IFB D27 014 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

JULY 29, 2026

INVITATION FOR BIDS

Number IFB D27-014

SEALED BIDS

TO

FURNISH AND DELIVER FRESH POI TO VARIOUS

HAWAII STATE DEPARTMENT OF EDUCATION

SCHOOL CAFETERIAS FOR THE ISLANDS OF

HAWAII, MAUI AND MOLOKAI

will be received through the State of Hawaii eProcurement System (HIePRO) at https://hiepro.ehawaii.gov/welcome.html until 4:30 p.m., Hawaii Standard Time (HST) on

SEPTEMBER 15, 2026

Offerors interested in responding to this electronic solicitation must be registered on the HIePRO (https://hiepro.ehawaii.gov/welcome.html) in order to participate in this procurement. Registration is free.

Once registered, Offerors can login to view and respond to the HIePRO solicitation.

Wednesday, August 5, 2026, at or before 3:00 p.m. (HST): Interested parties must email a copy of the documentation identified in Special Conditions, 25. Pre-Approved Acceptable Products, Step 1 – Documentation (Data Submission Form), page SC-9, to the Hawaii State Department of Education, Procurement and Contracts Branch, via email to doe-procurement@k12.hi.us.

Wednesday, August 26, 2026, between 9:00 a.m. and 12:00 p.m. (HST): Interested parties must deliver, as identified in Special Conditions, 25. Pre-Approved Acceptable Products, Step 2 – Sample Submission, Testing and Evaluation, pages SC-9 to SC-10, one (1) PRODUCTION case of sample product approved for testing and consideration to the Kalani High School Cafeteria at 4680 Kalanianaole Highway, Honolulu, Hawaii 96821.

Questions relating to this solicitation may be directed to Albert Perry, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at albert.k.perry@k12.hi.us.

https://hiepro.ehawaii.gov/welcome.html https://hiepro.ehawaii.gov/welcome.html mailto:doe-procurement@k12.hi.us mailto:albert.k.perry@k12.hi.us

FURNISH AND DELIVER FRESH POI TO VARIOUS

HAWAII STATE DEPARTMENT OF EDUCATION

SCHOOL CAFETERIAS FOR THE ISLANDS OF

HAWAII, MAUI AND MOLOKAI

IFB D27-014

OFFER PAGE OF-1

Exact Legal Name of Offeror, including “dba” or “division” of a corporation (furnish the exact legal name of the entity under which an awarded contract, if any, will be executed):

Address:

Principal Place of Business (may not be a P.O. Box):

Mailing Address (only if different):

Payment Address (only if different)

Offeror’s Primary Contact Person:

Name Title

Telephone Number Fax Number

Email Address

Federal Tax Identification Number:

State of Hawaii General Excise Tax License Number:

Type of Business Entity (check one):

Sole Proprietor Partnership Corporation Joint Venture Limited Liability Company Other

Names of all Offeror’s parent, affiliate and subsidiary organizations:

Offeror is either:

A Hawaii business incorporated or organized under the laws of the State of Hawaii; OR

A Compliant Non-Hawaii business incorporated or organized under the laws of the State of on (date) _____________, and, if applicable, registered with the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division to do business in the State of Hawaii.

The undersigned has carefully read and understands the terms and conditions specified herein and hereby submits the following offer to provide the goods and/or perform the work specified herein, all in accordance with the true intent and meaning thereof, and further that the Offeror shall comply with all terms, conditions and requirements of the solicitation. The undersigned further understands and agrees that by submitting this offer, 1) the undersigned is declaring the undersigned’s offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) the undersigned is certifying that the price(s) submitted was (were) independently arrived at without collusion.

Authorized (Original in ink) Signature Name (printed)

Title Date

IFB D27-014 OF-1

The following offer is hereby submitted:

GROUP 5 GEOGRAPHIC AREA: ISLAND OF HAWAII - EAST

Description Unit 12-Month Estimated Quantity

Specify Manufacturer Name and Product Number Unit Bid Price Total Bid Price Units Per Case

Poi four (4) ounce individual containers *Domestic Hawaii

Serving 91,008 Check Quantites Entered

a. Domestic Hawaii* $0.00

b. Non-Domestic Hawaii $0.00

Total of the Estimated Quantity for (a. + b.) MUST equal the 12-Month Estimated Quantity. TOTAL SUM BID PRICE: (a+b)

$0.00

* A domestic Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least 51 percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16). SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3).

