FAU16-89-67,_Flour.pdf

Form GSOP S5-PIN (15-04)

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

Invitation for Bid

DUE DATE

May 10, 2016 Responses must be delivered to the Procurement Division before 2:00 PM on the Due Date

BIDDER NAME AND ADDRESS SOLICITATION NO. REV. DATE

FAU16-89-67 04/21/16

DELIVERY DATE

As Specified

PAGE

PURCHASE EST. NO. REV.

N/A

AGENCY BILLING

CODE

N/A

AGENCY PURCHASE EST NO.

N/A

F.O.B. DESTINATION UNLESS

BIDDER STATES OTHERWISE

ARE YOU CLAIMING PREFERENCE

AS A CALIFORNIA CERTIFIED

SMALL BUSINESS?

____ % CASH DISCOUNT FOR

PAYMENT WITHIN ____ DAYS

SHIP TO:

YES NO

IF YES, MANUFACTURER?

ARE YOU A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBBIDDER

PREFERENCE?

NAME(PRINT)

SEE REQUIRED PAYMENT

DATE OF THE GENERAL

PROVISIONS PARAGRAPH 30.

Various Statewide Agencies TITLE

SIGNATURE DATE

FOR FURTHER

INFORMATION,

CONTACT:

Jennifer Balluch (916) 375-4403

SECTION 14835 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO QUALIFY

AS A SMALL BUSINESS OR BIDDERS

WHO QUALIFY AS A NON-SMALL

BUSINESS CLAIMING AT LEAST 25%

CALIFORNIA CERTIFIED SMALL

BUSINESS PARTICIPATION. THE

RULES AND REGULATIONS OF THIS

LAW, INCLUDING THE DEFINITION OF

A SMALL BUSINESS OR QUALIFYING

NON-SMALL BUSINESS, ARE

CONTAINED IN TITLE 2, CALIFORNIA

CODE OF REGULATIONS, SECTION

1896, ET SEQ.

TELEPHONE NUMBER FAX NUMBER

Return To:

EMAIL ADDRESS

DGS/PROCUREMENT DIVISION

Attn: Bid Room Event #1268, BU 77601

MS 201

P.O. BOX 989054

FEDERAL EMPLOYER IDENTIFICATION NUMBER

W. SACRAMENTO, CA 95798

Bidder offers and agrees if this response is accepted within 45 calendar days from the date of opening to furnish all of the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified above and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY: By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) the National Labor Relations Board declaration set forth in Paragraph 43 of the General Provisions is true and correct. (3) If a claim is made for contract preference, the information set forth within is true and correct.

(89-67) Procurement Division Reference Only

NOTICE: This solicitation incorporates new legal requirements and specifications.

Bidders must take the responsibility to read the entire IFB carefully. If clarification is necessary, the bidder must submit appropriate questions in writing as soon as an issue becomes apparent. The bidder must submit all required responses by the required dates and times specified in the IFB in order to receive maximum consideration during the procurement process. The bidder must make sure that all procedures and requirements of the IFB are accurately followed and appropriately addressed. The bidder should carefully read the entire IFB before submitting a Bid.

Master Version 4-5-16

IFB # FAU16-89-67

Flour

I. INTRODUCTION AND OVERVIEW

A. SCOPE

This Invitation for Bid (IFB) covers the estimated State of California requirements for Flour for the period of July 1, 2016 through June 30, 2017.

In addition, any contract resulting from this solicitation will contain an option to extend the contract for one (1) additional year or any portion thereof. Any extension must be made by mutual agreement between the State and the awarded bidder(s). If the contract is extended, there will be no limit or guarantee as to the product quantities to be purchased during the extension term.

The State has many customer institutions that may utilize the resulting contract. These delivery sites are listed as “Northern Institutions” and “Southern Institutions” in Section VII, Forms and Attachments, Attachment 2. The Department of General Services (DGS) Procurement Division may when deemed necessary, add or delete delivery sites during the contract term.

An award, if made, will be made to a responsive bidder(s) who submits all required submissions on time, whose past performance does not pose a risk to the Government, and whose offer is the lowest price technically and administratively compliant. An offer is technically and administratively compliant if its capabilities conform to the State's administrative and technical requirements and specifications contained herein.

