IFB DOC CANNED FRUIT 6000195350.doc

Invitation for Bid No. CN000xxxxx

Special Terms and Conditions

INVITATION FOR BID NO. CN00035684

SPECIFICATION

CANNED FRUIT

SCOPE OF PROJECT: The Commonwealth of Pennsylvania is seeking the Procurement of CANNED FRUIT PRODUCTS to be delivered statewide to all Department of Corrections State Correctional Institutions—ATTACHMENT A (DOC INSTITUTIONS).

The total forecasted estimated usage for the Department of Corrections for Canned FRUIT Products for calendar year(s) 2012-2013 is approximately 120,000 cases. The Commonwealth intends to leverage its purchasing power by centralizing its procurement of these canned fruit products through one supplier, thus saving on unit and transactional costs and by achieving other efficiencies and customer service goals for both the Commonwealth and the awarded supplier.

CALENDAR OF EVENTS

IFB POSTED April 12, 2011

IFB DUE May 8, 2012 @ 1:30pm Department of General Services

Bureau of Procurement

Attention: BID ROOM

Forum Place 6th Floor

555 Walnut Street

Harrisburg PA 17101-1914

ELIGIBILITY: In order to be eligible for award, a bidder must have authorization from the Manufacturer of the offered products or be an authorized Contractor of the Manufacturer‘s products. If a bidder is not the Manufacturer of the offered products, the bidder must include with bid, or within 3 days of request after bid opening, a letter signed by the Manufacturer stating that the bidder is authorized to sell said Manufacturer‘s products and that the Manufacturer will honor any responsibilities under the warranty for products sold by the bidder, if the bidder fails to perform such service.

SPECIFICATION: Please see the product specifications as set forth in ATTACHMENT B (Cost Submittal) to the IFB.

TERM OF CONTRACT: The initial one (1) year term of the Contract shall start July 1, 2012. Following the initial term, the Commonwealth, with the agreement of the Contractor, shall have the option, upon written, notice to renew for four (4) additional one (1) year renewal periods under the same terms and conditions. No further documentation is required to be executed to renew the terms of the Contract.

PRICING: Bidder is to quote on both the three (3) month and the six (6) month pricing on Attachment B- Cost Submittal. The Commonwealth will then choose one pricing schedule at the time of award that will remain constant throughout the duration of the Contract. Price adjustments shall be considered on a quarterly calendar basis (January 1, April 1, July 1, and October 1) and must be submitted to the Department by 12:00 pm EST not less than 45 days prior to the end of the current quarter. Initial pricing submitted in response to this IFB shall remain in effect and firm from the effective date of the Contract until the beginning of the next quarter so long as the effective date is not less than 45 days prior to the beginning of the next quarter. If it is within the 45 day period, the initial pricing shall remain in effect for the subsequent quarter. Any request for pricing adjustment must be supported by Manufacturers’ justification for pricing increases and other market condition justification. Failure to provide such justification will result in no price increase for the next quarter.

Should a Renewal take effect, pricing structure may be adjusted by mutual agreement between the contracted supplier and Department of General Services provided that supporting pricing justification(s) from the Manufacturer and/or commodities market be submitted.

The pricing on the Purchase Order at the time the Purchase Order was created shall be the pricing for the performance and completion of that Purchase Order.

QUANTITIES: All products and their respective acceptable brands and quantities, as specified in Attachment B (Cost Submittal), are estimated annual forecasted needs to be procured by the Department of Corrections.

REPLACEMENT OF PRODUCTS: The Contractor is responsible for notifying the Commonwealth of all unavailable products in a timely manner. If a product is not available, the Contractor shall offer the Commonwealth a comparable product from the qualified brands to replace the unavailable product. Pricing for the replacement product shall be the same as or lower than the pricing for the unavailable product. The Commonwealth, in its sole discretion, shall determine if the replacement product is comparable to the original product. At no time is the Contractor allowed to unilaterally change products or pricing.

