IFB 015-21 Ice Cream.pdf

IFB 015-21 1

Board of Education of Prince George’s County 13300 Old Marlboro Pike, RM 20

Upper Marlboro, MD 20772

INVITATION FOR BID

IFB: ICE CREAM NOVELTIES

ISSUED BY: Purchasing & Supply Services

Attention: Angela Queen

IFB NUMBER: IFB 015-21

RELEASE DATE: April 12, 2021

PRE-BID MEETING: N/A

BID DUE DATE: May 17, 2021

DIRECT INQUIRIES TO: Angela Queen Phone: 301.952.6560 Fax: 301.952.6726 E-mail: pg_angela.queen@pgcps.org diane.forde@pgcps.org

BID DOCUMENTS

The bid documents may be obtained by:

1. Downloading the document from the Board’s website at: www1.pgcps.org or clicking on the following link: http://www1.pgcps.org/purchasing/bidsnew.aspx

2. Access solicitations on eMaryland Marketplace @ https://ebidmarketplace.com/

3. Contact the Purchasing Department at 301-952-6560

4. Visiting the Purchasing Department between the hours of 9:00 AM and 4:00 PM, Monday/Wednesday excluding holidays. The Purchasing Department is located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

Bidders are cautioned not to make changes to any of the terms and conditions or specifications in this solicitation, doing so may render a Bidder’s bid unacceptable and subject to rejection.

Questions and inquires maybe addressed as outlined in Part II, Item 4 of this solicitation. ALL questions must be in writing and directed to the Buyer specified above. Failure to adhere to this requirement may subject the bidder to immediate disqualification.

mailto:Angela.Queen@pgcps.org mailto:Diane.Forde@pgcps.org http://www.pgcps.org/ http://www1.pgcps.org/purchasing/bidsnew.aspx

IFB 015-21 2

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 SCOPE OF WORK……

4.0 NON-EXCLUSIVE……………………………………………………………………………………… ..3

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-BID MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CONTRACT MONITOR/BOARD SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 INVITATION FOR BID (IFB) REVISIONS

10.0 SUBMISSION DEADLINE

11.0 BID OPENING

12.0 DURATION OF BID

13.0 MINORITY BUSINESS ENTERPRISE PROGRAM

14.0 E- COMMERCE

16.0 INSURANCE

16.0 LIQUIDATED DAMAGES

17.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

18.0 BONDING

19.0 TERMS AND CONDITIONS

20.0 BASIS OF AWARD

20.1 OPTION TO RENEW CONTRACT PERIOD …………………………………………………………..9

21.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

22.0 PERSONALLY IDENTIFIABLE INFORMATION (PII) ……………………………………………….10

PART III: BID SUBMISSION REQUIREMENTS

PART IV: SCOPE OF WORK

PART V: BID FORM

PART VI: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

APPENDIX B - NON-COLLUSION CERTIFICATE

APPENDIX C - DEBARMENT AFFIDAVIT

APPENDIX D - ANTI-BRIBERY AFFIDAVIT

APPENDIX E - CERTIFICATE OF INSURANCE COVERAGE

APPENDIX F – PRICING CONFIRMATION

APPENDIX G - ADDENDA ACKNOWLEDGEMENT

APPENDIX H – MBE DOCUMENTS

APPENDIX I - REFERENCES

IFB 015-21 3

PART I: SCOPE OF WORK

1.0 INTRODUCTION

This Invitation for Bid (IFB) is soliciting bids for ICE CREAM NOVELTIES.

2.0 BACKGROUND

The Board Of Education of Prince George’s County (The Board) serves the needs of public education in Prince George’s County, covering approximately 1,789 square miles, with a residential population of more than 904,430. It is the second largest public school system in the State of Maryland. The Board operates 240 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 14201 School Lane, Upper Marlboro, Maryland.

The Board currently has approximately 132,000 students, 19,600 employees and an annual operating budget of $2.2 billion.

3.0 SCOPE OF WORK

The BOARD requests bids for Ice Cream Novelties. The specifications are contained in the Invitation for Bid, Part IV: Scope of Work. Responses submitted must meet or exceed all requirements. Bids that do not meet or exceed all requirements will be considered non-responsive. All exceptions must be noted.

4.0 NON-EXCLUSIVE

The intent of this contract is to provide the Board with an expedited means of procuring supplies and/or services at the lowest cost. This contract is for the convenience of the Board and is considered to be a "Non-Exclusive" use contract. The Board does not guarantee any usage. The Board will not be held to purchase any particular Brand, in any groups, prices or discount ranges, but reserves the right to purchase any item/items listed in the price schedule submitted.

CONTRACTORS IN LEGAL PROCEEDINGS WITH PGCPS

PGCPS recognizes the significant costs and imposition on the time of personnel associated with legal proceedings. Accordingly, PGCPS has adopted a process stating that:

“One factor, among others, that are to be considered when awarding a contract or purchase order is the existence of a pending legal dispute – whether in court or an alternative dispute forum – with any contractor or vendor which has submitted a bid or proposal. Before including consideration of the legal dispute as a factor, the Procurement Officer shall seek the advice of the Office of General Counsel regarding the legal dispute and shall obtain the concurrence of the CEO or his designee.”

IFB 015-21 4

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected vendor agrees not to disclose or knowingly use any confidential or proprietary information of the Board and/or third party participant.