B. DEPARTMENT OFFICIAL

Jennifer Balluch, Contract Administrator DGS/PD – Food Acquisitions Unit 707 3rd Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Phone: (916) 375-4403 jennifer.balluch@dgs.ca.gov

C. BIDDER INSTRUCTIONS

The applicable Bidder Instructions are located at the link below:

http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf

D. GENERAL PROVISIONS

The applicable General Provisions are located at: http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf

E. BIDDER INFORMATION LISTING

Bidders that want to participate in this IFB are encouraged to submit a Bidder Information sheet (located in Section VII, Forms and Attachments, Exhibit 1). The listing should identify the contact person for the solicitation process, and include a phone number, fax number, and email. There is to be only one contact person during the process. Information related to a bidder will only be given to the designated contact person. It shall be the bidder’s responsibility to immediately notify the State Department Official, in writing, regarding any revision to the information pertaining to the designated contact person. The State shall not be responsible for bid correspondence not received by the bidder if the bidder fails to notify the State, in writing, about any change pertaining to the designated contact person.

mailto:jennifer.balluch@dgs.ca.gov http://www.documents.dgs.ca.gov/pd/modellang/GSPD451-110911.pdf http://www.documents.dgs.ca.gov/pd/modellang/GPnonIT060810.pdf

In addition, bidders are encouraged to submit a Customer Service Information sheet (located in Section VII, Forms and Attachments, Exhibit 1B). This sheet should identify the contact information to be used by ordering agencies for the placement of orders and for customer service inquiries during the contract term.

F. DGS AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE

Please see Bidder Instructions Paragraph 23, “Americans with Disabilities Act (ADA)”.

G. RESPONSE CHECKLIST DISCLAIMER

This bid includes a Response Checklist in Section VII, Forms and Attachments. The State makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. Checking off the items on the checklist does not establish your firm’s intent nor does it constitute responsiveness to the requirement(s). This checklist is only a tool to assist participating bidders in compiling their final bid response. Bidders are encouraged to carefully read the entire solicitation. The need to verify all documentation and responses prior to the submission of bids cannot be overemphasized.

H. PUBLIC INSPECTION OF BID DOCUMENTS

Bidders are reminded that they should have no expectation that the State will treat their bids, once publicly opened and read, as private or confidential. All bid submittals, including follow-up submittals requested by the State, will be included in the solicitation file, which will be made available for inspection and copying by other bidders and interested members of the public, and may also be made publicly available on the Internet. In cases where bid materials are marked as confidential, proprietary, or otherwise not permitted to be publicly disclosed, those markings will be disregarded as inconsistent with the rules governing this solicitation.

II. RULES GOVERNING COMPETITION

A. REQUIREMENTS

The State has established certain requirements with respect to bids to be submitted by prospective contractors. The use of “must,” “shall” or “will” (except to indicate simple futurity) in the IFB indicates a requirement or condition from which a deviation, if not material, may be waived by the State. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid, amount paid to the Contractor, or on the cost to the State. Material deviations cannot be waived.

B. DESIRABLE ITEMS

The words “should” or “may” in the IFB indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the bid.

C. VALIDATION REQUIREMENTS

The State will check each bid detail to determine its compliance to the bid requirements. If a bid fails to meet bid requirements, the State will determine whether the deviation is material. A material deviation will be cause for rejection of the bid. An immaterial deviation will be examined to determine if the deviation will be accepted. If accepted, the bid will be processed as if no deviation had occurred.

If your bid has any deviations, please list the deviations on a separate page and label “Deviations of Bid.”

