IFB Eggs 04 26 24.docx

The Department of Central Management Services (“Agency” or “State”) requests Bids from responsible vendors to meet its needs. A brief description is set forth below for Bidder’s convenience, with detailed requirements in subsequent sections of this solicitation. If interested and able to meet these requirements, the State appreciates and welcomes a Bid.

Brief Description:

This solicitation is issued by the Illinois Department of Central Management Services in cooperation and agreement with the Chief Procurement Officer for General Services. The purpose of this solicitation is to establish a Joint Purchase Master Contract to enable governmental units to purchase Eggs, Fresh Shell, on an as needed basis during the contract period. By submitting a bid, Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in the resulting contract for the items in the resulting contract to all governmental units.

The supplies or services subject to the resulting contract shall be distributed or rendered directly to each governmental unit. Vendor shall bill each governmental unit separately for its actual share of the costs of the supplies or services purchased. The credit or liability of each governmental unit shall remain separate and distinct. Disputes between vendors and governmental units shall be resolved between the affected parties.

“Governmental unit” means the Illinois Department of Corrections (DOC), the Illinois Department of Juvenile Justice (DJJ), the Illinois Department of Human Services (DHS) and the Illinois Department of Veterans’ Affairs (DVA), which are State agencies, as defined in Section 1-15.100 of the Illinois Procurement Code.

The resulting contract with the awarded Bidder is expected to be over $50,000 in value annually and shall commence upon the last dated signature of the Parties and expire on 06/07/27 with no option to renew. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed ten (10) years. 30 ILCS 500/20-60.

Please read the entire solicitation package and submit a Bid for evaluation in accordance with the instructions. All forms and signature areas contained in the solicitation package should be completed in full and submitted along with the price proposal which will constitute the Bid. Bidders should keep the instructions and a copy of their bids for future reference.

Vendor Disclosure (formerly named Forms A), IPG Active Registered Vendor Disclosure (formerly named Forms B), and Business Enterprise Program/Veterans Small Business Program Utilization Plan may be downloaded from the Chief Procurement Officer for General Service’s website at https://cpo-general.illinois.gov/solicitation-and-contract-templates.html. These sections are a material part of this solicitation and must be returned when applicable with a Bidder’s Bid.

NOTE: DOCUMENTS SIGNED BY PERSONS OTHER THAN PRESIDENT, CEO, OWNER, OR EXECUTIVE DIRECTOR, SHOULD SUBMIT A SIGNATURE AUTHORITY LETTER WITH THE BID.

Bids that do not adhere to form and content of the Invitation for Bid requirements may not be considered.

STATE OF ILLINOIS

INVITATION FOR BID

Central Management Services JPMC Eggs, Fresh Shell

24-416CMS-BOSS4-B-42578

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not discriminate in employment, contracts, or any other activity.

The State of Illinois encourages prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances.

State of Illinois IFB Title Page V.24.1

SECTION 1.

Part Instructions and General Information A.

SECTION 2.

Offer to the State of Illinois B.

SECTION 3.

Exceptions to Solicitation and Contract Terms and Conditions C.

CONTRACT

Vendor Disclosure (formerly named FORMS A) Complete this form if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

IPG Active Registered Vendor Disclosure (formerly named FORMS B) Complete this form if you are using an active State of Illinois Vendor Registration Number.

To ensure that you are registered in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you are not registered in the IPG.

OUTLINE

State of Illinois IFB

OUTLINE

V.24.1

SECTION 1. INSTRUCTIONS AND GENERAL INFORMATION

Only Electronic Submissions through BidBuy of Bids and Offers will be Accepted

Bidders and Offerors are required to submit their response to the State’s solicitation through BidBuy. Any information sent to the State outside of BidBuy, for example by US Mail, FedEx, UPS, e-mail, or hand delivery, will neither be accepted nor considered. Vendor submissions will only be considered if they are received through BidBuy and on or before the time and date indicated in the Bid Opening section within the solicitation. Any required attachments must be submitted via BidBuy.

