GRO42 K- 12 School Nutrition Products RFR Amendment_Re-Open_Final 08072025.docx

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-OSD03-117666 November 21, 2024 Amended December 20, 2024 Amended December 31, 2024 Re-Opened August 7, 2025 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.

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

Revision History

Table of Contents

REQUEST FOR RESPONSE GRO42 K-12 Nutrition

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.

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

· Hingham 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.

REQUEST FOR RESPONSE GRO42 K-12 Nutrition

RFR 1.1.0 COMMBUYS BID NUMBER BD-24-1080-OSD03-SRC02-95958 Page 38 Document Sensitivity Level: High during development; Low once published.

The GRO42 RFR will be issued in the following phases:

· Phase I – Category 1 Produce (including Fresh Fruits, Vegetables, Herbs, Organic and Locally Sourced).

· Phase II – Category 2 – Groceries and Category 1 Re-Opening – Produce – Estimated Procurement Calendar for phase II to be determined early Summer 2025. See RFR Section 1.3 for the Estimated Procurement Calendar.

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

Estimated Procurement Calendar

Virtual Zoom registration link:

Meeting Registration - Zoom

08/28/2025

1:00 PM -2:00 PM EDT

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 a quote response; Revising a Quote response. Access the webcast here.

08/26/2025

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

09/09/2025 2:00 PM EDT

Late bids will not be considered.

Completion of Online Catalogs (Estimated) N/A for phase 1 and phase 2

11/01/2025 - Category 1 Re-opening and Category 2 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.

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.

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.

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:

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

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 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.

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.

Additional Bid Information Anticipated Contract Duration:

For Category 1 – Produce, the initial term of this Contract is two years (2). The two-year 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. For vendors awarded during the Category 1 Re-Opening the maximum contract duration will be the remainder of the original maximum contract duration.

For Category 2 – Groceries, the initial term of this contract is one year (1) and three (3) months. The 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 is seven (7) years and three (3) months. The contract term for Category 3 will be communicated in this RFR at the point of its reopening to invite Bidders for this category.

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.

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 1.4.3.1. 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.

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

1. Produce: Fresh Fruits, Vegetables and Herbs

$6,864,071.25

$1,284,727.34

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.

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 upon key performance indicators and other performance measures. See RFR Section 8.5 Performance Measures.

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.

Acquisition Method(s):

Fee-For-Service

Outright Purchase

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.

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.

BIDDER QUALIFICATIONS

0. 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 and market conditions. The expertise of the awarded vendor will also be utilized for guidance on purchasing, receiving, and storing of perishable products.

Business background Years in the industry of the Bid Bidders must have been in the business of the category for which they are bidding for at least the two most recent years prior to the RFR submission deadline (See RFR Section 1.3, Estimated Procurement Calendar). Bidders must have experience in executing medium to large-scale procurements and distribution in regards to the category for which they are bidding and provide references from significant clients in the industry. See RFR section 3.10 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.

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.

Food Safety 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) 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.

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 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.

List of Farms Category 1 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.

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 an 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.

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.

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.

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.

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.

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

· 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.

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.

Produce and Grocery, Continuity of Operations Plan Bidders are asked to provide a Continuity of Operations Plan (COOP). The COOP should be 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.

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.

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.

Financial statement for most recently completed fiscal year Gross Annual Revenue for the Bidder’s most recently completed three (3) fiscal years (FY 2022, 2023 & 2024) 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.

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.

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.

COMMODITY SPECIFICATION

0. Category Specifications 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 Category 2 - Grocery Grocery items in this category will include and not be limited to dry grocery goods, refrigerated grocery goods, frozen grocery goods, canned goods, cereals, meats, poultry, seafood, frozen foods, pasta, specialty foods, etc. or any other product excluding Category 1 produce for use by all Commonwealth Executive Agencies and all identified eligible entities. Trans fat-free products required, unless the trans fat is naturally occurring.

Products with child nutrition labels, product formulation statements or designed for school nutrition are mandatory. Specifically, the SST is seeking to provide:

· Options for low/reduced sugar content

· Options for whole grain

· Options low/reduced sodium

· Options for low saturated fat content 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. All grocery products shall meet or exceed the requirements of USDA Grade A specifications. Buyers may require documentation from the vendor that all products meet Grade A specifications.

All perishable products must have a minimum 10-day shelf life remaining at the time of delivery and non-perishable products must have a minimum of 90-day shelf life remaining at the time of delivery.

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 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). Grocery products must be delivered at the correct internal temperature (frozen 0 degrees, refrigerated 34-40 degrees, and dry goods at room temperature 59 to 77 degrees). All product code dates shall be valid for at least 10 days from the date of delivery for perishable goods and at least 90-days for non-perishable goods. Product must be delivered into storage rooms, walk in-fridges, and walk in-freezers as product storage needs dictate. No tailgate delivery will be accepted. No products shall be left outside the building at any time or in any place other than approved designated delivery areas. All delivery slips must be signed by designated school personnel.

Order Minimum-Produce 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.

Order Minimum-Grocery The delivery minimum per site will be 10 cases.

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 Requirements for the Department of Correction The contractor(s) must meet all Department of Correction security requirements applicable to each facility. All delivery staff must pass a CORI background check. Requirements may include, but are not limited to: inspection and search of all delivery vehicles including delivery staff; 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 situations.

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.

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.

Eligible services 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 substitutions shall be made except upon written approval of Eligible Entities. See RFR language 4.1.4.5 Substitutions.

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.

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 users’ 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.

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.

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 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.

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

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.

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 Requirements https://www.mass.gov/executive-orders/no-594-leading-by-example-decarbonizing-and-minimizing- environmental-impacts-of-state-government.

Environmental Benefit Claims/Labeling

Environmental benefit claims concerning…