Offeror:

IFB D27-014 Island of Hawaii - East Offer Page OF-2 Group 5

GROUP 7 GEOGRAPHIC AREA: ISLAND OF HAWAII - WEST

Description Unit 12-Month Estimated Quantity

Specify Manufacturer Name and Product Number Unit Bid Price Total Bid Price Units Per Case

Poi four (4) ounce individual containers *Domestic Hawaii

Serving 65,904 Check Quantites Entered

a. Domestic Hawaii* $0.00

b. Non-Domestic Hawaii $0.00

Total of the Estimated Quantity for (a. + b.) MUST equal the 12-Month Estimated Quantity. TOTAL SUM BID PRICE: (a+b)

$0.00

* A domestic Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least 51 percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16). SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3).

Offeror:

IFB D27-014 Island of Hawaii - West Offer Page OF-3 Group 7

GROUP 9 GEOGRAPHIC AREA: ISLAND OF MAUI

Description Unit 12-Month Estimated Quantity

Specify Manufacturer Name and Product Number Unit Bid Price Total Bid Price Units Per Case

Poi four (4) ounce individual containers *Domestic Hawaii

Serving 98,736 Check Quantites Entered

a. Domestic Hawaii* $0.00

b. Non-Domestic Hawaii $0.00

Total of the Estimated Quantity for (a. + b.) MUST equal the 12-Month Estimated Quantity. TOTAL SUM BID PRICE: (a+b)

$0.00

* A domestic Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least 51 percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16). SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3).

Offeror:

IFB D27-014 Island of Maui Offer Page OF-4 Group 9

GROUP 11 GEOGRAPHIC AREA: ISLAND OF MOLOKAI

Description Unit 12-Month Estimated Quantity

Specify Manufacturer Name and Product Number Unit Bid Price Total Bid Price Units Per Case

Poi four (4) ounce individual containers *Domestic Hawaii

Serving 7,344 Check Quantites Entered

a. Domestic Hawaii* $0.00

b. Non-Domestic Hawaii $0.00

Total of the Estimated Quantity for (a. + b.) MUST equal the 12-Month Estimated Quantity. TOTAL SUM BID PRICE: (a+b)

$0.00

* A domestic Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least 51 percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16). SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3).

Offeror:

IFB D27-014 Island of Molokai Offer Page OF-5 Group 11

SPECIFICATIONS

1. INTRODUCTION

The Hawaii State Department of Education (STATE) is looking to procure poi milled from the root of locally grown taro for its school meals as part of the Hawaii Farm to School Program, established through Act 175 (Session Laws of Hawaii 2021). The taro root is a significant source of complex carbohydrates, fiber, vitamins and minerals. By serving poi to all students as part of the regular school breakfast and lunch menus, this initiative will connect Hawaii’s students to the places, practices, environments, and history where taro is farmed, while also supporting State of Hawaii local farmers and advancing state food security and sustainability. This initiative intends to grow the demand for a staple crop that thrives in this island food system.

The STATE seeks vendor(s) to provide and deliver fresh poi, made from taro, under the specification of four

(4) ounces of poi in cups with safety seals, to various Hawaii State Department of Education School Cafeterias under the jurisdiction of the School Food Services Branch (SFSB), for the islands of Hawaii, Maui and Molokai.

It is expected that the CONTRACTOR shall utilize a delivery system that they are able to monitor and control all critical processes which includes, but is not limited to, order management, cold holding temperatures, damaged and/or discrepancy of goods, and the holding and/or recall of foods. The Contract Administrator (CA) reserves the right to review all subcontractors’ equipment, records and storage facilities, and to interview staff, with a five (5) calendar day written notification.

The specifications shall apply to all products unless otherwise specified.

The school cafeterias that will be participating in this Contract are listed in Exhibit C.

2. GENERAL SPECIFICATIONS

2.1 SERVICES

General Requirements

The CONTRACTOR shall provide and deliver fresh poi to STATE cafeterias statewide.

2.1.1 Unless otherwise specified herein, the CONTRACTOR shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

2.1.2 The CONTRACTOR shall provide services to the sole satisfaction of and in accordance with the instructions provided by School Food Service Branch (SFSB).

2.1.3 The CONTRACTOR shall accommodate placing of orders via multiple sources (for example:

website, email orders, fax and/or phone orders).

2.1.4 The CONTRACTOR shall coordinate and manage the delivery dates with the STATE’s Point-of- Contact (POC) or the School Food Service Manager (SFSM) of the participating school, and supervise, manage, and deliver units of poi products to participating school cafeterias.

2.1.5 The CONTRACTOR shall maintain quality of products within the warehousing facilities and throughout the delivery process.

