Fresh_Produce_(Addendum_#7_Revision).pdf

County of Orange, Sheriff-Coroner

Invitation for Bid for Fresh Produce IFB # 060-2995502-MB2

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/ocgov

COUNTY OF ORANGE

Sheriff-Coroner

PROCUREMENT SERVICES

320 N. Flower Street, Santa Ana, CA 92703

Santa Ana, CA

92703

Date: Thursday, February 19, 2026

INVITATION FOR BIDS

FOR: FRESH PRODUCE

BID MUST BE RECEIVED BEFORE:

April 3, 2026 / 4:00 pm

IFB # 060-2995502-MB2

Procurement Services Regular Office Hours:

8:00 AM to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

Table Of Contents

1. General Information

2. General Instructions

3. Protest Procedures

4. Scope of Work

5. OCLSB and DVBE Preference Policies Certification Requirements

6. Electronic Fund Transfer (EFT)

7. Pricing

8. Vendor Responses

Attachments:

A - Fresh Produce Model Contract - BID 060-2995502-MB2

County of Orange IFB

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SECTION 1. General Information

1.1 BACKGROUND

Contractor shall provide to County Fresh Produce (Fruits and Vegetables) for Penal Institutions to various County of Orange locations.

1.2 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Procurement Agent

(DPA), Mary Barreto, via the County’s online biding system.

1.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received within this solicitation's Question &

Answer section by Tuesday, March 31, 2026 before 4:00 pm.

1.4 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). All questions regarding this solicitation must be submitted via the Question &

Answer section of this solicitation within the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Mary Barreto, mbarreto@ocsheriff.gov, will provide all official communication concerning this IFB.

1.5 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

1.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

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Board of Supervisors

Janet Nguyen, First District Vicente Sarmiento, Second District

Donald P. Wagner, Chairman, Third District Doug Chaffee, Vice Chairman, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator Don Barnes, Sheriff-Coroner

Shari L. Freidenrich, Treasurer-Tax Collector Andrew Hamilton, Auditor-Controller

SECTION 2. General Instructions

2.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model

Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

2.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the Vendor Responses.

2.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the solicitation deadline. If you encounter any problems with your registration, system, bid submission, or other system issues, please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

2.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model

Contract, Article-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s

Legal Business Name(s). Out of State Vendors are required to submit a 587/590 Form.

mailto:procurement-support@opengov.com

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2.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of

Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

2.6 NO SUBSTITUTIONS

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

2.7 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid.

If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

2.8 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the

Contract.

2.9 ACCEPTANCE/REJECTION/AWARD

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

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B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of Orange terms and conditions.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

2.10 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Request a sample for determining equality with the specified brand.

B. Waive, at its discretion, any non-material defects, irregularity, or informality, which County deems correctable or otherwise not warranting rejection of the bid that do not result in any unfair competitive advantage.

C. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

D. Make multiple awards to Bidders for services requested in this solicitation, at its sole discretion, to serve the best interests of the County

E. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

F. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the County.

G. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

H. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the County may deem to be in its best interests; therefore, bids must be provided for

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County.

I. Defer award of this Contract for a period of 180 days after the Bid opening. During this period, Bidders shall guarantee the prices quoted in their Bids. County and the lowest responsive, responsible Bidder may mutually agree in writing to extend this deferral period.

2.11 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

2.12 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable County, State and Federal laws and regulations.

2.13 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

2.14 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

2.15 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

2.16 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your bid submission response.

SECTION 3. Protest Procedures

PROTEST PROCESS

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

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D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy Procurement

Agent (DPA), Mary Barreto at mbarreto@ocsheriff.gov, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

A. Protests related to the award of a contract must be submitted to the Deputy Procurement

Agent, Mary Barreto at mbarreto@ocsheriff.gov, no later than five (5) business days after the

Notice of Intent to Award is provided by the DPA.

B. Protests relating to a proposed contract award received after the five (5) business day deadline will not be considered by the County.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Procurement Agent’s decision, a written appeal to the Office of the County Procurement Officer.

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Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement

Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 4. Scope of Work

4.1 SCOPE OF WORK

Contractor shall provide to County Fresh Produce (Fruits and Vegetables) for OC Penal Institutions to various County of Orange locations.

