GRO38 Request for Response Main (RFR) ReOpen FinalA~1.docx

REQUEST FOR RESPONSE

Prime Grocers RFR #GRO38 / COMMBUYS New Bid# BD-19-1080-OSD01-SRC01-35096

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Prime Grocer

Agency Document Number: GRO38

New COMMBUYS Bid#: BD-19-1080-OSD03-SRC01-35096 Original COMMBUYS Bid#: BD-19-1080-OSD01-OSD10-31803

February 6, 2019 Reopening

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@mass.gov or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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Contents

A. Introduction and Bid Overview The Commonwealth of Massachusetts and the Food Strategic Sourcing Services Team (SSST) is seeking bidders for the acquisition of groceries/food products that will include and not be limited to: canned goods, cereals, meats, frozen foods, pasta, specialty foods, etc. or any other product categories identified in the provided market basket for use by all Commonwealth Executive Agencies and all identified eligible entities. This contract also is intended to promote the Massachusetts laws and directives aimed at the purchasing of locally grown product, as well as more nutritional, pesticide free produce wherever possible.

The bid is being reopened to obtain additional vendors and to add a new Opportunity Buy category to the GRO38 Prime Grocers bid/statewide contract, please reference original COMMBUYS bid number BD-19-1000-OSD01-OSD10-31803.

1. Description or Purpose of Procurement The Commonwealth of Massachusetts and the Food Strategic Sourcing Services Team (SSST) are soliciting bidders for the acquisition of grocery products. The bidder will serve the function of purchasing products from manufacturers/dealers, warehousing, data collecting and reporting, supply and distribution of staple goods, food and related products to all eligible entities identified within the Request for Response (RFR). The resulting contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

2. Estimated Procurement Calendar

Training for Online Submission – How to Locate and Respond to Bids in COMMBUYS Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

GRO38: How to Locate and Respond to Bids in COMMBUYS If you have any questions regarding training please contact: OSDTraining@mass.gov

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

3. Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Services Team (SSST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SSST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SSST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bidders and awarded Contractors are required to view the COMMBUYS requirements associated with this bid are responsible for compliance with those requirements.

4. Locating Bid Q&A Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

5. Bid Amendment Deadline The SSST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SSST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

6. Late Bids will not be considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

7. Debriefing The SSST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of the date of the email notification of unsuccessful bid. The SSST will provide debriefing guidelines in advance of each debriefing.

8. Applicable Procurement Law:

9. Acquisition Method:

The acquisition method(s) to acquire goods and/or services from this Bid are identified below.

10. Anticipated Contract Awards:

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is three (3); the SSST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded contractors for the duration of the agreement.

b. Adding Contractors after initial Contract Award If, over the life of the contract, the SSST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

The SSST also reserves the right to suspend the review of additional submissions for specific regions or close the Bid for new Quotes entirely if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, subsequent to such a decision, the SSST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

11. Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

12. Anticipated Contract Duration:

Initial Duration

Total Maximum Contract Duration

13. Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is amount $99 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

The “Estimated Value (US $99 million)” was derived by reviewing Contractors sales reports and spends activity by Commonwealth Executive Departments in the Commonwealth’s accounting system throughout the life of the current GRO30 Prime Grocers statewide contract.

B. Procurement Scope and Description The Commonwealth of Massachusetts and the Prime Grocers Strategic Sourcing Services Team (SSST) are soliciting Bidders for the acquisition of canned goods, cereals, meats, frozen foods, pasta, specialty foods, etc. or any other identified product categories identified in the provided market basket for use by all Commonwealth Executive Agencies and all identified eligible entities. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed above. Each Commonwealth Agency and eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

C. Bidder Qualifications Bidders must submit a Statement of Qualification, which indicates at least five (5) years of relevant experience (prior to the release of the RFR). The Statement of Qualification must include evidence that the bidder currently has the ability to perform the type, magnitude, and quality of work within the scope of the RFR. As well, the Statement of Qualification must include a detailed description of information regarding any company bankruptcy proceedings and/or name changes within the last five-(5) years. The Commonwealth reserves the right to confirm the bidder’s Statement of Qualification and ability and responsibility to perform the services defined in the RFR.