Bid submissions are subject to the Maryland Public Information Act (Education Article, Maryland Annotated Code, §10-611, et seq.). In accordance with the Act, certain information is subject to public disclosure. Please be advised that should you deem any portion of your bid as confidential or proprietary, it must be conspicuously indicated on those portions so deemed.

However, and in accordance with the Act, you are hereby notified that every portion may still be subject to disclosure under the Act.

2.0 TERM OF AGREEMENT

The anticipated terms of this contract shall be three (3) years from date of award.

The bidder warrants that prices for the bid under this IFB are not higher than prices currently extended to any other governmental agency for the same product or service.

Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY reserves the right to renew the contract. The term of renewal shall not exceed two (2) additional one (1) year periods.

3.0 PRE-BID MEETING (N/A)

A pre-bid meeting is NOT scheduled.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Supplier orally. Questions shall be submitted in writing via email to pg_angela.queen@pgcps.org and diane.forde@pgcps.org. To be given consideration, the questions must be received NO LATER THAN April 23, 2021, 1:00 p.m., EST. Questions that are deemed to be substantive in nature will be responded to in the form of an addendum and posted on PGCPS website www1.pgcps.org/Purchasing and www.emarylandmarketplace.com.

Please do not submit question in PDF format.

Questions Due April 23, 2021

Addendum Posted April 27, 2021

5.0 POINT OF CONTACT TECHNICAL CONTACT

Angela Queen, Buyer Pia Puertollano Purchasing Office Food & Nutrition Specialist II E-mail: pg_angela.queen@pgcps.org Do Not Contact diane.forde@pgcps.org mailto:Diane.Forde@pgcps.org http://www.emarylandmarketplace.com/ mailto:Diane.forde@pgcps.org

IFB 015-21 5

6.0 CONTRACT MONITOR/BOARD SUPERVISION

The Contractor’s performance will be under the direction of the Buyer/Requesting Department who will be responsible for ensuring contractor’s compliance with the requirements of this contract to include managing the daily activities of the contract, providing guidance to the contract, and coordination. The Contractor shall be accountable to the end users on all matters relating to the scope of work.

7.0 CONTRACT TYPE

The contract resulting from this solicitation will be a fixed-price contract for the initial term of the contract.

8.0 PAYMENT TERMS

The Contractor shall submit an invoice detailing the product or services provided and the actual costs incurred. Payment shall be in accordance with line item price on the purchase order and made within Net 30 days upon receipt of invoice.

The Board reserves the right to reduce or withhold contract payment in the event the Contractor does not provide the Department with all required deliverables within the timeframe specified in the contract or in the event that the Contractor otherwise materially breaches the terms and conditions of the contract.

9.0 INVITATION FOR BID (IFB) REVISIONS

Should it become necessary to revise any part of this IFB, addenda will be posted on PGCPS www.1pgcps.org/purchasing and www.emarylandmarketplace.com. All addenda, amendments or changes issued shall be deemed received by offeror provided they are posted to eMaryland Marketplace or the Board website. Failure of any offeror to receive or acknowledge receipt of such addenda or interpretation shall not relieve any offeror from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the award.

10.0 SUBMISSION DEADLINE

In order to be eligible for consideration, proposals shall be received:

1. Hardcopy sent to the Purchasing Office no later than May 17, 2021 @ 2:00 pm. Vendors mailing proposals shall allow sufficient carrier delivery time to ensure timely receipt of their proposal in the Office of Purchasing & Supply Services prior to the deadline. Any proposal received in the Purchasing Office after the submission deadline, will be returned unopened.

Delivery to the Board’s mailroom, lobby, etc. shall constitute delivery to the Purchasing Office located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

2. eMaryland Marketplace Advantage:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen% 2fbuy%2fhomepage no later than May 17, 2021 @ 2:00 pm.

11.0 BID OPENING

http://www.1pgcps.org/purchasing https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

IFB 015-21 6

NOTE: DUE TO COVID-19 PANDEMIC RESTORATIONS, BID OPENINGS WILL NOT BE

OPEN TO THE PUBLIC. SEE ABOVE SECTION 10.0 SUBMISSION DEADLINE FOR

INSTRUCTIONS ON ELECTRONIC SUBMISSIONS.

The Board shall receive sealed bids until the bid due date indicated on the bid front cover sheet and Section II.10. At the time of the bid opening (as directed on the front cover sheet and in Section II.10), the Buyer or designee shall open all bids received, and record all responses.

Due to the bid openings not being opened, publicly a copy of the bid tabulations will be made available to all interested vendors, upon written request submitted to:

pg_angela.queen@pgcps.org and Diane.Ford@pgcps.org

Please refer to PGCPS website and eMaryland MarketPlace Advantage for updates and details on bid opening.

12.0 DURATION OF BID

A bid submitted in response to this solicitation is binding upon the bidder and is considered irrevocable for a minimum of 120 days following the closing date for receipt of initial bids.

13.0 MINORITY BUSINESS ENTERPRISE PROGRAM

For all projects estimated to cost $100,000 MBE requirements shall apply. MBE goal requirements will be specified in the solicitation requested for each individual project. Should an awarded project be designated as State funded, the successful vendor will be required to submit Administrative Procedures 7419 Minority Business Enterprise forms to be in compliance with the State Regulations.

