GRO41 RFR 01032023.pdf

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Dairy Products and Baked Goods

Agency Document Number: GRO41

COMMBUYS Bid#: BD-23-1080-OSD03-SRC3-80114

12/16/2022

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. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE GRO41 Dairy Products and Baked Goods

Revision History

Version Number

Date Author Brief Description

1.0 12/16/2022 Michael Goldberg

Initial release

1.1 12/21/2022 Michael Goldberg

Changed Attachment 1 naming from Bidder response form. Minor wording amendments.

1.2 1/3/2023 Michael Goldberg

Changed geographic coverage requirements Section 3.2. Added delivery minimum requirement Section 3.1.7

Table of Contents Page 1 Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION:

1.3.2 ESTIMATED VALUE OF THE CONTRACT

1.3.3 ESTIMATED NUMBER OF AWARDS

1.3.4 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.5 ACQUISITION METHOD(S):

1.3.6 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 BIDDER QUALIFICATIONS

2.1 COMPANY EXPERIENCE

2.1.1 BUSINESS BACKGROUND

2.1.2 YEARS IN THE INDUSTRY OF THE BID

2.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES 5

2.3 CONTINUITY OF OPERATIONS PLAN (COOP)

2.4 EMERGENCY RESPONSE CAPABILITIES

2.5 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS

2.6 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

2.7 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

3 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

3.1 COMMODITY SPECIFICATIONS

3.1.1 CATEGORY 1- DAIRY PRODUCTS

3.1.2 CATEGORY 2- BAKED GOODS

3.1.3 AGRICULTURAL PRODUCTS PREFERENCE

3.1.4 ELIGIBLE COMMODITIES

3.1.5 INSPECTION

3.1.6 EQUIPMENT

3.1.7 ORDERING AND DELIVERY TERMS

3.1.8 WILL CALL ORDERS

3.1.9 DELIVERY REQUIREMENTS FOR THE DEPARTMENT OF CORRECTION

3.1.10 FUEL SURCHARGE PROVISIONS

3.1.11 SAMPLES FOR EVALUATION

3.1.12 QUALITY ASSURANCE

3.1.13 CUSTOMER SERVICE

3.1.14 TRAINING

3.1.15 RECALL

3.1.16 LABEL SPECIFICATIONS

Table of Contents Page 2

3.1.17 RETURNS/DISPOSAL

3.2 GEOGRAPHIC COVERAGE

3.3 ORDERING AND QUOTES

3.4 ENVIRONMENTAL SPECIFICATIONS

3.4.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

3.4.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

3.4.3 DESIRABLE ENVIRONMENTAL SPECIFICATIONS

3.4.4 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

3.4.5 ENVIRONMENTAL PLAN

3.5 COMPENSATION STRUCTURE/PRICING

3.5.2 PROMPT PAY DISCOUNT

3.5.3 AUTHORIZED PRICE CHANGES

3.5.4 TIME LIMITED SPECIALS

4 SUPPLIER DIVERSITY PLAN (SDP)

5 EVALUATION CRITERIA

5.1 MANDATORY REQUIREMENTS

5.2 ALTERNATIVES

5.3 EVALUATION COMPONENTS

5.3.1 SUPPLIER DIVERSITY PLAN

5.4 BEST VALUE SELECTION AND NEGOTIATION

6 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

6.1 ELECTRONIC SIGNATURES

6.2 ACCEPTABLE FORMS OF SIGNATURE

6.3 LIMITS AND RESTRICTIONS

6.3.1 FILE FORMAT RESTRICTIONS

6.3.2 FILE NAMING CONVENTIONS

6.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

6.4.1 QUOTE CONTENT

6.4.2 NON-COLLUSION

6.4.3 MULTIPLE QUOTES

6.4.4 MINIMUM QUOTE DURATION

6.4.5 BIDDER’S CONTACT INFORMATION

6.4.6 OWNERSHIP OF SUBMITTED QUOTES

6.4.7 PROHIBITIONS

6.4.8 PUBLIC RECORDS LAW

6.4.9 REASONABLE ACCOMMODATION

7 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

7.1 REQUIRED FORMS

7.2 USE OF COMMBUYS

7.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

7.3.1 CHANGES TO CONTRACTOR’S INFORMATION

7.3.2 SINGLE POINT OF CONTACT

Table of Contents Page 3

7.3.3 REPLACEMENT OF CONTRACTOR STAFF

7.3.4 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE

CONTRACT

7.3.5 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

7.3.6 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

7.4 REPORTING REQUIREMENTS AND DUE DATES

7.4.1 REPORTING AND PAYMENT DUE DATES

7.4.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

7.4.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

7.4.4 AUDIT

7.4.5 OTHER TERMS

7.4.6 AD HOC REPORTS

7.5 PAYMENT RELATED TERMS

7.5.1 BILL PAYMENT

7.5.2 LATE PAYMENT FEES

7.5.3 ELECTRONIC FUNDS TRANSFER (EFT)

7.5.4 CREDITWORTHINESS

7.5.5 TAX EXEMPTION