Documents shall be submitted in an electronic format that can be accessed and read using Microsoft Office or Adobe Reader. Corrupted files shall not be considered. It is the responsibility of the vendor to ensure that files are accessible and legible after uploading.

The vendor is solely responsible for ensuring timely submission of their electronic solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance from the State is required, places the vendor and their bid, offer or response at risk of not being accepted.

It is recommended that you access your BidBuy account prior to the solicitation due date and time to make sure that your company’s information is up-to-date and your password is current. Files may be uploaded at any time prior to submission.

File size may impact the uploading and downloading speed and may lead to browser time-outs resulting in failed upload/download attempts. Please consider this dependency when attaching very large documents.

The State encourages vendors to make sure that their BidBuy account is up to date.

CONFLICT BETWEEN INFORMATION IN ELECTRONIC DOCUMENTS AND ON BIDBUY: If the State provides information in electronic documents(i.e. the IFB and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in electronic documents is presumed to represent the State’s intent. If the Bidder provides information in electronic documents that is different or in conflict with the information the Bidder provides in BidBuy through their Seller Account, then the information in electronic documents shall represent the Bidder’s intended submission.

HOW TO ENTER INFORMATION: Type information in the text form fields provided. Text form fields are indicated by the instruction “Click here to enter text.” in red font. If the information requested does not apply to the Bidder’s situation, then enter “N/A” into the text form field. Please enter the requested information or N/A into every red text field. Please note that the CONTRACT section of this solicitation may be used as the contract between the State of Illinois and the awarded vendor. If used, then the Financial Disclosures and Conflicts of Interest, Disclosure of Business Operations in Iran, and Illinois Standard Certifications provided in the Vendor Disclosure or the Illinois Procurement Gateway, and certifications and disclosures provided in the IPG Active Registered Vendor Disclosure (if applicable) will become a material part of the contract.

PUBLISHED PROCUREMENT INFORMATION: The State publishes procurement information, including solicitations, awards, and amendments, on the General Services Illinois Procurement Bulletin, referred to as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Bidder is responsible for monitoring the Bulletin. The State will not be held responsible if Bidder fails to receive the optional e-mail notice of future amendments to the solicitation.

INFORMATION CONTACT: The individual listed in the “Info Contact:” on the Bulletin posting shall be the single point of contact for this solicitation. Unless otherwise directed, Bidders should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any bid with any State officer or employee other than the Information Contact.

BIDDER QUESTIONS AND AGENCY RESPONSE: All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact no later than seven (7) business days prior to the bid opening date. Questions received and Agency responses may be posted as an Amendment to the original solicitation on the Bulletin; only these posted answers to questions shall be binding on the State. Bidders are responsible for monitoring the Bulletin.

PRE-SUBMISSION CONFERENCE

In the Bulletin posting, the Agency may schedule a Pre-Submission Conference as the “Pre-Bid Conference:”.

Is attendance at the Pre-Submission Conference mandatory? |_| Yes |X| No BID DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF BIDS: Each solicitation contains the Bid Due Date and Time appearing as the “Bid Opening Date:” on the Bulletin posting. Bids will be opened in BidBuy on the “Bid Opening Date:”

Bid Firm Time: Vendor’s Bid must remain firm for 180 days from opening.

SECURITY: Bid Bond $ 0 / Performance Bond $ 0. If a bid bond is required, Bidder must submit the bid bond with the Bid. If a performance bond is required, Bidder must submit the performance bond to the solicitation contact within ten (10) days after contract execution. The bond must be from a surety licensed to do business in Illinois. An irrevocable letter of credit is an acceptable substitute. The form of security must be acceptable to the State.

SMALL BUSINESS SET-ASIDE: In the Bulletin posting, if “Yes” is shown to the question “Is this subject to Small Business Set-Aside?”, then Bidder must be qualified by the Small Business Set-Aside Program at the time bids are due in order for the Bid to be evaluated. For complete requirements and to qualify Bidder’s business in the Small Business Set-Aside Program, visit the CPO’s website at https://cpo-general.illinois.gov/sell-2-illinois.html.

