GRO42 Contract User Guide 02142025.docx

GRO42: K-12 School Nutrition Products UPDATED: February 14, 2025

Notes:

Updates: Vendor list *The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

Table of Contents:

Contract User Guide for GRO42

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click) NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: February 14, 2025 Template version: 8.2 Page 1 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: February 14, 2025 Template version: 8.2 Page 4 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Contract Categories

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Environmentally Preferable Products

· Contract Exclusions and Related Statewide Contracts

· Emergency Services

· Shipping/Delivery/Returns

· Additional Information/FAQ's

· Performance and Payment Time Frames Which Exceed Contract Duration

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

· Appendix A: Cities and Towns Map

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Contract Summary This is a Statewide Contract for K-12 School Nutrition Products. This contract is for the acquisition of organic and non-organic produce, groceries, meat, seafood and locally sourced foods. This contract that can assist K-12 schools and other eligible entities in the Commonwealth to comply with federal and state procurement regulations, including, but not limited to, the USDA "Buy American" provision. Food products under this contract will include, but are not limited to: fresh fruits, vegetables, herbs, canned goods, cereals, meats, seafood, frozen foods, pasta, specialty foods, or any other food product categories identified in the provided Vendor Order Guide/ Vendor Market Basket Price File.

This contract does not replace GRO38 Prime Grocers, GRO39 Drinking Water, and GRO41 Dairy Products and Baked Goods (or their successor contracts) but some overlap is expected.

Contract Categories This contract includes 3 categories of products as listed below.

products, preferably providing locally sourced and organic products. Expected start date Summer 2025.

Category 3: Locally Sourced Foods: Food hubs, local food processors, local farmers, fisheries, meat processors that focus on locally sourced and organic products. Expected start date Winter 2025.

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

Gain greater efficiencies in School Nutrition Programs, Competitive Pricing, Prompt Payment Discounts-PPD, ability to negotiate deeper discounts, as applicable.

Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for GRO42 to find related Master Blanket Purchase Order (MBPO) information.

· To link directly to the MBPO for GRO42 visit Master Blanket Purchase Order PO-25-1080-OSD03-OSD03-35272

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, and other attachments, visit COMMBUYS.com and search for GRO42 to find related Master Blanket Purchase Order (MBPO’s) information. All common contract documents are located in the “Master Contract Record” Master Blanket Purchase Order (MBPO) for GRO42 and can be accessed directly by visiting visit Master Blanket Purchase Order PO-25-1080-OSD03-OSD03-935272

· To find vendor-specific documents, including price sheets, see links to individual vendor MBPOs on the Vendor Information page.

Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00;

Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

Subcontractors The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract. Prior approval of the department is required for any subcontracting service of the Contract. Vendors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

Supplier Diversity Requirements

When selecting vendor(s) without soliciting quotes or a statement of work, Executive Departments should follow below guidance:

When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

When selecting vendor(s) from multiple quotes and statement of work, Executive Departments should follow below guidance:

Requirements of the Small Business Purchasing Program for Small Procurements (expected annual value of $250,000 or less) or the Supplier Diversity Program for Large Procurements (expected annual value exceeding $250,000) apply to Executive Departments soliciting quotes or issuing statements of work.

Small Business Award Preference: In accordance with the Supplier Diversity Office’s SBPP Policy, Departments must award contracts for Small Procurements to SBPP-participating small business bidders if both of the following conditions are met:

· The response is received from an eligible small business; AND

· The response meets the Department’s best value criteria as defined in the RFR or RFQ.

SDP Commitment: Businesses awarded large Commonwealth contracts for goods and services (also called prime contractors or prime vendors) are required to make measurable financial commitments to do business with one or more diverse businesses (often called SDP Partners). This business-to-business relationship requirement applies to all Large Procurements for goods and services, which were historically defined as those expected to exceed $150,000 in total spending. Effective July 1, 2021, Large Procurements will be defined as those expected to exceed $250,000 in annual spending.

Executive departments should take into consideration contracted vendors SDP commitments when evaluating responses. Specifically, the following fields of the new SDP Plan Form correspond to the goals stated above:

SDP policy link or attachment (if any)

Additional creative initiatives (if any)

SDP commitment – subcontracting

Evaluate the bidder’s SDP commitment.