8 RFR APPENDICES

8.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

8.1.1 APPLICABLE PROCUREMENT LAW

8.1.2 GENERAL PROCUREMENT INFORMATION

8.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

8.2 APPENDIX 2 INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

9 GLOSSARY

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the Dairy Products and Baked Goods Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Dairy Products and Baked Good products. It is desirable for bidders to offer organic, locally sourced, and healthy choice options in their offering.

GRO41 will merge and replace GRO36 Dairy Products and GRO37 Baked Goods. The SST made the executive decision to merge these two contracts into one to enhance the purchasing experience for contract buyers.

As a result of this merger, GRO41 will have two categories:

Category 1 – Dairy Products include, but are not limited to, products in various size cartons, containers, bottles, etc. and various flavors: milk, juices, yogurts, cream cheese and ice cream. .

Category 2 - Baked Goods include, but are not limited to, hamburger rolls, hot dog rolls, dinner rolls, sub rolls, whole wheat bread, sliced breads, English muffins, donuts.

Distributors and aggregators that are able to satisfy the requirements of the bid are encouraged to response to GRO41.

The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Contract will also be available for use by other Eligible Entities.

1.2 Estimated Procurement Calendar

Action Date Announcement of Intent to Procure 9/30/2022

Bid Release Date 12/16/2022 Bidders Conference (if applicable) 1/5/2023 10:00am-11:00am EST

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

1/6/2023 4:00 PM EST

Official answers for Bid Q&A published (Estimated)

1/10/2023 2:00 PM EST

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Vendor Training Dates and Times are Posted here.

https://www.mass.gov/doc/vendor-training-schedule/download

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 2

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature;

Creating a quote response;

Revising a Quote response.

Access the webcast here.

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.

1/10/2023 2:00 PM EST

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

2/8/2022 2:00 PM EST

Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

3/10/2022

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

4/1/2023

*See Appendix 3 "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit training for vendors located here for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) 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 SST 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, https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/doc/vendor-training-schedule/download

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 3 inflammatory, incorrect, or collusory. The SST 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.

1.2.2 Bid Amendment Deadline

The SST 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 SST 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Bidders Conference

1/5/2023 10:00AM-11:00AM EST

The Bidders Conference will be a web conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q and A module in COMMBUYS.

Attendance is optional. Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

1.2.4 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.5 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration:

The term of this Contract is (5) Five Years with no renewal options.

1.3.2 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $8.4M. 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 consists of $6.2M in Dairy Spend and $2.2M in Baked Goods.

This estimated value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY19, FY20, FY21 and FY22.

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 4

1.3.3 Estimated Number of Awards

There is no target maximum number of Contractors for this procurement. Bidders will be selected for award once the established evaluation criteria are met.