4.2 REQUIREMENTS:

A. Contractors that do not comply with the following instructions will be considered non-responsive.

B. Unit Cost shall include all freight/shipping/handling/delivery charges. FOB Destination.

C. Contractor shall provide volume discounts when applicable. Notify the purchaser when any

“Opportunity Buys” or “Special Deal” pricing occurs at the time the order is placed.

D. Under no circumstances shall the Contractor request minimum order quantities and/or value limitations. The County of Orange does not intend to place multiple small orders, but small orders may occasionally be necessary.

E. Contractor or its employee upon exiting the cab of the truck after entering the County facility secured area for product delivery shall) lock and keep the cab of the truck securely locked at all times while on facility security area.

F. Contractor or its employees shall keep communication to inmates to a minimum. No personal conversations are to take place between contractor or its employees and inmates. Contractor’s driver shall be responsible for loading and unloading merchandise from/into the truck at the delivery/pick –up site.

G. Contractor shall have sufficient reliable dependable personal and delivery equipment to service and distribute goods to all the County of Orange facilities locations without delay and/or re-scheduling of deliveries. Delivery schedule delays and/or change are disruptive to the institution’s Food Service operation and very costly to the County and will not be tolerated.

mailto:CPOAppeals@ocgov.com

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H. Contractor shall establish such quality control measures as may be necessary to assure that products delivered will be in complete compliance with all applicable specifications, regulations and requirements as identified within.

a. Receiving facility shall review and examine each incoming delivery to esnure that temperatures, box makings, delivery dates and all other contractual or specification requirements are fully met.

b. Product acceptance or rejection shall be at the sole discretion of the County receiving facilities. Receiving facility may reject a portion or the whole shipment, if determined by County staff product is not to be in complete and full compliance.

c. Any necessary replacement will be made within 24-Hours at ultimate final destination

(using County Facility) at no additional cost to the County.

I. All deliveries shall be made in mechanically refrigerated trucks. Internal temperature shall not be lower than 40º fahrenheit or higher than 45 º fahrenheit .

J. Contractor making better buys by truckload will pass savings to the County users by reflecting the lower cost saving price opposed to the report base price on the applicable invoice(s).

K. Contractor will have current price available to users at ordering time, if orders are placed by phone, prices will be either the “Base Price from the Report or the Lower Quantity Price Break” for fruits and vegetables.

L. Contractor shall provide an order form to user at minimum one business day prior to the

“Ordering Day”. Order will include all pertinent information. (Form to be designed and approved prior to Contract award).

1. Order form must include the following:

I. Listing all facilities on top of order form to select from: Main Jail, Theo Lacy Facility, and James Musick

II. Date the order form/ price list is to be submitted

III. Delivery date

IV. Itemized list of each item, including the following: Vendor’s product code, unit of measure, space for facility to fill in the quantity ordered, name of the item, Unit of measure details, USDA Market

Report price, Vendor mark-up price, and County cost

M. Contractor will supply/provide a copy of the current applicable USDA Market Report with

“Order Form” to each and every using County Facility prior to their “Ordering Day”. Contractor shall have highlighted/circled/identified the applicable “Base Price” and “County Cost” which will be used by the Contractor on the invoice(s). Contractor will also include any vendor mark-up discounts on the invoice.

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N. Contractor’s invoices will reflect correct and exact data and information on each and every invoice(s) at all times. The County of Orange users will check and verify all invoices for accuracy.

Errors and discrepancies are costly to the County and will not be tolerated. Excessive discrepancies (more than two (2) items per delivery) will be considered excessive and reported to Sheriff Purchasing Services Bureau. Contractor will then be contacted for a remedy meeting followed by written notification and subsequently, invoice(s) will be adjusted/corrected by authorized representative of ordering unit, without prior notification to Contractor.

O. Contractor must communicate and notify user of any anticipated product substitution, quality, quantity and/or change in specifications from product ordered. Contractor must receive user’s concurrence on substitution prior to delivery of product.

P. Contractor shall provide a current copy of return policy and insure application of an existing return and/or exchange policy, consistent with conventional retail sales. Contractor shall accept returns of products in full cases with no re-stocking fees and/or penalty to County.

Q. Contractor shall bid items as per Manufacturer, style and/or stock specified or of equal or better specifications and quality. Contractor bidding on an equal products must specify manufacturer and item style/stock number.