SDP commitment – ancillary

SDP commitment – total

Company prior year spending with the list of partners (if available)

Key Evaluation Requirements The following key requirements apply to the evaluation of submitted SDP Plans:

· At least 25% of the available evaluation score must be dedicated to the evaluation of the bidder’s SDP Commitment.

· The majority of the SDP evaluation score should be dedicated to the bidder’s SDP commitment.

· bidders offering more value in their SDP Plan submissions must receive higher scores.

Other Requirements:

· Include SBPP contract language and place it prominently within the RFQ. See SDO Template Language.

· Evaluate bids received from, and award a contract to, an SBPP-participating small business that meets the department’s best value criteria.

· Award to a large business only if there is no SBPP participating business meeting departments’ best value criteria.

· Conduct a clarification/BAFO/negotiation before disqualifying an SBPP-participating business based on price or desirable criteria.

· See the Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams for additional guidance.

· Make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

· See the Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams for additional guidance.

1. Note: Departments may ask the prime Contractor for an additional SDP commitment specifically related to the Department’s purchase or engagement. SDP spending for such a purchase or engagement must be reported by the Contractor using the SDP Reporting Form directly to the Department and may not be included in any other SDP reporting filed by the Contractor.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

Pricing, Quote and Purchase Options Purchase Options The purchase options identified below are the only acceptable options that may be used on this contract:

· Purchases made through this contract will be direct, outright purchases Pricing Options

· Fixed Pricing: Contract pricing has been negotiated, and no further negotiations may be made.

· Ceiling/Not-to-Exceed: Contract discounts and other pricing published under the contract represents “ceiling” or “not-to-exceed” pricing and may be further negotiated. Cost must contain all goods identified in Maximum Rate vendor File

· Weekly Vendor Order Guide: To obtain the Weekly Vendor Order Guide, Eligible Entities must directly contact the Vendor’s Contract Manager to get established on their applicable weekly distribution list. The Vendor’s contact information is listed below in the Vendor List and Information section.

Product Pricing and Finding Vendor Price Files Product pricing may be found by directly accessing the individual vendors [Input info here – but note that if including links to the Vendor MBPOs, you may direct buyers to the vendor information page, where links to all the vendors MBPO’s should be provided] Setting Up a COMMBUYS Account COMMBUYS is the Commonwealth’s electronic Market Center supporting online commerce between government purchasers and businesses. If you do not have one already, contact the COMMBUYS Help Desk to set up a COMMBUYS buyer account for your organization: (888)-627-8283 or OSDhelpdesk@mass.gov.

Per 801 CMR 21.00, Executive Branch Departments must use established statewide contracts for the purchase of commodities and services. Specifically, Executive Departments are required to use OSD’s statewide contracts, including designated statewide contracts, if available, for their specific commodity and service needs. Exceptions will only be permitted with prior written approval from the Assistant Secretary for Operational Services, or designee.

When contacting a vendor on statewide contract, always reference GRO42 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS, and use the Search box on the COMMBUYS header bar to locate items described on the MBPO or within the vendor catalog line items. Select Contract/Blanket or Catalog from the drop-down menu.

How To Purchase From The Contract

· Directly purchase fixed price items through COMMBUYS This contract allows buyers to find and quickly purchase specific products/services with pricing within COMMBUYS. In other words, it allows you to create a Release Requisition in COMMBUYS, submit the requisition for approval, and send the vendor a Release Purchase Order. 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.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage and select:

· The COMMBUYS Requisitions section and choose the Make a Statewide Contract Purchase in COMMBUYS job aid.

· Solicit quotes and select and purchase quoted item in COMMBUYS This COMMBUYS functionality provides a mechanism to easily obtain quotes, as specified by the Contract. The buyer would create a Release Requisition, and then convert it to a Bid. After approval by the buyer approving officer, the bid is then sent to selected vendors to request quotes. Buyers must include GRO42 RFQ” when entering information in the Description field.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section, and choose the How to Create a Solicitation Enabled Bid Using a Release Requisition job aid or one of the quick reference guides.

· Document items in COMMBUYS that have already been purchased This type of contract allows buyers to document a contract purchase in COMMBUYS that already has taken place through a Request for Payment Authorization (RPA) Release Requisition. It also allows MMARS users to easily keep track of spend. NOTE: MMARS and COMMBUYS do not interface –payment request and invoice should be reported in both MMARS and COMMBUYS separately.

