GRO42 K- 12 School Nutrition Products RFR Amendment 12312024~1.pdf

Document Sensitivity Level: High during development; Low once published. Template v 4.1.0

THE COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: K-12 School Nutrition Products

Agency Document Number: GRO42

COMMBUYS Bid#: BD-24-1080-OSD03-95958

November 21, 2024 Amended December 20, 2024 Amended December 31, 2024

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.

http://www.commbuys.com/ mailto:OSDHelpdesk@mass.gov https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE GRO42 K-12 Nutrition

Revision History

Version Number

Date Author Brief Description

1.0 11/21/2024 Michael Barry Initial release

1.1 12/20/2024 Michael Barry Market Basket Price File Amendment. Updates are highlighted in Turquoise

1.2 12/31/2024 Michael Barry Market Basket Price File Amendment. Updates are highlighted in Yellow. Any previous Market Basket Price Files will be accepted.

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

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (DESE) AND FOOD AND

NUTRITION SCHOOL DIRECTORS COLLABORATION

1.3 ESTIMATED PROCUREMENT CALENDAR

1.3.1 SUBMISSION OF BID QUESTIONS

1.3.2 BID AMENDMENT DEADLINE

1.3.3 BIDDERS CONFERENCE

1.3.4 LATE BIDS WILL NOT BE CONSIDERED

1.3.5 DEBRIEFING

1.4 ADDITIONAL BID INFORMATION

1.4.1 ANTICIPATED CONTRACT DURATION

1.4.2 PERFORMANCE AND PAYMENT TIME FRAMES WHICH EXCEED CONTRACT DURATION

1.4.3 ESTIMATED VALUE OF THE CONTRACT

1.4.4 ESTIMATED NUMBER OF AWARDS

1.4.5 CONTRACT RENEWAL

1.4.6 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.4.7 ACQUISITION METHOD(S):

1.4.8 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 BUSINESS BACKGROUND

3.1.2 YEARS IN THE INDUSTRY OF THE BID

3.2 EMPLOYEE AND/OR BUSINESS TECHNICAL/BUSINESS EXPERIENCE, CERTIFICATIONS, LICENSES

3.2.1 FOOD SAFETY

3.2.2 THIRD – PARTY FOOD SAFETY INSPECTION

3.2.3 PRODUCT SAMPLE / PRODUCT DEMONSTRATIONS

3.2.4 LIST OF FARMS

3.2.5 LABELING

3.2.6 DELIVERY SCOPE

3.2.7 VELOCITY REPORT

3.3 CONTINUITY OF OPERATIONS PLAN (COOP)

3.4 PRODUCE CONTINUITY OF OPERATIONS PLAN

3.5 EMERGENCY RESPONSE CAPABILITIES

3.6 FINANCIAL STABILITY INCLUDING BANKRUPTCY, LITIGATION AND CONTRACT DEFAULTS

3.7 FINANCIAL STATEMENT FOR MOST RECENTLY COMPLETED FISCAL YEAR

3.8 BANKRUPTCY, LITIGATION, AND CONTRACT DEFAULTS

3.9 MINIMUM REVENUE

3.10 REFERENCES AND REFERENCE INFORMATION AND/OR REQUIREMENTS

4 COMMODITY SPECIFICATION

Table of Contents Page ii

4.1 CATEGORY 1 - PRODUCE

4.1.1 MINIMUM QUALITY REQUIREMENT

4.1.2 AGRICULTURAL PRODUCTS REFERENCE

4.1.3 ORDERING AND DELIVERY TERMS

4.1.4 ELIGIBLE SERVICES

4.2 GEOGRAPHIC COVERAGE

4.3 ORDERING AND QUOTES

4.4 ENVIRONMENTAL SPECIFICATIONS

4.4.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.4.2 REQUIRED ENVIRONMENTAL SPECIFICATIONS