R. Contractor shall insure adequate stock availability of contracted items. Contractor bidding on this requirement must either stock or have quick access to most items/products listed within, by having open credit established with the manufacturers and/or items/products providers.

S. Contractor shall notify County staff within one (1) working day of any stock deficiencies that would negate from offerings. Open cases will NOT be accepted. Contractor shall not deliver any partial orders unless prior approval is obtained from requesting department.

T. County must pre-approve any changes in orders placed to contractors (i.e. order quantities, packaging, etc.)

U. Contractor shall provide a packing list, bill of lading and/or invoicing which correctly identifies each product and quantities that are received. Invoice must be mailed within two (2) days of shipping merchandise or accompany the shipment.

V. Contractor will not be held liable for Manufacturer’s documented (in writing) delay communicated/imparted to the County’s users. However, Contractor will be held responsible and liable for unsubstantiated delays over/beyond quoted days. The County may then elect to cancel orders and seek equivalent product from other sources for which the Contractor shall be held liable for the price difference.

W. Contractor shall extend a seven (7) day grace period on billing for exchanges, correctons, and discrepancies concerning product and product quality/quantity.

X. Contractor shall have full and sole responsibility for damaged or missing items until the shipment is completed and reaches the County Facility Location. All related cost of damaged products, replacements and freight expenses will be the Contractor’s responsibility and will not be passed to the County.

Y. Contractor shall notify County, Sheriff Purchasing, immediately in writing of any changes in the

Contract products which may cause a safety/security risk within the County jails (i.e. changes in product design, packaging, etc.)

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Z. County shall forward a verbal or written advisement to Contractor specifying the orders to include the following:

• Specific Item ordered

• Quantities, sizes, and/or colors of designated product per the County Contract.

• Applicable special delivery instructions.

AA. If a freight company is used, Contractor shall set a delivery date when the order is placed or call the requesting department/facility receiving person to set up delivery. Delivery truck shall meet all Contract requirements.

BB. The awarded vendor shall be capable of providing deliveries to all County facilities no less than two (2) times per week. Based on operational and business needs, the County may require additional delivery days, up to three (3) deliveries per week for certain facilities.

CC. The vendor must have sufficient staffing, logistics, and capacity to accommodate these delivery requirements throughout the term of the contract. Failure to meet delivery frequency requirements may be considered a breach of contract.

4.3 SPECIAL REQUIREMENTS

1. Bidders may be required to present satisfactory evidence that they have been regularly engaged in the business of providing goods/services required by this solicitation or are reasonably familiar therewith and that they are fully prepared with the necessary capital, material, and machinery as may be required or specified in this solicitation to complete the work to be contracted to the satisfaction of County.

2. By submitting a bid, the bidder represents that it has thoroughly examined and become familiar with the goods/services required under this Invitation For Bid and that it is capable of providing the goods/services to achieve County’s objectives.

3. Bidders may be required to provide information regarding and/or proof of the number of years they have provided the goods/services requested in this solicitation.

4. Each bidder must submit its bid in strict accordance with all requirements of this Invitation

For Bid.

4.4 BID SPECIFICATIONS

A. PERMIT: Contractor shall provide a copy of their current Health Department Permit.

B. REPORT: A copy of the USDA Market Report published on five (5) days prior to bid closing date.

C. QUOTATION AND MARK-UP: Responsive bidder’s quotation for this Proposed Contract for

Fresh Fruits and Vegetables will be based on the Low Side Figure of the USDA Market Report published daily regardless of the product origin. Bidder’s quotation markup will be in dollars and cents above the

Low Side Figure of the current (not more than five (5) days old) report. Percentage (5) markups will not be accepted by the County of Orange.

D. RESPONSIVENESS: Responsive Contractor shall “HIGHLIGHT or CIRCLE” low side figure on the returned report, for all applicable items listed on Attachment B used as base for this quotation.

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E. QUOTATION AND LOW SIDE FIGURE: Quotation submitted must be for product of general good quality and conditions as published in the USDA Market Report. Base price will not be based on overripe, damage, distress, bruise or inferior quality product.

F. COMPENSATION MARKUP: Contractor’s quoted markup above the low side figure of the report will constitute full and complete compensation to the Contractor for products per specifications and requirements specified within and will be respected throughout the contract period.

G. MARKUP PER UNIT: Contractor’s markup will correspond with the unit in the “UNIT” column appropriately (i.e. per box, per case, per pound, per lug, etc.) Markup will be in actual dollars and cents;

not by percentage.