D. BID SUBMITTAL

For this bid, there will be three methods of bid submittal. Bids must be submitted by 2:00 pm as of the due date on front page of this bid. These methods are:

1. Mail: Mailed bids must have the solicitation number, business unit, and buyer name listed on the address label.

Mailing address:

Department of General Services, Procurement Division Attn: Bid Room Event #1268, BU 77601, Jennifer Balluch

MS 201

P.O. Box 989054 West Sacramento, CA 95798

Physical and shipping address:

707 3rd Street, 2nd Floor, MS 201 West Sacramento, CA 95605

2. Facsimile: Facsimile (fax) machine bids will be considered only if they are sent to (916) 375-

4613. Bids sent to any other Procurement Division fax number will not be considered. To be considered, all pages of the faxed bid that are received prior to the bid opening time specified in the bid will be considered “the complete bid”. Please be advised that there is a heavy demand placed on the fax machine receiving bids, and the State assumes no responsibility if a bidder cannot transmit their bid via fax, or if the entire bid is not received prior to the bid opening time.

3. Drop Off: Bids may be dropped off at the mailing address above. Submit bid to the receptionist by no later than 2:00 p.m. on the bid opening date. The receptionist will time-stamp the bid in to record the time the bid was received.

E. RESPONSIBLE BIDDER

The Department of General Services may require of the bidder evidence of their qualifications to perform specifics of the contract at such times, and under such conditions, as the particular contract may require. Prior to the award of the contract, the State must be assured that the bidder selected has all of the resources to successfully perform under the contract. This includes, but is not limited to, appropriate personnel to perform the contract with the skills required, availability of appropriate equipment in sufficient quantity to meet the on-going needs of the State, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the bidder's ability to perform the contract, the State has the option of requesting from the bidder any information that the State deems necessary to determine the bidder's responsibility. If such information is required the bidder will be so notified and will be permitted approximately five working days to submit the information requested. The question of whether a particular bidder is a responsible bidder involves an evaluation of the bidders’ experience, facilities, reputation, financial resources, and other factors existing at the time of contract award. If determined to be not a responsible bidder, your bid will be rejected.

F. FREE ON BOARD (F.O.B.) DESTINATION

For the purposes of this solicitation, all prices offered shall be F.O.B. destination freight prepaid by the Contractor to the ordering organization's receiving point.

G. PAYMENT

The promptness of payments shall be governed by Government Code 927 et seq. Invoices are not due and payable until the services and/or products are provided and accepted by the State (see General Provisions Paragraph 30, “Required Payment Date”). Delivery of goods must be completed before payment can be authorized.

H. OTHER

Only bids quoted on the State’s own form will be considered. Bids submitted referencing bidder attachments which include legal terms and conditions that conflict with the State’s general bid provisions shall be considered non-responsive and such bids shall be rejected.

Documents, attachments, or links incorporated herein by express reference, are those in effect at the time of the issuance of this Solicitation (see Rev. Date, page 1), unless changed with an Addendum to the Solicitation by the Department of General Services.

This solicitation is being conducted independently of any other solicitation, past or present.

I. SMALL BUSINESS PARTICIPATION

Small businesses are desired and encouraged to participate in this bid. Section 14838 of the Government Code provides that a 5 percent preference shall be given to bidders that are certified by California as a small business, or that commit to subcontract at least 25 percent of the bid price to one or more California certified small businesses. If claiming this preference, check the appropriate box on the front page of this IFB.

If a business is not already certified as of the bid deadline, completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Regulations governing the small business program and the application of the 5 percent preference are in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, starting with Section 1896). Additional information on the small business program is online at the Department of General Services website.

This IFB shall be awarded to the lowest responsible bidder meeting specifications, per Public Contract Code Section 10301. In the case where the lowest responsible bidder meeting specifications is a large business, the State shall prefer to award to a California Certified Small Business or large business bidders that provide for California Certified Small Business subcontractor participation.

The small business preference is applied to the total cost during the evaluation and shall be computed as follows: If a responsible large business has submitted the lowest bid meeting specifications, a preference equal to 5 percent of the total amount shall be computed and shall constitute the small business preference, per Government Code Section 14838.b.1. The preference shall be subtracted from the bid amount of all responsive California Certified Small Businesses, or large businesses that have committed to use a small business for at least 25 percent of each contract (CCR 2 1896.8).

The preference shall only be used when a responsible large business has submitted the lowest-priced, responsive bid and shall not be awarded to a noncompliant bidder (CCR 2 1896.6). The preference is capped at a maximum of $50,000 for any bid, and the maximum value of combined preferences shall not exceed $100,000.