A vendor who has been in business less than five years may request that the SSST waive the five years in business requirement, but the SSST has no obligation to grant such a request. This is to allow for the addition of a new business whose personnel have excellent qualifications and experience in providing the services proposed.

The SSST is seeking to contract with companies that are equipped to meet the following requirements for the statewide contract.

Each bid response submission will be evaluated by the SSST with consideration given to each of the following:

· Qualifications: The SSST will consider and score a number of factors based on: Pricing, Market basket and percent mark-up.

· Service: Delivery, Billing, Reporting and access to information

· Warehousing and infrastructure: Picking system, just in time capabilities, capacity, par-stock percentages, hours of operation, staffing flow chart (analysis), flow chart of warehousing product process, refrigeration capacity, dry capacity, distribution plan, volume, evaluate the fleet, staffing including drivers, alternative fueled, waste reduction and recycling fill rate, ordering system and set up for the Commonwealth.

· Commitment to on-time delivery - as stated with this RFR see Delivery Section -Page 18 of document.

· Certified Organic/Sustainably Grown Product: For the items indicated in the Produce Tab of the Market Basket, Bidders are required to provide a competitively priced certified organic fruit or vegetable (as defined by the USDA Department of Agriculture) along with their traditional item. The items targeted for organic represent those fruits and vegetables that retain the greatest level of pesticides during the growing process according to studies done by the Environmental Working Group. Details of these items can be seen at http://www.ewg.org/foodnews/list/ which can make these products less healthy. In addition, Bidders are asked to identify food items that are not certified organic, but may document sustainably grown practices (e.g., using Integrated Pest Management practices or pesticide free).

· Local Sources: Partnering with local or regional farms.

· Business Requirements & Business Plan: Emergency plans, transition staffing, references and financial report system.

· Added Value: Training plans, the communication and implementation of manufacturer’s special available rebate offers, cost analysis, alternative fuel fleet.

· References: Past performance, if applicable, must have been in the institutional food distribution business for a minimum of 5 years.

· Staffing Patterns: Contract manager may request from the account manager, a quarterly meeting with executives where part of the meeting will focus on the evaluation of the organization chart.

· Customer Service Representatives: A contract manager must be assigned specifically for the Department of Correction and all other eligible entities that will deal with the day to day ordering, delivery and all other issues that may arise in dealing with the statewide contract.

Each bidder submitting a response to this RFR, must be able to demonstrate that they can meet the needs of the Commonwealth as a whole by submitting their business plan outlining (with all contractual relationships defined and documented) milestone and timelines.

1. Company experience

a. Business background - bidders must have at a minimum 5 years’ experience in institutional food distribution. Detail business background information must be submitted with bid response.

b. Organizational chart – must be submitted with bid response identifying all key customer service representatives that will responsible and the account manager for the Commonwealth’s statewide contract.

2. Financial stability including DUNS report, bankruptcy, litigation and contract defaults Financial information must be provided with bid response as it relates to the requested information below:

a. Gross annual revenue for most recently completed fiscal year

b. Last bankruptcy and current/pending litigation, detail description of information regarding company bankruptcy proceeding and/or name changes and/or pending litigation that have occurred within the last five (5) years.

c. Defaults on contracts must be identified if applicable

3. References and reference information and/or requirements Bidders MUST submit contact information for three (3) references on the Business Reference Form located in the “Required Forms” attachment on COMMBUYS. The SSST will make a reasonable effort to contact the references given, but if the SSST is unable to obtain a reference, the bidder’s score will be negatively impacted. The SSST reserves the right to utilize information gathered from references, historical information or other sources when scoring responses. A past history of poor performance may negatively impact a bidder’s score.