1.3.4 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

1.3.5 Acquisition Method(s):

Check All

Applicable (“X”):

Category

Fee-For-Service x Outright Purchase Rental (not to exceed 6 months) Term Lease License Other: [specify other, e.g., Tax Exempt Lease-Purchase (TELP)]

1.3.6 Entities Eligible to Use the Resulting Contract

Any Contract(s) resulting from this Bid will be open for use by the following entities:

• Cities, towns, districts, counties, and other political subdivisions

• Executive, Legislative and Judicial Branches, including all Departments and elected offices therein

• Independent public authorities, commissions, and quasi-public agencies

• Local public libraries, public school districts and charter schools

• Public hospitals owned by the Commonwealth

• Public institutions of higher education

• Public purchasing cooperatives

• Non-profit organizations that are doing business with the Commonwealth;

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

• 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.

2 BIDDER QUALIFICATIONS

2.1 Company experience

2.1.1 Business background

Bidders must provide a detailed company profile, company background information, experience, and qualifications with a copy of the company organization chart.

2.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing Dairy/Baked Goods for at least the last Five (5) most recent consecutive years (2018-2022) prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 5

In the case of companies formed fewer than Five (5) years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

2.2 Employee and/or business technical/business experience, certifications, licenses Bidders must provide a list of relevant certifications, licenses, affiliations, and memberships on the Bidder Response Form and submit electronic copies of certifications and licenses. Certification, Licenses, Affiliations, and Memberships relevant in this industry should be included in this Bid. These are to include, but not be limited to the following:

• Milk dealer’s license (if bidding on category 1 – Dairy Products)

The Massachusetts General Laws, chapter 94A section 5 requires all milk dealers, as defined in section 1 of the same chapter, to be licensed. For more information please click here.

2.3 Continuity of Operations Plan (COOP)

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.

2.4 Emergency Response Capabilities

Contractors may be called upon during a declared state of emergency to supply and/or deliver to the Commonwealth on a priority basis commodities and/or services which are currently under Statewide Contract.

2.5 Financial stability including bankruptcy, litigation and contract defaults Bidders must identify their financial business model that will be able to support and fund their daily business under any contract awarded from this RFR. Bidders may be disqualified if any financial constraint or litigation poses an adverse effect on their ability to provide services under this contract. No contracts will be awarded without the following required Financial Information.

• Document of tax compliance (Certificate of Good Standing from the Department of Revenue) or if unable to submit a Certificate of Good Standing, bidder must provide an explanation. Additional documentation may be requested on a case-by-case basis.

• Gross Annual Revenue for the Bidder’s most recently completed three (3) fiscal years (FY 2019, 2020

& 2021)

2.6 Bankruptcy, litigation, and contract defaults

Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges, against the Bidder related to performance of the services sought under this RFR.

2.7 References and reference information and/or requirements

It is desirable that Bidders have successfully held contracts of a similar type and magnitude and have a history of good performance. A minimum of three (3) letters of reference MUST be submitted with bid response from institutional accounts, or from the three largest customers in Massachusetts if available. It is important that a valid email address be provided for each business reference.

https://www.mass.gov/service-details/milk-dealer-licensing#:%7E:text=The%20Massachusetts%20General%20Laws%2C%20chapter,have%20a%20milk%20plant%20permit.

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 6

3 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST

SPECIFICATIONS

3.1 Commodity Specifications

All Goods bought under any contract resulting from this RFR must meet or exceed all government regulations for food. If the product inspection shows that the product does not meet the specification, all costs of the inspection will be paid by the contractor. The contractor will replace the product at no additional cost to the Commonwealth. If the product inspection shows that the products meet the specification, all costs of the inspection will be paid by the contractor.

3.1.1 Category 1- Dairy Products

Dairy Products- Any milk product, even though it is still within code, appears and/or taste spoiled/sour and cannot be served by any user department it will be the responsibility of the vendor to replace and/or credit spoiled product immediately at no additional cost to the user department.

All dairy products must be date coded in an easy-to-read format. The contractor must provide clear instruction on reading date-coded information.

3.1.2 Category 2- Baked Goods

Baked Goods- Products provided under this contract must not contain poppy seeds, sesame seeds or lard unless expressly requested by the ordering facility. Grain/bread products provided under the contract must be made from enriched whole-grain meal or flour unless expressly requested by the ordering facility.