MINORITY CONTRACTOR INITIATIVE: The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any bidder awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

PROCUREMENT OF DOMESTIC PRODUCTS: It is the policy of the State of Illinois to use State procurements to maximize the use of goods, products, and materials produced in Illinois. 30 ILCS 517. If this procurement is for a product alone and does not include a service, then preference shall be given to a product manufactured in the United States.

A vendor must affirmatively declare at the time they submit their bid or offer that the product being proposed to the State is manufactured in the United States. The purchasing agency may request documentation verifying the product’s manufacturing origin. The purchasing agency shall purchase the product manufactured in the United States unless the agency determines that any of the following applies: (1) the procured product is not manufactured in the United States in reasonably available quantities, or (2) the price of the procured product manufactured in the United States exceeds the price of available and comparable procured products manufactured outside of the United States by 12% or more, or (3) the quality of the procured product manufactured in the United States is substantially less than the quality of the comparably priced, available, and comparable procured products manufactured outside of the United States, or (4) the purchase of the procured products manufactured outside of the United States better serves the public interest by helping to protect or save life, property, or the environment, or (5) the purchase of the procured product is made in conjunction with contracts or offerings of telecommunications, fire suppression, security systems, communications services, Internet services, or information services, or (6) the purchase is of pharmaceutical products, drugs, biologics, vaccines, medical devices used to provide medical and health care or treat disease or used in medical or research diagnostic tests, and medical nutritionals regulated by the Food and Drug Administration under the federal Food, Drug and Cosmetic Act.

FEDERAL FUNDS: The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of the goods and/or services involved which are Federally funded and the dollar amount of such Federal funds will be disclosed.

EMPLOYMENT TAX CREDIT: Bidders who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits.

GOVERNING LAW AND FORUM: Illinois law and rules govern this solicitation and any resulting contract. Bidder must bring any action relating to this solicitation in the appropriate court in Illinois. This document contains statutory references designated with “ILCS.” Bidder may view the full text at http://www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 Ill. Adm. Code Part 1 are applicable to this solicitation and may be respectively viewed at http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7 and http://www.ilga.gov/commission/jcar/admincode/044/044parts.html.

PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT: Bids become the property of the State. All bids will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Bidder requests in its Bid that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Bids confidential. Bidders must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Bidder’s name, the substance of the Bid, and the price.

If Bidder requests confidential treatment, Bidder must submit additional attachment(s) of the Bid with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed and shall retain as much of the Bid as possible. In a separate attachment, Bidder shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Bidder will hold harmless and indemnify the State for all costs or damages associated with the State defending Bidder’s request for confidential treatment. Bidder agrees that the State may copy the Bid to facilitate evaluation, or to respond to requests for public records. Bidder warrants that such copying will not violate the rights of any third party.

RESERVATIONS: Bidder must read and understand the solicitation and tailor the Bid and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all bids, award by item, group of items, or grand total, and waive minor defects. The State may request a clarification, inspect Bidder’s premises, interview staff, request a presentation, or otherwise verify the contents of the Bid, including information about subcontractors and suppliers. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code (30 ILCS 500/), associated administrative rules and other applicable State and Federal statutes and regulations. This competitive process may require that the Bidder provide additional information or otherwise cooperate with the State. If a bidder does not comply with requests for information or cooperate, the State may reject the bid as non-responsive to the solicitation. Submitting a bid does not entitle the Bidder to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any bid. Awarded vendor(s) shall not commence and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

AWARD: The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the responsive and responsible bidder who submits the lowest price. The State will post a notice to the Bulletin identifying the apparent low-cost bidder. The State may accept or reject a bidder’s bid as submitted or may require contract negotiations. If negotiations do not result in an acceptable agreement, the State may reject the bidder’s bid and begin negotiations with another bidder. Awards are not final until all protests are resolved.

The State of Illinois intends to award this solicitation by zone to the responsive and responsible bidder who submits the lowest total price by zone for lines 3 thru 22 listed within the bid. In the event no single bidder provides a bid for each line item within a zone, the State of Illinois reserves the right to award to the responsive and responsible compliant low-bidder by line item within that zone.