SPECIFICATIONS S-1

IFB D27-014

2.2 ACCEPTABLE PRODUCTS

Offerors are advised that only pre-approved and/or acceptable products will be considered for award.

Offerors submitting an offer must have their products pre-approved through procedures detailed in IFB Special Conditions Number 25.

The following items have been researched and found to meet all necessary requirements and set a standard of quality, these items do not require pre-approval:

2.2.1 HPC Foods 1004

2.2.2 Kakoo Oiwi POI-4OZ

2.2.3 Kumano I Ke Ala O Makaweli AAPC-POI-4oz

2.2.4 Hanalei Poi Company, LLC 4814

2.2.5 Pomai Kulolo N/A - 4 OZ

2.3 PROCESSED POI

CONTRACTOR shall ensure that all poi products are produced from manufacturer(s) with a Hazard Analysis Critical Control Point (HACCP) system in place.

2.4 STATE OF HAWAII DEPARTMENT OF HEALTH STANDARDS

CONTRACTOR shall ensure that all products shall be prepared in a licensed commercial kitchen approved by the State of Hawaii Department of Health (DOH), and the products are handled, and stored in accordance with heath and sanitation standards for the DOH food safety standards, Hawaii Administrative Rules 11-50.

2.5 DETAILED SPECIFICATIONS

The poi milled from taro roots shall consist of only two ingredients, taro and water. No additional ingredients are permitted. All products are to be prepared and packaged WITHOUT ADDED SULFIDES

OR PRESERVATIVES.

2.5.1 SOURCING COMPLIANCE UNDER THE BUY AMERICAN CERTIFICATION AND ACT 175

Under the BUY AMERICAN CERTIFICATION, the taro used in the poi must be grown and/or raised in the United States of America, or its territories. Under Act 175 (SLH 2021), the definition of local value-added, processed, agricultural, or food products” means at least fifty-one per cent of the product’s primary agricultural product is grown, raised, and harvested in Hawaii.

2.5.2 DOMESTIC HAWAII

A domestic Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least 51 percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16). School Food Authority’s (SFA) in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA, to meet school meal program needs per 7 CFR 210.21(d)(3).

Items shall be a domestic Hawaii commodity or product to the maximum extent practicable.

2.5.3 POI

Products provided shall be of the best quality of its respective kind. Product shall be free from defects such as, but not limited to, foreign objects, dirt, roots, et cetera. The taro root corm must be cooked to an extent to dissolve 100 percent of the calcium oxalate crystals that may render it unfit or a hazard for

SPECIFICATIONS S-2

children and/or adult consumption. All poi items shall be delivered fresh and clean, free of dirt, sand or other foreign materials and packed in clean cartons and/or crates.

The taro corms used must be harvested at the peak of starchiness, and not overripe, where the corm has converted to a sugary gelatinous stage. The taro corm should have spots of pocket rot removed that can cause off odors or off-flavors, prior to processing.

The processed poi shall be ready-to-eat (RTE), without a need to add additional water for dilution. The product shall be of a consistency that allows the poi to be directly served. The poi shall not be hardened or flaky, that may result if the poi was stored at too cold a temperature for too long a time period. The processed poi shall not be fermented, indicated by distinctive sour flavors, or show growth of white lactic acid bacteria or black fungus.

At the time of delivery, the product must be of the best quality of its respective kind (for example: proper color, no foreign bodies), ideal starchiness and in good commercial condition. The poi shall not be sour, meaning without fermentation. No bacteria, mold, fungus or any other signs of decay at the point of acceptance.

The STATE understands that different varieties of taro corms produce different colors of poi when processed, and will accept multiple colors of poi milled from fresh taro. The STATE understands the health and benefits and historic legacy of probiotics in culturally traditional fermented, sour poi, but this condition is not within the product specification for this procurement.

Applicable products shall be identified with a readable open case label such as “Processed Taro or Poi”.

Poi items that are prepacked and date coded must be marked with a “Best used by date” or “Sell-by date”. The STATE will not accept any product with a shelf life no less than seven (7) usable days, starting on the pack date, unless prior written approval from the school cafeteria SFSM or the STATE POC is provided. Products delivered with an expired “Best used by date” or “Sell-by dates” shall be rejected.

If excessive spoilage is noted, the product will be rejected and must be replaced within twenty-four (24) hours, or full credit must be issued to the receiving school.

2.5.4 PROCESSED READY-TO-EAT (RTE) POI

POI QUALITY – The poi must be of the best quality of its respective kind (for example: proper color, no foreign bodies), ideal starchiness and in good commercial condition, meeting industry standards. The poi shall not contain bacteria, mold, fungus or any other signs of decay or ferment at the point of acceptance.