H. USDA MARKET REPORT: Contractors bidding on this solicitation must subscribe to the USDA

Market Report, be familiar with the report’s terminology and pricing methodology required by the County of Orange to be followed throughout this Contract.

I. PRODUCE GRADE: Grade for all Product Standards will be by United States Standards for Fruits

(Fresh, most recent update) and United States Standards for Vegetables (Fresh, most recent update). Standard Grade Numbers required are shown for most used items.

J. GRADE FOR GRAPEFRUIT AND ORANGES: Prior to an award of a Contract, prospective bidder will have to “certify” in writing that all Grapefruits and Oranges shipped to the County of Orange will be

US Grade Standard #1 and/or shopper’s 1st Choice.

K. QUALITY CONTROL: Contractor bidding on this requirement will have sufficient “In house quality control” to ensure that all products delivered to the County carry a full product guarantee of freshness and consumability and have been processed to meet the USDA Standard for Fresh Fruits and

Vegetables.

• All products shall be strictly fresh and free of from decay, contamination from hazardous spray residue, insects and/or foreign matters.

• All products shall be in its original container and be as uniform in size as possible within each container (i.e. box, sack, case, etc.), as well as throughout each shipment.

• Produce leafs shall have been trimmed and cleaned of excessive non-consumable outer leafs.

• All products packaging shall be clearly marked/identified with product name and size, point of origin, packaging weight and other applicable information.

• All products will be packaged, stored and kept in compliance with the Orange County Health

Department, Food Sanitation and Consumer Protection Division.

L. PRICING: Price of fresh Fruits and Vegetables for the County of Orange shall be the “Low Side

Figure” on the USDA Market Report regardless of the product origin plus “Markup” as quoted.

Vendor’s invoice “Markup” will be reflected in dollars and cents above the “Low Side Figures” of the current (not more than five (5) days old) USDA Market Report published daily.

M. MISCELLANEOUS: All miscellaneous type products not listed on the USDA Market Report on the day of order, will be priced and invoiced by the Contractor at market value for the season.

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• In addition, miscellaneous items/products prices shall be based on the Manufacturer’s current published catalog and/or price lists less the bid discount to the County.

• The County may request and require the Contractor to provide proof of the based prices on miscellaneous items, through copy of the current catalog or published price list or photocopy of the applicable price source.

• All prices shall include freight, delivery, shipping and handling.

N. MISCELLANEOUS EXCEPTION: In the event that a “Seasonal Product” is needed and ordered by a County facility and the “Low Side Pricing Figure and Market Condition” does not allow for a quality product acceptable to the County, then Contractor shall be permitted to invoice the County at Contractor’s cost plus Contract markup with the following conditions:

• Contractor must have advised County staff/user and have their understanding and approval in writing prior to product delivery.

• Contractor shall then enclose/attach County’s authorization with proof of Contractor’s cost to corresponding invoice.

O. QUANTITY PRICE BREAK: Contractor making better buys by truckload will pass savings to the

County users by reflecting the lower cost saving price opposed to the report base price on the applicable invoice(s).

P. PRICE AVAILABILITY: Contractor will have current price available to users at ordering time, if orders are placed by phone, prices will be either the “Base Price from the Report or the Lower Quantity

Price Break” for fruits and vegetables.

Q. ORDERING FORM: Contractor shall provide an order form to user on their “Ordering Day”. Order will include all pertinent information. (Form to be designed and approved prior to Contract award).

R. COPY OF MARKET REPORT: Contractor will supply/provide a copy of the current applicable market report with “Order Form” to each and every using County Facility on their “Ordering

Day”. Contractor shall have highlighted/circled/identified the applicable “Base Price” which will be used by the Contractor on the invoice(s).

S. SUBSTITUTION/DISCREPANCY: Contractor must communicate and notify user of any anticipated product substitution, quality, quantity and/or change in specifications from product ordered. Contractor must receive user’s concurrence on substitution prior to delivery of product.

T. CONTRACTOR PERSONNEL: Contractor shall have sufficient reliable dependable personal and delivery equipment to service and distribute goods to all the County of Orange facilities locations without delay and/or re-scheduling of deliveries. Delivery schedule delays and/or change are disruptive to the institution’s Food Service operation and very costly to the County and will not be tolerated.