In bids that the State has reserved the right to award by line item, group, or make multiple awards, the small business preference shall be applied to maximize the participation of small businesses (CCR 2 1896.8). Regardless of the number of items, groups, or multiple awards, in no event shall the amount of the small business or non-small business subcontractor preferences awarded on the entire IFB exceed

$50,000 (CCR 2 1896.8).

At the State's option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

J. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

This solicitation is exempt from DVBE participation requirements (Exemption Code 28).

K. TARGET AREA CONTRACT PREFERENCE ACT (TACPA) PREFERENCE REQUEST

1. A contract preference will be granted to California-based bidders in accordance with the Target

Area Contract Preference Act (TACPA), Government Code Section 4530 et seq. This preference will be available whenever contracts for goods are in excess of $100,000 and the bidders meet certain requirements as defined in the California Code of Regulations, Title 2, Section 1896.30-

1896.41 regarding labor needed to provide the goods being procured. Bidders must apply to be eligible for the TACPA preference, but application is not required to participate in this solicitation.

2. Submission of the TACPA Monthly Performance Report of Labor Hours is a mandatory contract requirement for companies that have applied for TACPA preferences that demonstrates the Contractor is being a responsible supplier to the State of California. The required reports shall be submitted to the Dispute Resolution Unit (DRU) no later than the 15th day of each proceeding month during the contract period. If the State does not receive the required reports by the required due date, it may impact future contract awards to the Contractor.

3. Bidders are alerted that Worksite and Workforce Preferences for TACPA MUST be met if preferences are approved regardless of preference amount needed to win a contract award. The State will hold the awardee to meeting the workforce preference requested in the preference application. Failure to meet the obligation could result in Default by Contractor and be subject to sanctions as set forth in law.

4. Bidders desiring to claim TACPA preferences must submit a fully executed copy of the Standard

Form 830, Bidder’s Summary form, and Manufacturer’s Summary form (if supplying goods) with their bid. These forms can be found at: http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx under “Resource Information”.

5. The State reserves the right to verify, validate, and clarify all information contained in the TACPA application (STD 830). This includes, but is not limited to, information from bidders, manufacturers, subcontractors, and any other sources available at time of bid evaluation. Bidder's refusal to agree or comply with these terms, or failure to provide additional supporting information at the State's request may result in denial of the requested preference.

6. Bidders are advised that TACPA workforce preferences between 1-4 percent are based on the bidder agreeing to hire certain identified persons equal to a percentage of its workforce during the contract performance period. The application form, STD 830, incorrectly lists workforce preference as percentage of total contract labor hours.

Bidders applying for TACPA preferences are encouraged to review the preference program materials carefully to ensure that their submittals conform to the programs’ requirements.

Bidders are not required to apply for TACPA preferences. Denial of TACPA preference requests is not a basis for rejection of the bid.

Contracts awarded with applied preferences will be monitored throughout the life of the Contract for compliance to statutory, regulatory, and contractual requirements. The State will take appropriate corrective action to apply sanctions as necessary to enforce performance programs.

Effective Friday, October 9, 2015, the Department of General Services (DGS), Procurement Division’s (PD), Dispute Resolution Unit (DRU) will process all TACPA site evaluations utilizing the new integrated map. All departments’ procurement personnel and California based businesses/suppliers are encouraged to utilize this interactive map to determine if a business location is within a TACPA zone. You may access the TACPA map website at the following link: http://tacpa.dgs.ca.gov

L. DEFAULT BY CONTRACTOR

The State reserves the right to take action pursuant to General Provision Paragraph 24, “Termination for Default,” and General Provision Paragraph 26, “Rights and Remedies of State for Default,” for Contractor failure to comply with contractual terms and conditions.

http://www.dgs.ca.gov/pd/Programs/DisputeResolution.aspx http://tacpa.dgs.ca.gov/

M. ALTERNATIVE PROTEST PROCESS

The State is conducting this IFB under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.). By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. Alternative Protest Process regulations are available at: http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

Any bidder wishing to protest the proposed award of this solicitation must submit a written Notice of Intent to Protest the proposed award of this solicitation, which must be received (facsimile acceptable) (email NOT acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 1st working day after issuing the Notice of Intent to Award, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the written Notice of Intent to Protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South

Fax: (916) 376-6226

Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

N. PROTEST BOND REQUIREMENT

Bond amount for this Alternative Protest Process shall not be less than 10% of the estimated contract value. See California Code of Regulations, Title 1, Section 1418.

