems or software may be subject to review by State and prime users to ensure compliance with proposed abilities and ease of user interface.

c) Upon award, Vendors must be able to provide training for users on how to use the Vendor’s Direct Order Entry, Online Product Guide, and Inventory System for CFMB and MUL product listings.

d) The following are desired features:

· maintain a customized order guide specific for each purchasing agency

· be password protected

· provide electronic access to the entire, but separate food products lists, in the Commercial Food Market Basket and the more expansive Mark Up List

· provide purchasing agency’s current sell price and mark up, if applicable to the product

· provide on-line help capabilities

· provide a reliable back-up system in place

· provide ability to print a confirmation after an order is transmitted and delivery date

· display any out of stock items or other problems with the order

· provide easy to use category index or look up system

· provide a search by item code; alpha lookup for item name and/or brand name

· provide ability to transmit orders 24 hours a day

· Ability to login by hierarchy level that provide:

· provide expanded nutrition and product information, with ease of use for comparison for menu planning

· ability to assist with inventory management through warehouse mapping and tracking

· ability to support user with technical assistance in a prompt manner

2.15 Training and Support for Computer Based System

State desires full technical support related to Vendor’s systems for users. Vendors must have provisions for:

· Technical support person assigned to the purchasing agency account to provide assistance, in a timely manner

· training procedures, brief description

· initial on-site user training in the use of the online order guide and system, upon request

· user manuals on the operation of the system

· full emergency support to service the purchasing agency in the event of a Vendors computer failure

· on-going and refresher training provided for new and current purchasing agency staff;

As upgrades to the Vendor’s existing direct order entry system occur during the contract period, the upgrades must be made available to the using agency at no additional charge. Following the award, the purchasing agencies may choose to work with the Vendors to develop a current on line order guide to meet specific needs.

2.16 Manual Order Telephone or Fax System

A manual call or fax in system shall be…