Bidders are also required to provide at a minimum three (3) letters of reference from an institutional account, or from the largest customers in MA if available.

4. Emergency Response Capabilities In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response should include the following:

a. Indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency.

b. A list of emergency contact information including name, position/title, phone, email and cell phone.

c. A list of the Bidder’s building location (s) that would be available to serve the Commonwealth during an emergency.

d. A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., Entire State, Specific City or Region).

This information will not be considered in the evaluation of the Response.

D. Product and Performance Specifications

1. Commodity Specifications All items provided under any contract resulting from this RFR must meet or exceed all government regulations for food and have a freshness parameter so there is sufficient time from the date of delivery to consume these products before deterioration. The Commonwealth will not be held liable in the event of product failure. The Commonwealth reserves the right to require an official USDA inspection should a contract user question the grade or weight of any grocery provided under this contract. If the product inspection shows that the product does not meet the specification, all costs of the inspection will be paid by the contractor(s). The contractor(s) will replace the product at no additional cost to the Commonwealth. If the product inspection shows that the product meets the specification, the requesting contract user will pay all costs of the inspection. All groceries must be date coded in an easy to read format. The contractor(s) must provide clear instruction on reading date-coded information. The SSST has the right to test any item offered under this contract to determine that the item is acceptable and meets the specifications and grades listed in this contract. Contract users have the right to request verification that the specifications and grades for the items ordered are being provided by the contractor(s). If a contract user complains that an item is not acceptable due to poor quality, taste, color, etc. the contractor(s) will offer a substitute item at the same or lower price. If the problem cannot be resolved, both parties may appeal to the SSST whose decision will be final.

a. Eligible commodities Market Basket Items - Must meet all item specifications, brands and pack size requirements as listed, comparable alternatives may be considered. The SSST reserves the right to request bidder(s) to submit product specification sheets for items listed on the market basket bid. Each product specification sheet must be numbered; corresponding to the item number on the market basket form, the sheets are to include all information on product ingredients and nutritional analysis.

Bidders’ market basket prices and specified brand and manufacturers for the Food Category will be firm six (6) months at a time and bidders’ market basket prices for the Produce Category will be firm for the three (3) months at a time. The SSST reserves the right to negotiate after these initial fixed periods pricing for the Food and Produce categories.

The contractor will provide, on a monthly basis, electronic contract user customized food order guide and issued to each contract user and all members of the SSST, a minimum of 5 days prior to the 1st day of each month. Bidder must submit initial food order guide by the beginning of the transition period.

Contractor must submit a monthly price change summary sheet, highlighting changes to product pricing for all items on the customized order guide. Any food price increase over 3.5% must receive prior approval of the SSST. Price change requests that exceed 3.5% must be complete and received by the SSST, 10 business days prior to the first day of the month that the price change may take effect. Evidence of justification must be sent to SSST leader, for review and approval. The SSST has the right to request supporting evidence of any price change for any item supplied on contract. This information must be sent electronically, in a format to be agreed upon. Requests that do not meet these criteria will not be considered, except if the price change provides a better value for the Commonwealth.

All items listed on Market Baskets Bidders Response Form – located as an attachment in COMMBUYS must be priced. Attachment entitled “Market Basket Bid Response Sheet” located in COMMBUYS.

The bidder proposed prices must be based upon the brand manufacturer’s cost plus the proposed % mark-up. The manufacturer’s price must be the most advantageous price to the Commonwealth of Massachusetts, referring to pricing a product at net pricing to reflect any and all discounts, allowances, deviated prices, rebates and/or bill backs negotiated by the company on the Commonwealths behalf or by others with prior approval of the SSST, inclusive of all FOB charges. No additional delivery charges will be allowed except as referenced in other sections of this contract.

Off-loading merchandise upon arrival at the contractor’s warehouse shall be the responsibility of the contractor who will have sole financial responsibility for this operation.