The poi shall arrive at the school chilled. Poi shall not have added sulfides or other preservatives. The poi shall be ready-to-eat, without a need to add additional water for dilution. The product shall be of a consistency that allows the poi to be directly served. The poi shall be delivered fresh, chilled and clean to meet quality standards for delivery acceptance.

2.5.4.1 FRESHNESS – The STATE will not accept any product with a shelf life less than seven

(7) usable days, starting on the pack date, unless prior written approval from the school cafeteria SFSM or the STATE POC is provided. Products delivered with an expired “Best used by date” or “Sell-by dates” shall be rejected. If the manufacturer recommended shelf life is less than seven (7) usable days, starting on the pack date, the school cafeteria SFSM or the STATE POC must be notified in advance and give written approval for this reduced shelf life. Any deviation from these requirements must be approved by the school cafeteria SFSM or the STATE POC. All products are to be prepared and packaged without added sulfides or preservatives with accordance to food safety management and practices.

2.5.4.2 PRODUCTS - The STATE is procuring poi in one (1) distinct form of product:

SPECIFICATIONS S-3

2.5.4.2.1 Four (4) ounces of poi in cups with safety seals.

2.5.4.2.2 All packaging shall include trace back capabilities for all products to the point of origin to show the chain of custody of each delivered item.

2.5.4.2.3 Product case weight shall not exceed fifty (50) pounds per case.

2.5.4.3 PACKAGING – INDIVIDUAL FOUR (4) OUNCE SERVINGS: Product shall come pre-cupped and/or in packaged individual servings. At a minimum, individual containers must be marked with a “Best used by date” or a “Sell-by date”. The case shall be clearly marked with either a “Best used by date” or “Sell-by date”.

2.5.5 SHELF-LIFE

All products delivered shall be as fresh as possible (shelf life no less than seven (7) usable days, starting on the pack date) and within the growers and/or packers’ original shelf life (for example: Best if Used by Date, Expiration Date, or other markings). All products shall be identified with readable open case such as “Best used by date” or “Sell-by date”, or similar markings indicating the end of the guaranteed freshness date. Poi supplies shall be rotated on a “First-In, First-Out” basis using date of receipt or harvest dates.

Products delivered with expired “Best used by date” or “Sell-by date” shall be rejected.

2.5.6 PACKAGING

Cases and packages shall be constructed as to ensure safe and sanitary transportation to point of delivery so that the products, in each case, are properly protected. All packaging materials shall be FDA approved to meet all pertinent state and federal regulations for safe use with foods. Packaging materials shall impart no odor, flavor, or color to the product.

2.5.7 LABELING

All product cases of poi shall be clearly labeled to identify the contents, the packaging size and/or weight, the manufacturer, the packing date, and origin. The cases must designate the origin of the poi delivered. For example, Taro (Hawaii). For the individual poi serving cups, only the print of a “Best used by date” or “Sell-by date” is required.

2.5.8 DATE CODES

Identifying date codes must be clearly visible upon delivery, either stamped on the case or packaging material within the case. These codes may represent the “Best used by date” or “Sell-by date.”

2.5.9 PRIVATE LABELED PRODUCT

When the product offered is a privately labeled product, identification of the product shall be made by:

2.5.9.1 A permanent pre-printed impression on the container or on the product itself; or a label affixed by the manufacturer.

3. CONTRACTUAL REQUIREMENTS

3.1 PRODUCT QUALITY

Products furnished under this IFB shall be fresh and of the best quality of its respective kind. Products shall be free from defects that may render it unfit for consumption. Unacceptable or rejected products must be immediately removed from the school and replaced with products of the quality required by these specifications. Products shall meet all applicable federal and state regulations.

SPECIFICATIONS S-4

Failure to replace or remove any rejected product shall not relieve the CONTRACTOR from the responsibility imposed upon it by this Contract. No payment, whether partial or final, shall be construed to be an acceptance of unacceptable products.

The STATE may, at any time and by written order, stop the delivery of products not conforming to these specifications. Such stop order shall not relieve the CONTRACTOR of its obligation to complete its work within the time limits of this agreement, nor shall it in any way terminate, cancel, or abrogate the agreement or any part thereof.

3.2 WAREHOUSE STORAGE REQUIREMENTS

The CONTRACTOR shall furnish a warehousing facility that meets the below requirements. Warehousing facility shall have sufficient equipment, personnel, and space to accept, unload, handle, store, and deliver perishable (refrigerated) poi to participating school cafeterias.