U. MINIMUM ORDER: Contractor request for minimum amount and/or quantity order is not acceptable to the County. Minimal or small orders might occasionally be placed and urgently needed by a County

Facility and must be honored by Contractor.

V. USAGE: There is no guarantee of usage by the County of Orange. Increase and/or decrease in usage may occur due to the following possible reason:

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• Accessibility of government surplus.

• Availability of fresh produce from the farm jail.

• County Kitchen Menu changes

• Change in County Inmate Population

• Opportunity Purchase of canned goods which are products offered to the County at a greatly reduced cost for quick sale.

Contractor bidding on this requirement must clearly identify restriction of any kind by their producer and/or supplier and specify bidder’s condition and/or reservation.

4.5 EXCEPTIONS

Any exceptions to County‘s terms and conditions must be clearly stated in responses to this solicitation under a separate section entitled “Exceptions.” Any exception must include the details of the exception and the reasons for it. County reserves the right to disqualify vendors taking exception to its terms and conditions. Vendors taking exception after notice of award will be disqualified from award of contract.

4.6 AWARD

Final award determination will be based primarily on the overall lowest responsive, responsible bid, but is contingent upon Sheriff-Coroner Department/Purchasing Services Bureau approval, which will include a review of bidders’ qualifications and references.

4.7 PRICING

1. All pricing shall include all freight/shipping/handling/delivery charges. FOB Destination.

2. Vendor’s pricing on order form and invoice shall reflect the USDA Market Report Price (not more than five (5) days old), Vendor’s mark-up price, and County price in dollars and cents.

3. Miscellaneous Clause: Miscellaneous type product not listed on the Report on the date of order will be priced and invoice by the Contractor at maket value for the season.

4. In addition, miscellaneous items/products prices shall be based on the manufacturer’s current publsihed catalog and/or price lists less the bid discount to the County.

5. The County may request and require the Contractor to provide proof of the base prices on miscellaneous items, through copy of the current catalog or published price list or photocopy of the applicable price source.

6. Contractor shall provide a 30-day written notice on Contractor’s letterhead, along written notice from the Manufacturer, for price increases, item size changes and case size re-configurations;

otherwise the invoice will be paid per the current contracted price.

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4.8 DELIVERY INTRUCTIONS AND LOCATION:

A. The awarded vendor shall be capable of providing deliveries to all County facilities no less than two (2) times per week. Based on operational and business needs, the County may require additional delivery days, up to three (3) deliveries per week for certain facilities.

B. The vendor must have sufficient staffing, logistics, and capacity to accommodate these delivery requirements throughout the term of the contract. Failure to meet delivery frequency requirements may be considered a breach of contract.

C. Contractor shall deliver Monday through Friday between the hours specified for each location. No County Holidays or weekend deliveries will be accepted.

County holidays are as follows:

New Year’s Day Martin Luther King, Jr. Day Lincoln’s Birthday

President’s Day Memorial Day Independence Day

Labor Day Native American Day Veterans’ Day

Thanksgiving Day Friday after Thanksgiving Christmas Day

Contractor shall make delivery to the following locations at the specified hours:

County of Orange

Sheriff-Coroner Department

Central Men’s Jail/Food Services

550 N. Flower St.

Santa Ana, CA 92703

Ph: (714) 647-4548

HOURS:

7:30 am - 3:30 pm

County of Orange

Sheriff-Coroner Department

Theo Lacy Facility/Food Services

501 City Drive South

Orange, CA 92668

Ph: (714) 935-676

County of Orange

Sheriff-Coroner Department

James A. Musick Facility/ Food Services

13420 Alton Pkwy

Irvine, CA. 92618

Ph: (949) 249-5017

County of Orange

Sheriff-Coroner Department

Inmate Services Warehouse

1530 S. State College Blvd.

Anaheim, CA 92806

Ph: (714) 939-4850

*alternate delivery location

SECTION 5. OCLSB and DVBE Preference Policies Certification Requirements

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County of Orange Local Small Business (OCLSB) Preference and Disabled Veteran Business

Enterprise (DVBE) Preference Policies Certification Requirements

5.1 OCLSB:

Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and (2) below:

A. Local Business Requirements:

1. Maintains their principal center of operations (i.e. headquarters) within Orange County, and:

2. Has:

a. A business address located in the County of Orange that is not a post office box, or

b. A valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

B. Small Business Requirements:

1. Must be certified as a Small Business by the State of California Department of General

Services (DGS): and, C. Above requirements must be valid at the time of bid/proposal submittal.