The bidder must provide a percent (%) mark-up, which will be used to determine pricing during the term of the initial contract, as described above. This figure must be included in Market Basket. This mark-up % will not change during the life of the contract, unless renegotiated. % Mark up for all items in the food category must be the same. Additionally, % Mark up for all items in the non-food category must be the same.

Quality Assurance: The contractor(s) must monitor on a continuous basis, the quality of the products offered under this contract. The Contractor(s) must have a self-inspection system that monitors identifies and corrects any deficiencies that may occur in the quality of the products furnished to the Commonwealth.

Nutritional Standards –- Executive Order (EO) 509 is a directive signed by the Governor that requires state agencies that provide a package of services, which include foods beverages, to clients who are dependent on the state to follow specific nutrition standards when contracting for the purchase of foods and beverages. To ensure compliance please refer to the Executive Order 509 for detailed information Bidders MUST respond to the Nutritional Standard Executive Order 509 Environmental and Health Specifications: Executive Order 515, establishing an Environmental Purchasing Policy, is a directive signed by the Governor that requires state agencies to purchase environmentally preferable products (EPPs) “…whenever such products and services are readily available, perform to satisfactory standards, and represent best value.” The EPPs most relevant to this RFR include the following desirable specifications:

· Certified Organic fruits and vegetables or those that are documented sustainably grown (e.g. using Integrated Pest Management Practices or grown without pesticides

· Locally Sourced meaning that it is produced by a privately or cooperatively owned enterprise;

· For produce: it is produced and processed at a facility located within a 250-mile radius of the city/county; and/or procured from a farm that grosses $5 million/year or less;

· For meat or poultry: produced and processed at a facility located within a 500 mile radius of the city; procured from a farm or a company that grosses $50 million/year or less. (definition from the Real Food Challenge Standards)

· Fair Trade Certified Products that certifies all products were made according to rigorous social, environmental, and economic standards.

· EO 509 and EO 515 complement each other (and are not mutually exclusive), since it is the Commonwealth’s goal to procure a wide variety of fruits and vegetables that includes organic items where available, particularly from local growers, and products. In addition, Bidders are required to complete the Current Environmental Practices form found in the bidder response form.

Agricultural Products Preference Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aqua-cultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, rising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Label Specifications: Any product delivered under this contract must meet FDA label guidelines unless otherwise specified by the ordering facility. The contractor must supply ingredient list and nutritional analysis by providing a website link or by providing a nutritional analysis upon request of contract users. Due to the increased incidence of food allergies, contractors may be asked to participate in developing a notification of ingredient changes program during the life of the contract.

Opportunity Buys Bidders:

As an added category Bidders may bid Opportunity Buys alone, these items or commodities will be referred to as opportunity purchases that manufacturers may offer as an over run, (i.e. canned goods, cereals, meats, frozen foods, pasta, specialty foods, etc.) volume discounts or any other circumstances. If bidding on the category Opportunity Buys bidder MUST provide with their bid response a list of available items with pricing information for reference and review by the Strategic Sourcing Services Team (SSST).

Opportunity Buys Contractors:

Any bidder(s) awarded a contract as a result of this RFR and bids this section and offers to work with a subcontractor to assist in providing Opportunity Buys will be responsible to expeditiously facilitate the purchase of any manufacturer’s food products commodity (i.e. canned goods, cereals, meats, frozen foods, pasta, specialty foods, etc.) that will be financially beneficial to the Commonwealth. These items or commodities will be referred to as opportunity purchases that manufacturers may offer as an over run, volume discounts or any other circumstances. The contractor will agree to charge the Commonwealth no more than 1.5 % mark-up to make opportunity purchases.

Other Discounts: Contractors must pass along any additional discounts available/rebates they receive under this statewide contract.