3.2.1 The storage facility and handling of food products shall be in compliance with the Current Good Manufacturing Practices. The food products shall be stored in a sanitary and pest controlled warehouse facility with appropriate storage equipment as specified: temperature controlled and refrigerated.

3.2.2 In accordance with food safety guidelines, the CONTRACTOR shall rotate food products in and out of storage by expiration date on a First-In, First-Out basis using date of receipt or harvest dates. The food products shall be in appropriate holding equipment during transportation and delivery. The CONTRACTOR shall insure that food product temperatures are maintained throughout delivery and receiving process.

3.2.3 The CONTRACTOR shall ensure that refrigerated foods stay chilled until delivered to schools. In the event the CONTRACTOR fails to maintain such conditions, SFSB reserves the right to take action as deemed necessary to ensure the safety, wholesomeness, and sanitary conditions of the transported food.

If on the day of the delivery, the school is unable to accept their delivery, the CONTRACTOR shall store products in the CONTRACTOR’s facility’s refrigerators. The reserved storage areas for STATE products shall be secured from damage or theft. The CONTRACTOR shall reimburse the STATE for any cost incurred for damaged or loss of products. The STATE shall not be assessed any additional charge for storage.

The warehouse facility and handling of food products shall be in compliance with HACCP guidelines. Upon request, the CONTRACTOR shall provide a copy of warehouse facility’s operating HACCP plan.

All food products shall be stored in such a way as not to come in contact with any non-food products (for example: disposable products and custodial supplies).

3.2.4 The CONTRACTOR’s warehousing facilities shall:

3.2.4.1 At a minimum, be capable of storing SFSB’s estimated rotating quantities of poi products, and packaged individual serving size products.

3.2.4.2 Be maintained as stipulated in 7 CFR, Part 250.14 regulations and ensure that warehouse storage facilities have obtained all required federal, and state approvals and approvals are current.

3.2.4.3 Be maintained in a clean, dry, and orderly manner to ensure the safety, wholesomeness, and sanitary conditions of the stored food and are free from rodent, bird, insect, and other animal infestation.

3.2.4.4 Be kept free of damaged food or food of questionable condition.

SPECIFICATIONS S-5

3.2.4.5 Maintain food at proper storage temperatures as follows:

3.2.4.5.1 Refrigerated – shall be stored in a refrigerator immediately upon receipt of products. The maximum temperature of refrigerated food is 40 degrees Fahrenheit.

3.2.4.6 The CONTRACTOR must disclose and identify any prospective warehouse if, during the term of the Contract, the space of the warehouse is beyond the CONTRACTOR’s capacity.

3.2.4.6.1 The CONTRACTOR is requested to secure, at the CONTRACTOR’s expense, an adequate storage capacity that meets or exceeds federal and state specifications and requirements for compliance.

3.2.4.6.2 The CONTRACTOR must have a method of inventory controls and track contracted poi that are stored at a secondary or subcontractor's facility.

3.2.5 The CONTRACTOR shall store products off the floor in a manner to allow for adequate ventilation in the appropriate storage space; safeguard against theft, spoilage, and other loss; take protective measures as deemed necessary by federal and state regulations and principles of

HACCP.

3.2.6 Additionally, the CONTRACTOR must maintain records and/or logs of the appropriate ventilation, security, and temperature levels for the types of food throughout the transportation process. The CONTRACTOR shall have documented temperature controls of refrigerated containers while in transit to neighbor islands.

3.2.7 Inspection of Warehouses. At the time of bidding and throughout the life of the CONTRACT, SFSB reserves the right to conduct random inspections twice a year. SFSB will be visiting CONTRACTOR’s warehousing facilities to inspect the condition of the warehouse and how price list items are being maintained. Such inspections will not unreasonably interfere with the conduct of the CONTRACTOR’s business. CONTRACTOR will be given at least five (5) calendar days advance notice in order to prepare for inspection.

3.3 ORDER AND DELIVERY REQUIREMENTS

3.3.1 Orders

During the award period, as products are required, STATE cafeterias will submit orders via e-mail, facsimile, or by phone to CONTRACTORs by 3:00 p.m., ten (10) working days prior to the necessary delivery date. CONTRACTOR shall provide order confirmations to ordering schools within one (1) working day of receiving orders. All orders received by the CONTRACTOR during the award period must be honored and the CONTRACTOR is obliged to deliver within the required delivery time. If a CONTRACTOR is unable to deliver because product is temporarily out of stock, it shall be the CONTRACTOR’s responsibility to notify the ordering cafeteria of the shortages on the ordered items at least five (5) days before the requested delivery date.