The zones are as follows: Zone 1 = (Lines 3-6), Zone 2 = (Lines 7-10), Zone 3 = (Lines 11-14), Zone 4 = (Lines 15-18), Zone 5 = (Lines 19-22). See section 2.5.3 for complete listing of Zones, Facilities and estimated three (3) year usage. A map of the agencies within the counties and 5 Zones can be found in section 5.11. Quantities are estimated for bidding purposes and the State will not be restricted or limited to purchase the estimated quantities.

Vendor should note that lines 3 thru 22 are the only lines that will be evaluated. Lines 1 and 2 are for the end user to use when ordering, so that they can enter the Urner Barry price for fresh eggs. These lines should not be bid and will be awarded to each responsive and responsible bidder(s) who receive an award.

INVOICING ADDRESS: The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof the State is subject to the tax. If necessary, Vendor may request the applicable Agency’s Illinois tax exemption number and Federal tax exemption information.

PROTEST REVIEW OFFICE: Bidders may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 Ill. Adm. Code 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual bids or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office information is as follows:

Chief Procurement Office -General Services Email: cpogs.pro@illinois.gov Attn: Protest Review Office 300 West Jefferson, Suite 128 Springfield, IL 62702 EVALUATION PROCESS: The State evaluates three categories of information: Responsibility, Responsiveness, and Price. The State will consider the information provided and the quality of that information when evaluating the bidder’s bid. If the State finds a failure or deficiency, the State may reject the bid or reflect the failure or deficiency in the evaluation.

A.20.1 RESPONSIVENESS: A responsive bidder is one who submits a bid that conforms in all material respects to the Invitation for Bid and includes all required forms. Required forms may include, but may not be limited to:

A.20.1.1 Subcontractor Disclosure: If the Bid includes any subcontractors, then Bidder shall provide the names and addresses of subcontractors in the CONTRACT, Part 1.6.

A.20.1.2 If completing IPG Active Registered Vendor Disclosure (formerly Forms B), then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Disclosure of lobbyists for Bidder and parent entity(ies)

· Disclosure of pending and current contracts

· Certifications timely to this solicitation A.20.1.3 If completing Vendor Disclosure (formerly named Forms A), required forms may include and may not be limited to:

· Business and Directory Information: Bidder should complete and return the Business and Directory Information form in Vendor Disclosure, Part 1.

· Illinois Department of Human Rights Public Contracts Number: Bidder shall complete and return the IDHR Public Contracts Number form in Vendor Disclosure, Part 2.

· Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting a bid and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Vendor Disclosure, Part 3.

· Illinois Standard Certifications: Offeror shall complete and return the Illinois Standard Certifications form in Vendor Disclosure, Part 4.

· State Board of Elections Registration: Vendor or Bidder may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Vendor Disclosure, Part 5.

· Disclosure of Business Operations with Iran: Offeror should complete and return the Disclosure of Business Operations with Iran form in Vendor Disclosure, Part 6.

· Financial Disclosures and Conflicts of Interest: Bidder shall complete and return the Financial Disclosures and Conflicts of Interest form in Vendor Disclosure, Part 7, or in the Illinois Procurement Gateway.

· Taxpayer Identification Number: Bidder shall complete and return the Taxpayer Identification form in Vendor Disclosure, Part 8.

A.20.1.4 The State will determine whether the Bid meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no bidder meets a particular requirement, the State may waive that requirement.

A.20.1.5 The State will determine whether Bids complied with the instructions for submitting bids. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that a bidder correct any deficiencies as a condition of further evaluation.

A.20.1.6 The State reserves the right to request bid samples after the bid opening date to ensure specifications are met. Bidders must identify the items with the bidder’s company name and corresponding line item. Bidders will be contacted by the State in writing with the designated address for shipping samples.

If samples are requested, the samples must be received at the address provided at the time of the State’s request within seven (7) calendar days from the date of the request or the bid will be deemed non-responsive.

A.20.1.7 No payment will be made for samples, however, samples not destroyed by examination or testing will be returned to bidder at the bidder’s expense, if so requested. When bidders desire samples to be returned, they should mark samples “Please return samples” and include a prepaid postage label.