All bidders must adhere to individual project Minority Business Enterprise (MBE) requirements, without altering the unit bid prices awarded under the prequalification solicitation. MBE goals will be determined on a project-by-project basis, but maybe 15% or 30%.

LOCAL MBE INITIATIVE: In accordance with Prince George’s County School goals promoting minority and locally based purchases, if all other factors are equal, priority shall be given to a locally based firm. "Locally based firm" in this instance refers to a company or firm with a primary business address located within the geographical boundaries of Prince George’s County.

MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS: State Law HB 389 and SB 611, Prime Contractors are prohibited by law from including a certified MBE in a bid or proposal without requesting, receiving, or obtaining the MBE’s authorization. The contractor must also use the MBE’s services to perform the contract. In addition, the contractor may not pay the MBE solely for the use of its name in the bid or proposal.

Prime Contractor may be prosecuted if they fail to comply with the law. The Board is required under the law to report the violation.

14.0 E- COMMERCE

eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2f homepage is the primary site for the Board to transmit solicitations over $25,000. This website mailto:pg_angela.queen@pgcps.org

IFB 015-21 7

also serves to publish any addenda, associated materials, bidder/offeror questions and The Board’ responses and other solicitation related information.

Notices of solicitations are also posted on our website https://www.pgcps.org/purchasing/bids.aspx in accordance with State Finance and Procurement Article 13-103 Competitive Sealed Bids, Article 13-104 Competitive Sealed Proposals, and Article 13-107 Sole Source Procurements.

The eMaryland Marketplace law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce website eMaryland Marketplace Advantage (eMMA).

Bidders wishing to do business with the BOARD are asked to register with the Purchasing Department. The successful bidder must be an active vendor in Oracle to receive Purchase Orders and Payment. Instructions on how to register are detailed on the Purchasing website @ http://www.pgcps.org/isupplier/.

Prince George’s County Public Schools does not discriminate in educational programs, activities or employment on the basis of race, color, national origin, sex, age, religion or disability. Respondents will be required to comply with all applicable requirements pertaining to fair labor, state and local government.

15.0 INSURANCE

Failure to provide the required insurance coverage by either of the two (2) methods described in Appendix E when the bid is submitted may result in rejection of your bid as being non-responsive.

16.0 LIQUIDATED DAMAGES

The successful respondent accepts this contract with the understanding that should they fail to complete the work/delivery in an acceptable manner and in the time stated, shall be subject to the payment of liquidated damages as stated in the bid document.

17.0 FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

Employees Having Direct Contact with Students:

A. Any and all current and future employees of Consultant who have direct contact with students must have a fingerprinting criminal background check conducted by the Maryland Criminal Justice Information System (CJIS) and the FBI, a Child Protective Services clearance conducted by the Prince George’s County Department of Social Services, and complete the SafeSchools training module – Prince George’s County Child Abuse:

Mandatory Reporting and any other required training as appropriate.

B. All background checks must be completed 15 business days prior to beginning work in and around PGCPS property or engaging in any authorized activities involved PGCPS students. The background checks must be completed by the Fingerprinting Office in the Sasscer Administrative Building or by the PGCPS satellite fingerprinting offices located in Prince George’s County. No person may begin working in PGCPS until 15 days after https://www.pgcps.org/purchasing/bids.aspx http://www.pgcps.org/isupplier/

IFB 015-21 8

completing the background clearance process (fingerprint and CPS) and required online training through SafeSchools.

C. Prior to initiating any work at a school building, current and future employees of Consultant must sign in and sign out via the Raptor Visitor Management System, which requires a copy of their government issued identification.

D. Pursuant to Md. Education Code Ann. §6-113.2 (Code), a contractor of a Board of Education who provides a services to a school or the students of a school shall meet the requirements set forth for screening its employees assigned to work at a school site to determine whether such employees have a history of child sexual abuse and/or sexual misconduct. Consultant shall be solely responsible for completing the screening set forth in the Code, shall maintain records of employee screenings, and shall make such records available to PGCPS upon request.

17.1 RESTRICTIONS ON EMPLOYEE ASSIGNMENTS

Vendors are prohibited from assigning the following persons from working at a PGCPS location:

A. Registered sex offenders (Maryland Code, Criminal Procedure Article Section 11-722)

B. Individuals convicted of a crime involving third or fourth degree sexual offence under sections 3-307 or 3-308 of the Criminal Law Article; child sexual abuse under Section 3- 602 of the Criminal Law Article; a crime of violence as defined in Section 14-101 of the Criminal law Article; or comparable offenses in another state. (Annotated Code of Maryland, Education Article Section 6-113)

C. Individuals identified as an alleged abuse or neglector following completion of a Child

Protective Services investigation with a finding of “indicated” child abuse or neglect.

18.0 VENDOR RESPONSIBILITIES

A. The Vendor agrees to provide the designated PGCPS representative with a list of all current employees and an immediate update of changes in personnel, employees, contractors, subcontractors, agents, volunteers, outsourced temporary staff and any instructors. All correspondence should include the following information as applicable:

1. title of the project

2. school/office

3. solicitation number

4. contract number; and

5. PGCPS representative/project manager

19.0 BONDING (N/A)

Respondents may be required to submit a bid bond in the amount of five percent (5%) as determined by the BOARD and specified in the IFB, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that may exceed $100K.