All baked goods must be date coded in an easy-to-read format.

3.1.3 Agricultural Products Preference

Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference (See RFR 3.4.3) 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, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

3.1.4 Eligible Commodities

In addition to the regular Market Basket list of Baked Goods and Dairy Products the SST is requesting, as a desirable, a list of Alternative Healthy Choices and Organic Dairy Products that bidders can provide and make available as an option for user departments. Please provide the available list of Alternative Healthy Choices, Organic Dairy Products and Baked Goods, if available, in the pricing tab of GRO41 Bidder Response Form.

3.1.5 Inspection

The awarded contractor(s) must not permit any part of the dairy services called for by this contract to be performed under working conditions that are unsanitary. The contractor(s) will have a Food Product Safety Program in place at each facility that will service this Statewide Contract. The safety program must conform to all relevant USDA regulations and statutes. The contractor’s dairy facility must meet all the USDA standards for producing Grade A milk. The bidder must submit, with their response, copies of their milk dealer’s license. If awarded a contract, the contractor(s) must maintain and submit to the Strategic Sourcing Manager (SSM) upon request all required licenses and certifications throughout the life of the Statewide Contract.

The Commonwealth reserves the right to require an official USDA inspection should the Commonwealth question the grade or weight of any baked goods or dairy products provided under the 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 https://malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter123

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 7 cost to the Commonwealth. If the product inspection shows that the product meets the specification, all costs of the inspection will be paid by the requesting contract user. Items must be date coded in an easy-to-read format.

A copy of the company Food Product Safety Program must be submitted with the bid response.

3.1.6 Equipment

The awarded contractor(s) must make cooler and freezer equipment available to contract users.

Payment and terms will be negotiated between the contractor(s) and contract users on a site-by-site basis, and will include, but is not limited to, free equipment usage, rental, lease and/or lease purchase options. It is desirable that bidders offer equipment usage at no charge to eligible entities. To receive evaluation points for these desirables, bidders must submit a list of equipment and a statement that this equipment will be provided at no charge to eligible contract users. It is desirable that all cooler and freezer equipment offered is Energy Star rated.

3.1.7 Ordering and Delivery Terms

There is a $25 order minimum per delivery. All deliveries will be FOB destination. All orders will be processed, confirmed, and delivered based on established delivery schedules. The ordering location will define delivery requirements and will establish a mutually agreed upon delivery schedule with the contractor(s). The contractor(s) must make delivery of items as requested by the ordering facility. The contractor(s) must call the facilities to schedule delivery. Any change in the specified delivery schedule is subject to approval by the ordering facility. The contractor(s) may not attempt to make deliveries to any facility on official state holidays, unless requested to do so by the ordering facility. The ordering location will determine delivery time and date. Delivery schedules will conform to location requirements.

Locations will have the option of establishing weekly, semi-weekly, or daily scheduled deliveries.

Locations also have the option to schedule individual deliveries when placing the order. Any item not delivered during an established delivery period may be canceled at no cost to the Commonwealth. The Commonwealth reserves the right to purchase such items elsewhere if deemed necessary. Any additional costs incurred by the Commonwealth as a result of the contractor’s failure to deliver will be the responsibility of the contractor(s).

3.1.7.1 Category 1- Dairy Products

For Dairy Products, the contractor(s) must place dairy products in the delivery location coolers immediately upon delivery. Any spoilage due to non-compliance with this requirement will be returned at the contractor’s expense. All dairy products must be delivered in refrigerated trucks only. Delivery staff must rotate products in the delivery location’s refrigerator and or freezer upon making a new delivery. The temperature of the dairy products upon delivery must not be warmer than 41 degrees Fahrenheit. Any dairy product delivered that does not conform to this requirement will be returned at the contractor’s expense. No minimum orders will be allowed for Dairy Products, and it is desirable that no minimum order be required for Ice Cream Products.