A.20.2 RESPONSIBILITY: A responsible Bidder is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Bidder is a “responsible” bidder; a bidder with whom the State can or should do business. For example, the State may consider the following:

A.20.2.1 A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, goods or services after providing the State with a demonstration of the developing technology, goods, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code (30 ILCS 500/) or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies (30 ILCS 500/50-10.5).

A.20.2.2 Other factors that the State may evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the offer,) compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the bidder’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

A.20.2.3 Awarded bidders must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

A.20.2.4 The State may require that a bidder correct any deficiencies as a condition of further evaluation.

A.20.3 PRICE: The State identifies the lowest priced bidder that meets responsibility and responsiveness requirements. The State ranks bids in order of price when appropriate.

A.20.3.1. The quantities indicated under the Items Tab in BidBuy are for evaluation purposes only and are no guarantee of actual usage or future orders.

A.20.3.2. The total cost per dozen for eggs will be a combination of a base price (Line 1 or 2) plus the bidder’s price differential (Lines 3, 7, 11, 15 and 19) and any extra charges (Lines 4, 5, 6, 8, 9, 10, 12, 13, 14, 16, 17, 18, 20, 21 and 22) that a Governmental Agency may choose. The differential bid price must include all costs shipped F.O.B. destination and may not include any additional costs due to taxes (federal or otherwise) unless accompanied by proof the State is subject to the tax.

A.20.3.3. All lines 3 thru 22 must have a dollar amount entered. If a line item is a “No Charge” item, then the bidder must enter $0 in the Unit Cost Field. If there is no entry on any line, then it will be considered no bid. Negative numbers are not allowed.

BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of bid.

BEP Goal: 11% Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified as BEP vendors prior to the Bid Opening Date. Go to https://cei.illinois.gov/ for complete requirements for BEP certification. Go to https://ceibep.diversitysoftware.com/ to search for certified BEP vendors.

The following NIGP Codes were used to calculate the Business Enterprise Program goal:

390-21 Eggs, Fresh 685-30 Egg Cartons 685-31 Egg Case, Fillers, Flats, etc.

The vendors associated with the codes above are listed on the BEP Vendor Listing attached in BidBuy to the solicitation. Visit https://ceibep.diversitysoftware.com/ for a complete list of vendors certified with BEP, as additional vendors may have been certified. Only vendors certified as BEP at the time of bid submission and subject to the code(s) above shall count towards the goal.

In order to be considered as having completed a “good faith effort”, you must contact 100% of all vendors and enter their responses in the BEP Utilization Plan.

VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of bid.

VSBP Goal: N/A Businesses included in Utilization Plans as meeting Veteran Owned Small Business (VOSB) and Service Disabled Veteran Owned Small Business (SDVOSB) requirements as prime vendors or subcontractors must be certified as VOSB or SDVOSB vendors prior to Bid opening date. Go to https://cei.illinois.gov/veterans-business-program.html for complete requirements for VOSB or SDVOSB certification. Go to https://ceibep.diversitysoftware.com/ to search for certified VOSB and SDVOSB vendors.

BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://pathway2procurement.illinois.gov/

-END OF INSTRUCTIONS

INSTRUCTIONS AND GENERAL INFORMATION

Section 1. Part A. Instructions and General Information V.24.1

SECTION 2. OFFER TO THE STATE OF ILLINOIS

Project Title / BidBuy Reference #: JPMC Eggs, Fresh Shell / 24-416CMS-BOSS4-B-42578 The undersigned authorized representative of the identified Bidder hereby submits this Offer to the State of Illinois to perform in full compliance with the subject solicitation. By completing and signing this form, Bidder makes an Offer to the State of Illinois that the State may accept.

Bidder should use this Form as a final checklist to ensure that all required documents are completed and included with the Bid. Bidder must mark each blank below as appropriate; mark N/A when a section is not applicable to this solicitation. Bidder understands that failure to meet all requirements is cause for disqualification.