3.3.1.1 CANCELATION OF ORDERS: STATE may cancel an order with advance cancellation notice to a CONTRACTOR by 2:00 p.m. at least five (5) working days prior to scheduled delivery. STATE will be responsible for payment of the order if timely cancellation notice is not submitted to the CONTRACTOR.

3.3.2 Delivery Requirements

3.3.2.1 The CONTRACTOR shall deliver products awarded to the various cafeterias on the island(s) specified. Except for the island of Molokai, which shall have deliveries to the dock or airport. The CONTRACTOR shall assure that delivery is completed in accordance

SPECIFICATIONS S-6

with Title 11, Chapter 50, Hawaii Administrative Rules (HAR) related to Food Safety Code citing deliveries of chilled products shall be made in vehicles with refrigeration systems capable of maintaining proper chilled state of products delivered.

3.3.2.1.1 The CONTRACTOR is responsible for processing shipping documents, Bill of Lading, et cetera for deliveries to all schools on the neighbor islands.

3.3.2.1.2 The CONTRACTOR is responsible for delivering poi to the shipping carrier with the shipping documents. All shipping charges shall be billed to the

CONTRACTOR.

3.3.2.1.3 The CONTRACTOR shall be responsible and liable for any improper distribution, loss, theft, spoilage or damage of these products.

3.3.2.2 Deliveries of all orders shall be completed within ten (10) working days after receipt of order. For orders received prior to ten (10) working days of requested delivery date, CONTRACTOR shall deliver on the requested delivery date. Deliveries shall be made to the individual cafeterias at location designated on the order. CONTRACTOR shall stack and rotate the products in the designated areas of the school cafeteria refrigerator as specified by the SFSM. The SFSM shall be responsible for clearing the area prior to the delivery. The CONTRACTOR shall provide delivery status information for shipment received upon request from the SFSM.

3.3.2.3 The minimum order for delivery shall be ONE HUNDRED FIFTY DOLLARS ($150.00).

The STATE reserves the right to include products from other price lists as well as non-bid items to meet this minimum order requirement. Orders totaling less than ONE HUNDRED FIFTY DOLLARS ($150.00) shall be made available on a “will call” basis within twenty-four (24) hours after receipt of order. Delivery of orders totaling less than $150.00 may be made at the CONTRACTOR’s option and according to their delivery schedule. CONTRACTOR is required to deliver all items outstanding at the end of the Contract period if order was received during the Contract period.

3.3.2.4 The CONTRACTOR shall deliver poi on Monday through Friday, no earlier than 6:00 a.m.

and be completed no later than 2.00 p.m., excluding the following specified holidays, and considering special circumstances of the schools (including but not limited to school closures due to inclement weather, natural disasters, school designated waiver days, pandemics, et cetera):

a. Independence Day

b. Statehood Day

c. Labor Day

d. Election Day (if applicable)

e. Veteran’s Day

f. Thanksgiving Day and the day after

g. Christmas Day

h. New Year’s Day

i. Dr. Martin Luther King Jr. Day

j. Presidents’ Day

k. Kuhio Day

l. Good Friday

m. Memorial Day

n. Kamehameha Day

LATE DELIVERIES: Time of delivery is critical to kitchen operations. Late deliveries will not be accepted and it will be the CONTRACTOR’s responsibility to arrange an alternate delivery time by immediately contacting the ordering school’s SFSM or the

SPECIFICATIONS S-7

STATE POC.

All deliveries of refrigerated food products shall be made from refrigerated vehicles as per State of Hawaii Department of Health Food Safety Branch guidelines. The ordering school reserves the right not to accept deliveries made in non-temperature -controlled vehicles.

3.3.2.5 Except for an emergency and/or disaster situation or a situation of distress, if delivery is not being accepted by a school, such as no food service staff at the school cafeteria, the CONTRACTOR shall notify the CA or STATE POC immediately. The CONTRACTOR shall follow the instructions provided by the CA or STATE POC regarding the non-acceptance of delivery. The CONTRACTOR shall allow the CA or STATE POC at least one hour following the CONTRACTOR’s notification for the CA or STATE POC to provide the CONTRACTOR with instructions regarding the refused shipment.

3.3.3 Failure to Deliver

CONTRACTOR shall be obliged to deliver products under this award in accordance with the terms and conditions stated herein. If a CONTRACTOR is unable to deliver because product is temporarily out of stock, it shall be the CONTRACTOR’s responsibility to notify the ordering school cafeteria or STATE POC of the shortages on the awarded items at least five (5) days before the requested delivery date.