(COMAR21.06.07.10)

IFB 015-21 9

The Bond must be made in favor of the BOARD OF EDUCATION OF PRINCE GEORGE’S

COUNTY, UPPER MARLBORO, MARYLAND 20772-9983.

PERFORMANCE AND LABOR BOND

The successful respondent may be required to submit a performance and/or labor bond, Cashier’s or Certified Check in the amount of one hundred percent (100%) as determined by the BOARD and specified in the IFB, of all phases of the contract to ensure the satisfactory completion of the work for which a contract or purchase order is awarded that exceeds 100K.

(COMAR 21.06.07.10) The Board reserves the right to request performance and labor bond.

The Bond, Cashier’s or Certified Check must be made in favor of the BOARD OF

EDUCATION OF PRINCE GEORGE’S COUNTY, UPPER MARLBORO, MARYLAND 20772-

9983.

Checks in the amounts stated above will be accepted in lieu of the performance bond and payment bond only upon prior approval of the Purchasing Director. If checks are approved for acceptance in lieu of either bond, they should be in the same amount as these bonds, they should be separate checks, and they should clearly designate the purpose (i.e.; performance or labor). Checks, if submitted, will be deposited in the Board non-interest bearing bank account(s). Upon successful completion of the contract, check(s) will be drawn upon the Board's bank account(s) for the full amounts of both checks. This requirement may be modified in General Conditions attached to a bid. Bonds must be approved by surety companies that are in the most current Circular 570, Surety Companies Acceptable on Federal Bonds as issued by the U.S. Treasury, Bureau of Government Finance Operations, Division of Banking and Cash Management, Washington, D.C. 20011. If a bonding company is used that is not on the most current Circular 570, the vendor will be contacted to obtain a bond from an approved surety company, and resubmit it to the Purchasing Director within ten (10) working days after the approval of the bid by the Board. Upon receipt and approval of the performance bond and/or payment bond or the checks, an official purchase order will be issued and a contract initiated where appropriate.

20.0 TERMS AND CONDITIONS

Any contract entered in connection with this solicitation shall be subject to these General Terms and Conditions except as otherwise modified herein.

It shall be the Contractor’s sole responsibility to insure they are compliant with all applicable federal, state, and county laws, rules, ordinances, statutes, etc., that may impact this contract. The Board shall bear no responsibility for monitoring the Contractor’s compliance with said legal requirements. If the Contractor fails to maintain legal compliance, The Board may find said Contractor in default.

In the event of conflict between the General Terms and Conditions and any part or portion of the Special Conditions (Appendix A), these General Conditions shall take precedence.

In the event of conflict between this solicitation any of the General Terms and Conditions proposed by any bidder, or incorporated in any acknowledgement of contract awarded to the successful bidder, then, and in such event, the terms and conditions stated herein shall take precedence unless modified in writing by the Director of Purchasing & Supply Services, Prince George’s County Public Schools.

IFB 015-21 10

21.0 BASIS OF AWARD

Contract(s) shall be awarded to the qualified, lowest responsible and responsive bidder(s) offering the lowest bid price on the total lump sum.

Pricing shall remain firm for the initial term of the agreement.

22.0 OPTION TO RENEW CONTRACT PERIOD

A. Upon satisfactory service and by mutual agreement the BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY reserves the right to renew the contract. The term of renewal shall not exceed two (2) additional one (1) year periods.

B. The Board expects all vendors to provide year over year cost reductions recommendations.

C. Price decreases are acceptable at any time, need not be verifiable, and are required should the contractor/producer/processor/manufacturer experience a decrease in costs associated with the execution of the contract.

D. Price adjustments from the contractor/producer/processor/manufacturer for any/all items may be considered at renewal. The request is subject to approval by the Contracting Officer. The request must be submitted in writing at least sixty (90) days prior to the renewal term and shall be accompanied by supporting documentation.

E. Should the awarded vendor, at any time during the life of the contract, sell materials of similar quality to another customer, or advertise special discounts or sales, at a price below those quoted within the contract, the lowest discounted prices shall be offered to Prince George’s County Public Schools.

23.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Bidder shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the bidder is in Good Standing with the Department of Assessment and Taxation of Maryland and/or registered to do business in the State of Maryland.

Certificates of Status may be obtained on line at http://www.dat.state.md.us.

This requirement applies to both Domestic and Foreign (out of state) Bidders. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation.

25.0 PERSONALLY IDENTIFIABLE INFORMATION (PII)

Personally Identifiable Information includes any information that can be associated with or traced to any individual, including an individual’s name, address, telephone number, e-mail address, credit card information, social security number, or other similar specific factual information, regardless of the media on which such information is stored (e.g., on paper or electronically) and includes such information that is generated, collected, stored or obtained as part of this Agreement, including transactional and other data pertaining to users. The parties will comply with all applicable privacy and other laws and regulations relating to protection, IFB 015-21 11 collection, use, and distribution of Personally Identifiable Information. In no event may PII be sold or transferred to third parties, or otherwise provide third parties with access thereto. If there is a suspected or actual breach of security involving Personally Identifiable Information, the parties will notify each other within twenty-four (24) hours of a management-level employee becoming aware of such occurrence.