B.1 SOLICITATION AND CONTRACT REVIEW: Bidder has reviewed the Solicitation and Contract, including all referenced documents and instructions, filled in all relevant blanks, and provided any requested information.

|_| Yes |_| No B.2 ADDENDA: Bidder has taken into account any and all addenda to the solicitation in making this Bid.

|_| Yes |_| No |_| N/A B.3 PRE-SUBMISSION CONFERENCE: If attendance was mandatory, Bidder attended the Pre-Submission Conference.

|_| Yes |_| No |_| N/A B.4 BID SUBMISSION: Bidder is submitting the correct Attachments, properly labeled by the due date and time.

|_| Yes |_| No B.5 VENDOR DISCLOSURE (formerly named FORMS A) or IPG ACTIVE REGISTERED VENDOR DISCLOSURE (formerly named FORMS B): Bidder is properly submitting either Vendor Disclosure or IPG Active Registered Vendor Disclosure, but not both.

|_| Yes |_| No

B.6 BOND: If applicable, Bidder has submitted its Bid Bond or Performance Bond.

|_| Yes |_| No |X| N/A B.7 SMALL BUSINESS SET-ASIDE: Bidder is a qualified small business in the Small Business Set-Aside Program at the time Bids are due.

|_| Yes |_| No |_| N/A B.8 BidBuy Quote Attachment 1 – CONTRACT |_| Yes |_| No

B.9 BidBuy Quote Attachment 2 – OFFER |_| Yes |_| No

B.10 BidBuy Quote Attachment 3 – Vendor Disclosure (formerly FORMS A)

B.11 BidBuy Quote Attachment 4 – IPG Active Registered Vendor Disclosure (formerly FORMS B)

B.12 BidBuy Quote Attachment 5 – BEP UTILIZATION PLAN

B.13 BidBuy Quote Attachment 6 – VSB UTILIZATION PLAN

B.14 CONTRACT SIGNATURE

Bidder has signed and filled out all Vendor information on the CONTRACT SIGNATURES page.

|_| Yes |_| No

B.15 SUBCONTRACTING

Bidder has indicated if subcontractors will be used and provided all requested information.

|_| Yes |_| No |_| N/A

B.16 LOCATION OF PERFORMANCE

Bidder has provided the location and known or anticipated value of services to be performed.

|_| Yes |_| No

B.17 PRICING

Bidder has entered pricing into the BidBuy line items.

|_| Yes |_| No

B.18 EXCEPTIONS

In preparing the Bid, Bidder has taken (check one box below):

|_| No Exceptions |_| Exceptions to the State’s language or requirements; Exceptions must be provided on the State’s form (Section 3, Part C.1) or must be in a substantially similar format. The State discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of Bidder’s Bid.

B.19 REQUEST FOR CONFIDENTIAL TREATMENT

Bidder has supplied an additional copy of the Bid with confidential information deleted. In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the State harmless for any costs or damages arising out of the State agreeing to withhold the materials based on Bidder’s request.

|_| No, Bidder is not requesting confidential treatment for this Bid |_| Yes, Bidder is seeking confidential treatment for portions of this Bid

B.20 PREFERENCES

The Illinois Procurement Code provides various preferences to promote business opportunities in Illinois.

Does Bidder make any claims for preferences? If so, please mark the applicable preference(s) and include the list of items that qualify for the preference at the end of this section and a description of why the preference applies. The State reserves the right to determine whether the preference indicated applies to Bidder.

|_| Resident Bidder (30 ILCS 500/45-10) |_| Recycled Supplies (30 ILCS 500/45-20) |_| Recyclable Paper (30 ILCS 500/45-25) |_| Environmentally Preferable Supplies or Services (30 ILCS 500/45-26) |_| Illinois Correctional Industries (30 ILCS 500/45-30) |_| Not-for-Profit Agencies for Persons with Significant Disabilities (30 ILCS 500/45-35) |_| Gas Mileage (30 ILCS 500/45-40) |_| Small Businesses (30 ILCS 500/45-45) |_| Illinois Agricultural Products (30 ILCS 500/45-50) |_| Corn-Based Plastics (30 ILCS 500/45-55) |_| Veterans (30 ILCS 500/45-57) |_| Vehicles Powered by Agricultural Commodity-Based Fuel (30 ILCS 500/45-60) |_| Public Purchases in Other State (30 ILCS 520) |_| Illinois Mined Coal Act (30 ILCS 555) |_| Steel Products Procurement (30 ILCS 565) |_| Veteran’s Preference (330 ILCS 55) |_| Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575) |_| Procurement of Domestic Products (30 ILCS 517) To claim the Domestic Product preference, vendor must enter "Domestic Product" in the Alternate Description field of each line item (product) for which you claim the preference.