FILL RATE: Awarded Contractor must maintain at minimum 97% fill rate. Fill rate is defined as “the total number of items on an order within the delivery divided into the total number of items ordered filled accurately and completely”. Should the Contractor consistently fail to maintain the Fill rate without corrective action, the Contractor will be deemed non-responsible, and the Contract may be terminated.

Any product that fails to conform to the the approved brands and SKU, or are not of the current packing season will be rejected by the facility. The Contractor will not invoice the Commonwealth for non-complying product and/or will issue a full credit for non-complying product that has already been invoiced/paid. The Contractor shall replace all such rejected items with products conforming to the specifications within five (5) calendar days or the next delivery date not to exceed fifteen (15) calendar days following notification of rejection as documented on the packing list/invoice. The facility may require earlier replacement of critical items upon request to the Contractor If the Contractor fails, neglects, or refuses to do so, the CWOPA shall have the right to purchase on the open market and charge the defaulting Contractor any increase in price.

QUARTERLY MEETINGS: The awarded Contractor will be notified of MANDATORY scheduled meetings. The meetings are to review the performance of the Contract as well as the Usage, Fill Rate, Backorder and Return reports. Awarded Contractor will be responsible for providing those reports upon request prior to the scheduled meeting.

ORDERING PROCESS: The awarded Supplier shall be given a minimum of ten (10) business days from receipt of order from ordering location for the Supplier to meet the requested delivery date. If the Supplier is out of stock on an item, the Supplier is required to notify the ordering location within 24 hours of receipt of an order. If the 24-hour period ends on a weekend, the Supplier must notify the ordering location by 4:00 PM the next working day. If Supplier cannot deliver the entire order due to out of stocks, Supplier must still deliver any other item on Purchase Order that is in stock as ordered. (Final determination of Logistics will be finalized between the Commonwealth of Pennsylvania and the awarded Supplier.)

MINIMUM DELIVERY REQUIREMENTS: Deliveries must be by Pallet or layer increments only. There will be two (2) days designated throughout the month for deliveries per facility. (Final determination of Logistics will be finalized between the Commonwealth of Pennsylvania and the awarded Supplier.) ATTACHMENT C (MILEAGE MATRIX) CONFIRMATION OF PURCHASE ORDER: Awarded Contractor is responsible for acknowledging receipt of order and supply of goods within twenty-four (24) hours of receipt of Purchase Order via EMAIL.

PACKAGING: The pack sizes indicated on the Cost Submittal represent the sizes currently approved by DOC facilities. The Commonwealth reserves the right of final approval on packaging offered by the Contractor. Packaging and containers, etc., shall be in accordance with Contractor’s commercial practice and shall meet the requirements of the Department of Transportation (DOT) and rail and motor carrier freight classifications in effect at time of shipment, which will permit application of the lowest freight rate.

DOC will not accept product packed in glass. All packaging and packing material must be new and clean, and must not impart objectionable odors or flavors to the product. Printed, stamped and stenciled labeling and marking information on cartons must be water-fast, non-smearing or a contrasting color, clear and readable. Cartons shall be clean and of adequate strength to provide protection and stacking strength. Cartons shall be clearly marked with product name, count/size and product code.

PALLETIZING: Shipments shall be palletized and shall conform to the following:

· Manufacturers’ standard 4-way shipping pallets

· Maximum height: 5’6”; including pallet

· Maximum weight: 3500 pounds; including pallet

· Pallets are to be securely banded or shrink wrapped

· The cost of palletizing must be included in the unit price

SECURITY: All Contractors or their sub-Contractors who utilize regular delivery transportation must submit clearance checks through the original Contractor for all drivers (regardless if delivery is inside or outside of the fence). Common carriers will not be required to render clearance checks, however are subject to search and escort procedures. ALL CARRIERS reporting to outside warehouses must secure their vehicle (windows closed and doors locked), sign in at warehouse and wait for further directions from Correctional staff. http://www.cor.state.pa.us/portal/server.pt/community/clearance_request/20648 RECEIVING: It is recommended that the awarded Contractor communicate and confirm on an individual basis per facility of any special delivery requirements and/or instructions. Delivery scheduling must be communicated on an individual basis per facility due to various receiving hours and warehouse requirements. Non-compliance of this communication will result in possible rejection of delivery.