4.4.3 DESIRABLE ENVIRONMENTAL SPECIFICATIONS

4.4.4 ENVIRONMENTAL PRACTICES FORM

4.4.5 ENVIRONMENTAL PLAN

4.5 COMPENSATION STRUCTURE/PRICING

4.5.1 PRICE STRUCTURE FOR CATEGORY 1 – PRODUCE

4.5.2 WEEKLY VENDOR ORDER GUIDE

4.5.3 AUTHORIZED PRICE CHANGES

4.5.4 COMMBUYS SETUP

4.5.5 PROMPT PAY DISCOUNT

4.6 BUY AMERICAN PROVISION

5 SUPPLIER DIVERSITY PLAN (SDP)

5.1 PROGRAM BACKGROUND

5.2 FINANCIAL COMMITMENT REQUIREMENTS

5.3 ELIGIBLE SDP PARTNER CERTIFICATION CATEGORIES

5.4 ELIGIBLE TYPES OF BUSINESS-TO-BUSINESS RELATIONSHIPS

5.5 PROGRAM FLEXIBILITY

5.6 SDP PLAN FORM REQUIREMENTS

5.7 EVALUATION OF SDP FORMS

5.8 SDP SPENDING REPORTS AND COMPLIANCE

5.9 SDP SPENDING VERIFICATION

5.10 PROGRAM RESOURCES AND ASSISTANCE

5.11 SDP EXEMPTION UNDER GRO42

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.1.1 ACCEPTABLE FORMS OF SIGNATURE

7.2 LIMITS AND RESTRICTIONS

7.2.1 FILE SIZE LIMITS

7.2.2 FILE FORMAT RESTRICTIONS

7.2.3 FILE NAMING CONVENTIONS

Table of Contents Page iii

7.3 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.3.1 QUOTE CONTENT

7.3.2 NON-COLLUSION

7.3.3 MULTIPLE QUOTES

7.3.4 MINIMUM QUOTE DURATION

7.3.5 BIDDER’S CONTACT INFORMATION

7.3.6 OWNERSHIP OF SUBMITTED QUOTES

7.3.7 PROHIBITIONS

7.3.8 PUBLIC RECORDS LAW

7.3.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO VENDOR’S INFORMATION

8.3.2 SINGLE POINT OF CONTACT

8.3.3 REPLACEMENT OF CONTRACTOR STAFF

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

CONTRACT

8.3.5 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 VENDOR RELATIONSHIP MANAGEMENT

8.4.1 SUPPLIER BUSINESS REVIEWS

8.5 PERFORMANCE MEASURES

8.5.1 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.5.2 FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS

8.6 ADDING ADDITIONAL CONTRACTORS

8.7 REPORTING REQUIREMENTS AND DUE DATES

8.7.1 REPORTING AND PAYMENT DUE DATES

8.7.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.7.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.7.4 AUDIT

8.7.5 OTHER TERMS

8.7.6 AD HOC REPORTS

8.8 PAYMENT RELATED TERMS

8.8.1 BILL PAYMENT

8.8.2 LATE PAYMENT FEES

8.8.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.8.4 CREDITWORTHINESS

8.8.5 TAX EXEMPTION

9 RFR APPENDICES

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2: INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

Table of Contents Page iv

9.3 APPENDIX 3 RFR – OTHER SPECIFICATIONS - REQUIRED CONTRACT PROVISIONS IN

APPENDIX II OF 2 CFR 200

SEE ATTACHMENT NAMED REQUIRED CONTRACT PROVISIONS FOR DETAILS

9.4 APPENDIX 4 RFR – GRO42 PUNCHOUT BUSINESS REQUIREMENTS AND TECHNICAL

SPECIFICATIONS

9.5 APPENDIX 5 SAMPLE DELIVERY TICKET

10 GLOSSARY

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 1

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the GRO42 K-12 School Nutrition Products Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of organic and non-organic Produce, Groceries, Meat, Seafood and locally sourced foods. The SST is interested in accessing high-quality best value products for 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 and who can assist K-12 schools in the Commonwealth to gain greater efficiencies in school nutrition programs. 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 Price File.

The resulting Contract will serve as the primary Statewide Contract used by K-12 School Districts throughout the Commonwealth and its Executive Agencies for the goods and services covered by the Contract. The resulting Contract will NOT replace GRO38 Prime Grocers, GRO39 Drinking Water, General & Emergency Services nor GRO41 Dairy Products and Baked Goods (or their successor contracts) but some overlap is expected. The Contract will also be available for use by other Eligible Entities.

The Commonwealth of Massachusetts is committed to prioritizing and promoting Sustainable Products and Services in state contracting with both vendors and buyers. We aim to collaborate with businesses that embrace sustainable practices in their operations.

In support of EO604, EO595, EO515, Senate Bill 9: An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy, and the Green Communities Act, and in its capacity as Massachusetts’ procurement agency, the Operational Services Division (OSD) will play a pivotal role in advancing climate-responsible purchasing. OSD is committed to partnering with our business community to offer more products and services that meet the goals of the Commonwealth, and in this contract that includes products that contain recycled content, have obtained third party environmental certifications and standards, and are sustainably and ethically manufactured.