IFB 015-21 12

PART III: BID SUBMISSION REQUIREMENTS

1.0 GENERAL FORMAT

Submission of the bid response is via electronic portal, eMaryland MarketPlace Advantage as well as one (1) original hardcopy and one (1) copy submittal is required. Only proposals that are submitted via eMMA will be utilized during the evaluation process. Proposals that are not submitted via this portal will be ruled non-responsive.

It is the Respondent’s responsibility to submit their proposals on time via the electronic portal. It is also the Respondent’s responsibility to ensure the proposal has been uploaded properly on eMMA.

Therefore, it is recommended that Respondents become familiar with this portal as well as the submission process prior to the due date and time of this solicitation. Any questions regarding how to submit proposals via the electronic portal shall be directed to eMMA.

PGCPS reserves the right to request proof of submission of the bid response submitted via the electronic portal.

1. Hardcopy sent to the Purchasing Office no later than May 17, 2021 @ 2:00 pm. Vendors mailing proposals shall allow sufficient carrier delivery time to ensure timely receipt of their proposal in the Office of Purchasing & Supply Services prior to the deadline. Any proposal received in the Purchasing Office after the submission deadline, will be returned unopened.

Delivery to the Board’s mailroom, lobby, etc. shall constitute delivery to the Purchasing Office located at 13300 Old Marlboro Pike, Room 20, Upper Marlboro, MD 20772-9983.

Bid submission shall be labeled on the outside of each submitted package with the following:

Bidder’s name and business address;

Bid Due Date/Time for receipt of Bids, and

Invitation for Bid (IFB) number and Title

2. eMaryland Marketplace Advantage:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen% 2fbuy%2fhomepage no later than May 17, 2021 @ 2:00 pm.

NOTE: Vendors/Bidders/Proposers will be required to submit hard copies with original signatures when required/requested by the PGCPS Purchasing Department.

Each bid must include a Transmittal Letter and Table of Contents. All pages must be numbered consecutively from beginning to end and separated by tabs as described below:

1. TRANSMITTAL LETTER (TAB A): Bids are to be accompanied by a brief transmittal letter prepared on the bidder’s letterhead, and signed by an individual who is authorized to commit the Offeror to the services and requirements in the IFB. This transmittal letter shall include:

a. The name, title, address, telephone number, and electronic mail address of the person authorized to bind the bidder to the contract, who will receive all official notices concerning this IFB.

b. The bidder’s Federal Tax Identification Number or Social Security Number.

IFB 015-21 13

c. Acknowledgement of all Addenda to this IFB. (Appendix G)

2. FISCAL INTEGRITY (TAB B): Bidder shall submit a State of Maryland

Certificate of Good Standing or other filing verifying the bidder is in Good Standing with the Department of Assessments and Taxation of Maryland.

Certificates of Status may be obtained on line at http://www.dat.state.md.us.

This requirement applies to both Domestic and Foreign Bidders (out of state).

Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, to determine and apply for the appropriate documentation.

3. FORMS (TAB C): (include the following)

a. Certificate of Status (State of Maryland Certificate of Good Standing with the Department of Assessments and Taxation)

b. Completed Non-Collusion Certificate (Notarized) (Appendix B)

c. Completed Debarment Affidavit (Notarized) (Appendix C)

d. Completed Anti-Bribery Affidavit (Notarized) (Appendix D)

e. Completed Certificate of Insurance (Appendix E)

f. Completed Pricing Confirmation (Appendix F) (If Applicable)

g. Completed Addenda Acknowledgement form (Appendix G)

h. Completed MBE Documents (Appendix H) (If Applicable)

i. References (Appendix I)

4. ADDITIONAL DOCUMENTS (TAB D):

a. HACCP Compliance: Respondent must provide documentation of their HACCP procedures and Food Safety Plan including employee training/monitoring procedures.

b. Pandemic Preparedness and Recovery: All bid submissions must include a business strategic preparedness plan for business continuity and recovery should a pandemic event strike the manufacturer.

c. Product Specification Sheets: Descriptive information for each specification sheet must include the information detailed in Part IV, 4.0

d. Bid Cost Proposal Form: Respondents shall enter all information requested on the Excel electronic spreadsheet provided with this solicitation.

Bidders shall submit all pricing in typewritten format on the Excel Bid Form

Failure to provide any of the requested information or documents in this solicitation may render the bid non-responsive.

http://www.dat.state.md.us/

IFB 015-21 14

PART IV SCOPE OF WORK

1.0 INTRODUCTION

Prince George’s County Public Schools (PGCPS) Department of Food and Nutrition Services (FNS) is soliciting bids from qualified vendors. The specifications contained herein are intended to cover the furnishings and delivery of Ice Cream Novelties. The awarded distributor(s) will deliver end-products directly to PGCPS school sites (See Attachment A).

2.0 AWARD CRITERIA

Conformance to Specifications

Ability to Perform/Past Performance

Vendor Responsibility and Experience

Product Evaluation: Nutrition profile, ingredient list, taste/appearance evaluation, packaging, applicability for intended uses, and suitability in overall product mix desired

Price

3.0 RECALL PROCEDURES

The successful bidder must provide PGCPS FNS Recall Procedures that include handling general food recalls and handling recalls of USDA Foods, if applicable. Two (2) contact persons must be provided within the procedures, both with 24-hour, 7 day a week (24/7) contact. In addition, the successful bidder may be responsible for picking up product and providing replacement, payment, or credit at PGCPS FNS’ discretion. Replacement, payment, or credit for recalled items shall be made within 30 days of the date of notification to PGCPS FNS. The successful bidder must adhere to all USDA directions for USDA Foods recall.