For a description of how to complete this purchase in COMMBUYS, visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Requisitions section and choose the How to Create an RPA Requisition job aid.

Obtaining Quotes Contract users should always reference GRO42 when contacting vendors to ensure they are receiving contract pricing. Quotes, should be awarded based on best value. Buyers are highly encouraged to negotiate weekly prices and/ or seek alternative quotes from other GRO42 awarded Vendors, if needed.

For a full description of how to complete a quote in COMMBUYS visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section, and choose Request Quotes From Vendors on Statewide Contracts job aid.

Instructions for MMARS Users MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Environmentally Preferable Products (EPP) Certified Organic: Acceptable certifications in this category are USDA Organic and Demeter Certified Biodynamic.

Locally Sourced: Local and regional food is raised, produced, aggregated, stored, processed, and distributed in the locality or region where the final product is marketed to consumers, so that the total distance that the product travels between the farm or ranch where the product originates and the point of sale to the end consumer is at most 400 miles, or both the final market and the origin of the product are within the same State or territory (from the USDA Agricultural Marketing Service) Contract Exclusions and Related Statewide Contracts Related Statewide Contracts GRO38 Prime Grocers, GRO39 Drinking Water, and GRO41 Dairy Products and Baked Goods some overlap is expected.

Emergency Services Many statewide contracts are required to provide products or services in cases of statewide emergencies. ML - 801 CMR 21 defines emergency for procurement purposes. Visit the Emergency Response Supplies, Services and Equipment Contact Information for Statewide Contracts list for emergency services related to this contract.

Shipping/Delivery/Returns 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 vendors(s). The vendors(s) must make delivery of items as requested by the ordering facility. The vendors(s) must call the facilities or email the contact person, to schedule delivery. Any change in the specified delivery schedule is subject to approval by the ordering facility. The vendor(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 vendor’s failure to deliver will be the responsibility of the contractor(s).

Delivery Requirements for K-12 School Districts: Delivery times should be agreed upon between the site and the vendor. School districts will typically accept deliveries between 6AM and 2PM Mondays to Fridays.

Delivery Requirement for the Department of Correction: Vendors 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. Vendors may be asked to deliver products outside the established delivery schedule to respond to emergency situation.

Substitutions: If a product becomes unavailable, Eligible Entities must be notified a minimum of twenty-four (24) hours before delivery. The awarded vendor must provide a substitute item. Any substitute item must follow the pricing structure of the contract, and it cannot exceed the price per serving of the original sourced item. Eligible Entity must approve the substitute item prior to delivery.

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.

Order Minimum: Vendors will be responsible for providing their order minimum threshold in the bidder response form. Vendors are encouraged to offer a threshold of less than $150, as there are school districts that require lower thresholds. School districts that require lower thresholds will be responsible for soliciting quotes from participating vendors for pricing.

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.

Returns: Products will be inspected within 24 hours of delivery. Eligible Entities 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 vendor must replace it immediately (to be defined by the Eligible Entity) at no additional expense to the facility.

The School Food Authority (SFA) will hold the item at the original temperature and will make every attempt to promptly return the item in its original packaging. The SFA will dispose of any item that leaks; is infested with vermin, spoiled/damaged produce, or due to any other conditions that make storage difficult. The bidder will issue credit/return authorization for pickups as soon as possible, and a credit memo/invoice shall be completed within fourteen (14) days and forwarded to the appropriate SFA. Bidders should provide details of their Credit and Return processes as a part of this RFR submission.

The vendor shall accept returns under the following (but not limited to) conditions:

· Items shipped in error

· Items damaged in shipment

· Items with concealed or latent damage

· Items that are recalled

· Items which do not meet reasonable shelf-life requirements (an example of a minimum shelf-life requirement would be seven (7) days from date of receipt by the appropriate SFA)

· Items that do not meet minimum quality requirements

· Items delivered in unsanitary delivery vehicles

· Items delivered that were below/exceed the minimum/maximum specified temperature.

· Item delivered that do not meet the Buy American Provision. See RFR section 4.6 for more information.