1.2 Department of Elementary and Secondary Education (DESE) and Food and Nutrition School Directors Collaboration

The following school districts provided guidance and input for this RFR in conjunction with the Department of Elementary and Secondary Education (DESE) who provided regulatory guidance.

• Braintree Public Schools

• Dartmouth Public Schools

• Dedham Public Schools

• Franklin Public Schools

• Nauset Public Schools

• Old Rochester Regional School District

• New Bedford Public Schools

• Pittsfield Public Schools

The purpose of this Request for Response (RFR) is to award Statewide Contract GRO42 K-12 School Nutrition Products in the following three (3) Categories:

Category 1 - Produce: (profile of nutritional product company to bid on this category would include high volume commercial produce distributors, preferably providing locally sourced and organic products)

Category 2 - Groceries: (high volume commercial grocery distributors who specialize in K-12 school nutrition products, preferably providing locally sourced and organic products)

Category 3 - Locally Sourced Foods: (Food hubs, local food processors, local farmers, fisheries, meat processors that focus on locally sourced and organic products.

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 2

The GRO42 RFR will be issued in the following phases:

• Phase I – Category 1 Produce (including Fresh Fruits, Vegetables, Herbs, Organic and Locally Sourced– see RFR Section 1.2 for the Estimated Procurement Calendar)

• Phase II – Category 2 – Groceries – Estimated Procurement Calendar for phase II to be determined early Summer 2025.

• Phase III – Category 3 – Locally Sourced foods – Estimated Procurement Calendar for phase III to be determined early Winter 2025.

1.3 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure 11/1/2024

Bid Release Date 11/21/2024

Bidders Conference 12/3/2024 Virtual and in-person

1PM-2PM

Virtual Zoom registration link:

https://us02web.zoom.us/meeting/re gister/tZcscuGgqD0sH9L- IKEkR68bwCqjyGxaawjo

Two in-person meeting areas (check -in required):

Cape Cod Technical High School 351 Pleasant Lake Ave, Harwich MA.

02645. Hosted by Sue Murray (check-in at front desk. Ask for Sue Murray) Pittsfield High School 300 East Street, Pittsfield MA.

01201. Hosted by Jeremy Wells (check-in at front desk. Ask for Jeremy Wells)

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

On-going. Last day to submit questions is 12/12/2024

Official answers for Bid Q&A published (Estimated)

On- going. All questions will be answered by 12/20/2024

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

Dates and Times Available:

November 26th 10AM - 11AM

December 10th 1PM - 2PM

How to Locate and respond to Bids in COMMBUYS

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature; Creating https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://attendee.gototraining.com/957t1/rt/900380584172631809?tz=America/New_York https://attendee.gototraining.com/957t1/rt/900380584172631809?tz=America/New_York

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 3 a quote response; Revising a Quote response. Access the webcast here.

Bid Amendment Deadline. Bid documents will not be amended after this date.

12/20/2024 12/23/2024 12/31/2024

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

1/08/2025 Late bids will not be considered.

Notification of Apparent Successful Bidder(s) (Estimated)

On-going

Completion of Online Catalogs (Estimated) N/A for phase 1

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

2/01/2025 – Initial Contract Start Date.

Note: See Appendix 2, "Instructions for Vendors Responding to Bids Electronically through COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

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

1.3.1 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, 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.

https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/doc/vendor-schedule/download

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 4

1.3.2 Bid Amendment Deadline

Although Bidders may submit quotes any time after the Bid Release Date and prior to the Bid Opening Date, Bidders should ensure that their quotes are based upon the final versions of the RFR and its attachments. Final versions of RFR and its attachments are available after the Bid Amendment Deadline date.

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. As stated above, it is the responsibility of the bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.3.3 Bidders Conference

The Bidders Conference is a physical, web or telephone 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 but highly encouraged. 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.

The SST intends to hold Bidder’s Conference to provide information regarding the GRO42 bidding opportunity.

The details are below:

Bidder Conference Date

Location- Virtual & In- Person

Hosting

SST

Registration Link

December 3rd

1PM

Cape Cod Technical High School

Pleasant Lake Avenue

Harwich MA 02645

Sue Murray (check-in at front desk required.

Ask for Sue Murray) https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L- IKEkR68bwCqjyGxaawjo

December 3rd

1PM

Pittsfield High School

300 East Street

Pittsfield MA 01201

Jeremy Wells (check-in at front desk required.