|_| Proposed product is manufactured in Illinois (30 ILCS 517) |_| Bio-based Products (30 ILCS 500/45-75) |_| Local Food, Farms, and Jobs Act (30 ILCS 595/)

Items that Qualify and Explanation: Click here to enter text

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Bidder’s Name: Click here to enter text Date: Click here to enter a date.

OFFER TO THE STATE OF ILLINOIS

Section 2. Part B. Offer to the State of Illinois V.24.1

SECTION 3.

C. EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Click here to enter text agrees with the terms and conditions set forth in the State of Illinois Invitation for Bid, including the standard terms and conditions, the Agency supplemental provisions, certifications, and disclosures, with the following exceptions:

Excluding certifications required by statute to be made by the Vendor, both Parties agree that all of the duties and obligations that the Vendor owes to the Agency for the work performed shall be pursuant to the solicitation and resulting contract, and Vendor’s exceptions accepted by the State thereto as set forth below.

STANDARD TERMS AND CONDITIONS

ADDITIONAL VENDOR TERMS AND CONDITIONS

Click here to enter text hereby agrees to the exceptions provided by Click here to enter text and to the Additional Terms and Conditions provided by Click here to enter text.

EXCEPTIONS TO SOLICITATION AND CONTRACT TERMS AND CONDITIONS

Section 3. Part C. Exceptions to Solicitation and Contract Terms and Conditions V.24.1 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

Contract includes BidBuy Purchase Order? (The Agency answers this question prior to contract filing.)

☐ Yes ☒ No Contract uses Illinois Procurement Gateway Certifications and Disclosures?

☐ Yes (IPG Certifications and Disclosures including IPG Active Registered Vendor Disclosure) ☐ No

1. DESCRIPTION OF SUPPLIES AND SERVICES

2. PRICING

3. TERM AND TERMINATION

4. STANDARD BUSINESS TERMS AND CONDITIONS

5. STATE SUPPLEMENTAL PROVISIONS

6. STANDARD ILLINOIS CERTIFICATIONS

7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST

8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES – “IPG Active Registered Vendor Disclosure (formerly called FORMS B)” (IF APPLICABLE)

9. PURCHASE ORDER FROM BIDBUY (IF APPLICABLE)

In consideration of the mutual covenants and agreements contained in this contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this contract to be executed by their duly authorized representatives on the dates shown on the following CONTRACT SIGNATURES page

STATE OF ILLINOIS

CONTRACT

Central Management Services JPMC Eggs, Fresh Shell

24-416CMS-BOSS4-P-

Contract: Title Page V.24.1

VENDOR

Date:

Street Address: 300 West Jefferson St.

City, State ZIP: Springfield, IL 62702

Printed Name: Raven DeVaughn by David W. Thomas

Official’s Title: Director by Agency Procurement Officer

Contract: Signature Page V.24.1

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: 24-416CMS-BOSS4-R-213903

· Project Title: JPMC Eggs, Fresh Shell

· Contract #: 24-416CMS-BOSS4-P

· Procurement Method (IFB, RFP, Small Purchase, etc.): IFB

· BidBuy / Bulletin Reference #: 24-416CMS-BOSS4-B-42578

· BidBuy / Bulletin Publication Date:

· Award Code: A

· Subcontractor Utilization? |_| Yes |_| No Subcontractor Disclosure? |_| Yes |_| No

· Funding Source:

· Obligation #:

· Other Preferences?