5.2 DVBE:

Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy.

The DVBE Preference policy supports local business opportunity, economy and the development of

County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our

Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet

(A) and (B) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, B. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in COUNTY OF

ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS in the VENDOR RESPONSES.

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

5.3 OCLSB/DVBE CERTIFICATION REQUIREMENTS:

County Of Orange Local Small Business (OCLSB) Preference And Disabled Veteran Business

Enterprise (DVBE) Certification Requirements

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A. To participate as an OCLSB and/or DVBE the following requirements must be met:

1. Must be certified with State of California the Department of General Services (DGS) as a

Small Business. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

2. Must be certified with DGS as a DVBE. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

3. Maintains their principal center of operations (i.e. headquarters) within Orange County.

4. Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

5. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certification are required and must be returned with the solicitation response.

B. OCLSB or DVBE Preference provides for the following:

1. Invitation for Bid – IFB

A five percent (5%) deduction in the original bid price shall be applied to all confirmed

OCLSB or DVBE bidders for evaluation purposes. If the lowest bidder is a certified OCLSB or DVBE bidder, the contract will be awarded at the certified OCLSB or DVBE’s original bid price. The maximum allowable preference deduction is $100,000.

2. Request for Proposal - RFP

An additional five percent (5%) shall be applied to the tallied cost score of each certified

OCLSB or DVBE to obtain their final score. If the final score of any OCLSB or DVBE matches the final score of a non-OCLSB or non-DVBE, preference shall be given to the certified OCLSB. If two or more OCLSB or DVBEs have the same final score, the County shall determine the contract award based on the County’s best interest.

C. Dual OCLSB and DVBE Preference provides for the following:

1. Business Certified as OCLSB and DVBE

If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%.

D. Subcontractors

If bidder is submitting subcontractors to qualify for the OCLSB or DVBE preference, bidder must demonstrate through the Staffing Plan that 20% of the total bid amount is allocated to the OCLSB and/or DVBE subcontractor(s).

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

SECTION 6. Electronic Fund Transfer (EFT)

If awarded, the County offers Bidder the option of receiving payment directly to its bank account via an

Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT shall also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address shall need https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Sheriff-Coroner - Fresh Produce, 060-2995502-MB2 Page 19 of 30 to be provided to County via an EFT Authorization Form. A copy of the EFT form is attached as an Exhibit to this solicitation.

SECTION 7. Pricing

VEGETABLES

Line Item Description U/M Details Unit of

Measure Mark-up

Cost Unit Cost No Bid

1 Broccoli 24 lbs/Case Case

2 Cabbage, Green, US

#1, Medium (Range 1

½ to 3 lbs each)

Heads/Crate Crate

3 Carrots, Loose, US #1

Medium (7” to 8”

Long)

25 lbs/Sack Sack

4 Carrots, Baby (4 oz

Package)

Packages/Case Case

5 Cauliflower, US #1 (4” or more diameter leaves trimmed)

9-15 heads per

Crate Crate

6 Celery, US #1 (12” to

14” Length)

Count/Crate or 48 lbs/Crate

Crate

7 Cilantro, Bunch 12 count/box Single/Bunch

8 Cucumber, Medium, US #1

Counts/Lug or

28 lbs per Lug

Lug

9 Lettuce, Iceberg, Trimmed, US #1

Counts/Crate or 42-50 lbs/Crate

Crate

10 Lettuce, Romaine, US

#1, Trimmed

Count/Crate Crate

11 Onion, Dry, Yellow

Type, U.S. #1 Med 50 lbs/Sack Sack

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Line Item Description U/M Details Unit of

Measure Mark-up

Cost Unit Cost No Bid

12 Onion, Green U.S. #1 Tie 6-9 per

Bunch pack, Bunches/Box

Box

13 Onion, Red U.S. #1 25 lbs/Sack Sack

14 Pepper, Green Bell, Irregular (U.S. #2) 75-80/Case Case

15 Potatoes, Russet, Baking, U.S. #2 (10 oz

Minimum)