O. NEGOTIATIONS

Pursuant to Section 6611(a) of the Public Contract Code, the State may, at its sole discretion, negotiate the Administrative and Technical responses with bidders who submitted timely bids.

The State may identify areas in the Bid that do not meet the IFB requirements and, if altered under 6611 negotiations, could improve its chance of compliance.

The State may negotiate Cost Proposal responses with bidders.

The State shall not negotiate the General Provisions.

The State may conduct negotiations by any means necessary or appropriate, including email, voice, electronic conferences, or in-person meetings. Bidders must be available for negotiations within timeframes established by the State.

P. NOTICE OF INTENT TO AWARD

A Notice of Intent to Award will be publicly posted at:

http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx

Department of General Services Procurement Division 707 Third Street, Second Floor

A written notification of the State’s intent to award will be made to all bidders who request in writing for notification.

III. ADMINSTRATIVE REQUIREMENTS

A. DEFINITIONS

Manufacturer—for the purposes of the administrative and technical requirements of this IFB, the "manufacturer" of a product is the firm that produces it in the final form, including packaging, in which it is delivered to the State. If Company A produces a product and delivers it in bulk form or in large containers to Company B, which repacks it into the packaging required by the State, Company B is the manufacturer. (However, simply placing smaller packages into cases or pallets does not count as manufacturing.)

Chain of Distribution—the chain of distribution for a given product starts at the manufacturer's plant and ends with the institution to which the product is delivered. It includes all facilities where the product is stored or warehoused on its way to the institution, and all transportation from one point to the next.

B. PRODUCT LITERATURE AND NUTRITION FACTS

Bidder must provide literature describing exactly what they are bidding including product specification(s) and/or description(s) for all product(s) offered in order for the bid to be considered. This information must clearly show that the product(s) is (are) compliant to the State Bid Specification and Scope of the solicitation. The product literature shall include the ingredients list for the product(s).

Provide product nutrition facts label for each product offered. The product code number, if applicable, should be listed on the label. If a product nutrition facts label is not available, then a letter on the manufacturer’s own letterhead must be submitted clearly stating that the nutrition facts label is not required or is voluntary and cite the applicable law/regulations.

C. MANUFACTURER’S LETTER

If you are not the manufacturer, you must provide a letter on the manufacturer's letterhead confirming that the manufacturer has an agreement with your firm to supply the product. Alternately, if your company is purchasing the product(s) through a company other than the manufacturer, an agreement is required between your company and the company from which you are purchasing the product(s).

Additional agreements may be required, at the State’s discretion, in order to establish the responsibility of the bidder and the reliability of the supply chain.

D. DISTRIBUTION PLAN

For this IFB, the State requires the bidder to provide a written distribution plan. The plan must be specific to this IFB and the resulting contract and must cover the entire chain of distribution, as defined above. The distribution plan must cover each point in the chain of distribution where the product is stored or warehoused, and how the product gets from each point to the next. You must also explain how you plan to coordinate the activities of your subcontractors and manage performance to ensure timely fulfillment of orders.

E. WAREHOUSE AND TRANSPORTATION AGREEMENTS

If your company is utilizing a contract warehouse, you must provide a letter on the warehousing company’s letterhead confirming that the warehousing company has an agreement with your firm to warehouse the product.

If your company is utilizing a third-party transportation company, the State may require you to provide a letter on the transportation company’s letterhead confirming that it has an agreement with your firm to ship the product.

F. FOOD SAFETY – GENERAL REQUIREMENTS

For a bid to be deemed responsive, the bidder must furnish evidence that each of the companies and facilities 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 G.

• Facilities outside California must fulfill the requirements in Paragraph H.

• 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 G and H.

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, you should provide a Food Safety Information Listing (see Section VII, Forms & Attachments, Exhibit 2). If you need to provide this information for more than one facility, make copies of this sheet for as many companies you need to list.