3.1.7.2 Category 2- Baked Goods

For Baked Goods, all products must be delivered within 48 hours of baking with an additional 96 hours of documented shelf life upon receipt of delivery. Ordering and delivery information must be made available to contract users upon request. Contract users must be notified of any incorrect or short orders, prior to delivery. Incorrect or short orders must be corrected to the contract user’s satisfaction within 24 hours.

3.1.8 Will Call Orders

Will Call 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.

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 8

3.1.9 Delivery Requirements for the Department of Correction

The contractor(s) must meet all Department of Correction security requirements applicable to each facility. All drivers must pass a CORI background check. 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, 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.

3.1.10 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.

3.1.11 Samples for evaluation

Sample products for evaluation purposes only may be requested by eligible entities using the statewide contract. Sample MUST be provided to requesting departments at no additional cost to the Commonwealth.

3.1.12 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. The OSD Contract Manager must be notified of any corrective actions as they are taken.

3.1.13 Customer Service

Contractor(s) will provide customer service to all users of the contract. That service must include the following components: All contractor personnel answering the customer service line must be well versed on all requirements of the Statewide Contract and must be able to easily answer user’s questions about pricing, product and service. If a contractor receives a complaint about quality, a sample of the item must be collected immediately, inspected and analyzed for quality within a reasonable time, at no additional cost to the Commonwealth. The OSD Contract Manager must be contacted immediately by the Account Manager and informed of the status of the complaint, if the complaint is not resolved to the user’s full satisfaction within agreed upon time period.

3.1.14 Training

Bidder will be required to describe their training or educational programs. It is desired that the Bidder establishes comprehensive continuing education programs in conjunction with the SST for eligible users of this contract, which includes upgrading of knowledge and skills for food service personnel. Food Service related education should include foodservice staff, and/or other designated facility staff who deal with the handling, preparation and serving of Dairy products and Baked Goods. Training may be obtained from professional associations, technical associations, local, state or college programs, or the contractor’s in house staff. Areas of training will include a general contract orientation, nutritional information, receiving guidelines, storage guideline, inventory control, preparation and other related areas such as, food safely, preventing food borne illnesses, and proper sanitation procedures. This information may be completed on the “Bidder’s Response Form” available as an attachment on COMMBUYS.

3.1.15 Recall

The contractor(s) will provide timely notification to all contract users that have ordered a product that has been recalled. The contractor(s) will issue a credit to the user’s account for all recalled products.

3.1.16 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 upon request by contract users. Due to the increased incidence of food allergies, contractors may be asked to participate

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 9 in developing a notification of ingredient changes program during the life of the contract. It is also required, over the contract period, for vendors to be able to identify organic, locally sourced, or healthy choice options in their catalogs. It is also desirable for vendors to identify other third-party certifications related to dairy and bakery items. This includes, but is not limited to third party certifications and standards such as Certified Humane Raised and Handled, Certified Grassfed, and the Rainforest Alliance. Brand Name or Equal.

Unless otherwise specified in the 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.

3.1.17 Returns/Disposal

Product will be inspected upon receipt of delivery. Contract users may not accept the delivery of any product that is expired or visibly damaged. 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.

3.2 Geographic coverage

It is desirable that vendors of GRO41 provide service to cover the entire State of Massachusetts as detailed in the below County Map. Please click on the following link to see a list of cities and towns in each county: https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Counties

• Berkshire

• Hampshire

• Franklin

• Worcester

• Hampden

• Middlesex

• Essex

• Suffolk

• Norfolk

• Plymouth

• Bristol

• Barnstable

• Dukes

• Nantucket https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 10

3.3 Ordering and Quotes

Responding to Buyer’s quote requests is a requirement of this contract. Contractors choosing not to bid must respond to COMMBUYS quote requests with a “no bid” by selecting the “Is No Bid” checkbox on the General tab of the quote. Similarly, Contractors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Contractors must provide a quote that clearly identifies all commodities, materials, services and/or requirements which may incur costs for the Eligible Entity. All quotes must be for only products and/or services that Contractor is awarded to sell under this Statewide Contract. Furthermore, Contractors may not bill Eligible Entities for costs not identified in the quote, accepted by the SST, and agreed to by the Eligible Entity unless otherwise specified.