50 lbs Sack Sack

16 Squash, Banana U.S.

#1 Lb

17 Squash, Yellow U.S.

#1 24 lbs/Lug Lug

18 Zucchini, U.S. #1 25-30 lbs/Lug Lug

19 Chili Jalapeno Lb

FRUITS

Line Item Description U/M Details Unit of

Measure Mark-up

Cost Unit Cost No Bid

20 Apples, Eating, U.S.

Fancy

Count/Box or

40 lbs/Box

Box

21 Oranges, U.S. #1 138

Count/Carton Carton

22 Miscellaneous Like

Items (i.e. Chinese

Cabbese, Mint, Jicama, etc. may be purchased against this Contract at the base price of the

Market Report at the following MARK-UP:)

Product by

Case, Crate, Lug/Or Lbs

Crate/Case/Lug/ lbs

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SECTION 8. Vendor Responses

8.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after the solicitation closing date.

☐ Please confirm

*Response required

8.2 CONTRACTOR INFORMATION

8.2.1 Name of Bidder*

Please state the Name of Bidder here.

If Bidder is a corporation, the legal name of the corporation shall be set forth in this section as the Name of Bidder and the name, title, and person authorized to sign contracts on behalf of the corporation shall be stated as well.

If Bidder is a partnership or joint venture, the true name of the firm shall be set forth as the Name of

Bidder and the name of the partner authorized to sign contracts on behalf of the partnership or joint venture shall be stated as well.

If submittal of this bid or signature of any document submitted with this bid is by an agent other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with County prior to Bid opening, or must be submitted with the Bid; otherwise, the Bid may be rejected as non-responsive. You may upload this power of attorney under Additional Information later in this bid response.

*Response required

8.3 COMPANY PROFILE & REFERENCES

8.3.1 Company Legal Name*

*Response required

8.3.2 Company Legal Status*

Please state the status here (Corporation, Partnership, Sole Proprietor, etc.)

*Response required

8.3.3 Active Licenses*

Please state all active licenses issued by the California State Contractor's License Board to the company whose legal name is above.

*Response required

8.3.4 Corporate Office Address*

What is the address of the company's corporate office? Please provide the full street/mailing address.

*Response required

8.3.5 Local Business Address(es)*

Please provide the local business address for the company named above. If there are multiple local addresses then please provide all.

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• Full address:

• Telephone Number:

• E-mail Address:

*Response required

8.3.6 Length of Time Firm Has Been In Business*

Please clearly state, in months and years, how long your firm has been in business.

*Response required

8.3.7 Length of Time At Current Location*

Please clearly state, in months and years, how long your firm has been in business at its current location.

*Response required

8.3.8 Regular Business Hours*

*Response required

8.3.9 Regular Holidays and Hours When Business Is Closed*

*Response required

8.3.10 Federal Taxpayer ID Number*

*Response required

8.3.11 DUNS Number*

Please provide your D-U-N-S Number

*Response required

8.3.12 Unique Entity Identifier Number (UEI)*

The County requires a valid UEI number with active registration status. Your company may obtain one at no cost at https://sam.gov/entity-registration.

*Response required

8.3.13 Are you registered, active, and in good standing with the California Secretary of

State?*

☐ Yes

☐ No

*Response required

8.3.14 Corporation?*

Is your firm incorporated?

☐ Yes

☐ No

*Response required

When equals "Yes" https://sam.gov/entity-registration

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8.3.15 State of Incorporation?*

You have indicated that your firm is incorporated. Please provide the name of the State of

Incorporation.

*Response required

When equals "Yes"

8.3.16 Contract Signature Authority - Executive Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Executive Signer Authority comes from the President, Vice-President, or

Chairperson of the Board.

• Contact Full Name:

• Contact Number:

• E-mail Address:

*Response required

When equals "Yes"

8.3.17 Contract Signature Authority - Financial Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Financial Signer Authority comes from the Secretary, Assistant

Secretary, Chief Financial Officer, or Treasurer.

• Contact Full Name:

• Contact Number:

• E-mail Address:

*Response required

When equals "No"

8.3.18 Contract Signature Authority*

If not incorporated, please provide the name, contact number, and email of the person who has the binding and signature authority of this contract.

• Contact Full Name:

• Contact Title:

• Contact Number:

• E-mail Address:

*Response required

8.3.19 Sole Proprietor Under Different Name?*

Is your firm a sole proprietor doing business under a different name?

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☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.20 Sole Proprietor's…