G. FOOD SAFETY – FACILITIES IN CALIFORNIA

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

• A 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 F.

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.

H. FOOD SAFETY – FACILITIES OUTSIDE 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 the 14 months before the bid deadline. The facility must have received an overall assessment that is satisfactory to the State.

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:

• AIB International (formerly American Institute of Baking)

• Inspections against the BRC Global Standard when performed by firms currently listed in the BRC Directory (http://www.brcdirectory.com)

• ASI Food Safety Consultants

• Silliker

• NSF

• Food Safety Solutions Inc.

• Food Audits International

• SAI Global

• Primus Labs

• NCSI Americas, or NCS International

• Bureau Veritas

Bidders wishing to use other inspection/audit companies not listed above must seek and obtain advance written approval by the Food Acquisitions Unit for this specific IFB, prior to the bid deadline.

It is the bidder’s responsibility to submit such requests as soon as possible in order to give the Food Acquisitions Unit adequate time to review the request.

At the State’s discretion, the State may accept an inspection conducted in the 10 days after the bid deadline, 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.

I. MEAT, POULTRY, EGGS, FISH, AND SEAFOOD PRODUCTS

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” (refer to http://www.seafood.nmfs.noaa.gov/approved_establishments/approvedestablishments.html). In lieu thereof, the shipment may be lot inspected by the USDC and containers stamped to indicate acceptance 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.

J. COMMERCIALLY USEFUL FUNCTION

Certified small businesses bidding to the State or listed as subcontractors are required to perform a commercially useful function. To perform a commercially useful function, a firm must do all of the following:

• Be responsible for the execution of a distinct element of the work of the contract.

• Carry out this obligation by actually performing, managing, or supervising the work involved.

• Perform work that is normal for its business services and functions.

http://www.brcdirectory.com/ http://www.seafood.nmfs.noaa.gov/approved_establishments/approvedestablishments.html

• Not be further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

If your firm is a certified small business, you must demonstrate that you fulfill this requirement.

Information on your firm’s commercially useful function may be integrated into the Distribution Plan or provided separately.

If your firm is proposing to use a small business subcontractor, and its function is not clearly explained in the Distribution Plan, you must describe how the subcontractor fulfills this requirement.

Firms whose role is limited to that of an extra participant in the contract through which funds are passed in order to obtain the appearance of small business participation do not perform a commercially useful function.

K. BIDDER DECLARATION

All bidders must complete the Bidder Declaration form. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified, unless the State agrees to a substitution. Unless you are the manufacturer, the company from which you are buying the finished product is one of your subcontractors and must be listed on the Bidder Declaration.

Visit the Department of General Services website for more information. Refer to http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf for a downloadable version of this document.

L. DARFUR CONTRACTING ACT

All Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475- 10481).

If your company has business activities or other operations outside the United States, or has had business activities or other operations outside the United States within the last three years, your company must complete and return Exhibit 3 with your bid.

Bidders that have not had any business activities or other operations outside the United States within the last three years do not need to complete and return Exhibit 3.

M. REFRIGERANT MANAGEMENT PROGRAM

Bidders must comply with the California Air Resources Control Board’s Refrigerant Management Program, which requires all facilities with large or medium refrigeration systems of 200 pounds of refrigerant or more, to register and submit an Annual Report each year by March 1 for their refrigeration system operations, leak inspections, leak repairs, and other refrigeration system and automatic leak detection system servicing for the previous year. Facilities with small refrigeration systems (over 50 pounds, but less than 200 pounds) will be required to register by March 1, 2016.

For more details on the requirements of the regulation, please visit www.arb.ca.gov/stoprefrigerantleaks. If you need more information or have additional questions, http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf http://www.arb.ca.gov/stoprefrigerantleaks you can reach the Air Resources Control Board via email at reftrackinfo@arb.ca.gov or call (916) 324- 2517.

N. CLARIFICATION AND ADDITIONAL DOCUMENTATION

At the State’s option, prior to award, bidders may be required to submit additional written clarifying information or documentation regarding compliance with any of the administrative requirements covered in this section (Section III) of this IFB, or any of the technical requirements in Section IV (including attached specifications). Failure to submit the requested written information may be grounds for bid rejection.