3.4 Environmental Specifications

In 2009, Executive Order 515, establishing an Environmental Purchasing Policy for Executive Departments, was signed. View the Environmentally Preferable Products (EPPs) Procurement Program General Information, Requirements and Guidance for detailed information about the program at https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download.

Bidders should also be aware that in 2021, Senate Bill 9 - An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy was signed to achieve Net Zero emissions in 2050 and furthers the Commonwealth’s efforts to combat climate change and protect vulnerable communities. The full Act may be viewed at https://malegislature.gov/Bills/192/S9. In 2021, Executive Order 594, Leading By Example:

Decarbonizing and Minimizing Environmental Impacts of State Government, was signed. EO594 requires all eligible state agencies to assess and implement strategies to mitigate greenhouse gas emissions and other environmental impacts when planning for and executing projects related to the design, construction, operations, and maintenance of state facilities, and the procurement of goods and services, including https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy https://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 11 vehicles. View EO594: Leading By Example requirements at https://www.mass.gov/executive-orders/no- 594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

3.4.1 Environmental Benefit Claims/Labeling

Environmental benefit claims concerning products or services must be consistent with the Federal Trade Commissions’ Guides for the Use of Environmental Marketing Terms. Product environmental claims are to include the industry standard the product meets and certifier. Vendors must agree to offer and clearly label products with sustainability certifications and attributes, when available, within specific product categories. Documentation of the certification claimed by the vendor must be supplied upon request if it is not publicly available for verification (on either the vendor’s or certifier’s website).

Vendors claiming environmental benefits of their products shall list the appropriate benefits or industry standard it meets in the quarterly sales reports, if applicable, or on separate annual reports.

3.4.2 Required Environmental Specifications

A number of environmental product or service specifications have been designated as either mandatory or desirable for the Product/Service category by the EPP Program through EO 515 and can be viewed in the Minimum Environmentally Preferable Products and Services Specifications Guide at https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the

RFR.

3.4.3 Desirable Environmental Specifications

It is highly desirable that bidders provide:

• USDA Certified Organic Products ( https://www.usda.gov/topics/organic)

• Bakery Healthy Choice Options (All bread products flour must be whole grain (WG), Trans fat free (TFF), sodium reduced (LS) (215 mg sodium/slice or serving) and meet the added sugar (< 35% sugar) guidelines in the MA Nutrition Standards)

• Locally Sourced Products: Preference will be given to bidders that provide products sourced from within 60 miles of the MA border, and then products within the NE states. The Commonwealth of Massachusetts General Laws allows OSD to provide preference for locally sourced products and a 10% variance on price. Reference Chapter 123 of the Acts of 2006

It is desirable for bidders to have policies and programs in place to reduce the environmental impact of packaging. This includes using reusable or recycled content packaging, right-sizing packaging, or using minimal or no Styrofoam.

3.4.4 Bidder Current Environmental Practices Form

Bidders must complete GRO 41 Bidder Response Form Env Products Practices Form Tab to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce environment or public health impacts. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify, however, bidders must substantiate all answers to receive additional points.

3.4.5 Environmental plan

Awarded Bidders must agree to work with OSD and the SST to examine the feasibility of implementing an environmental plan throughout the life of the contract. Such a plan may include, but not be limited to, implementing energy initiatives, adopting, and implementing sustainability policies or third-party standards and/or certifications, or publicizing their environmental initiatives. The objective of this https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides https://www.mass.gov/files/documents/2016/09/wf/epp-specifications_0.xlsx https://www.usda.gov/topics/organic https://malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter123

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 12 requirement is to actively encourage suppliers to incorporate sustainable practices throughout their business operations and further market such practices to Contract users.

3.5 Compensation Structure/Pricing

Pricing will be firm for all commodities and services for the first year of GRO41. Details in 3.5.3

Market Basket: The Statewide Contract resulting from this RFR will use a “Market Basket” structure.