CONTRACTOR shall then obtain prior approval from the SFSB and the ordering cafeteria to deliver an acceptable substitute, at the same bid price and under the same terms and conditions of this award. It shall be the CONTRACTOR’s responsibility to obtain such substitute. In the event a CONTRACTOR consistently needs to substitute or refuses to substitute products, the STATE reserves the right to terminate the award and/or initiate the debarment process pursuant to Chapter 3-126, Legal and Contractual Remedies, HAR.

3.4 RECORDING REQUIREMENTS

3.4.1 The CONTRACTOR shall establish and maintain complete and accurate records pertaining to the receipt, storage, and delivery of food for each school as a separate account.

3.4.2 The CONTRACTOR shall understand and agree that records (pertaining to receipt, storage, and delivery of food), equipment, and facilities shall be available for inspection by representatives of the STATE CA and/or authorized representative designee and the State Auditor’s office at any reasonable time and place.

3.5 REPORTING REQUIREMENTS

The CONTRACTOR shall provide the following reports (one copy to the SFSM and one copy to SFSB):

3.5.1 Monthly delivery reports, in Microsoft Excel format, detailing the following information:

• School Name;

• Product Description;

• Product Number;

• Country of origin;

• Invoice Number; and

• Number of pounds or number of items sold.

3.5.2 Copies of the most recent third-party audit reports shall be provided to the STATE POC upon request. Reports shall include but not be limited to the following:

• Administration and Regulatory Compliance;

SPECIFICATIONS S-8

• HACCP Management;

• Facilities and Equipment;

• Sanitation, Housekeeping and Hygiene;

• Rodent and Pest Control Management;

• Approved Supplies, Receiving and Inventory Control Process and Product Evaluation;

• Packaging and Labeling;

• Storage and Shipping;

• Training Requirements; and

• Food Defense.

3.6 RECALL AND/OR CHANGE PROCEDURES

The CONTRACTOR shall adhere to the following in situations, including but not limited to, USDA or manufacturer recalls, changes in USDA regulations, and changes in STATE menus:

3.6.1 Notification. All USDA and Manufacturer recalls should be communicated to SFSB in an email within twenty-four (24) hours of the CONTRACTOR being notified. Upon notification SFSB will discuss with the CONTRACTOR the needed steps to execute the recall.

3.6.2 Removal. The CONTRACTOR shall remove all recall items from all schools. All products impacted by the recall shall be stored in accordance with the CONTRACTOR’s internal recall procedures.

3.6.2 Disposal. The CONTRACTOR shall dispose of all products in accordance with USDA and manufacturer guidelines.

3.7 RETURNS (DAMAGED PACKAGING)

Items delivered in damaged packaging affecting the quality of the poi or readability of required labeling may be rejected and returned for credit or immediate replacement at no cost to the STATE.

Damaged or rejected products must be immediately removed from the site and replaced with products of the quality required by these specifications. The STATE reserves the right to reject any expired product.

Products shall meet all applicable federal and state regulations.

Failure to replace or remove any rejected product shall not relieve the CONTRACTOR from the responsibility imposed upon it by the Contract. No payment, whether partial or final, shall be construed to be an acceptance of unacceptable products.

3.8 TRACEABILITY

CONTRACTOR shall provide trace back capabilities for all products to the point of origin to show the chain of custody of each delivered item.

SPECIFICATIONS S-9

SPECIAL CONDITIONS

GENERAL INFORMATION

1. Addenda and Interpretations

Discrepancies, omissions, or questions related to this solicitation shall be communicated in writing to the Hawaii State Department of Education, Procurement and Contracts Branch (PCB) via facsimile at (808) 675-0133 or e-mail to albert.k.perry@k12.hi.us for interpretation and must be received no later than seven (7) calendar days prior to the date fixed for the close of bids.

Interpretation(s), if any, and any supplemental instructions will be in the form of written addenda that will be made available to all HIePRO registered Offerors prior to the date fixed for the close of bids. Failure of any Offeror to receive any such addenda or interpretations shall not relieve the Offeror of any obligation under this solicitation. All addenda issued shall be incorporated into the resulting contract.

2. Scope

Work under this agreement shall consist of Furnishing and Delivering Fresh Poi to Various Hawaii State Department of Education School Cafeterias for the islands of Hawaii, Maui and Molokai and shall be in accordance with these Special Conditions, the attached Specifications, and the State of Hawaii’s General Conditions AG-008 (latest revision).