O. PAYEE DATA RECORD

Bidders must complete the Payee Data Record form and submit the completed document in order to receive payment. Bidders are encouraged to submit this form with their bid. Omission of this form will not result in rejection of the bid.

The form is available at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

P. PRODUCE DEALER OR PROCESSOR’S LICENSE

Pursuant to California Food and Agricultural Code § 55401-56652, some contract items may require the bidder to hold a valid Produce Dealer’s License or Produce Processor’s License from the California Department of Food and Agriculture (CDFA) at the time of bid opening. It is the responsibility of the bidder to determine whether the license is necessary and obtain it prior to submitting a bid. Failure to have the appropriate CDFA license may be deemed a material deviation and cause the bid to be rejected. Should the bidder be awarded the contract, a valid license must be maintained through the term of the contract. If the license becomes invalid during the contract term, the bidder may be deemed in default of the contract and subject to penalties from DGS. In addition, separate penalties may be imposed by CDFA.

Food and Agricultural codes: http://www.cdfa.ca.gov/mkt/meb/laws.html CDFA Market Enforcement: http://www.cdfa.ca.gov/mkt/meb/

Q. FINANCIAL STABILITY:

If requested, bidder must document its ability to service a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past sales history. The bidder must be financially stable and able to substantiate the financial statements of its company. In addition to sales history, current financial statements may be requested and must be provided within five business days.

The State reserves the right to request additional documentation from the bidder and to request reports on financial stability from independent financial rating services. The State reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this bid.

mailto:reftrackinfo@arb.ca.gov http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.cdfa.ca.gov/mkt/meb/laws.html http://www.cdfa.ca.gov/mkt/meb/

IV. TECHNICAL REQUIREMENTS

A. SPECIFICATIONS

The offered products must be in accordance with the attached Bid Specifications in Section VII, Forms and Attachments, Specifications. All items furnished shall be latest pack on date of shipment and shall be first quality when grade is not specified.

8920-16BS-002, Wheat Flour, April 1, 2016

B. SHIPPED ORDERS/PRESERVATION, PACKAGING & PACKING

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.

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.

All shipments must comply with General Provisions Paragraph 12, “Packing and Shipment.”

Foil may present a security or safety risk, and is not acceptable packaging material.

C. 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 0 degrees or lower to destination. Products should be loaded in 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 0 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.

http://www.nmfta.org/

D. PRODUCT LABELLING REQUIREMENTS

All processed food products are required to comply with the Federal Food, Drug and Cosmetic Act (http://www.fda.gov/opacom/laws/fdcact/fdctoc.htm ). The product must bear a label complying with the Act, which requires that all ingredients be listed according to the order of their predominance.

E. TRANS-FAT CONTENT

The State prohibits products containing artificial trans-fats for use in food service facilities in California, including kitchens in State of California institutions. Labels for your products must list trans-fat content in a manner that complies with applicable State and federal labeling requirements. If your products contain 0.5 grams or more per serving of artificial trans-fat, the State will consider those items as not compliant for this bid. For the purposes of this bid, if your item contains any partially hydrogenated oils, the State will assume all trans-fats in the product are artificial.

http://www.fda.gov/opacom/laws/fdcact/fdctoc.htm

V. CONTRACT PERFORMANCE

A. MODIFICATION OF CONTRACT

At the discretion of the State, any contract resulting from this solicitation may be modified in whole or in part upon mutual agreement of both parties. Such modifications shall be in writing, signed and dated by an authorized representative of each party.

B. SHORT TERM EXTENSION

In the event the State has not issued a replacement contract, the State may unilaterally extend any contract let and awarded hereunder for an additional period of up to one month upon notice to the Contractor. The extension will carry the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one-month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month.

C. EXTRAORDINARY EXTENSION OPTION

In the event of an extraordinary circumstance, the State upon mutual agreement with the contractor may extend the contract for up to one (1) additional year beyond the stated term and any noted extensions. Extensions during this period may occur in various increments until the establishment of a new contract (the total of the Extraordinary Extension terms shall not exceed one (1) additional year).