Inventory: Within the first thirty days prior to start of contract, the contractor(s) will determine the usage requirements of contract users and will stock an adequate inventory to meet the potential needs of the usage requirements.

Recalls: The contractor(s) will provide timely (24 hours) notification to all contract users that have ordered and have received a product that has been recalled. The contractor(s) will issue a credit to the user’s account for all recalled products. The contractor will be responsible for picking up, replacing product and appropriately disposing of all recalled items at no additional cost to the Commonwealth.

Inspection: The contractor(s) must not permit any part of the services called for by this contract to be performed under working conditions that are unsafe or unsanitary. All products furnished under this contract must conform to all local, state and federal sanitation codes. The bidder must submit, with their response, copies of their current license and permits, issued by the Department of Public Health, and local Board of Health, to store and sell grocery products in Massachusetts. See Bidder Response Form #2. If awarded a contract, the contractor(s) must maintain all required licenses, permits and certifications throughout the life of the Statewide Contract. The SSST and its agents reserves the right to inspect contractors’, fleet, distribution centers, or any other aspect of bidders’ food service operation, with 24 hours’ notice to the contractor. Copies of all site inspections by permitting, certifying or licensing divisions of any governmental entity or trade or professional organization, must be forwarded to the SSST, and must include plans of correction addressing deficiencies identified. This requirement is in effect for each contractor in the bidders’ supply chain.

Ordering: There will be no minimum order requirements allowed under this contract for Executive Branch Departments.: (1) e-Procurement System compliant electronic catalog ordering, (2) electronic ordering, (3) phone ordering, (4) fax ordering. The contractor(s) will prepare, supply and keep current order guide catalog, which includes product specifications and prices. The contractor(s) will update and distribute this order guide to contract users at least 10 days prior to the effective date of any changes. The contractor(s) will provide customer service assistance by providing a toll free telephone number available during normal business hours. At the time the order is placed, the contractor(s) must notify the contract user of any unavailable product on the order and a substitute product will be made available. The substitute product will be of equal or better quality, in the same pack size, and offered at an equal or lower price than that of the unavailable item. The contract user has the option of rejecting substitutes. Phone orders must be confirmed by the contractor(s) within 24 hours via fax. A 24-hour, 7-day a week toll free ordering phone number must be available for emergency orders. Emergency orders must be available immediately for pick up or delivery, at customer request.

Invoices: Invoices will be submitted to and paid by the ordering facility. All invoices must include: contractor name and address; invoice date; delivery date; contract number (GRO30); state purchase order number; item number and product description; quantity; unit of measure; price; and name and address of the ordering location. Contractor(s) will apply lump payments to the appropriate invoices. Payments must be matched to the appropriate payments. Payments will not be randomly applied against the oldest invoice. If the contractor(s) use a financial institution to handle accounts payable and accounts receivable, the account manager will resolve any problems or discrepancies. Commonwealth accounts will not be automatically put on a delinquent status and denied purchasing ability due to the financial institution‘s errors.

Delivery: Delivery must be made at no extra cost to the Commonwealth with all deliveries being FOB destination. All orders will be processed, confirmed and delivered based on established delivery schedules. The ordering Department will establish a mutually agreed upon delivery schedule with the Contractor(s). All orders must be delivered within 3 business days of receipt of a purchase order number (PO#), unless the ordering Department agrees otherwise or a special order is involved. If an item is out of stock, the Contractor must make every effort to supply the ordered item within the original delivery timeframe. If such arrangements cannot be made, the Contractor must make every effort to have the item delivered as soon as possible. Contractors may be penalized in the performance measures for each time a stocked item is not delivered within the required deadlines unless an acceptable alternative is provided and mutually agreed upon by the contract user and the Contractor. In this event, the alternate delivery time should be documented by the Contractor in writing and submitted as part of the quarterly report. Contractors must coordinate delivery time with the contract user, if requested. If the Contractor uses an independent company to satisfy delivery requests, the Contractor is responsible for ensuring that the delivery company coordinates with the contract user. Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Commonwealth.