Ask for Jeremy Wells) https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L- IKEkR68bwCqjyGxaawjo

December 3rd

1PM

Everett MA

DESE

Offices-TBD

TBD TBD

The additional details on the Bidders’ Conference will be posted in COMMBUYS prior to the date of the conference.

1.3.4 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 must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo https://us02web.zoom.us/meeting/register/tZcscuGgqD0sH9L-IKEkR68bwCqjyGxaawjo

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 5 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.

1.3.5 Debriefing

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

1.4 Additional Bid Information

1.4.1 Anticipated Contract Duration:

For Category 1 – Produce, the initial term of this Contract is two years (2). The two years initial term is to allow the Commonwealth to pilot the pricing model for this category. In addition, this Contract has two (2) options to renew of up to three (3) years each with a maximum possible contract duration of eight (8) years. The contract term for Categories 2 and 3 will be communicated in this RFR at the point of its reopening to invite Bidders for those categories.

1.4.2 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. Any contractor entering new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

1.4.3 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is 64 million. This estimate is based on recent produce and grocery food purchasing data from 96 MA school districts for school year 2022-2023.Total amount breakdown by category is provided below in Section 1.3.3.1. This represents 33% of 295 school districts in the Commonwealth that could utilize this contract. The SST is expecting to see a significant volume of purchase of food items through the resulting GRO42 contract. 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 goods/services being solicited in this Bid have not been on Statewide Contract in the past. However, the SST believes that there is a significant opportunity for business for interested Bidders.

1.4.3.1 Actual Dollars Spent for Grocery and Produce in School Year 2022-2023

The actual dollars spent is based on survey data reflecting data from 96 school districts for grocery and 80 school districts for produce for school year 2022-2023.

Category

Districts

Primary Purchases

Secondary Purchases

1. Produce: Fresh Fruits, Vegetables and Herbs

$6,864,071.25

$1,284,727.34

2. Grocery 80 $51,264,751.58 $4,724,869.59

1.4.4 Estimated Number of Awards

There is no target maximum number of vendors for this contract. The SST intends to award multiple contracts to meet the needs of school districts throughout all fourteen (14) counties in the state, by awarding on a city/town basis. See the list of counties, cities and towns in the RFR section 4.2 Geographic Coverage. The SST may award more or fewer contracts, if it is in the best interest of the Commonwealth to do so.

1.4.5 Contract Renewal

Contract renewals will be offered at the sole discretion of OSD and the SST. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, meeting agreed

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 6 upon key performance indicators and other performance measures. See RFR Section 8.5 Performance Measures.

1.4.6 Adding Contractors after initial Contract Award

This is a rolling enrollment Bid, which means that proposals may be submitted and may be evaluated by the SST at any time after the Bid Amendment Deadline. However, once initial awards are made sufficient to meet Buyer needs, the SST reserves the right to periodically evaluate additional submissions and make additional awards as needed.

For Rolling Enrollments, the SST also reserves the right to suspend the review of additional submissions for specific regions if it deems that the number of Contractors awarded at that point adequately meets the needs of eligible entities. If, after such a decision, the SST 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 and/or the Bid may be reopened to obtain additional Quotes.

1.4.7 Acquisition Method(s):

Check All Applicable (“X”):

Category

Fee-For-Service

Outright Purchase

1.4.8 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 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

The GRO42 SST plans to leverage this contract to bring more nutritional food and locally sourced items to school districts and to further enhance the K-12 food service programs in school districts throughout the state. Food products under this contract may overlap with the following Statewide Contracts: GRO38 Prime Grocers, GRO39 Drinking Water, General & Emergency Services and GRO41 Dairy Products and Baked Goods.

3 BIDDER QUALIFICATIONS

3.1 Company experience

Bidders must provide a detailed company profile, company background information, experience, and qualifications with a copy of the company’s organization chart. The GRO42 contract will utilize the expertise of awarded vendor(s) to incorporate food items that are in season, through maintained vendor communication regarding product availability https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 7 and market conditions. The expertise of the awarded vendor will also be utilized for guidance on purchasing, receiving, and storing of perishable products.

3.1.1 Business background

3.1.2 Years in the industry of the Bid

Bidders must have been in the business of providing fresh produce for at least the two most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar). Bidders must have experience in executing medium to large-scale produce procurements and distribution and provide references from significant clients in the industry. See RFR section 3.6 Reference and reference information and/or requirements.

Bidders must have documented experience in effectively managing purchase volume related to school districts.