All original Terms and Conditions shall remain the same during the extensions. Extraordinary Extension option may be exercised in the event that a replacement contract cannot be established due to the protest of Intent to Award, loss of key State procurement staff, declared emergency, or other circumstance that would otherwise cause an unanticipated disruption in the State contracting process.

D. MINIMUM ORDER QUANTITY

The Minimum Order Quantity (MOQ) for this contract is any combination of ten (10) 50 pound bags per delivery. The State will not accept any increases to the MOQ by the Contractor. At Contractor’s discretion, orders for less than the MOQ may be accepted.

Delivery schedules and quantities per included estimated usage for each institution are estimates and may vary from the actual ordering pattern.

E. TERMINATION FOR CONVENIENCE

The State may terminate this contract for convenience upon thirty (30) days written notice. Upon termination or other expiration of this contract, each party will assist the other party in an orderly termination of the contract, as may facilitate the orderly, non-disrupted business continuation of each party.

F. PRODUCT DISCONTINUATION AND SUBSTITUTION

In the event a specified Product listed in the Contract becomes unavailable or cannot be supplied by the Contractor (except as provided for by General Provisions Paragraph 25, “Force Majeure”) it is the Contractor’s responsibility to inform the Department of General Services’ contract administrator in a timely fashion. The notification should include the date of loss of availability and the current inventory level for the product.

The Contractor may propose a product to be substituted. The substitute product must be deemed in writing by the Department of General Services to be acceptable. The contractor shall provide to DGS complete information on the replacement product. Unless otherwise specified, any substitution of Product prior to the written approval of DGS may be cause for cancellation of contract. In the event that a contractor is unable to provide a replacement, in addition to other remedies, it is the State’s right to cancel the contract in whole or in part.

G. ORDERING PROCEDURE

1. State agencies shall send their complete Purchasing Authority Purchase Order (STD 65) and delivery schedule to the Contractor at least 15 days prior to the requested first date of the delivery schedule. The Contractor must confirm receipt of the purchase order, via either e-mail or facsimile, within 48 hours of receipt.

2. If the Contractor is unable to meet the requested delivery schedule, the Contractor will contact the ordering agency to arrange for a mutually acceptable modified delivery schedule.

3. The Contractor may reject an agency’s Purchase Order that is submitted less than 15 days prior to the first requested delivery date. Such rejected Purchase Order may be re-submitted for delivery.

4. If a new contract is not in place by the first day of the expiring month of this contract, purchase orders can be submitted up to 15 days prior to contract expiration. Delivery may be requested up to the final day of the contract. Contractor will be responsible for deliveries if delayed after the expiring day of the contract, or if a new delivery date is negotiated after the expiring day of the contract.

Quantities should be relative to regular ordering patterns. The State and Contractor will review excessive quantities for acceptance.

H. EMERGENCY ORDERS/FREIGHT RATES

If there is an emergency order, the Contractor has the right to accept shorter delivery times, which will be subject to LESS-THAN-TRUCKLOAD (LTL) freight rates. Contractor shall notify the ordering agency upon receipt of the order that such higher freight rates are forthcoming. Such notification shall be by telephone and confirmed in writing within 24 hours of receipt of any late order against this contract.

I. DELIVERY TIMELINESS

This contract will be separate from any other contract. Deliveries required from this contract shall NOT be withheld due to the unavailability of goods for delivery under any other contract. Failure to deliver goods in strict conformance with the terms and conditions of this contract will incur default action as provided for under General Provisions Paragraph 26, “Rights and Remedies of State for Default”. This includes timeliness of deliveries and quality levels of items received.

NOTE: Holding orders for full truckloads is not acceptable. If the Contractor is found doing so, without authorization from the institution(s) being delivered to, the Contractor can be found in default of the contract.

J. 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.

K. DELIVERY INSTRUCTIONS

It shall be the Contractor’s responsibility to obtain proper clearance for delivery drivers prior to any and all deliveries throughout the California State prison system. Contact the individual California State prison for its driver clearance procedure, as these procedures may vary from facility to facility.