3. Buy American

The Richard B. Russell National School Lunch Act (NSLA) provides in Section 12(n) the Buy American provision which requires that School Food Authorities (SFAs) operating school meals programs purchase domestically produced (grown) and processed foods, to the maximum extent practicable. The Buy American provision was codified in the National School Lunch Program regulations at 7 CFR 210.21(d).

3.1. Applicability to Hawaii:

Paragraph (d)(2) of this section shall apply to a school food authority in Hawaii with respect to domestic commodities or products that are produced in Hawaii in sufficient quantities to meet the needs of meals provided under the school lunch program under this part.

The Hawaii State Department of Education participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic-Hawaii commodities or products for Programs meals.

3.2. Offeror Responsibility:

Offeror will comply with the Buy American requirement, which dictates that SFAs participation in the federal school meal programs are required to purchase domestic-Hawaii commodities and products for SFA meals to the maximum extent practicable.

A domestic-Hawaii commodity or product means an agricultural commodity that is produced in Hawaii and a food product that is processed in Hawaii substantially (at least fifty-one [51] percent) using agricultural commodities that are produced in Hawaii (7 CFR 210.21, 220.16(f)(1)). SFAs in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities, as determined by the SFA to meet school meal program needs per 7 CFR 210.21(d)(3).

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3.3. Documentation Requirements:

If the Hawaii Product Preference is applicable, the STATE will require Offerors to certify that an applicable commodity offered was produced in Hawaii, or an applicable product offered was processed in Hawaii and contains at least fifty-one (51) percent of its agricultural food component from Hawaii by using the State Procurement Office’s “CERTIFICATION FOR HAWAII PRODUCT PREFERENCE” form (SPO-038) which is located at the following link: http://spo.hawaii.gov/all-forms/

4. Federal Guidelines

U.S. Department of Agriculture (USDA) is an equal opportunity provider and employer.

4.1 In addition to other required provisions, the following provisions are included as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for

(C) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(D) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be

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http://spo.hawaii.gov/all-forms/ https://www.govinfo.gov/link/uscode/41/1908 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(E) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(F) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(G) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(H) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

5. Procurement of Recovered Materials

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]

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https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352

6. State’s Commitment

Pursuant to Section 3-121-6, HAR, it is mandatory that all Hawaii State Department of Education cafeterias purchase from price lists issued by the Hawaii State Department of Education, Procurement and Contracts Branch.

When quality level or product design is not suited to a cafeteria’s purpose, however, an exception to purchase outside of the price list may be granted to such cafeteria by the Hawaii State Department of Education.

7. Contract Administrator

For purposes of this Contract, Anneliese Tanner, Program Administrator or the Program Administrator’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808- 784-5500, via facsimile at 808-735-6262, or via e-mail at anneliese.tanner@k12.hi.us.

The CA is responsible for:

1. the terms, conditions, quantities, specifications, scope of services, other contract terms, and all decisions relating to the Contract;

2. monitoring the CONTRACTOR’s work, documenting that CONTRACTOR maintains the required insurance coverage (if applicable), resolving contract disputes and discrepancies, evaluating the work of the CONTRACTOR, assuring the services or goods are delivered as required in the Contract, and processing payment for services rendered; and

3. notifying the Hawaii State Department of Education, PCB in the event of change in scope of work, change in the performance period, increase or decrease in total compensation, and/or changes in any other contract terms.

Notwithstanding the responsibilities set forth hereinabove, any coordination of services falling outside those articulated above shall remain with the head of the purchasing agency, as set forth in the attached General Conditions (see General Conditions, paragraph 1, entitled "Coordination of Services by the

STATE.").

The CA has designated Weston Yap as Point-of-Contact (POC) for this Contract. As such, the POC, or their successor, should be the initial contact on all matters related to this Contract. The POC can be contacted by telephone at 808-784-5515, via facsimile at 808-735-6262, or via e-mail at weston.yap@k12.hi.us.

8. Contract Period

This Contract shall commence upon full execution of the Contract and shall end on June 30, 2027, subject to availability of funds as specified in the General Conditions.

Beyond June 30, 2027, this Contract may be extended for not more than two (2) additional twelve (12)-month periods upon mutual written agreement of the parties, prior to expiration. As each option(s) to extend is mutually agreed upon, the CONTRACTOR shall be required to execute a supplement to the Contract for each additional period. The Contract Price for the extended period shall remain the same or lower than the initial Contract Price, subject to any price adjustment allowed by the Contract.

OFFEROR INFORMATION

9. Offeror’s Authority to Bid

The STATE will not participate in determinations regarding an Offeror’s authority to sell a product or perform a service.