Delivery Requirements for the Department of Correction – The Contractor(s) must meet all Department of Correction security requirements applicable to each facility. Requirements may include, but are not limited to: inspection and search of all delivery vehicles including driver; cab and all contents thereof; locking gas or fuel caps, all drivers must pass a CORI background check no split load deliveries where required; strict delivery time requirements and any other security requirements as deemed necessary by the Department or institution. Contractors may be asked to deliver products outside the established delivery schedule to respond to emergency situation.

Department of Correction Rules and Regulations: It must be fully understood by the Bidders/Contractors that the Department of Correction (DOC) and each facility have security rules and regulations that must be strictly adhered to at all times. Included in these regulations are required security clearances. It should be understood that every driver, technician or any other Contractor employee who will present themselves at a correctional facility or on the property must have pre-approved clearance from that facility. Background checks will be completed for individuals performing any work under this contract that requires their entrance into DOC facilities and at any time during the duration of this contract. Upon request by the DOC, the Contractor will provide the Department of Correction with specific information to be used to complete background checks. Contractors’ equipment, tools and vehicles may be checked, searched and approved prior to entering, prior to leaving, and at any time while in the facility or on facility grounds.

Service Schedules (Dates and Times): All visits to facilities must be scheduled. Contractors will work with each of their contracted facilities in order to negotiate a schedule for both dates and times for service. Contractors must ensure that individuals scheduled to enter the facility have already been pre-approved and cleared. Contractors must be fully aware of the approved date and time schedules and must adhere to them to avoid a prolonged waiting time. Any expense or fee resulting from prolonged waiting times will not be charged to the Department of Correction. The DOC will not process nor is responsible for any such expenses. In addition, there may be times when a Contractor (at no fault of theirs) will not be let into the facility possible due to security issues. When this occurs, the Contractor may have to wait or may have to re-schedule the service. The contactor shall make every attempt to re-schedule within the same day but only as accepted by the facility. In said case the DOC will not be responsible for processing any payment for any expense incurred by the Contractor. Any change of schedule must be pre-approved, in writing, by the representing fiscal department of said facility.

Contractor Tools and Equipment: Any and all tools and equipment brought into the facility shall require prior approval. All tools and equipment will be inventoried upon entrance and exiting of the facility by the front entrance office. Only those tools and equipment necessary shall be allowed inside the institution.

Deliveries: Each facility has procedures to minimize or eliminate when possible the instances of split loads entering the institution. The Contractor shall adhere to the institutional procedures.

Applicable Policies: The Department of Correction policies are routinely reviewed and are subject to change. It is the Contractor’s responsibility to monitor the policies. The policies can be accessed on the Commonwealth of Massachusetts Website: www.mass.gov (select find a State Agency choose the Department of Correction, reference the section Research and Statistics and select DOC Policies.

· Visiting Policy CMR 483

· Professional Boundaries Policy DOC 225

“Will call” - orders are orders that are to be picked up by the contract user within 24 hours of request and the Contractor(s) will provide for “will call” orders if immediate delivery is necessary and the contract user is willing to pick up the order. The Contractor(s) may be asked to provide emergency delivery at no cost to the Commonwealth.