Contract: State Use Only V.24.1

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL: To establish a Joint Purchase Master Contract (JPMC) for fresh shell eggs to be purchased on a as needed basis during the contract period.

This JPMC may be utilized by the Illinois Department of Corrections (DOC), Illinois Department of Juvenile Justice (DJJ), Illinois Department of Human Services (DHS) and the Illinois Department of Veterans’ Affairs (DVA).

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. Required Specifications that must be met:

- USDA regulations 7 CFR Part 56 for Shell Eggs

- USDA Grades and weigh classes for Shell eggs, AMS 56

- Illinois Egg and Egg products act.

1.2.2. Contract goals for Illinois local farm or food products:

- Vendor should make every effort to meet the 20% goal that all food or food products be grown in Illinois or processed and packaged in Illinois (30 ILCS 595/ 5 Local Food, Farms, and Jobs Act).

1.2.3. Grading and Certifications:

All eggs purchased by the State of Illinois shall be graded by the United States Department of Agriculture (USDA) or the Illinois Department of Agriculture (IDA) to determine specification compliance. An official USDA shell egg grading certificate (SEA) Form LPS-210S (Formerly PY-210S) or IDA grading certificate shall be issued for each delivery.

A copy of the grading certificate, bearing the imprint of the official stamp, corresponding to the stamp on each shipping container, will accompany the Bill of Lading with each shipment.

Each case shall be identified with the USDA or IDA contract compliance stamp showing the date of grading. The stamp shall be applied in such a manner that the stamp impression appears beside the sealing tape.

1.2.4. Notification for Grading:

The vendor must notify the grading office at least 48 hours in advance that a lot of eggs are ready for grading to ensure ample time for scheduling.

Product must be stamped five (5) working days or less prior to each delivery or it may be rejected.

Grading Services: For USDA grading services, contact the USDA grading office at (618) 997-6820 or the IDA egg inspection program at (217) 524-1550.

Cost of the grading is the sole responsibility of the vendor.

1.2.5. Vendor will be responsible for subscribing to the Urner Barry and receiving the market price report for midwest fresh shell eggs on the third Tuesday of each month. Vendor will email the report monthly to Central Management Services (CMS), Bureau of Stategic Sourcing (BOSS) contract buyer at jack.eck2@illinois.gov to attach to the resulting contract(s).

For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.

1.3. MILESTONES AND DELIVERABLES:

The report will be sent to the following email address: CMS.BOSS.Sourcing@illinois.gov.

1.4. VENDOR / STAFF SPECIFICATIONS:

Vendor must be registered in BidBuy before entering into the resulting Contract with the State of Illinois.

1.5. TRANSPORTATION AND DELIVERY:

1.5.1. Delivery will be made within 14 days F.O.B. Destination with all transportation and handling paid by the Vendor to any governmental unit as defined in section 5.2 within the State of Illinois. Delivery locations will be identified on individual orders. Vendor shall coordinate delivery location requirements with ordering entity prior to shipment.

1.5.2. Deliveries made to State Agencies will be delivered between 9:00 AM and 3:00 PM (Monday through Friday), excluding State holidays, unless pre-approved by the ordering entity. Delivery instructions can be found on the purchase orders from the individual State Agency.

1.5.3. Eggs shall be packed in new or good used commercial cases of 30 dozen. The eggs are layer packed into the filler flats and/or cartons. Additional charges will apply if requested to be packed in standard one-dozen containers. The tops of all cases must be closed securely by applying a 2” to 3” cellophane type tape across the length of the top and extending down each end approximately 3”.

Each case, after grading, shall be marked with the name of the commodity, grade, size, net contents and name of the vendor and the purchase order.

1.5.4. There is no guarantee of quantities for actual orders or usage. Vendor shall furnish all requirements for the Contract period.

1.5.5. If Vendor is unable, or anticipates that it will not be able, to fulfill an order in accordance with the requirements of the Contract, Vendor will submit a request to delay order fulfillment to the ordering entity in writing within 72 hours of receipt of the applicable order and will include in such request its best estimate of the duration of the delay and the reasons for the delay.