RANDOM TESTING OF PRODUCTS: The DOC reserves the right to do random sampling of product to ensure products meet specifications and conform to the approved brands listed at any given time during the term of the Contract.

SHELF LIFE: All products delivered to the facility are required to be current season pack. Any product that fails to conform to the acceptable brands, or is not of current season pack may be rejected by the facility. The Supplier will not invoice the Commonwealth for non-complying product and/or will issue a full credit for non-complying product that has already been invoiced/paid. The Supplier shall replace all such rejected items with products conforming to the specifications within five (5) calendar days or the next delivery date not to exceed fifteen (15) calendar days following notification of rejection as documented on the packing list/invoice. The facility may require earlier replacement of critical items upon request to the Supplier. If the Supplier fails, neglects, or refuses to do so, the CWOPA shall have the right to purchase on the open market and charge the defaulting Supplier any increase in price. Partial, late or incorrect deliveries uncorrected after the next delivery date not to exceed fifteen (15) calendar days will result in the Supplier being charged any difference in price for repurchase. All products are required to be that of the current season pack. Coding on cans will depict new pack dates. Key code of those numbers on cans will be available for Facility to check products assuring product(s) conform to requirements. Contractor will maintain records of Julian Dates use by/sell by dates, and production dates for products when coded shelf life dates are used. This information will be readily available and will be provided to the requesting agency on demand.

RETURNS: Any items delivered in poor condition, in excess of the amount ordered, or not included in the purchase order may, at the discretion of the Commonwealth ordering entity, be returned to the Supplier at the Supplier’s expense within thirty (30) days. Credit for the returned goods shall be made immediately after the Supplier received the returned items. There shall be no restocking fees assessed to the Commonwealth or eligible contract users, except in the event that a Commonwealth ordering entity orders incorrectly. The item(s) will be returned to the Supplier at the expense of the ordering entity not to exceed a 5% restocking fee per item. Credit for returned goods shall be made immediately after the Supplier received the returned item(s). In the event that a product is rejected at time of delivery, the Supplier’s driver will take the product back immediately. Replacement product for that rejected product will be delivered to the Facility within five (5) calendar days or the next delivery date not to exceed fifteen (15) calendar days. For product deemed to be unacceptable after delivery has been made, the Ordering Location may contact the Supplier’s Customer Service Representative to arrange for pick up of product (s), credit for that product(s), and replacement of that product(s). Supplier will remove unacceptable product(s) from the Ordering Location within one week from date of determination of unacceptable product(s) and contact with the Supplier. Unacceptable Product(s) left at the Facility for more than ten (10) days will become the property of the Commonwealth to dispose of as they see fit. If invoices have been submitted, Supplier will issue credit(s) for the full amount of the product(s) purchased.

POST-SUBMISSION DESCRIPTIVE LITERATURE: In addition to those documents listed in II.2 II-IFB-016.1, the Department of General Services may also require any bidder to submit specification sheets, nutritional information, pallet configurations, point of sale, item number, UPC number, applications, and brochures which detail Food items and any other pertinent information, including Recall Procedures.

INQUIRIES: Direct all questions concerning this contract to the Contract Specialist named below:

Corey Walters, Commodity Specialist

Department of General Services Bureau of Procurement

555 Walnut Street, 6th Floor

Harrisburg, PA 17101-1914

717-787-8085 (Phone)

717-214-9505 (Fax) cowalters@pa.gov