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

3.2 Employee and/or business technical/business experience, certifications, licenses Bidders must ensure that all personnel are qualified and properly trained, licensed and certified as required by federal, state and local laws and regulations.

3.2.1 Food Safety

3.2.2 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 (See section 3.2.1.2) 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.

3.2.2.1 Hazard Analysis Critical Control Point Program (HACCP) All vendors should have a Hazard Analysis Critical Control Point Program (HACCP) for all areas of service and products including but not limited to purchasing, temperature control, receiving, holding, storage, transportation and delivery. All HAACP records must be documented and available for review.

More information about HACCP can be found on the FDA website at: FDA Food Guidance Regulation

3.2.3 Product Sample / Product Demonstrations

The SST and / or Eligible Entities reserve the right to request samples of any or all items under Category 2 for which a bid is submitted for testing in determining awards; samples are to fully represent the items proposed. The brand and grade offered and accepted shall be supplied during the entire contract period, and no substitution shall be made except upon written approval of the eligible purchasing entity.

3.2.4 List of Farms

Bidders are required to submit a list of all the farms that the bidder regularly sources from to inform the SST on how many farms the vendor will regularly source fruits and vegetables from over the life of the contract.

In addition, the SST and buyers as necessary, will require potential vendors to be able to trace all items from the farm of origin, providing information with each delivery that identifies originating producer names and the exact producer address, including state, county, and location.

3.2.5 Labeling

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.

https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/hazard-analysis-critical-control-point-haccp#%3A%7E%3Atext%3DHACCP%20is%20a%20management%20system%2CDairy%20Grade%20A%20Voluntary%20HACCP

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3.2.6 Delivery Scope

Primary buyers from this contract include school districts and sites varying from a single school district to large school districts with multiple sites.

3.2.6.1 Product Authenticity

No Product nor any portion of any Product shall be adulterated, misbranded, mislabeled or unsafe, as those terms are used in the Federal Food, Drug and Cosmetic Act (the” FD&C Act”) and must be compliant with the Food Service Modernization Act (FSMA) Produce Safety Rule. No Product nor any portion of any Product shall constitute an article which may not, under the provisions of the FD&C Act, be introduced into interstate commerce.

All such Products shall be produced and furnished in accordance with the terms and requirements of the FD&C Act and FSMA Produce Safety Rule or at least within the terms and requirements of an applicable substantially similar federal, state or local law or ordinance.

3.2.6.2 Invoice

A sample invoice that includes, at a minimum, the invoice number, invoice date, item ID, item description, item quantity, unit price, extended price, delivery date, delivery site ID, delivery location name, delivery address should be submitted with this bid response for review.

3.2.6.3 Delivery Ticket

At delivery time, the awarded GRO42 vendor is expected to provide a delivery ticket with the following delivery information:

Vendor Business Name

Delivery Site Name and Address

Product Description

Organic (yes or no)

Country of Origin (when possible)

Locally Sourced (yes or no)

Delivery Date

Item Code

Product Quantity

Unit and Case Size

Unit price

Extend Price (unit price x quantity)

Total Price (total cost of the invoice)

A sample delivery ticket is provided as Appendix 5. Bidders are not required to use this sample delivery ticket. This is a guide document awarded vendors must follow.

3.2.7 Velocity Report

A sample velocity report must be provided with the bid submission for all products contracted or otherwise that at a minimum includes:

• Account name

• Account code

• Product code number

• Product description

• Unit of measure

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• Quantity sold

• Specific or average price charged per UOM

School districts will independently, throughout the term of the contract, request velocity reports which must replicate the sample provided with the bid submission.

3.3 Continuity of Operations Plan (COOP)

All bidders must 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.

3.4 Produce Continuity of Operations Plan

Bidders are asked to provide a Continuity of Operations Plan (COOP) designed to ensure the resilience of your produce distribution operations during unexpected events. Bidders are asked to provide:

• Contact information for the dedicated emergency response team responsible for coordinating and executing the continuity plan, in the case of an emergency.

• A list of clear communication channels for customers during emergencies.

• An emergency contact list and communication tree.

3.5 Emergency Response Capabilities

Vendors 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.

3.6 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.

3.7 Financial statement for most recently completed fiscal year Gross Annual Revenue for the Bidder’s most recently completed three (3) fiscal years (FY 2021, 2022 & 2023)

3.8 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.

3.9 Minimum Revenue

Bidders must have a minimum of $100,000 in gross revenue in the Bidder’s most recently completed fiscal year to ensure that they have the capability and resources to deliver fresh produce at the level necessary for this bid.