4.0 PRODUCT SPECIFICATION SHEETS

Respondents are required to submit electronic copies of product specification sheets for each item that will be bid to fns.office@pgcps.org. If a bidder has more than four (4) products, then the electronic copies must be sent on a flash drive. Descriptive information for each specification sheet must include the following information:

1. Item Description

2. Brand Name/Manufacturer

3. Product Code

4. Pack Size

5. Case Dimensions

6. Nutrition Information

7. Ingredient List

8. Shelf-Life

Respondents should indicate the Group and Item Number on each product specification sheet by making it the title of the document in the file. For example, Item A-1 Applesauce. Failure to submit the proper documentation may be cause for rejection of the bid. Review of product documentation may take up to two (2) weeks.

4.0 SMART SNACK CALCULATOR ASSESSMENT

mailto:fns.office@pgcps.org

IFB 015-21 15

A Smart Snack Calculator Assessment must be included for each bid line item with the exception of Line Item #12 to ensure compliance to USDA Smart Snacks nutrition standards. To access the Smart Snacks Calculator go to: https://foodplanner.healthiergeneration.org/calculator/

5.0 SAMPLES

Upon review of the product specifications, PGCPS FNS will request samples from the prospective bidders. A representative from the FNS will determine the quantity of samples required. Prospective bidders will be given a three (3) day lead time for samples. The sample case(s) must be exactly as it would be provided if awarded the contract. Samples must be sent to a location on a specific date and time requested by a representative of the FNS.

Respondent must identify the Name of Bidder and Bid Item Number on each sample product.

The BOARD OF EDUCATION will not pay for, nor return any samples furnished in response to this bid. Failure to submit samples in a timely manner may be cause for the Respondent’s bid to be non-responsive.

6.0 GENERAL PRODUCT REQUIREMENTS

Nutrition Policy: PGCPS FNS requires that all food items have only the minimum amount of sodium, fat, sugar, and/or other additives that are absolutely necessary for food preservation and safety, while still providing a product with good flavor, texture, and palatability. The finished product must be a product with good flavor and texture that is palatable to students.

Trans Fat: State law prohibits any food items containing artificial Trans-fat unless the manufacturer's documentation or the nutrition facts label lists the Trans-fat content as less than 0.5 grams per serving.

A food item contains artificial Trans-fat if it contains partially hydrogenated vegetable oil.

Labeling: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. All ingredients shall be listed by their common or usual name in descending order of predominance by weight. Labels must also include a list of any “Top 8” allergens present in the product. These include milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Packages shall clearly be labeled with product name, open code dating, and weight. Cases of product must indicate pack code or expiration date. If code is encrypted, the Vendor shall provide PGCPS FNS with the key from the manufacturer to decode information.

Ingredients: All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. PGCPS FNS discourages the use of the following ingredients: monosodium glutamate (MSG), high fructose corn syrup (HFCS), Trans fatty acids/partially hydrogenated oil, Aspartame or Acesulfame-Potassium, red dye #40, and yellow dye # 5. PGCPS FNS reserves the right to award or not award items that contain any of the preceding ingredients. The PGCPS FNS may request information regarding the presence or absence of gluten, or any other ingredient, at any time.

Nutrition Information: In order to accommodate the computerized menu system used by the FNS, the successful bidder shall be required to provide a complete nutrient analysis of products, as requested PGCPS FNS. The following information will be required from the manufacturer: weight (gm), calories (kcal), carbohydrate (gm), fiber (gm), sugar (gm), protein (gm), total fat (gm), saturated fat (gm), trans fats (gm), cholesterol (mg), and sodium (mg).

https://foodplanner.healthiergeneration.org/calculator/

IFB 015-21 16

Whole Grain and Whole Grain Rich: Products qualify as whole grain or whole grain rich, if 51% or more of the product is made with whole grains, or the first ingredient is as whole grain.

Healthy Hunger Free Kids Act of 2010: Vendors awarded contracts must be familiar with the final rules and regulations set forth for the National School Lunch and Breakfast Programs. Guidance for these requirements can be found at:

http://www.fns.usda.gov/cnd/governance/legislation/nutritionstandards.htm

Smart Snacks: All products submitted for consideration must meet the minimum requirements as established in the Interim Final Rule of the Healthy, Hunger Free Kids Act, 7CFR Parts 210 and 220 (Also referred to as “Smart Snacks in Schools”) and the Maryland Nutrition Standards for All Foods Sold in School (See Attachment D). Guidance for USDA Smart Snacks can be found at:

https://www.fns.usda.gov/school-meals/tools-schools-focusing-smart-snacks

7.0 SANITATION/SAFETY

The successful vendor will warrant that all food shall be fresh, clean, wholesome upon delivery, and prepared in properly equipped facilities under modern sanitary conditions in accordance with the best commercial practice. All items shall be free from decay, discoloration, foreign matter, and shall pass through metal detection before packaging. Containers shall be clean, sound, compact, sturdy, and sealed. If the food has already been delivered the successful proposer will be required to pick up the unacceptable food and issue a credit or provide a replacement within 10 days. All products shall bear visible freshness code dates and shall meet industry standards for remaining shelf life upon delivery to the schools.