Bidders are required to provide pricing for any or all the items listed on the market basket list for Dairy Products and Baked Goods (See GRO41 Bidder Response Form Category 1 Dairy Products Pricing tab and Category 2 Baked Goods Pricing tab.) A bidder’s additional catalog items may be submitted with the bid response. At its discretion, the SST may add and remove products from the market basket lists at any time during the life of the contract.

Prices: Bidders must submit pricing for any or all market basket items identified for Dairy Products and Baked Good. Bidders will submit a percent off discount on all other products offered in their catalog. Final prices will be firm for the first year of the contract.

Bidders must submit pricing for any or all market basket items identified. Bidders will submit a percent off discount on all other products offered in their catalog.

Compensation will be based solely on the pricing submitted the Bidder and accepted by the SST. Pricing must be submitted for all goods and services to be provided on this Statewide Contract. Pricing will be published on COMMBUYS.

3.5.1.1 Volume purchase discounts (VPD)

A bidder may receive additional evaluation points if the bidder offers a volume purchase discount percentage (%) based upon the total dollar size or a total quantity size for an order with one delivery location.

3.5.1.2 Dock Delivery Discounts (DDD)

Dock Delivery shall mean delivery to the door or loading platform of the Eligible Entity’s place of business with no additional services provided by the vendor. Liability for product delivery will remain with the contractor until properly accepted and signed for by the Eligible Entity.

A bidder may receive additional evaluation points if the bidder offers a dock delivery discount equal to or greater than 2%. If dock delivery is exercised by the eligible entity then the discount must be reflected on the invoice.

3.5.2 Prompt Pay Discount

All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms on the Prompt Payment Discount Form, included on the Bid, unless otherwise specified by the SST. The SST will review, negotiate, or reject the offering as deemed in the best interest of the Commonwealth.

The requirement to offer a PPD may be waived by the SST on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Bidder’s Quote.

3.5.3 Authorized Price Changes

Bidders must submit pricing for any or all market basket items identified for Dairy Products and Baked Goods. Bidders will submit a percent off discount on all other products offered in their catalog. Final prices will be firm for the first year of the contract.

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 13

Awarded vendors will be allowed to update their prices once per year on the anniversary of the contract start date. Request to change price must be submitted at least 3 months prior to the anniversary date.

Any such requests must be accompanied by documentation supporting the reasons for the requested change. The request, written on the Contractor’s letterhead must include identified price increases and their source and copies of old and new price lists, if applicable, reflecting price changes.

The SST reserves the right to consider price increase requests in emergency situations. The SST decision on whether a specific situation is an emergency is final.

3.5.4 Time limited specials

Statewide Contractors may be asked to offer (and are encouraged to make available) special discounted pricing opportunities to Eligible Entities within the terms of their Statewide Contract. Such price discounts may come in the form of periodic aggregate purchases by Eligible Entities, whereby such entities will request further discounted prices from the Contractor(s) for guaranteed quantities to be purchased. The Statewide Contractor must report to the Strategic Sourcing Manager (SSM) prior to any such price reductions or discounts, or other more favorable terms, being offered to any Eligible Entity beyond those in their Statewide Contract. The SST reserves the right to approve all price adjustments.

4 SUPPLIER DIVERSITY PLAN (SDP)

Program Background

Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO).

Financial Commitment Requirements

All Bidders responding to this solicitation are required to make a meaningful financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise or non-profit organization. This SDP Commitment must be expressed as a percentage of any contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract.

The minimum total SDP Commitment acceptable in responses to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories

SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE) https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp https://www.mass.gov/supplier-diversity-office

RFR GRO41 COMMBUYS BID NUMBER BD-23-1080-OSD03-SRC3-80114 Page 14

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Eligible Types of Business-to-Business Relationships

Bidders and Contractors may engage SDP Partners in the following two ways:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility

The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract if the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements

All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response.

In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

• Already certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, then the Contractor must find alternative SDP Partners to meet their SDP Commitment.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/…