Order Fill Rates: The contractor must provide each contract user with a minimum 99% fill rate per month. The fill rates for Food and Nonfood items will be calculated separately. The fill rate for Food items will be calculated for each contract user by dividing the number of line items delivered on time by the number of line items scheduled for delivery during that month and multiplying the results by 100. Item substitutions that are accepted by the contract user will contribute towards a higher fill rate but item substitutions that are not accepted by the contract user will reduce the fill rate. If this rate is less than 99%, the contract user will notify the contractor within 15 days after the first day of the following month, that they are invoking the “fill rate credit”. The fill rate for Nonfood items will be calculated for each contract user by dividing the number of line items delivered on time by the number of line items scheduled for delivery during that month and multiplying the results by 100. Back orders will be used in the above calculations if a delivery date was established. If back orders are delivered on time they will contribute towards a higher fill rate but if back orders are late they will reduce the fill rate. If a delivery date is not given for a back order it will be counted against the fill rate. If this rate is less than 99%, the contract user will notify the contractor within 15 days after the first day of the following month, that they are invoking the “fill rate credit”. Failure to meet the stated fill rate will result in a 1% credit on the total volume of orders placed in the applicable month by the contract user that is invoking the “fill rate credit”. The contractor will issue that contract user a credit on an invoice for the following month in the amount of the imposed fee. The contractor may appeal to the contract user with documentation showing a justifiable reason for the lower percent that month. The contract user may make an adjustment to the number of line items ordered and recalculate the percent fill rate in the following situations: 1) contractor is unable to obtain the items from its supplier; 2) multiple orders of the same line item in a three day period for that contract user; or 3) The contract user may appeal the contract user decision to the SSST, whose decision will be final.

Returns: Contract users may not accept the delivery of any product that is expired or visibly damaged. Product will be inspected within 7 days of receipt of delivery. If a product fails inspection by the receiving facility, the product will be rejected and the contractor(s) must replace it immediately at no additional expense to the facility. Contractor(s) will give a full credit and pick up items incorrectly ordered or delivered within three days of the contract user request. Contract users will notify the contractor(s) within seven (7) days of delivery Contractor(s) will allow for the return of items in unopened, unmarked original packaging.

Audit Requirement: Any contract as a result of this RFR may be subject to an independent audit requirement on a quarterly basis. The contractor(s) may be required and must work with the SSST and the audit consultant that will be conducting the quarterly audit. The contractor(s) must pass on all cost savings including rebates applied proportionately to contract users. The SSST and the Audit consultant on behalf of the SSST may request any information regarding items under the contract for the purposes of auditing and the requested information will be required to be provided within 14 days of the request.

Transition Plan: Bidder(s) must document the transition plan they will implement to assure that the transition into doing business with new customers (including accepting orders and making deliveries) will adequately assure uninterrupted service. This written plan must detail how this transition will be planned, tested and implemented prior to the first date of ordering by users of this contract, for deliveries.

Liability Insurance: Bidder(s) must provide a statement of liability coverage (and Workman’s Compensation, where applicable) with their response. The vendor must have sufficient coverage for itself, employees and agents. This same level of coverage, if not more, must be maintained throughout the life of the contract. Vendors who do not have sufficient insurance coverage may not be awarded a contract until their level of insurance has been increased.

Fuel surcharge provisions - Any bidder(s) awarded a contract as a result of this RFR will not charge any additional fuel surcharges on any order received from Departments. Departments will NOT be required to pay any additional fuel surcharges upon receipt of Contractor invoicing.

Shipping FOB Destination - Delivery must be made at no extra cost to the Commonwealth with all deliveries being FOB destination. All orders will be processed, confirmed and delivered based on established delivery schedules.

b. Eligible brands and models Unless otherwise specified in this Solicitation, any reference to a particular trademark, trade name, patent, design, type, specification, producer or supplier is not intended to restrict this Solicitation to any manufacturer or proprietor or to constitute an endorsement of any commodity or service, and the department may consider clearly identified offers of substantially equivalent commodities and services submitted in response to such reference.

c. Sample Products for Evaluation Sample products for evaluation purposes only, may be requested by the SSST or Eligible Entities using the statewide contract. Samples MUST be provided to requesting departments or the SSST at no additional cost to the Commonwealth.

E. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

1. Mandatory Requirements Mandatory Specifications must be met in order for a Quote to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SSST. The SSST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

2. Alternatives Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantially equivalent or better performance to that of the Bid specifications.

The SSST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance.

3. Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Quote:

4. Price Please note that price…