8.0 MANUFACTURER’S DATE CODE

Vendor shall notify PGCPS FNS if the manufacturer’s code is one of the following: Sell-by or Pull-by date; Use-by date; Expiration date; Best-by date, or Pack date (state how long product is good for from pack date). The vendor must provide PGCPS FNS with an explanation of the manufacturer’s expiration code date. All product delivered shall have a minimum sixty-day shelf life at the time of delivery, with the exception of Fresh Bakery and Fresh Produce. Products that do not meet these criteria need approval from the Director of FNS or designee. Any deliveries that do not meet these criteria may be refused.

9.0 USE OF RECYCLED OR SUSTAINABLE PRODUCTS

When possible, recycled materials should be used in the manufacture of the products requested.

When the use of recycled materials is not feasible or cost effective, consideration will be given to companies who can demonstrate their products are “sustainable”. Bidders should indicate in their response whether the item has been manufactured with recycled materials or are sustainable.

10.0 PACKAGING

All containers [and all products within containers] must be packed in adequate material to protect the product(s) against damage during transportation, storage, and holding. Damaged containers, cartons and/or containers not adequately closed/secured will not be received, and returned for credit.

In addition, no polystyrene shall be used for sale or packaging according to Council Bill 5-2015 legislation which prohibits the sale and use of certain polystyrene products, commonly known as Styrofoam, in Prince George’s County.

https://www.fns.usda.gov/school-meals/tools-schools-focusing-smart-snacks

IFB 015-21 17

11.0 NOTIFICATION OF PRODUCT REFORMULATION

If at any time during the contract period an awarded item is reformulated, packaged differently, or changed in some other way, vendor must provide PGCPS FNS updated ingredients list, Nutrition Facts panels, CN labels (if applicable), and Product Formulation Statements (if applicable).

Additionally, any time one of these documents is revised, the vendor must send revised copies to

PGCPS FNS.

12.0 FREEZERS

Awarded bidder must be able to provide and maintain necessary equipment, including delivery and installation, to schools at no additional cost. Electrical outlets shall be provided for any equipment by the designated school.

13.0 ORDERING

The contractor must have an online ordering system. Multiple order guides must be available and have the ability to restrict access by school type. The online screen procedures, including online screen names & passwords, are to be approved by the Director of FNS or designee prior to commencement of online ordering. A 99% rate of online order availability will be maintained for all items contained in this contract.

Vendors with an online ordering system that allows Vendor Order Exports is preferred.

Schools may not place or make changes to their orders by calling the vendor directly. All changes must be made online by 12:00 P.M., 3 business days before the delivery date. Deviation from this method needs approval from the Director of FNS or designee.

14.0 MINIMUM ORDERS

PGCPS reserves the right to reject proposals/bids with minimum order quantities if the quantity cannot be stored or the level of usage/movement of the product is low and/or not in accords with normal use.

15.0 DELIVERIES

Vendors shall only deliver products that have been awarded and approved by the Director of FNS or designee. Items that have not been approved shall not be supplied to schools without prior written approval by the Director of FNS or designee. Failure to comply may be cause for termination of the contract.

All schools will have a set delivery day. Delivery hours shall be Monday through Friday with the exception of holidays in accordance with the following schedule:

Secondary School Deliveries will be between 7:00 a.m. and 2:00 p.m.

Elementary School Deliveries will be between 7:00 a.m. and 1:00 p.m.

Vendors will be required to affect delivery of contracted items to all schools and offices on a weekly basis. No exceptions may be accepted for this requirement.

All deliveries must be inside the building in a place designated by the manager. Product must be delivered on vendor-supplied dollies.

IFB 015-21 18

All trays or crates that carry product(s) into the schools shall be clean, sanitary, and without debris.

After use, empty trays or crates shall be picked up daily by the successful vendor(s).

It shall be the vendor’s responsibility to ascertain that the delivery destination will be open to accept deliveries.( See Attachment A: List of Schools)

16.0 SCHOOL CLOSINGS/EMERGENCIES

The successful vendor(s) shall be responsible for keeping informed of holidays and emergency school closings. Non-scheduled closings shall be posted on the PGCPS website:

http://www.pgcps.org/. In the case of school closings due to inclement weather or other emergency closings, orders placed for the day of the closing are automatically cancelled. Orders shall be resumed the next day of school. The Department of Food and Nutrition Services will notify the vendor(s) of any order adjustments due to school closings.

17.0 DELIVERY DELAYS/BACK ORDERS/SHORTAGES

Shortages on orders placed are the responsibility of the awarded contractor(s) and shall be delivered to schools in sufficient time to meet menu requirements. If a delivery will be held up for a period greater than two (2) weeks due to back ordered items, the awarded contractor(s) must notify the Department of Food and Nutrition Services of the expected delivery date.

18.0 NOTIFICATION OF LATE OR NO DELIVERY

The successful vendor shall promptly notify the Director of FNS or designee a minimum of 24 hours in advance if an item cannot be delivered within the specified delivery time. The PGCPS reserves the right to purchase food at a fair market value from another source. The vendor shall pay PGCPS the price difference between the original bid price and the price of the substituted food item(s). Late deliveries and product shortages can result in the vendor being recommended for default, as defined in the contract.