Additional Information/FAQs Buy American Provision:

Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools participating in the National School Breakfast and Lunch Programs in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or product for use in the meals served under these programs. The legislation defines "domestic commodity or product" as one that is produced in the United States and is processed in the United States substantially using agricultural commodities that are produced in the United States.

In order that schools are able to maintain these mandatory standards, vendors are required to supply these domestic commodities to the schools. Vendors are therefore required to provide produce that are grown in the United States or where not grown, are processed in the United States substantially using agricultural commodities produced in the United States.

"Substantially" means that over 51% of the final processed product consists of agricultural commodities that were grown domestically.

The Buy American provision aims to limit products from outside the US being supplied by vendors to the K-12 school districts and other eligible entities. To ensure this standard is enforced, vendors are required to indicate the origin of their products when providing their weekly price list. This will allow the district to decide whether they want the item from outside the US or not, as an exception. This will also help the vendors avoid delivery issues; if the district is previously unaware that an item originates outside the US, and is subsequently delivered to them, it may be rejected. Vendors are encouraged to engage buyers in more details around their expectations for the Buy American Standards, before entering into an agreement.

As noted, there may be times when exceptions are accommodated to the Buy American Standard as a last resort. In those instances, the buyer will first approve an item from outside of the US based on an exception. They will then contact the vendor for supporting documentation to justify this exception. The vendor is expected to provide this information to the buyer who is usually the district’s food services director.

Overall, this provision places the onus on the school district to comply with this provision and, if necessary, maintain supporting documentation. This provision is included in this RFR so that the vendor understands the following expectations:

· the desire to limit the number of non-domestic items offered,

· the fact the district can and may ask for supporting documentation,

· the school districts will have the right to reject a non-domestic item, if it was previously stated that said item(s) had a “domestic” origin.

Frequently Purchased Items on the Contract Produce: fresh fruits, vegetables, herbs including organic and non -organic items Geographical Service Area See Appendix A https://www.sec.state.ma.us/cis/cispdf/County_Map.pdf] Product Specifications, including Environmental Standards and Requirements Third – Party Food Safety Inspection: The SST and / or Eligible Entities reserve the right to inspect the vendor’s operations facility and/or trucks. Failure to maintain all required licenses and satisfactory inspection reports during the term of this agreement and subsequent renewal(s) may result in the awardee being defaulted. Vendors shall have a system in place that provides for quality control and the delivery of products at consistent and specified quality levels. Vendors shall also have in place a system for safety and sanitation inspections, assuring the delivery of products that are free from contamination and product degradation. The bidder must be third-party food safety inspected and certified and provide a copy of the inspection certificate with the bid response.

Other Discounts

· Prompt Pay Discounts: A discount given to the buyer if paid within a certain time period. These discounts may be found in the Vendor List and Information section below. All discounts offered will be taken in cases where the payment issue date is within the specified number of days listed by vendor and in accordance with the Commonwealth’s Bill Paying Policy. Payment days will be measured from the date goods are received and accepted / performance was completed OR the date an invoice is received by the Commonwealth, whichever is later to the date the payment is issued as an EFT (preferred method) or mailed by the State Treasurer. The date of payment “issue” is the date a payment is considered “paid” not the date a payment is “received” by a Contractor.

· Volume Discounts: discount is to be negotiated directly between buyers and vendors If the Needed Product Can Not be Found If a cannot be found in the vendor’s catalog, price sheet or PunchOut, it is recommended to contact the vendor directly to inquire if it is available for purchase on this contract. If the product meets the scope of the product category, the vendor may be able to add it to their product offerings.

If the product is not listed in the scope of the product category, a buyer may contact the Strategic Sourcing Lead to inquire whether the product may be purchased.

Performance and Payment Time Frames Which Exceed Contract Duration No written agreement shall extend beyond the termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Strategic Sourcing Team Members

Vendor List and Information*

Out Available

(PPD,

Dock Delivery, Other)

any other important items

1% - 15 days

2% - 15 days 1% - 20 days

*Note that COMMBUYS is the official system of record for vendor contact information.

**The Master Contract Record MBPO. The Master MBPO is the central repository for all common contract files. Price files may be found in the individual vendor’s MBPO.**

Appendix A:

Massachusetts Cities and Towns Map:

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