No contract will be awarded without a statement of financial stability.

3.10 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. Bidders must provide a list of current customers. The SST intends to randomly select a minimum of three (3) customers from the list to provide business references regarding your business practices and contract performance. Representatives of the following organizations will not be acceptable as references:

The Massachusetts Operational Services Division (OSD) or any GRO42 SST Member.

The SST reserves the right to contact all customers provided in the bidder customer contact list. For more information refer to the Business Reference tab of the Bidder Response Form template.

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4 COMMODITY SPECIFICATION

4.1 Category 1 - Produce

Produce items in this category include fresh fruits, vegetables and herbs which may be organic, non-organic and locally sourced. All fresh fruits, vegetables and herbs must be of high quality and comply with Federal and State standards and requirements. All produce must be provided in good condition, bright good color, crisp, good shape, with no mechanical damage and no evidence of wilting or decay.

GRO42 is committed to high quality, locally sourced and organic fresh foods, in compliance with Federal and State standards and requirements. Specifically, the SST is seeking to provide:

• High-quality produce at best value pricing;

• Options for locally sourced produce;

• Options for seasonal produce;

• Options for organic produce

4.1.1 Minimum Quality Requirement

All fresh fruits and vegetables must be provided in good condition, bright good color, crisp, good shape, with no mechanical damage and no evidence of wilting or decay.

4.1.2 Agricultural Products Reference

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, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations

4.1.3 Ordering and Delivery Terms

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).

4.1.3.1 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.

4.1.3.2 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.

4.1.3.3 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.

https://malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter123

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4.1.3.4 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.

4.1.3.5 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.

4.1.4 Eligible services

4.1.4.1 Samples for Testing

Eligible Entities reserve the right to request samples of any or all items for testing. Samples are to fully represent GRO42 awards products as listed in the Vendor Order Guide/ Vendor Price File. No substitution shall be made except upon written approval of Eligible Entities. See RFR language 4.1.3.2.1 Substitutions.

4.1.4.2 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 Category Manager must be notified of any corrective actions as they are taken.

4.1.4.3 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 Buy America Provisions and must be able to easily answer user’s questions about pricing, product and service and country of origin. If a vendor receives a complaint about quality, a sample of the item must be collected, inspected and analyzed for quality within a reasonable time, at no additional cost to the Commonwealth. The OSD Category Manager must be contacted immediately by the vendor’s 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.

4.1.4.4 Recall

The bidder must have quality controls in place in the event of a produce recall and be able to provide timely communication. Bidder must provide documentation regarding their quality control with the bid response.

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.

Bidders are required to indicate their recall protocol as a part of this RFR’s submission and make this available for access to the requesting buyer over the life of the contract.

4.1.4.5 Returns and Disposal

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 bidder shall accept returns under the following (but not be limited to) conditions:

• Items shipped in error

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• 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.

4.2 Geographic Coverage

It is desirable that vendors of GRO42 provide service to cover the entire State of Massachusetts as detailed in the below cities and town map. Bidders are required to indicate in their bid submission, which cities and towns they will be able to deliver to. Please click on the following link to see a list of cities and towns in each county:

https://www.sec.state.ma.us/divisions/cis/county-list.htm.

Counties:

• Berkshire

• Hampshire

• Franklin

• Worcester

• Hampden

• Middlesex

• Essex

• Suffolk

• Norfolk

• Plymouth

• Bristol

• Barnstable

• Dukes

• Nantucket https://www.sec.state.ma.us/divisions/cis/county-list.htm

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4.3 Ordering and Quotes

Responding to Buyer’s quote requests is a requirement of this contract. Vendors 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, Vendors choosing not to bid on quote requests received outside of COMMBUYS must respond with a “no bid”.

Vendors 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 the vendor is awarded to sell under this Statewide Contract. Furthermore, vendors 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.

4.4 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 vehicles. View EO594: Leading By Example 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://www.mass.gov/doc/epp-general-information-requirements-and-guidance/download https://malegislature.gov/Bills/192/S9

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 14 requirements https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing-environmental-impacts-of-state-government.

4.4.1 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.

4.4.2 Required Environmental 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.”

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 EPP Products and Services Guide: Environmentally Preferable Products (EPP) and Services Guide Mass.gov. All statewide and executive department contracts are required to use these standards, unless otherwise noted in the

RFR.

Vendors on this contract will be required to identify the following third-party certifications or standards in all catalogs/price files to assist buyers interested in finding and purchasing such items:

• 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)

• Certified Non-GMO: using…