19.0 CONDITION OF PRODUCT AT TIME OF DELIVERY

Vendors shall assure that refrigerated trucks are used to protect perishable products during transport and that these trucks comply with all ServSafe/Hazard Analysis Critical Control Point (HACCP) regulations. Upon delivery, all products shall be in compliance with applicable specifications and will be examined by FNS managers or staff for cleanliness and soundness. The successful vendor must credit FNS the full value of any product that is discovered to have an expired date code, is defective, or is considered to have been tampered with in any way prior to its arrival at the PGCPS’ school sites.

This includes any hidden damage discovered after acceptance and delivery at the PGCPS’ school sites.

20.0 DELIVERY TEMPERATURES

All frozen foods shall be delivered in a hard frozen state at 0 degrees Fahrenheit or below. Partially thawed products with evidence of thawing and re-freezing will be rejected at the time of delivery. All refrigerated products shall be delivered at a product temperature of 35 to 40 degrees Fahrenheit, and shall have been maintained at this temperature at all times during storage and shipment. All dry products shall be at 50–70 degrees Fahrenheit.

21.0 LIQUIDATED DAMAGES – REIMBURSEMENT FOR LOSS

http://www.pgcps.org/

IFB 015-21 19

PGCPS FNS is reimbursed for each meal sold, providing the meal meets certain requirements.

Therefore, if any supplier fails to deliver on time or delivers for use, any items which do not meet the Bid Specifications, and subsequently PGCPS FNS is determined to be ineligible for reimbursement by any authority having jurisdiction, then the vendor shall be responsible to reimburse PGCPS FNS for the amount of the loss incurred.

22.0 PRICING

Cash discounts will not be taken into consideration in the determination of a contract award. All discounts, other than prompt payment, is to be included with the bid price.

23.0 PROVISION FOR PRICE ADJUSTMENT

Unit prices quoted herein are subject to price adjustment downward in accordance to decrease in prices announced by the manufacturer of the subject item anytime prior to award. Recommendations for awards, however, shall be made based on the original bid submission only.

Subsequent to award, the unit prices quoted herein are subject to price adjustment upward or downward in accordance with increase or decreases announced by the manufacturer after the contract award. The successful bidder must notify the director(s) of the Division of Food and Nutrition Services and/or the Division of Procurement of any announced manufacturer’s price reductions and give immediate benefits to PGCPS in a proportionate amount.

Price increases will not be considered for the first 180 days of the contract. Thereafter the successful vendor must submit a written request for price relief. The request for a price increase shall include documentation from the manufacturer to verify the basis for such request. PGCPS reserves the right to accept or reject the request as may be determined to be in the best interest of PGCPS. Any orders received prior to a request for the price increase shall be honored at the original contract price.

24.0 NEW ITEMS AND OMISSIONS

If a new item is warranted after the award of the Contract, through development of new menus or through the inadvertent omission of any item normally included in a Bid of this type, the Purchasing Division shall have the right to negotiate with the vendor for a price consistent with the market price of this item. FNS managers are to buy only items approved by the Director of FNS or designee. FNS shall not be liable for the purchase of unapproved items. Failure to abide by this clause may be cause for termination of Contract.

FNS may find it necessary to add items not already specified in this Bid list or increase quantities of items already specified. The vendor shall be expected to handle all deliveries necessary and stock all items necessary to the program. All items shall be those normally handled by prospective Bidders on this type of proposal.

25.0 FOOD/PRODUCT CANCELLATION

Products on contract may be canceled during the contract period due to modifications in the nutrient composition of food or beverages mandated by the Maryland State Department of Education, other State, Federal, or Prince’s George County Board of Education regulations.

26.0 PRODUCT COMPLAINTS

IFB 015-21 20

FNS managers shall complete a Product Evaluation Report (Attachment C) any time they receive defective, deficient, or otherwise irregular shipments. This form shall be used to measure the performance of the awarded vendor. Failure to comply with the specifications contained herein considered evidence of poor performance. If a pattern of practice of poor performance continues, it may be cause for termination of the contract.

PGCPS FNS reserves the right to return any damaged or spoiled items and receive full credit for same. A signed delivery ticket shall not imply that items received were in good condition, only that the items were received.

27.0 USAGE REPORTS

Vendor must provide accurate Usage Reports to PGCPS FNS that contains the total usage of all items under contract. These reports shall include total monthly and year-to-date quantities and dollar amounts per item. The report shall include the following: product description, unit pack, brand name, total quantities purchased (i.e., case or broken case unit), cost per item, and total extended cost for each item. Usage reports shall be submitted within 15 calendar days after the end of each month or as otherwise requested.

28.0 REFERENCES

Vendors must provide a minimum of three (3) customer references (preferably local school districts) that are current within the last three years. These references must have received services that were similar in the scope and nature of the services being requested in this solicitation. PGCPS FNS may contact any or all references during the evaluation process. Vendors must complete the Vendor Profile/Reference form contained herein.

29.0 MILITARY ACCESS

PGCPS services schools on Andrews Air Force Base. Drivers are required to pass security clearance in order to access the base.

30.0 PROMOTIONS AND REBATES

It shall be the responsibility of the award bidder(s) to inform FNS of products qualifying for the promotional rebates (money or otherwise) during the…